Terrence Bowers (Sheriff)

Anne filed this request with the Sheriff of Chester County, PA.
Multi Request Terrence Bowers
Submitted April 8, 2019
Status
Rejected

Communications

From: Anne

Subject: Pennsylvania Right to Know Act Request: Terrence Bowers (Sheriff)

Fax


To Whom It May Concern:

Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records:

Any documents and files relating to the homicide investigation of:
Terrence Bowers, April 26, 1970.
Chester County, Pennsylvania.

Including, but not limited to: (redacted if necessary)
Incident report and homicide report.
Crime scene information
witness statements and interviews
polygraph reports
Autopsy and any other medical reports
Investigation reports
Evidence information including any photos
Any developments in the case since 1970

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 5 business days, as the statute requires.

Sincerely,

anna p

From: Treasurer

Subject: FW: RTK received 4/9/19 - Homicide Investigation of Terrence Bowers, 4/26/1970

Email

April 16, 2019

MuckRock News

Attention: anna p

TO WHOM IT MAY CONCERN:

From: Sheriff

Subject: FW: RTK received 4/9/19 - Homicide Investigation of Terrence Bowers, 4/26/1970

Email

May 1, 2019

Attention: anna p -

Today, 5/1/19, I received your follow up to your previous request of 4/8/19. The Open Records Office thirty (30) day extension letter is attached hereto, which was originally sent to you ono 4/16/19. This office will reply to your request on or before 5/15/19.

Sandra Warner
Open Records Office

From: Sheriff

Subject: anna p Muckrock RTK received 4/9/19 re T Bowers

Email

anna p:

On April 9, 2019, the Chester County Solicitor's Office received your request for information pursuant to the Pennsylvania Right to Know Law (RTKL), 65 P.S. § 67.101, et seq. Pursuant to Section 902(a) of the RTKL, we opted for an additional 30 days to respond because the extent and nature of your request precluded a response within five business days.

You have requested the following records pertaining to a homicide investigation of a Terrence Bowers.

1. Incident report and homicide report;

2. Crime scene information;

3. Witness statements and interviews;

4. Polygraph reports;

5. Autopsy and any other medical reports;

6. Investigation reports;

7. Evidence information including any photos;

8. Any developments in the case since 1970.

Your requests 1 - 4 and 6 - 8 are denied because the records you are seeking constitute criminal investigation records. These records are not subject to public access via the RTKL.

Investigative information is exempt from disclosure under Section 708(b)(16) of the RTKL as relating to or resulting in a criminal investigation. 65 P.S. § 67.708(b)(16). The applicable exemptions from disclosure include:

* Complaints of potential criminal conduct . . . . Section 708(b)(16)(i);

* Investigative materials, notes, correspondence, videos and reports. Section 708(b)(16)(ii);

* A record that, if disclosed, would reveal the institution, progress or result of a criminal investigation, except the filing of criminal charges. Section 708(b)(16)(vi)(A).

In regard to your request No. 5 for autopsy reports, § 708(b)(20) of the RTKL, exempts from disclosure "An autopsy record of a coroner or medical examiner and any audiotape of a postmortem examination or autopsy, or a copy, reproduction or facsimile of an autopsy report, a photograph, negative or print, including a photograph or videotape of the body or any portion of the body of a deceased person at the scene of death or in the course of a postmortem examination or autopsy taken or made by or caused to be taken or made by the coroner or medical examiner."

You have a right to appeal the denials of information contained in this correspondence in writing to the Pennsylvania Office of Open Records, 333 Market St., 16th Floor, Harrisburg, PA 17101-2234. Please consult the Pennsylvania Open Records Act for your appellate rights at 65 P.S. § 67.101 et seq., more specifically §1101(a)(1).

Thank you,

Kristen

Kristen K. Mayock, Esq.
Deputy Solicitor
The County of Chester
313 W. Market St., Suite 6702
West Chester, PA 19380
kmayock@chesco.org<mailto:kmayock@chesco.org>
www.chesco.org<http://www.chesco.org/>

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