Request re Lindsay Marie Harris (Illinois State Police)

Nik Hatziefstathiou filed this request with the Illinois State Police of Illinois.
Multi Request Request re Lindsay Marie Harris
Status
Rejected

Communications

From: Nik Hatziefstathiou

To Whom It May Concern:

Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:

AtNight Media (formerly Original Media Group) requests material related to Lindsay Marie Harris (the “Request”).

Harris, (September 3, 1983 - May 2005), was a young woman whose dismembered legs were found in a wooded area near Interstate 55 in 2005. She was identified 3 years later. On May 4, 2005, Harris disappeared from her home in Henderson, Nevada. On May 23, 2005, a group of children discovered human legs nearby Interstate 55 in Divernon, Illinois. In May 2008, the FBI was able to match the DNA of the unidentified woman that was sent in by Illinois authorities to Harris' DNA sent in by authorities in Henderson.

1. Request.

1.1. Notes, photos, video or audio recordings gathered during the course of the investigation.
1.2. Crime scene photographs.

2. Documents.
2.1. Any memos, documents, and reports, relating to the investigation into Lindsay’s murder and subsequent discovery.
2.2. Tips received relating to the investigation into Lindsay’s murder and subsequent discovery.
2.3. Witness statements (with necessary redactions to ensure privacy).

AtNight Media is a representative of the news media and is primarily engaged in the dissemination of information to the public.

If this request is unclear, please contact me to allow revisions rather than deny the request. Similarly, if the requested data are available only in part, please fulfill the portion of the request that is available rather than denying it in full. For example, notes or reports are available/subject to release but personal identifying information are not, reply with the report summary and omit sensitive information.

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,

Nik Hatziefstathiou

From: Illinois State Police

The Illinois State Police (ISP) acknowledges receipt of your attached Freedom of Information Act (FOIA) request. A response to your request is due July 28th, 2023. However, additional time is needed to respond to your request. In accordance with Section 3(e) of FOIA (5 ILCS 140/3(e)), ISP is extending the response due date for an additional five days for the following reasons:

The requested records are stored in whole or in part at another location.

The request requires the collection of a substantial number of records.

The request is stated in categorical terms and requires an extensive search for the records requested.

X The requested records have not yet been located and additional time is needed to complete the search.

X The requested records require examination and evaluation to determine if the documents are exempt from disclosure and/or must be redacted.

X The requested records cannot be provided within the prescribed time frame without causing an undue burden or interfering with the operation of ISP.

Consultation is needed with another public body in order to respond to the request.

ISP handles requests for video records separately. Depending on the records you requested, you may receive additional correspondence for either video or paper and audio records.

Sincerely,

Illinois State Police
Freedom of Information Act Unit

From: Illinois State Police

The Illinois State Police (ISP) acknowledges receipt of your attached Freedom of Information Act (FOIA) request. A response to your request is due July 28th, 2023. However, additional time is needed to respond to your request. In accordance with Section 3(e) of FOIA (5 ILCS 140/3(e)), ISP is extending the response due date for an additional five days for the following reasons:

The requested records are stored in whole or in part at another location.

The request requires the collection of a substantial number of records.

The request is stated in categorical terms and requires an extensive search for the records requested.

X The requested records have not yet been located and additional time is needed to complete the search.

X The requested records require examination and evaluation to determine if the documents are exempt from disclosure and/or must be redacted.

X The requested records cannot be provided within the prescribed time frame without causing an undue burden or interfering with the operation of ISP.

Consultation is needed with another public body in order to respond to the request.

ISP handles requests for video records separately. Depending on the records you requested, you may receive additional correspondence for either video or paper and audio records.

Sincerely,

Illinois State Police
Freedom of Information Act Unit

From: Illinois State Police

Thank you for writing the Illinois State Police (ISP) with your request for information pursuant to the Freedom of Information Act (FOIA), 5 ILCS 140/1, et seq. ISP acknowledges receipt of your attached FOIA request dated July 20, 2023. A reasonable search for the requested records was conducted.

ISP is denying your request for the reasons outlined below:

Section 7(1)(d)(vii) of FOIA

“Subject to this requirement, the following shall be exempt from inspection and copying:
(d) Records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would:
(vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request.” (5 ILCS 140/7(1)(d)(vii)).

This is an ongoing cold-case death investigation. Any release of additional information at this time would potentially compromise any future criminal proceedings, should they be initiated against a defendant(s). Moreover, the untimely, unmanaged release of information to the public might further hinder continued investigative efforts.

You are welcome to re-submit your request for records at a later date when information surrounding this incident is available for release.

You have the right to review by the Public Access Counselor (PAC) in the Office of the Attorney General (5 ILCS 140/9.5(a)). You may reach the PAC at:

500 S. 2nd Street
Springfield, Illinois 62701
(877) 299-3642
public.access@ilag.gov

You also have the right to judicial review under 5 ILCS 140/11.

Sincerely,

Illinois State Police
Freedom of Information Unit
Sarah Wheeler – FOIA Officer

From: Illinois State Police

Thank you for writing the Illinois State Police (ISP) with your request for information pursuant to the Freedom of Information Act (FOIA), 5 ILCS 140/1, et seq. ISP acknowledges receipt of your attached FOIA request dated July 20, 2023. A reasonable search for the requested records was conducted.

ISP is denying your request for the reasons outlined below:

Section 7(1)(d)(vii) of FOIA

“Subject to this requirement, the following shall be exempt from inspection and copying:
(d) Records in the possession of any public body created in the course of administrative enforcement proceedings, and any law enforcement or correctional agency for law enforcement purposes, but only to the extent that disclosure would:
(vii) obstruct an ongoing criminal investigation by the agency that is the recipient of the request.” (5 ILCS 140/7(1)(d)(vii)).

This is an ongoing cold-case death investigation. Any release of additional information at this time would potentially compromise any future criminal proceedings, should they be initiated against a defendant(s). Moreover, the untimely, unmanaged release of information to the public might further hinder continued investigative efforts.

You are welcome to re-submit your request for records at a later date when information surrounding this incident is available for release.

You have the right to review by the Public Access Counselor (PAC) in the Office of the Attorney General (5 ILCS 140/9.5(a)). You may reach the PAC at:

500 S. 2nd Street
Springfield, Illinois 62701
(877) 299-3642
public.access@ilag.gov

You also have the right to judicial review under 5 ILCS 140/11.

Sincerely,

Illinois State Police
Freedom of Information Unit
Sarah Wheeler – FOIA Officer

From: Nik Hatziefstathiou

The police report will not jeopardize any on-going investigation. Rather than deny the request in whole, why not in part?

From: Illinois State Police

Good morning,

A response to FOIA #05929435 was sent to the e-mail with the request of requests@muckrock.com on August 4th, 2023 at 8:48AM CST. Please refer to that e-mail for a reply to your request.

A response to FOIA #05929436 was sent to the e-mail with the request of requests@muckrock.com on August 4th, 2023 at 8:51AM CST. Please refer to that e-mail for a reply to your request.

Respectfully,

Illinois State Police
FOIA Office

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