Preview
FILED: DUTCHESS COUNTY CLERK 06/11/2024 10:18 PM INDEX NO. 2024-52427
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/11/2024
EXHIBIT 4
FILED: DUTCHESS
NEW YORK COUNTY CLERK 06/11/2024
06/01/2023 10:18
04:49 PM INDEX
INDEXNO.
NO.152896/2023
2024-52427
NYSCEF DOC. NO. 8
23 RECEIVED NYSCEF: 06/11/2024
06/01/2023
EXHIBIT 5
FILED: DUTCHESS
NEW YORK COUNTY CLERK 06/11/2024
06/01/2023 10:18
04:49 PM INDEX
INDEXNO.
NO.152896/2023
2024-52427
NYSCEF DOC. NO. 8
23 RECEIVED NYSCEF: 06/11/2024
06/01/2023
MOORE, LESA
From: donotreply@records.nyc.gov
Sent: Thursday, June 1, 2023 4:30 PM
To: clbella@legal-aid.org
Subject: [OpenRecords] Request FOll-2021-056-10444 Cosed
CAUTION! EXTERNAl. SENI)ER
STOP WHEN UNSURE. Never click on links or open attachments if sender is unknown, and never provide
user ID or password. Suspicious? Please report to this email address: reportphishing@nypd.org
The New York City Police Department (NYPD) has closed your FOIL request FOJb2021-056-10444 for the
following reasons:
" Your request under the Freedom of Information Law (FOIL) has been fulfilled and the documents you
requested have been emailed to you.
You may appeal the decision to deny access to material that was redacted in part or withheld in entirety by
contacting the agency's FOIL Appeals Officer: foilappealsû/nyod.orn within 30 days.
1
FILED: DUTCHESS
NEW YORK COUNTY CLERK 06/11/2024
06/01/2023 10:18
04:49 PM INDEX
INDEXNO.
NO.152896/2023
2024-52427
NYSCEF DOC. NO. 8
23 RECEIVED NYSCEF: 06/11/2024
06/01/2023
MOORE, LESA
From: donotreply@records.nyc.gov
Sent: Thursday, June 1, 2023 4:27 PM
To: clbella@legal-aid.org
Subject: Response Added to FOll-2021-056-10444 - File
[OpenRecords]
CALiTION! EXTERNAL \l SENDER
STOP WHEN t:NSURE. RE. Never click on links or open attachments if sender is unknown. and never provide
user ID or password. Suspicious? Please report to this email address: reportphishing@nypd.org
This is in further response to your letter dated July 09, 2021, in which you request access to certain records
pursuant to the New York State Freedom of Information Law (FOIL). By letter dated November 29, 2022, the
Records Access Appeals Officer stated that your appeal was premature because a determination had not been
issued by the Record Access Officer. The decision is contained herein.
A diligent search is complete for records related to complaint numbers 1980-108-8200 (for victim Karen
Sheets) and 1980-1 13-11772 (for
Parker) victim James
at the locations where the records sought would have been
108gh 113th
reasonably located including the Detective Squad, Detective Squad. Criminal Records Section. Latent
Division,108th 113'h
Print Section, Property Clerk Precinct, and the Precinct. No documents were found by the
108th 108th 113th
Detective Squad, Criminal Records Section, Property Clerk Division, PreCinCt, Or the Precinct.
A total of482 pages responsive records have been located. Those pages are being released including: (1)
185 pages from the Latent Print Section files 2596 and 2527 - of fingerprints scans, print card pages.
consisting
Latent Fingerprint Reports, Complaint Follow-Up Informational, Request for Latent Print Comparisons. Case
Notes Analysis Worksheets, Peer Review Worksheets, Performance Verifications, LPS Case File Chain Of
Custody Supplemental, LPS Case Notes Worksheets, MBIS Search Records, LPS Report of Examinations. Case
Documentation Index, Email, Memorandums, folder cover-pages, and SAFIS Latent Case Entry Processing
Forms; (2) 45 pages of photographs along with Crime Scene Unit Sheet reports and Forensic reports are being
released from the CrimeUnit Scene
folders 2997A, 2997B, and 2997; and (3) 252 pages are released from the
113th 108th
investigatory squad file from the precinct Detective Squad; please note that portions of the Precinct
113th
detective squad folder were located within the Precinct detective squad folder; the records released include
detective memorandums, newspaper articles, Homicide Data Sheet, Assistant District Attorney memorandum.
Mugshot of the Petitioner's client, Original Case Report, Complaint Follow-up Reports. Vehicle Search Results.
Unusual Occurrence Reports, Complaint Report, Missing/Unidentified Person Report, Index Sheet, blank Index.
blank Investigation Plan, envelopes, folder cover-pages, photographs, handwritten notes from loose paper and
detective's notebook - 19 pages from the Detective's notebook appear to be unrelated to the
approximately
present case, but nevertheless released for your review. Due to the faded quality of some 40 year old pages. better
resolutions could not be produced for a few pages.
Pursuant to NY Public Officers Law §§87(2)(b), 89(2)(b), and 87(2)(f) redactions have been made to the
records to protect the personal privacy and life and safety of the surviving family members of the deceased
victims, the testifying and non-testifying witnesses, and third parties identified during the double homicide
victims'
investigation. The identifying information redacted includes the victims dates of births. license plate numbers.
1
FILED: DUTCHESS
NEW YORK COUNTY CLERK 06/11/2024
06/01/2023 10:18
04:49 PM INDEX
INDEXNO.
NO.152896/2023
2024-52427
NYSCEF DOC. NO. 8
23 RECEIVED NYSCEF: 06/11/2024
06/01/2023
vehicle registration numbers, former home addresses, NYSID and FBI numbers, and 8 photos of the body of the
deceased victim, Karen Sheets, and one photo of the face and exposed chest of the deceased victim. James
Parker. Also redacted are the names of non-testifying witnesses/suspects, and home addresses. identifying
familial relationships, gender, telephone numbers, business telephone numbers, license plate numbers. dates of
births, work titles, sealed and unsealed criminal arrest histories, NYSID and FBI numbers. mugshots and rap
sheets of persons other than Petitioner's client, social security numbers, inmate numbers, inmate visitor's
information, other identifying/safety information, etc.. of non-testifying witnesses, testifying witnesses and third
parties whose information was identified during the law enforcement investigation.
Pursuant to NY Public Officers Law §§87(2)(e)(iii) and (e)(iv), one sentence has also been redacted
because it contains confidential and non-routine information.
Pursuant to NY Public Officers Law §87(2)(a) and NY Criminal Procedure Law § 160.50. 27 pages have
also been redacted in almost their entirety because they contain sealed arrest history of persons other than
Petitioner's client. Several ofthose same records are also barred from release pursuant to NY Public Officers Law
§87(2)(a) and NYC Executive Law § 837(8) and 9 N.Y.C.R.R. 6150.4 (b) as rap sheets of persons other than
Petitioner's client are exempt from disclosure to anyone other than the subject of the rap sheet.
Pursuant to NY Public Officers Law §87(2)(a) and NYC Charter § 557(g), an autopsy report and the same
photograph of the head and exposed chest of victim James Parker has been redacted in almost their entirety.
No additional records were located including recorded witness statements, communications between the
NYPD and FBI, FBI reports, audio surveillance records, 911 reports and recordings, radio runs i.e. radio
communications, SPRINT reports, stolen vehicle reports or property receipts, physical evidence vouchers.
108* 113*
Property Clerk Division reports, command logs at the and precincts. line up reports. warrant
investigation records, intelligence records, transcriptions of conversations. affidavits, attorney communications.
material witness orders, etc.
You must be logged into Open Records under the credential of the requester of record in order to view the
record(s).
The New York City Police Department (NYPD) has responded to your FOIL request FOll-2021-056-10444
with the following file(s).
The file(s) listed below will not be publicly available on the OpenRecords portal.
" Latent Print File 1: Redacted LPS 2527C-1980.pdf
" Crime Scene File 3b: Redacted Adobe Cold Case Photos CSU 1980-
29971 Legal Aid Society CSU 80 2997-Part 2.pdf
" Crime Scene File 1: Binder for CSU 1980 2997B Redacted.pdf
" Squad Folder Part 1: LEGAL AID SOCIETY 108TH DET. FILE E 2 BINDER-
redline and unrelated Redacted.pdf
" Squad Folder Part 2: LEGAL AID SOCIETY 108T11 DET. FILE 1 BINDER-
redline and unrelated - Copy Redacted.pdf f
" Crime Scene File 2: Binderl Redacted CSU 1980 2997A.pdf
" Latent Print File 2: Redacted LPS 2596-1980 PAST IIOMICIDE 1980-113-11772.pd f
" Crime Scene File 3a: Redacted Adobe Cold Case Photos CSU 1980-
29971 Legal Aid Society CSU 80 2997 - Part 1.pdf
Please visit FOll-2021-056-10444 to view additional information and take any necessary action.
2
FILED: DUTCHESS
NEW YORK COUNTY CLERK 06/11/2024
06/01/2023 10:18
04:49 PM INDEX
INDEXNO.
NO.152896/2023
2024-52427
NYSCEF DOC. NO. 8
23 RECEIVED NYSCEF: 06/11/2024
06/01/2023
You may appeal this decision or any portion thereof. Such an appeal must be made in writing, within 30
days of the date of this letter, and must be forwarded to: Sergeant Jordan Mazur, Records Access Appeals Officer.
New York City Police Department, One Police Plaza, Room 1406A, New York, N.Y. 10038 or
foilappeals@nypd.org. Please include copies of the FOIL request and this letter with your appeal.
3
Preview
FILED: DUTCHESS COUNTY CLERK 06/11/2024 10:18 PM INDEX NO. 2024-52427 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 06/11/2024 EXHIBIT 4 FILED: DUTCHESS NEW YORK COUNTY CLERK 06/11/2024 06/01/2023 10:18 04:49 PM INDEX INDEXNO. NO.152896/2023 2024-52427 NYSCEF DOC. NO. 8 23 RECEIVED NYSCEF: 06/11/2024 06/01/2023 EXHIBIT 5 FILED: DUTCHESS NEW YORK COUNTY CLERK 06/11/2024 06/01/2023 10:18 04:49 PM INDEX INDEXNO. NO.152896/2023 2024-52427 NYSCEF DOC. NO. 8 23 RECEIVED NYSCEF: 06/11/2024 06/01/2023 MOORE, LESA From: donotreply@records.nyc.gov Sent: Thursday, June 1, 2023 4:30 PM To: clbella@legal-aid.org Subject: [OpenRecords] Request FOll-2021-056-10444 Cosed CAUTION! EXTERNAl. SENI)ER STOP WHEN UNSURE. Never click on links or open attachments if sender is unknown, and never provide user ID or password. Suspicious? Please report to this email address: reportphishing@nypd.org The New York City Police Department (NYPD) has closed your FOIL request FOJb2021-056-10444 for the following reasons: " Your request under the Freedom of Information Law (FOIL) has been fulfilled and the documents you requested have been emailed to you. You may appeal the decision to deny access to material that was redacted in part or withheld in entirety by contacting the agency's FOIL Appeals Officer: foilappealsû/nyod.orn within 30 days. 1 FILED: DUTCHESS NEW YORK COUNTY CLERK 06/11/2024 06/01/2023 10:18 04:49 PM INDEX INDEXNO. NO.152896/2023 2024-52427 NYSCEF DOC. NO. 8 23 RECEIVED NYSCEF: 06/11/2024 06/01/2023 MOORE, LESA From: donotreply@records.nyc.gov Sent: Thursday, June 1, 2023 4:27 PM To: clbella@legal-aid.org Subject: Response Added to FOll-2021-056-10444 - File [OpenRecords] CALiTION! EXTERNAL \l SENDER STOP WHEN t:NSURE. RE. Never click on links or open attachments if sender is unknown. and never provide user ID or password. Suspicious? Please report to this email address: reportphishing@nypd.org This is in further response to your letter dated July 09, 2021, in which you request access to certain records pursuant to the New York State Freedom of Information Law (FOIL). By letter dated November 29, 2022, the Records Access Appeals Officer stated that your appeal was premature because a determination had not been issued by the Record Access Officer. The decision is contained herein. A diligent search is complete for records related to complaint numbers 1980-108-8200 (for victim Karen Sheets) and 1980-1 13-11772 (for Parker) victim James at the locations where the records sought would have been 108gh 113th reasonably located including the Detective Squad, Detective Squad. Criminal Records Section. Latent Division,108th 113'h Print Section, Property Clerk Precinct, and the Precinct. No documents were found by the 108th 108th 113th Detective Squad, Criminal Records Section, Property Clerk Division, PreCinCt, Or the Precinct. A total of482 pages responsive records have been located. Those pages are being released including: (1) 185 pages from the Latent Print Section files 2596 and 2527 - of fingerprints scans, print card pages. consisting Latent Fingerprint Reports, Complaint Follow-Up Informational, Request for Latent Print Comparisons. Case Notes Analysis Worksheets, Peer Review Worksheets, Performance Verifications, LPS Case File Chain Of Custody Supplemental, LPS Case Notes Worksheets, MBIS Search Records, LPS Report of Examinations. Case Documentation Index, Email, Memorandums, folder cover-pages, and SAFIS Latent Case Entry Processing Forms; (2) 45 pages of photographs along with Crime Scene Unit Sheet reports and Forensic reports are being released from the CrimeUnit Scene folders 2997A, 2997B, and 2997; and (3) 252 pages are released from the 113th 108th investigatory squad file from the precinct Detective Squad; please note that portions of the Precinct 113th detective squad folder were located within the Precinct detective squad folder; the records released include detective memorandums, newspaper articles, Homicide Data Sheet, Assistant District Attorney memorandum. Mugshot of the Petitioner's client, Original Case Report, Complaint Follow-up Reports. Vehicle Search Results. Unusual Occurrence Reports, Complaint Report, Missing/Unidentified Person Report, Index Sheet, blank Index. blank Investigation Plan, envelopes, folder cover-pages, photographs, handwritten notes from loose paper and detective's notebook - 19 pages from the Detective's notebook appear to be unrelated to the approximately present case, but nevertheless released for your review. Due to the faded quality of some 40 year old pages. better resolutions could not be produced for a few pages. Pursuant to NY Public Officers Law §§87(2)(b), 89(2)(b), and 87(2)(f) redactions have been made to the records to protect the personal privacy and life and safety of the surviving family members of the deceased victims, the testifying and non-testifying witnesses, and third parties identified during the double homicide victims' investigation. The identifying information redacted includes the victims dates of births. license plate numbers. 1 FILED: DUTCHESS NEW YORK COUNTY CLERK 06/11/2024 06/01/2023 10:18 04:49 PM INDEX INDEXNO. NO.152896/2023 2024-52427 NYSCEF DOC. NO. 8 23 RECEIVED NYSCEF: 06/11/2024 06/01/2023 vehicle registration numbers, former home addresses, NYSID and FBI numbers, and 8 photos of the body of the deceased victim, Karen Sheets, and one photo of the face and exposed chest of the deceased victim. James Parker. Also redacted are the names of non-testifying witnesses/suspects, and home addresses. identifying familial relationships, gender, telephone numbers, business telephone numbers, license plate numbers. dates of births, work titles, sealed and unsealed criminal arrest histories, NYSID and FBI numbers. mugshots and rap sheets of persons other than Petitioner's client, social security numbers, inmate numbers, inmate visitor's information, other identifying/safety information, etc.. of non-testifying witnesses, testifying witnesses and third parties whose information was identified during the law enforcement investigation. Pursuant to NY Public Officers Law §§87(2)(e)(iii) and (e)(iv), one sentence has also been redacted because it contains confidential and non-routine information. Pursuant to NY Public Officers Law §87(2)(a) and NY Criminal Procedure Law § 160.50. 27 pages have also been redacted in almost their entirety because they contain sealed arrest history of persons other than Petitioner's client. Several ofthose same records are also barred from release pursuant to NY Public Officers Law §87(2)(a) and NYC Executive Law § 837(8) and 9 N.Y.C.R.R. 6150.4 (b) as rap sheets of persons other than Petitioner's client are exempt from disclosure to anyone other than the subject of the rap sheet. Pursuant to NY Public Officers Law §87(2)(a) and NYC Charter § 557(g), an autopsy report and the same photograph of the head and exposed chest of victim James Parker has been redacted in almost their entirety. No additional records were located including recorded witness statements, communications between the NYPD and FBI, FBI reports, audio surveillance records, 911 reports and recordings, radio runs i.e. radio communications, SPRINT reports, stolen vehicle reports or property receipts, physical evidence vouchers. 108* 113* Property Clerk Division reports, command logs at the and precincts. line up reports. warrant investigation records, intelligence records, transcriptions of conversations. affidavits, attorney communications. material witness orders, etc. You must be logged into Open Records under the credential of the requester of record in order to view the record(s). The New York City Police Department (NYPD) has responded to your FOIL request FOll-2021-056-10444 with the following file(s). The file(s) listed below will not be publicly available on the OpenRecords portal. " Latent Print File 1: Redacted LPS 2527C-1980.pdf " Crime Scene File 3b: Redacted Adobe Cold Case Photos CSU 1980- 29971 Legal Aid Society CSU 80 2997-Part 2.pdf " Crime Scene File 1: Binder for CSU 1980 2997B Redacted.pdf " Squad Folder Part 1: LEGAL AID SOCIETY 108TH DET. FILE E 2 BINDER- redline and unrelated Redacted.pdf " Squad Folder Part 2: LEGAL AID SOCIETY 108T11 DET. FILE 1 BINDER- redline and unrelated - Copy Redacted.pdf f " Crime Scene File 2: Binderl Redacted CSU 1980 2997A.pdf " Latent Print File 2: Redacted LPS 2596-1980 PAST IIOMICIDE 1980-113-11772.pd f " Crime Scene File 3a: Redacted Adobe Cold Case Photos CSU 1980- 29971 Legal Aid Society CSU 80 2997 - Part 1.pdf Please visit FOll-2021-056-10444 to view additional information and take any necessary action. 2 FILED: DUTCHESS NEW YORK COUNTY CLERK 06/11/2024 06/01/2023 10:18 04:49 PM INDEX INDEXNO. NO.152896/2023 2024-52427 NYSCEF DOC. NO. 8 23 RECEIVED NYSCEF: 06/11/2024 06/01/2023 You may appeal this decision or any portion thereof. Such an appeal must be made in writing, within 30 days of the date of this letter, and must be forwarded to: Sergeant Jordan Mazur, Records Access Appeals Officer. New York City Police Department, One Police Plaza, Room 1406A, New York, N.Y. 10038 or foilappeals@nypd.org. Please include copies of the FOIL request and this letter with your appeal. 3