Fort Wayne protests 2020 (Allen County Prosecutor's Office)

Caroline Haskins filed this request with the Allen County Prosecutor's Office of Allen County, IN.
Multi Request Fort Wayne protests 2020
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Completed

Communications

From: Caroline Haskins


To Whom It May Concern:

Pursuant to the Indiana Access to Public Records Act, I hereby request the following records:

I am hereby requesting the following records relating to arrests during protests of summer 2020 (https://wpta21.com/2020/06/15/fort-wayne-police-arrest-several-people-for-rioting-during-protest-monday/):

* Arrest records and arrest reports from the year 2020 relating to the following individuals:
A)Natalie Lackey F/W DOB 6-27-2001
B) Jorge Oliva M/H DOB 3-27-94 (charges: Obstruction of Traffic, Resisting LE)
C) Demetrius Griffin M/B DOB 1-14-2000 (charges: Criminal Mischief, Obstruction of Traffic)
D) Thomas Manning M/B DOB 12-27-2000 (charges: Criminal Mischief, Disorderly Conduct)
E) Courtenay Willis M/B DOB 9-27-1998 (charges: Obstruction of Traffic X’s 2, Criminal Mischief, Resisting LE)

* Any digital communications including but not limited to emails and text messages) as well as documents, (including but not limited to PDF, word processing, excel, and slide documents) that mention the following names: "Jorge Olivia" or "Olivia, Jorge" or "Demetrius Griffin" or "Griffin, Demetrius" or "Thomas Manning" or "Manning, Thomas" or "Courtenay Willis" or "Willis, Courtenay" -- please limit the time range of this search from May 25, 2020 to the time that this request is processed.

* Any arrest records and arrest reports that mention "Clearview" or "Clearview AI" or "Clearview A.I." Please limit the time range of this search from May 25, 2020 to September 1, 2020.

I am also hereby requesting the following records that relate to Clearview AI, a facial recognition software:

* Any contracts, purchase, orders, invoices, and receipts related to Clearview AI.

* All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of Clearview AI. This includes A) any notes taken during meetings that discussed the use of Clearview AI, B) any explanations (whether internally or externally generated) of how Clearview AI, and C) any other document that has been used to help explain the use of Clearview AI to any party, including internal documentation, public relations materials, and executive summaries.

* Any digital communications including but not limited to emails and text messages) as well as documents, (including but not limited to PDF, word processing, excel, and slide documents) that mention "Clearview" or "Clearview AI" or "Clearview A.I." Please limit the time range of this search from May 25, 2020 to the time that this request is processed.

The requested documents will be made available to the general public in the process of reporting for BuzzFeed News, and this request is not being made for commercial purposes. Therefore, I hereby request that all fees are waived in the processing of this request.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.

Sincerely,

Caroline Haskins

From: Allen County Prosecutor's Office

Dear Ms. Haskins:

Your request for access to public records has been given to me for a response. The Office of the Prosecuting Attorney does not maintain records of misdemeanor arrests. The records you seek would be maintained by the Allen Superior Court, Misdemeanor and Traffic Division, the Fort Wayne Police Department, or both. Please take note that police reports regarding arrests are investigatory records of law enforcement agencies, which need not be disclosed to the public pursuant to Indiana Code subsection 5-14-3-4(b)(1).

Any e-mail communications mentioning the specified names of persons, if possessed by the Office of the Prosecuting Attorney, would be maintained by the information technology department of this office. I will inquire whether any such communications exist and, if so, what would be the cost of providing copies of them to you. In this regard, after examining Indiana Code section 5-14-3-8 on copying fees for public records, I do not find that it provides for a waiver of copying costs other than a discretionary waiver for providing copies to a governmental agency.

Any text messages or documents mentioning the specified names of persons should be known to the deputy prosecutor in charge of the misdemeanor and traffic section of this office. I have left him a voicemail asking if such text messages or documents exist.

Any publicly available information regarding facial recognition software used in investigating the incidents in question should be available from the agency that investigated the incidents (the Fort Wayne Police Department).

I will send you a supplemental response to your request, regarding e-mail, text messages, and documents, on or before December 7, 2020.

David McClamrock, DPA
Allen County Prosecuting Attorney's Office

From: Caroline Haskins

Great, thank you very much! Let me know if I can be of any help.

From: Allen County Prosecutor's Office

Dear Ms. Haskins:

I have now, I believe, obtained copies of all records related to your request except for the text messages. If I do not receive copies of the texts soon, I will remind the deputy prosecutor who has them to send them to me.

There are several copies of plea offers tendered to defendants Willis, Manning, and Griffin. Court records indicate that defendants Manning and Griffin have failed to appear in connection with their cases, and no action has been taken on their plea offers. Defendant Willis has entered pleas of guilty in his cases, and you may prefer to obtain copies of the completed plea agreements from the court. It appears that all charges against defendant Oliva were dismissed, and we have no record of any plea offers tendered to him. In accordance with Rule 3.6(d)(2) of the Indiana Rules of Professional Conduct, it is necessary to emphasize that the existence of plea offers does not indicate any belief that the defendants may actually decide to plead guilty.

From: Caroline Haskins

Great!! Thank you. Also, thank you for noting that.

Can you pass along the documents today?

From: Caroline Haskins

Great!! Thank you. Also, thank you for noting that.

Can you pass along the documents today?

From: Caroline Haskins

Great!! Thank you. Also, thank you for noting that.

Can you pass along the documents today?

From: Caroline Haskins

Great!! Thank you. Also, thank you for noting that.

Can you pass along the documents today?

From: Allen County Prosecutor's Office

Sorry for the delay--the e-mail program I'm using is too aggressive in sending messages to the junk folder, where I just discovered yours. Here are copies of the plea offers, which have already been disclosed to the defendants' attorneys.

David McClamrock, DPA
Allen County Prosecuting Attorney's Office

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