AJF street


Allan Favish is a Los Angeles-based attorney whose focus is on General Insurance Defense and Litigation Insurance Coverage/Reinsurance & Bad Faith Litigation.  A UCLA graduate, he received his J.D. at Hastings College of Law in 1981.


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Transcript of October 13, 2000, Hearing

1 BLOOD OR LOVE, AND THEREFORE, THAT THE EXPECTABLE INVASION

2 OF THEIR PRIVACY CAUSED BY THE RELEASE OF RECORDS MADE FOR

3 LAW ENFORCEMENT MUST BE BALANCED AGAINST THE PUBLIC PURPOSE

4 TO BE SERVED BY DISCLOSURE."

5 NOW, THEY HAVE IDENTIFIED PREVIOUSLY IN THE

6 OPINION AT PAGE 7946, THE PEOPLE WHO SEEMINGLY ARE WITHIN

7 THE PENUMBRA OF COVERAGE HERE, AND THEY ARE SHEILA FOSTER

8 ANTHONY, THE DECEDENT'S SISTER, HIS MOTHER, HIS CHILDREN,

9 AND HIS WIDOW. NOW, HAVING IN MIND THE PEOPLE TO BE

10 PROTECTED, HAVING IN MIND THE GUIDANCE THAT THE COURT HAS

11 GIVEN US, I THEN MOVE TO PAGE 7948, AND THEY SAY, QUOTE,

12 "WE DO NOT, HOWEVER, HAVE BEFORE US ALL OF THE RELEVANT

13 FACTS. THE OIC REPRESENTS THAT THE TEN WITHHELD

14 PHOTOGRAPHS ARE 'GRAPHIC, EXPLICIT AND EXTREMELY

15 UPSETTING.'"

16 "THAT DESCRIPTION IS NOT TRUE OF THE PHOTO

17 ALREADY PUBLISHED IN TIME AND ON TELEVISION SHOWING A HAND

18 HOLDING A GUN. IT MAY BE TRUE OF THE REMAINING NINE

19 PHOTOS, BUT NO COURT HAS EVER SEEN THEM. THE DISTRICT

20 COURT HAS DISCRETION TO DECIDE UNDER FOIA THE BASIS OF

21 AFFIDAVITS, AND AFFIDAVITS ARE IN SOME CASES SUFFICIENT. IN

22 CAMERA" -- EXCUSE ME -- EXCERPTING. "BUT WHEN THE AGENCY

23 AFFIDAVITS ARE INSUFFICIENTLY DETAILED, IN-CAMERA REVIEW IS

24 APPROPRIATE."

25 BOTTOM LINE, "JUDGE, YOU'VE GOT NINE PHOTOS.

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