(811 3/2008) Renr~~gers - Re Wilhe Colson records request and LCSO response toSubp Duce Tecum    Page 1

 

 

 

 

From:    Henry Eggers

To:    dias, anabelle

CC:    Austin, Cassandra; Griner, Alan

Date:    5/7/2008 5:12 PM

Subject:    Re: Willie Colson records request and LCSO response to Subp Duce Tecum

 

Ms. Dias,

 

~    LCSO is in receipt of your request for all audio of Radio Transmissions for November 2, 2007 from 15:OOPM to 23:OOPM. We will respond as quickly as possible to your request.

 

Rick Eggers, Records Manager

Leon County Sheriff's Office

(850) 922-3317

 

>>-> anabelle dias <anabellelaw@yahoo.com> 05/07/08 4:17 PM>>> To whom may be able to assist us,

 

We are scheduled to start trial in Mr COlson's case in the morning. We have a pending motion dealing with discoveiy issues. I sent an email to Me Eggers (see below) requesting some clarification as to the 65 pages we obtained from your agency last thursday in response to our subp Duce Tecum. I was also told that there was no Radio Transmissions in this case. I am respectfully requesting an email or letter stating the the LCSO has provided us with a copy of everything they have in this case or in the alternative a letter listing the items that they did not provide us and the reasons why. We are at the eve of trial and need a response to adequately prepare for tomorrow. I understand that the LCSO believes we are not entitled to everything in their possession while there is a pending prosecution. However, I need a response in writting to our previous questions and request in order to know how to proceed tomorrow. I have a prosecutor who plans to introduce evidence that was

allegedly provided to your agency but the records you provided to us in response to our requests do not include such documentary evidence. My client is clearly prejudiced by our inability to determine before tomorrow whether or not any such evidence was indeed provided to the LCSO. Please have someone acknowledge this email and request from us.

 

Respectfully,

 

Anabelle Dias on behalf of Willie Colson

 

From: Anabelle frnailto:anabellejaw©yahoocoml

Sent:    Sunday, May 04, 2008 3:07 PM

To:    Henry Eggers'

Cc:    ~ Dias & Associates, PA'

Subject:    (PART 1) LCSO PUBLIC RECORDS REQUEST.docx

 

Dear Mr Eggers,

 

Please find attached a copy of the letter and the records provided by your office in reference to a subpoena Duce Tecum for LCSO 07-251052 records. This is another Public Records Request in reference to LCSO case number 07-251052 and a request for additional information in reference to your response to our subpoena.

1.    Please advise that your office provided us with a copy of all records generated or provided to your office in reference to the investigation of said case.

2.    Your letter indicates that there was no audio radio transmissions since the LCSO retention policy was to retain them for 30 days.

a.    Please provide us with a copy of the policy applicable to retention of audio Radio Transmissions

b.    Please advise as to when the audio tape would have be recycled, destroyed or become no longer available for copy and/or

discovery.

3.    Many public records requests were made previously in reference to this case. However, because of the ongoing

prosecution of Mr Colson your office claimed an exemption to the Public Record Requests for CAD notes and Radio Transmissions.

Please provide us in writing the reason why the Leon County Sheriffs Office believes that Mr Colson and his attorney of records

would not be entitled to a copy of the CAD notes and Audio Transmissions upon written requests to your office despite having filed

a proper Demand for Discovery.

4.    Our Office also requested a copy of any emails in reference to Mr Colson case. More specifically, we requested a copy of

any and all emails generated by your office or received from your office in reference to Mr Colson or the investigation of LCSO 07-

251052. Please advise us in writing that either no such emails exist or the reason why you believe we are not entitled to such

emails.

5.    Finally we also requested a copy of all emails and text messages sent and received by anyone from your agency for

November 2, 2007.

 

SherifV~ ~

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