Police Records Request

Hayden Hodges filed this request with the Graves County Sheriff's Office of Graves County, KY .
Status
Completed

Communications

From: Hayden Hodges

To Whom It May Concern:

Pursuant to the Kentucky Open Records Act "Ky.Rev.Stat..Ann. 61.870 to.884", I hereby request the following records:

I request the police report regarding the below-listed incident.

I also request all body-worn camera videos of the below-listed incident.

Incident Details:
Incident Date: 03/20/2021
Suspect Name: Zoe Boatright or Zoe Boatwright
Charge: Driving Under The Influence

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.

This request has been mailed. Please provide your response digitally with the email address on this request. Please be sure to enter the email address exactly as it is shown, as I will not receive your response if it is entered incorrectly.

Please do not mail anything to the address listed on this request. This request was submitted via a request tracking service. Please advise me if you need to mail a document via email, and I will provide you with the address to do so.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within three days of your receipt of this letter, as required by the Kentucky Open Records Act.

Respectfully Submitted,

Mr. Hayden Hodges

From: Graves County Sheriff's Office

Attached are citation and a copy of KRS 189A.100. Please let me know if you
receive this.

Jeremy K. Prince

Chief Deputy

Graves County Sheriff's Office

101 East South Street Suite 3

Mayfield, KY 42066

Office: 270-247-4501

Direct Line: 270-248-7516

Fax: 270-247-7674

"What does it profit a man to gain the whole world and lose his soul?" Mark
8:36

From: Hayden Hodges

Good Afternoon Mr. Prince:

Thank you for your email. KRS 61.168(2) permits disclosure of body-worn camera video upon request unless it meets a certain requirement within the statute.

Additionally, not all parts of the video are exempt from disclosure, even though one part may be.

Pursuant to KRS 61.878(4), the FST video may need to be redacted, but that does not automatically exempt the other parts of the video (booking, transport, etc).

Please provide the redacted video pursuant to the aforementioned statute.

Sincerely,
Mr. Hayden Hodges

From: Graves County Sheriff's Office

Per County Attorney John Cunningham this case is also part of an open criminal investigation and the body camera video is exempt from open records request at this time.

Jeremy K. Prince
Chief Deputy Sheriff
Graves County Sheriff's Office

From: Hayden Hodges

Good Afternoon,

I have reviewed the exemptions that are permitted pursuant to the Kentucky Open Records Act. However, there is no exemption for an active criminal investigation, unless there is litigation against an agency. Please provide the section of the statue if you believe otherwise.

Please provide the requested records. I will file an appeal with the Attorney General if you either do not provide records or present a valid statute exempting them from disclosure.

Respectfully,
Mr. Hayden Hodges

From: Graves County Sheriff's Office

April 20, 2021

Per the Graves County Attorney, we are again citing KRS 189A.100 as well as
KRS 61.878 (1) (h) for not releasing the body camera footage. Also, KRS
61.168 (6) (c) also specifically states nothing in this section or KRS
61.169 shall be interpreted to override any provision related to the
provisions of KRS 189A.100. If you feel you need to appeal this decision
you can contact the Kentucky Attorney General's Office.

Jeremy K. Prince

Chief Deputy

Graves County Sheriff's Office

101 East South Street Suite 3

Mayfield, KY 42066

Office: 270-247-4501

Direct Line: 270-248-7516

Fax: 270-247-7674

"What does it profit a man to gain the whole world and lose his soul?" Mark
8:36

From: Hayden Hodges

To Whom It May Concern:

I hereby appeal the action of Jeremy Prince (herein referred to as "Mr. Prince") of the Graves County Sheriff's Office on April 20th, 2021.

This appeal is made pursuant to the Kentucky Open Records Act.

Statement of Facts:

On April 13th, 2021, Mr. Hayden Hodges (herein referred to as "Mr. Hodges") filed an open records request with the Graves County Sheriff's Office for a police report and body-worn camera video regarding a DUI arrest.

On April 19th, 2021, Mr. Prince responded via email to Mr. Hodges and provided a copy of the police report regarding the incident and provided a copy of KRS 189A.100. On the same day, Mr. Hodges responded stating that the statute only covers field sobriety videos. It does not exempt the remaining parts of the incident (booking, transport, search, etc).

On April 19th, 2021, Mr. Prince responded to this correspondence and then stated that the department was withholding the records because of an active criminal investigation.

Statement of Appeal and Relief Requested:

I appeal the action of Mr. Prince for the following reasons.

Reason #1:

KRS 189A.100 only exempts field sobriety videos and not other parts of the video. Pursuant to KRS 61.878(4), the agency is required to provide other parts of a record, even if one part is exempt from disclosure.

Relief Requested #1:

I request that you find the department violated the law when they refused to produce the redacted video which does not contain the exempt information. The agency is required to produce these records pursuant to KRS 61.878(4).

Reason #2:

KRS 61.878(1)(h) only exempts criminal records that would "harm the agency by revealing the identity of informants not otherwise known or by premature release of information to be used in a prospective law enforcement action or administrative adjudication". The agency has not presented evidence to show that there are any informants for this case or if the release of the video would harm the agency.

Additionally, the records are not exempt from the other part of the statute because the law enforcement action at hand is not prospective because the charges have already been filed against the defendant. This statute does not exempt documents regarding an active court case.

Relief Requested #2:

I request that you find the department has no right to withhold the information requested under this statute because they have not presented sufficient evidence to show that the records are part of a "prospective law enforcement action or administrative adjudication".

I additionally request that you find the department violated the law when they refused to produce the redacted video.

Please be advised that pursuant to the Kentucky Open Records Act, I retain all rights to pursue litigation against the agency.

Please reply to this appeal as required by law.

Please acknowledge receipt of this appeal as required by law.

If you have any questions, please do not hesitate to contact the undersigned.

Respectfully Submitted,
Mr. Hayden Hodges

CC: Mr. Jeremy Prince (w/o enclosures)

Enclosures:
1 -- Communication Regarding Record Request
2 -- Police Report Regarding Incident

From: Hayden Hodges

Mr. Prince,

An appeal has been filed. You are hereby notified by the correspondence enclosed herein.

Sincerely,
Mr. Hayden Hodges

Appeal:

To Whom It May Concern:

I hereby appeal the action of Jeremy Prince (herein referred to as "Mr. Prince") of the Graves County Sheriff's Office on April 20th, 2021.

This appeal is made pursuant to the Kentucky Open Records Act.

Statement of Facts:

On April 13th, 2021, Mr. Hayden Hodges (herein referred to as "Mr. Hodges") filed an open records request with the Graves County Sheriff's Office for a police report and body-worn camera video regarding a DUI arrest.

On April 19th, 2021, Mr. Prince responded via email to Mr. Hodges and provided a copy of the police report regarding the incident and provided a copy of KRS 189A.100. On the same day, Mr. Hodges responded stating that the statute only covers field sobriety videos. It does not exempt the remaining parts of the incident (booking, transport, search, etc).

On April 19th, 2021, Mr. Prince responded to this correspondence and then stated that the department was withholding the records because of an active criminal investigation.

Statement of Appeal and Relief Requested:

I appeal the action of Mr. Prince for the following reasons.

Reason #1:

KRS 189A.100 only exempts field sobriety videos and not other parts of the video. Pursuant to KRS 61.878(4), the agency is required to provide other parts of a record, even if one part is exempt from disclosure.

Relief Requested #1:

I request that you find the department violated the law when they refused to produce the redacted video which does not contain the exempt information. The agency is required to produce these records pursuant to KRS 61.878(4).

Reason #2:

KRS 61.878(1)(h) only exempts criminal records that would "harm the agency by revealing the identity of informants not otherwise known or by premature release of information to be used in a prospective law enforcement action or administrative adjudication". The agency has not presented evidence to show that there are any informants for this case or if the release of the video would harm the agency.

Additionally, the records are not exempt from the other part of the statute because the law enforcement action at hand is not prospective because the charges have already been filed against the defendant. This statute does not exempt documents regarding an active court case.

Relief Requested #2:

I request that you find the department has no right to withhold the information requested under this statute because they have not presented sufficient evidence to show that the records are part of a "prospective law enforcement action or administrative adjudication".

I additionally request that you find the department violated the law when they refused to produce the redacted video.

Please be advised that pursuant to the Kentucky Open Records Act, I retain all rights to pursue litigation against the agency.

Please reply to this appeal as required by law.

Please acknowledge receipt of this appeal as required by law.

If you have any questions, please do not hesitate to contact the undersigned.

Respectfully Submitted,
Mr. Hayden Hodges

CC: Mr. Jeremy Prince (w/o enclosures)

Enclosures:
1 -- Communication Regarding Record Request
2 -- Police Report Regarding Incident

From: Hayden Hodges

Greetings,

Please confirm receipt of the aforementioned appeal.

Thank you.

Very Truly Yours,
Mr. Hayden Hodges

From: Graves County Sheriff's Office

All -

Please see the attachments.
Best,
Joseph

Joseph T. Fawns
Executive Advisor
Kentucky Office of the Attorney General
700 Capital Avenue, Suite 118
Frankfort, Kentucky 40601
502.696.5300

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