Toxicology Report
| Tracking # |
2018-0728 |
| Submitted | March 3, 2018 |
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Communications
From: Robert Havay
To Whom It May Concern:
Pursuant to Pennsylvania Right to Know Act, I hereby request the following records:
Toxicology report of Marc Joseph Havay. Discovered by Bloomsburg Police Department in the parking lot on or about 10/19/2017.
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,
Robert Havay
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Right to Know request, copied below, and originally submitted on March 3, 2018. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From:
Mr. Havay or others to Whom It May Concern,
In response to the Right to Know request sent to the Columbia County Coroner's Office dated March 7th, 2018 and received by my office today March 12, 2018 please find the View of Body document regarding the death of Marc Havay. If you are requesting the toxicology report then I will need to additional time to consult with my legal advisors as the toxicology report is not a document of public record as it potentially contains sensitive health information.
If you would like to discuss this investigation and your request further please contact my office at the number below.
Respectfully,
Jeremy R. Reese
Jeremy R. Reese
Columbia County Coroner
PO Box 380 Bloomsburg PA 17815
Office Phone: 570-458-4499
Email: coroner@columbiapa.org
From: Muckrock Staff
Hello there,
This request was initially mailed to your office on March 7, 2018. Could you please provide confirmation that it has been received?
Thanks so much for your time and help.
_________________________________
To Whom It May Concern:
Pursuant to Pennsylvania Right to Know Act, I hereby request the following records:
Toxicology report of Marc Joseph Havay. Discovered by Bloomsburg Police Department in the parking lot on or about 10/19/2017.
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,
Robert Havay
From: Coroner's Office
I responded to the request via email on Monday March 12th, 2018 with the attached files.
Jeremy Reese
Jeremy R. Reese
Columbia County Coroner
PO Box 380 Bloomsburg PA 17815
Office Phone: 570-458-4499
Email: coroner@columbiapa.org
From: Robert Havay
I read these emails several things and I am still confused regarding your position. First these two requests made on two different dates (Autopsy & Toxicology) are meant to be two separate inquiries under the RTKL. Please help me understand your position. I hope you are not combining the two and calling this complete. Or are you stating the Toxicology is open pending advice from your legal council? Can you clarify the exact status of each request?
Thank you
Robert
From: Coroner's Office
Mr. Havay,
My position is this, the toxicology report and the autopsy report are both records that are not covered under Right To Know Law and thus I will not be releasing either through the requests provided.
The contents of these reports are only shared with the legal Next of Kin of the decedent, which in this case has been established as his Mother, as they contain sensitive information.
Thanks,
Jeremy
Jeremy R. Reese
Columbia County Coroner
PO Box 380 Bloomsburg PA 17815
Office Phone: 570-458-4499
Email: coroner@columbiapa.org
From: Robert Havay
This shall serve as formal notice I am appealing the Coroner’s decision. The PA state Supreme Court ruled that autopsy reports are public records. In a 5-1 decision, the state's top court overturned a lower court ruling and wrote that under the state's Coroner's Act autopsy reports should be considered "official records and papers" and made available to the public.
Under the Right to Know Law, all government records in the possession of a Commonwealth or Local Agency are presumed to be accessible by the public. The Toxicology report is covered under this ruling.
Please be advised the Autopsy and Toxicology are two separate reports the Coroner cannot submit the Autopsy cover sheet and call both request completed.
From: Robert Havay
I filed an appeal. I do not believe the Coroner can ignore my appeal.
Nor I do I accept the Coroner can make a final decision on an appeal regarding his own Office.
Thank you
Robert
From: Coroner's Office
This correspondence is being resent to correct the email address for the Requester.
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