OAKLAND — The University of California can release two reports on the pepper-spraying of Occupy UC Davis protesters, minus the names of police officers, an Alameda County Superior Court judge ruled Wednesday.
Judge Evelio Grillo rejected the argument of the Federated University Police Officers Association that the report violated a state law protecting police personnel records.
He gave the union 21 days to appeal the decision. John Bakhit, an attorney for the union, said after the hearing he did not know if the union would appeal.
After that, UC can release contested portions of a task force’s report and the fact-finding report compiled by Kroll Associates Inc., on which it was based. Both examine the Nov. 18 pepper-spraying of about a dozen unarmed protesters and the arrest of 10 others.
Grillo granted one exception: Besides the names of Chief Annette Spicuzza and Lt. John Pike, whose names are widely known, those of all other officers — both witnesses and those whose actions are the target of investigators — must be blocked out or replaced with pseudonyms.
Grillo did so because of thousands of messages, many threatening, received by Pike after hackers posted his personal information online following the incident.
General counsel Charles Robinson said UC hoped that an unredacted report eventually will be made public, but added that he is uncertain if UC would appeal Grillo’s decision at this time.
Robinson said Wednesday that five officers are under scrutiny, retracting an earlier estimate of “six to 10.”
On March 16, Grillo OK’d the release of portions of the report not dealing with police officers.
UC has not done so, however, despite public records requests, because the task force chaired by former California Supreme Court Justice Cruz Reynoso wants the reports made public in their entirety, not piecemeal.
Spicuzza, Pike and a third officer are on administrative leave pending the outcome of a separate internal affairs investigation. Still photographs show the other officer to use pepper spray as A. Lee, but UCD officials have refused to confirm his identity because of concerns for his safety.
— Reach Cory Golden at [email protected] or (530) 747-8046. Follow him on Twitter at @cory_golden