Investigative Journalism Request - Unveiling the Truth: Records on Albert Fentress (FOIA)

Jordan Lassiter filed this request with the Dutchess County District Attorney of Dutchess County, NY.
Due July 26, 2023
Est. Completion March 15, 2024
Status
Awaiting Response

Communications

From: Jordan Lassiter

MuckRock News
DEPT MR 146407
263 Huntington Ave
Boston, MA 02115

Dutchess County District Attorney
Attn: FOIA Officer

Subject: Investigative Journalism Request - Unveiling the Truth: Records on Albert Fentress (FOIA)

Dear FOIA Officer,

Under the provisions of the Dutchess County Freedom of Information Act (FOIA) or any applicable state laws, I hereby request access to and copies of all records held by the Dutchess County District Attorney's Office pertaining to Albert Fentress.

I am an independent investigative journalist associated with TransparencyReport.pw, and I am conducting research on the history and activities of Albert Fentress. Albert Fentress is a convicted criminal who gained notoriety for his involvement in the abduction, rape, and murder of a college student in Poughkeepsie in the late 1980s. Fentress was arrested, tried, and convicted for these heinous crimes, and his case has been a subject of public interest and scrutiny for several years.

Additionally, there have been further allegations against Albert Fentress, including suspicions of involvement in other unsolved cases of a similar nature. These allegations have raised concerns within the community and have sparked discussions about the extent of Fentress's criminal activities. Therefore, I believe it is crucial to access the requested records to shed light on these allegations and provide a comprehensive understanding of the investigations conducted by the Dutchess County District Attorney's Office.

For the purpose of this request, the records I seek include, but are not limited to:

Arrest records and charging documents related to Albert Fentress.
Court records, including judgments, verdicts, and sentencing information.
Investigative documents, such as police reports, incident reports, and any other documents related to Albert Fentress.
Correspondence and communications, including emails, letters, memoranda, or any other written exchanges mentioning or involving Albert Fentress.
Any audio or visual recordings, such as interviews, interrogations, or surveillance footage related to Albert Fentress.
Any internal memos, policies, or guidelines concerning the handling of Albert Fentress's case.
Given the profound impact of Albert Fentress's crimes on the community and the ongoing interest in understanding the scope of his criminal activities, accessing these records will contribute significantly to the public's understanding of the operations and activities of the Dutchess County District Attorney's Office.

Should any portion of the requested records be deemed exempt from disclosure, I request the release of any reasonably segregable non-exempt portions in accordance with the applicable laws. If an entire document is exempt, I request a justification, citing specific exemptions under the relevant laws.

Please note your obligation under the law not to destroy any records potentially responsive to this request. Any withholding, redaction, or destruction of responsive records without proper justification constitutes a violation of the FOIA and is subject to litigation.

Enclosed is a letter requesting a fee waiver for the processing of this request. As an independent investigative journalist associated with TransparencyReport.pw, I firmly believe that the information I seek is in the public interest, and its disclosure will greatly contribute to public understanding of the operations or activities of the government.

If the enclosed waiver is not accepted and there are any potential charges associated with fulfilling my request, please inform me in advance.

As stipulated by the FOIA or applicable state laws, I look forward to your response within the legally mandated timeframe.

Thank you for your attention to this matter.

Sincerely,
Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu
Phone: +1 845-218-0299

Enclosure: Fee Waiver Request Letter

Please be aware: All communications related to this request, including incoming and outgoing communications, will be treated in accordance with the applicable laws and regulations. Additionally, any correspondence in relation to this request may be subject to public disclosure, as required by law. The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

From: Dutchess County District Attorney

Dear Mr. Lassiter,

Please see attached in reference to your FOIL request.
Best,

Amie

Amie M. Johnson
Senior Assistant District Attorney
Dutchess County District Attorney's Office
236 Main Street, Poughkeepsie, NY 12601
Office: (845) 486-2300| Fax: (845) 486-6506
ajohnson@dutchessny.gov

From: Dutchess County District Attorney

FROM THE DUTCHESS COUNTY DISTRICT ATTORNEY'S OFFICE REGARDING THE ABOVE.

Laurie Fricchione
Legal Secretary, Appeals Unit
Dutchess County District Attorney's Office
236 Main Street
Poughkeepsie, NY 12601
(845) 486-2329
lfricchione@dutchessny.gov<mailto:lfricchione@dutchessny.gov>

From: Dutchess County District Attorney

Dear Mr. Lassiter,

We have received your request and I've located the files on Albert Fentress. Due to the length and nature of his confinement, I am sifting through voluminous files—many of which I am finding are not relevant to your request.

I do believe we possess many of the documents you are looking for, though. I will provide you a detailed list of what we have available to turn over no later than October 13, 2023.

When the time comes, I can upload the documents to our discovery portal and send you an encrypted link and password if that is acceptable to you. Most prefer this method since it avoids any fees. Please feel free to reach out with any questions.

Kind regards,

Amie

Amie M. Johnson
Senior Assistant District Attorney
Dutchess County District Attorney's Office
236 Main Street, Poughkeepsie, NY 12601
Office: (845) 486-2300| Fax: (845) 486-6506
ajohnson@dutchessny.gov

From: Jordan Lassiter

Thank you

From: Dutchess County District Attorney

Good morning,

Thanks for following up on this. I am still in the process of inventorying the boxes of files on Fentress. Since this was an atypical murder case in which he is not jailed--but rather is being held under Criminal Procedure Law 330.20--his case comes back up every 2 years for review. This, in conjunction with the fact that he has been held for over 40 years, means that we have generated (and will continue to generate) an enormous amount of correspondence/communications on his case. My conservative estimate based on what I've seen so far would be 1000+ pages of communications.

I don't think I'll have any issue finding the other items you're requesting, but please let me know if there are specific communications you are seeking to help narrow the search. I will give you another update next week. I at least hope to have a list of all of the documents we have by 10/20/23 and then we can figure out which ones you'd like.

Have a good weekend,

Amie

Amie M. Johnson
Senior Assistant District Attorney
Dutchess County District Attorney's Office
236 Main Street, Poughkeepsie, NY 12601
Office: (845) 486-2300| Fax: (845) 486-6506
ajohnson@dutchessny.gov

From: Jordan Lassiter

Subject: Follow-up on FOIA Request - Case of Fentress

Dear Ms. Johnson,

I hope this email finds you well. Thank you for your prompt response and the information you provided regarding the status of my FOIA request for documents related to the case of Fentress.

I appreciate your dedication to reviewing the extensive communications and files associated with this atypical murder case. It's understandable that a case spanning over 40 years, coupled with the recurring reviews under Criminal Procedure Law 330.20, would result in a substantial volume of documentation.

I understand the challenges involved in navigating through such a vast amount of information. Your commitment to providing a comprehensive list of documents by 10/20/23 is duly noted, and I eagerly anticipate the update.

Thank you for your continued efforts, and I look forward to hearing from you next week.

Best regards,

Jordan Lassiter

From: Jordan Lassiter

To Whom It May Concern:

I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on July 19, 2023. You had previously indicated that it would be completed on Oct. 13, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date.

Thanks for your help, and let me know if further clarification is needed.

From: Jordan Lassiter

Subject: Urgent Compliance Required for Freedom of Information Act (FOIA) Request by 02/30/2024

Dear FOIA Officer,

I am writing to express my serious concerns regarding the non-compliance with my Freedom of Information Act (FOIA) request dated July 19, 2023, related to records on Albert Fentress. The delay in providing the requested information appears to be in violation of the FOIA guidelines.

As mandated by the Freedom of Information Act, agencies are generally required to respond to a FOIA request within 20 working days of receipt, as per 5 U.S.C. § 552(a)(6)(A). The ongoing delay in fulfilling this request is inconsistent with these statutory requirements.

Drawing upon legal precedents like "NLRB v. Sears, Roebuck & Co.," 421 U.S. 132 (1975), which emphasize the importance of adhering to FOIA deadlines, I urge your office to provide the requested information promptly.

To avoid potential legal action, where a court might compel compliance and possibly award legal costs and attorney’s fees as outlined in 5 U.S.C. § 552(a)(4)(E), I request that the documents be provided no later than February 30, 2024.

I hope this matter can be resolved amicably and swiftly, and I look forward to your prompt response and the release of the requested records.

Sincerely,

Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu

From: Dutchess County District Attorney

Good afternoon,

We are still working on getting responsive documents to you regarding the Albert Fentress case. I am currently out of the office, but I will have an update for you by the end of next week.

We've sorted through almost all of the files at this point, so I do not anticipate this taking much longer. I appreciate your patience and understanding throughout this process.

Kind regards,

Amie

Amie M. Johnson
Senior Assistant District Attorney
Dutchess County District Attorney's Office
236 Main Street, Poughkeepsie, NY 12601
Office: (845) 486-2300| Fax: (845) 486-6506
ajohnson@dutchessny.gov

From: Dutchess County District Attorney

Good afternoon,

I have finished going through all of the DA’s files on Albert Fentress. I will provide a written response next week outlining what I am turning over and what items I have to withhold (with a full explanation as to why). I believe we can turn over most everything you requested, though.

My plan to is upload everything to the portal you provided by March 15, 2024. I’ll let you know if anything changes.
Best,

Amie

Get Outlook for iOS<https://aka.ms/o0ukef>

From: Dutchess County District Attorney

Good afternoon,

I am sorting through the responsive materials I've gathered and will hopefully be able to upload what I've found by the end of this week.

Thanks,

Amie

Amie M. Johnson

Senior Assistant District Attorney

Appeals Unit

Dutchess County District Attorney's Office

236 Main Street, Poughkeepsie, NY 12601

(845) 486-2300<tel:(845)%20486-2300> fax (845) 486-2344<tel:(845)%20486-2344>

ajohnson@dutchessny.gov<mailto:ajohnson@dutchessny.gov>

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