Sunday, February 1, 2009


 

(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~ ~

Exh~bitA~j

PageJ_cfJ~


 


 

coPY~

Sheriff Larry Campbell

P0 Box 727, Tallahassee, Fl 323 02-0727

    Records Phone 850-922-3317    Records Fax 850-922-7592


 

FAX Transmittal


 

Date:    July 31,2008


 

From:    Rick Eggers, Records Manager Leon County Sheriff's Office


 

To:    Anabelle Dias


 

Anabelle Dias & Associates, P.A.


 

Re:    Request for inmate records


 

Total Number ofpages including cover sheet is 3


 

As we discussed please find attached the CAD Notes for LCSO 06-0 144796, Defendant Zack Peterson, SPN 33366 since JIS does indicate an order approving Subpoena Duces Tecum to Custodian of Records, Tallahassee, Police Department for all Radio Transmissions and CAD Notes in Reference to LCSO Case Number 06-144796 (Note: fee is waived for this request).


 

If you should have any questions please let me know. Rick


 


 


 


 


 


 

She.rift~ ffice

    E:th~i~    f-21

PL~ I ~f (


 


 

Confidentiality Notice: This memo and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to who addressed. This communication may contain material protect ed by Florida Statutes. If you are not the intended recipient or the person responsible for delivering the memo to the intended recipient, be advised that you have received this memo in error and that any use, dissemination, foiwarding, printing, or copying of this memo is strictly prohibited. If you have received this memo in errot please immediately foiward it back to our office with the words RECEIVED IN ERROR noted in the subject line.


 

Henry Eggers - Re: Orders approving subpoena duces

From:

To:

Date:

Subject:

cc~


 


 

Henry Eggers

Ad lasa nd_associates

7/29/2008 12:56 PM

Re:    Orders approving subpoena duces tecum

Austin, Cassandra; Dias, Anabelle; kezzied6@aol.com;

nikkishagrandberry©yahoo.com


 


 

July 29, 2008


 

Anabelle Dias & Associates, P.A.

1226 E. 7th Ave

Tallahassee, Fl 32303


 

RE:    Records request


 

This will acknowledge receipt of your Orders Approving Subpoena Duces Tecum's for Radio Transmissions for LCSO Case 06-144796, Defendant Zack Peterson and Radio Transmissions and CAD Notes for LCSO Case 07-179166, Defendant Benjamin Wertenberger. Prior to the release of your request we require payment to the Leon County Sheriffs Office in the form of a Cashiers Check, Check, Money Order or Cash in the amount of $8.15 (1 page of letter sized CAD Notes and 1 radio transmission audio tape) if you pick-up or provide a SASE of sufficient size for the documents; or $8.75 if LCSO provides return mail service.


 

Note:    Per LCSO Communications the radio transmissions for LCSO case 06-144796, Defendant Zack Peterson are no longer available.


 

If you should have any further questions, please don't hesitate to contact us

850-922-3317.

Sincerely,    ~ Office

H.F. (Rick) Eggers, III    ,, 31f

Records Manager

>>.>    TTAdias and associates" <Adias_and_associates©yahoo.com> 7/28/2008 3:19 PM>>> Hello Henry,


 

I attached a copy of the orders and subpoenas for the following; also faxed

over copies.

Benjamin Wertenburger

Zack Peterson.    -

From:    ~Adias and associates" <Adias and associates@yahoocom>

To:    '"Henry Eggersu <EggersH~Ieoncountyfl.gov>

CC:    "Anabelle Dias" <anabellelaw~yahoo.com>, <nikkishagrandberry~ya oo.com>,...

Date:    7/28/2008 3:20 PM

Subject:    Orders approving subpoena duces tecum

Attachments:    ORDER APPROVING SUBPOENA DUCES TECUM AND SUBPOENA.docx; ORDER

APPROVING SUB

POENA DUCES TECUMdocx


 

Hello Henry,


 

I attached a copy of the orders and subpoenas for the following; also faxed

over copies.

Benjamin Wertenburger

Zack Peterson.


 


 

Thanks a lot

Nikki


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

Sher~fVs Office

Exhibit_~~~

P~e_f~of /

~(8/2/20~)8) Henry Eggers-Re LCSO 06-144796    -~.

    COPY1

    CC:    Gay, Rebecca; Griner, Alan    _________________

    Date:    5/7/2008 5:28 PM

    Subject:    Re: LCSO 06-144796


 

Ms. Dias, LCSO Records is in receipt of your request for the audio radio transmissions in reference to LCSO 06-144796. We will


 

respond as quickly as possible to your request.


 

Rick Eggers, Records Manager

Leon County Sheriff's Office

(850) 922-3317


 

>>> anabeHe dias <anabellelaw@yahoo.com> 05/06/08 4:07 PM>>> I have made the request to Mr Eggers but I have not received a replied yet.


 

Rebecca Gay <Gayr©Ieoncountvfl.gov> wrote: Ms. Dias,


 

I am unable to process this request. All records requests must be made through our records custodian Mr. Rick Eggers.


 

Rebecca


 

Rebecca Gay

Supervisor of Communications

Leon County Sheriff's Office

Tallahassee, Florida 32310

850-922-3333


 

>>> anabelle dias 05/03/08 9:32 PM>>> Hey Rebecca,


 

I am making a Public records request for the audio radio transmissions in reference to LCSO 06-144796 in the alternartive I am making a request that they be copied before they are recycled and preserve as evidence in the upcoming trial of State of Florida v. Zack Peterson


 

Thank you very much


 

Anabelle Dias


 


 

Sincerely, Anabeile Dias

Attorney and Counselor at Law


 

Anabelle Dias & Associates, P.A.

1226 E. 7th Ave

Tallahassee, Fl 32303

Telephone (850) 422-3427

cell (850) 528-2400

Fax (850) 893-9901


 

Privileged and Confidential: The information contained in this e-mail

message is intended for the use of the individual or entity to which it


 

addressed and may contain information that is proprietary,

    confidential,    SherifVs Office

    attorney client privileged, attorney work product, protected by the    ~ ~ ~

    Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521,     1 1

    and    P~g~_L~of L

    exempt from disclosure under applicable federal and state laws. If the

    reader of this message is not the intended recipient, or the employee

    or

~8I2I2008~HennjEggers-ReLCSO06-144796~        Pagel


From:    COPY

    CC:    Eggers, Henry; Griner, Alan    ________________

    Date:    5/6/2008 3:59 PM

    Subject:    Re: LCSO 06-144796


 

Ms. Dias, I am unable to process this request. All records requests must be made through our records

custodian Mr. Rick Eggers.


 

Rebecca


 

Rebecca Gay

Supervisor of Communications

Leon County Sheriffs Office

Tallahassee, Florida 32310

850-922-3333


 

>>> anabelle dias <anabellelaw@yahoo.com> 05/03/08 9:32 PM >>> Hey Rebecca,


 

I am making a Public records request for the audio radio transmissions in reference to LCSO 06-144796 in the alternartive I am making a request that they be copied before they are recycled and preserve as evidence in the upcoming trial of State of Florida v. Zack Peterson


 

Thank you very much


 

Anabelle Dias


 


 

Sincerely, Anabelle Dias

Attorney and Counselor at Law


 

Anabelle Dias & Associates, P.A.

1226 E. 7th Ave

Tallahassee, Fl 32303

Telephone (850) 422-3427

Cell (850) 528-2400

Fax (850) 893-9901


 

Privileged and Confidential: The information contained in this e-mail

message is intended for the use of the individual or entity to which it Shenff~s Office is Exhjblt ~ addressed and may contain information that is proprietary, ~ ~f I confidential, attorney client privileged, attorney work product, protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, and

exempt from disclosure under applicable federal and state laws. If the reader of this message is not the intended recipient, or the employee or


 


 


 


 


 


 

From:    Rebecca Gay

To:    Eggers, Henrj

Date:    5/5/2008 10:36 AM

Subject:    Fwd: LCSO 06-144796


 

Rick,

Did Anabelle make this public records request to you?


 

Becky


 

>>> anabeUe dias <anabelleiaw@yah00.Com> 05/03/08 9:32 PM>>> Hey Rebecca,


 

I am making a Public records request for the audio radio transmissions in reference to LCSO 06-144796 in the alternartive I am making a request that they be copied before they are recycled and preserve as evidence in the upcoming trial of State of Florida v. Zack Peterson


 

Thank you very much


 

Anabelle Dias


 


 

Sincerely, Anabelle Dias

Attorney and Counselor at Law


 

Anabelle Dias &~Associates, P.A.

1226 E. 7th Ave

Tallahassee, F! 32303

Telephone (850) 422-3427

Cell (850) 528-2400 Fax (850) 893-9901

************************************************************************


 


 

Privileged and Confidential: The information contained in this e-mail message is intended for the use of the individual or entity to which it is

addressed and may contain information that is proprietary, confidential, attorney client privileged, attorney work product, protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, and

exempt from disclosure under applicable federal and state laws. If the reader of this message is not the intended recipient, or the employee or

agent responsible for delivery to the intended recipient, you are hereby -

notified that any use, printing, reproduction, disclosure or dissemination

of this communication may be subject to legal restriction or sanction

SfterifVs Of f~c•e


 

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