Preview
FILED: QUEENS COUNTY CLERK 05/21/2024 05:27 PM INDEX NO. 710809/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024
Exhibit B
FILED: QUEENS COUNTY CLERK 05/21/2024 05:27 PM INDEX NO. 710809/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024
The NewYorkTimes
Company
Freedom Of Information Law request
TO:
New York City Department of Correction, Records Access Officer
Legal Division
75-20 Astoria Blvd
East Elmhurst, New York 11370
Records.access@doc.nyc.gov
Christopher Connard, Acting Deputy General Counsel, Department of Corrections,
Christopher.Connard@doc.nyc.gov
FROM:
Robin Stein, The New York Times, video unit,
Sarah Kerr, The New York Times, video unit,
Jan Ransom, The New York Times Metro section,
Submitted via email on June 5, 2023
Dear officer for public records:
Pursuant to the New York Freedom of Information Law (Public Officers Law, Article 6), we are writing
from The New York Times to respectfully request the public records described below.
We request any and all visual and audio evidence — still photographs, video footage (ie. Genetec,
CCTV, body-worn cameras or any other devices) and audio recordings — from the five incidents detailed
in the “Special Report of the Nunez Independent Monitor” federal court filing dated May 26, 2023
(attached).
The incidents pertain to the following Rikers Island detainees and dates:
1. James Carlton, May 11, 2023 — Any recordings of Mr. Carlton before, during and after his exit
from the elevator that led to his detention and injuries at the Vernon C. Bain Center, including the
positioning, actions, movements of DOC staff restraining him. We would also like to request recordings
that capture DOC staff responding to Mr. Carlton, providing medical assessments or care and transporting
him to medical facilities.
FILED: QUEENS COUNTY CLERK 05/21/2024 05:27 PM INDEX NO. 710809/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024
2. Zubu Zhao, May 14, 2023 – Any recordings of Mr. Zhao’s self-harm incident at the George R. Vierno
Center, including any/all of his actions, movements or verbal communications captured in recordings one
half hour prior to the incident. We would also like to request recordings that capture DOC staff
responding to Mr. Zhao, providing medical assessments or care and transporting him to medical facilities.
3. Daniel Cruz, May 17, 2023 – Any recordings of Mr. Cruz’s assault in an intake pen at the Eric M.
Taylor Center and recordings that capture Mr. Cruz’s movement and positions for five hours after the
incident. We would also like to request recordings that capture DOC staff responding and providing
medical care to Mr. Cruz and transporting him to medical facilities.
4. Joshua Valles, May 20, 2023
a. Any recordings of Mr. Valles communicating to the staff at the Anna M. Kross Center that he
was in physical duress and/or requesting medical care. We would also like any/all recordings that
capture medical assessments and care provided to Mr. Valles on May 20, 2023 and his transport
to medical facilities.
b. Any/all recordings of the “fight with other incarcerated individuals” involving Mr. Valles (mid-
April 2023) reported by the Dept of Corrections General Counsel, according to page 2 of the
Federal Monitor’s “x537 additional monitor” report dated May 31, 2023 (see report attached,
which indicates “there is video, but no reported injuries”).
5. Ovidio Porras
a. May 20, 2023 Incident – Any/all recordings of the use-of-force incident involving Mr. Porras
during new admission intake processing at the Eric M. Taylor Center clinic.
b. May 20, 2023 Post-Incident – Any/all recordings that capture Mr. Porras’s positioning,
movements and communications after the incident, including: the period of time he spent in
restraints “behind his back in a pen alone for at least four hours,” his interactions with an
Associate Commissioner, and his transfer to a mental health dorm, according to the Federal
Monitor report dated May 26, 2023.
c. May 21, 2023 – Any/all recordings that capture Mr. Porras’s presentation/communications of
physical distress and/or requesting medical care. We would also like any/all recordings that
capture medical assessments and care provided to Mr. Porras on May 20, 2023 and his
transportation to Bellevue Hospital.
We prefer to receive these records electronically. However, we would also be willing to examine the
responsive records in person if you grant us immediate access. We are also open to modifying this request
to reduce your workload or the time it will take you to comply. Please let us know if you have any
suggestions for modifications.
Also in the interest of time, please consider the different parts of this request separately. That is, please
send the information as it becomes available, rather than all at once.
On a related note, if you deem that part of this request is not “reasonably described” pursuant to the FOIL,
or is somehow exempt from the law, or is otherwise unavailable, we request that it not slow your
production of the rest of the requested records.
FILED: QUEENS COUNTY CLERK 05/21/2024 05:27 PM INDEX NO. 710809/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024
Similarly, we want to note that if you deem that some part of any responsive record is an unwarranted
privacy invasion, is “inter-agency or intra-agency material,” or falls under another exemption to the
FOIL, the law requires you to scrupulously redact the record – not withhold the record entirely. In Gould
v NYC POLICE DEPT, in 1996, the Court of Appeals of the State of New York ruled that “blanket
exemptions for particular types of documents are inimical to FOIL's policy of open government.” Instead,
the court said, records must be redacted rather than completely withheld.
We also want to call your attention to the 2021 Appellate Division ruling in New York Disability Rights
v. New York State Commission of Correction, which indicates that the only thing deemed to be shielded
from FOIL during the pendency of death in custody investigations is the specific SCOC M-187 medical
form, not visual or audio recordings that might be relevant.
As news reporters, we are requesting this information because of the public interest in open government
and the administration of your agency. As such, we request a waiver of any charges. If a waiver is not
possible and the actual costs come to more than $50, please provide us with a detailed cost breakdown
before processing the request.
If you ultimately deny any part of this request, or make any redactions to the records, please provide a
legal basis for your decision as well as an email address where we can file an appeal.
As you know, Section 88.3a requires your office to respond to this request in five days. As time is
important, please communicate with us by telephone or email rather than regular snail mail. Our contact
information is below. We would be happy to answer any questions that you have.
Sincerely,
Robin Stein
Sarah Kerr
Jan Ransom
Preview
FILED: QUEENS COUNTY CLERK 05/21/2024 05:27 PM INDEX NO. 710809/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024 Exhibit B FILED: QUEENS COUNTY CLERK 05/21/2024 05:27 PM INDEX NO. 710809/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024 The NewYorkTimes Company Freedom Of Information Law request TO: New York City Department of Correction, Records Access Officer Legal Division 75-20 Astoria Blvd East Elmhurst, New York 11370 Records.access@doc.nyc.gov Christopher Connard, Acting Deputy General Counsel, Department of Corrections, Christopher.Connard@doc.nyc.gov FROM: Robin Stein, The New York Times, video unit, Sarah Kerr, The New York Times, video unit, Jan Ransom, The New York Times Metro section, Submitted via email on June 5, 2023 Dear officer for public records: Pursuant to the New York Freedom of Information Law (Public Officers Law, Article 6), we are writing from The New York Times to respectfully request the public records described below. We request any and all visual and audio evidence — still photographs, video footage (ie. Genetec, CCTV, body-worn cameras or any other devices) and audio recordings — from the five incidents detailed in the “Special Report of the Nunez Independent Monitor” federal court filing dated May 26, 2023 (attached). The incidents pertain to the following Rikers Island detainees and dates: 1. James Carlton, May 11, 2023 — Any recordings of Mr. Carlton before, during and after his exit from the elevator that led to his detention and injuries at the Vernon C. Bain Center, including the positioning, actions, movements of DOC staff restraining him. We would also like to request recordings that capture DOC staff responding to Mr. Carlton, providing medical assessments or care and transporting him to medical facilities. FILED: QUEENS COUNTY CLERK 05/21/2024 05:27 PM INDEX NO. 710809/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024 2. Zubu Zhao, May 14, 2023 – Any recordings of Mr. Zhao’s self-harm incident at the George R. Vierno Center, including any/all of his actions, movements or verbal communications captured in recordings one half hour prior to the incident. We would also like to request recordings that capture DOC staff responding to Mr. Zhao, providing medical assessments or care and transporting him to medical facilities. 3. Daniel Cruz, May 17, 2023 – Any recordings of Mr. Cruz’s assault in an intake pen at the Eric M. Taylor Center and recordings that capture Mr. Cruz’s movement and positions for five hours after the incident. We would also like to request recordings that capture DOC staff responding and providing medical care to Mr. Cruz and transporting him to medical facilities. 4. Joshua Valles, May 20, 2023 a. Any recordings of Mr. Valles communicating to the staff at the Anna M. Kross Center that he was in physical duress and/or requesting medical care. We would also like any/all recordings that capture medical assessments and care provided to Mr. Valles on May 20, 2023 and his transport to medical facilities. b. Any/all recordings of the “fight with other incarcerated individuals” involving Mr. Valles (mid- April 2023) reported by the Dept of Corrections General Counsel, according to page 2 of the Federal Monitor’s “x537 additional monitor” report dated May 31, 2023 (see report attached, which indicates “there is video, but no reported injuries”). 5. Ovidio Porras a. May 20, 2023 Incident – Any/all recordings of the use-of-force incident involving Mr. Porras during new admission intake processing at the Eric M. Taylor Center clinic. b. May 20, 2023 Post-Incident – Any/all recordings that capture Mr. Porras’s positioning, movements and communications after the incident, including: the period of time he spent in restraints “behind his back in a pen alone for at least four hours,” his interactions with an Associate Commissioner, and his transfer to a mental health dorm, according to the Federal Monitor report dated May 26, 2023. c. May 21, 2023 – Any/all recordings that capture Mr. Porras’s presentation/communications of physical distress and/or requesting medical care. We would also like any/all recordings that capture medical assessments and care provided to Mr. Porras on May 20, 2023 and his transportation to Bellevue Hospital. We prefer to receive these records electronically. However, we would also be willing to examine the responsive records in person if you grant us immediate access. We are also open to modifying this request to reduce your workload or the time it will take you to comply. Please let us know if you have any suggestions for modifications. Also in the interest of time, please consider the different parts of this request separately. That is, please send the information as it becomes available, rather than all at once. On a related note, if you deem that part of this request is not “reasonably described” pursuant to the FOIL, or is somehow exempt from the law, or is otherwise unavailable, we request that it not slow your production of the rest of the requested records. FILED: QUEENS COUNTY CLERK 05/21/2024 05:27 PM INDEX NO. 710809/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024 Similarly, we want to note that if you deem that some part of any responsive record is an unwarranted privacy invasion, is “inter-agency or intra-agency material,” or falls under another exemption to the FOIL, the law requires you to scrupulously redact the record – not withhold the record entirely. In Gould v NYC POLICE DEPT, in 1996, the Court of Appeals of the State of New York ruled that “blanket exemptions for particular types of documents are inimical to FOIL's policy of open government.” Instead, the court said, records must be redacted rather than completely withheld. We also want to call your attention to the 2021 Appellate Division ruling in New York Disability Rights v. New York State Commission of Correction, which indicates that the only thing deemed to be shielded from FOIL during the pendency of death in custody investigations is the specific SCOC M-187 medical form, not visual or audio recordings that might be relevant. As news reporters, we are requesting this information because of the public interest in open government and the administration of your agency. As such, we request a waiver of any charges. If a waiver is not possible and the actual costs come to more than $50, please provide us with a detailed cost breakdown before processing the request. If you ultimately deny any part of this request, or make any redactions to the records, please provide a legal basis for your decision as well as an email address where we can file an appeal. As you know, Section 88.3a requires your office to respond to this request in five days. As time is important, please communicate with us by telephone or email rather than regular snail mail. Our contact information is below. We would be happy to answer any questions that you have. Sincerely, Robin Stein Sarah Kerr Jan Ransom