Additional request for documents no obtained from the original request for Police documents of the 1993 murder of 4 yr old Alicia K. Ruff

James Benish filed this request with the Kauai Police Department of Kauai County, HI.

It is a clone of this request.

Est. Completion None
Status
Fix Required

Communications

From: James Benish

TO: Kauai Police Department via: County of Kauai Public Information Office
Attention: Mary Daubert at: mdaubert@kauai.gov.___

FROM: Codefore Publishing

Contact Information
Codefore@aol.com (Jim Benish.)

Under the Hawaii Open Records Law § 91-1 et seq., I am requesting an opportunity to inspect or obtain copies of public records that are contained in Kauai PD Record file T-11828 dated. 07-28-1973.
If there are any fees for searching or copying these records, please inform me of the cost. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of the investigation into the Murder of Aleisea Kuuipo Tiua Lani Maliateza-Ruff and specifically additional information not included in previous requests.This infirmation is not intended for commercial use but is for reproduction by Codefore Publishing and specifically James Benish a representative of the News Media. The specific information is as follows:
1. The name(s) of who performed the record redaction on our previous request dated 1-22-2015.
2. Who, if anyone, made the final approval of the records request reply on the first reqest for information.
3. Provide a copy of KPD form 364 signed by the arrestee Aaron Schonlau
4. Provide a copy of any and all mental evaluations performed on Mr. Schonlau prior or after his arrest.
5. Provide written documentation of the alleged probable cause of his arrest.
6. Documentation of any and all physical evidence collected during the investigation of this murder.

If any or all of this request is denied or cannot be complied with , please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

The Hawaii Open Records Law requires a response time within ten business days. If access to the records I am requesting will take longer than ten days, please contact me with information about when I might expect copies or the ability to inspect the requested records.

Thank you for considering my request.

Sincerely,

JD Benish
Codefore@aol.com

From: Mary Daubert

Aloha Jim,
I am including Sarah Blane in this email as she handles this type of request.

Sincerely,
Mary

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 4, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Sarah Blane

Aloha Jim,

I have provided to you all publicly available documents ad information re. this case. As such, I am forwarding your communication to Nicholas Courson with our County Attorney’s Office for follow-up.

Mahalo,
Sarah

From: James Benish

Sara
Well if its the county attorney who is making the decisions, then that is good. I firmly disagree that the information I have requested has been provided and or that it is not public information. Since when are the names of the county employees or attorneys involved in this ongoing request not public information? If the other information does not exist, then so state it. But if it does it exist and according to your own Freedom of information act, I am entitled to know why the information has not been given to me. You and or your associates are refusing to abide by not only Hawaii law but Federal law. I am more than happy to discuss this with the County Attorney. Maybe he has a grasp on totality of this request.

From: Nicholas Courson

Aloha Mr. Benish,

Please find attached our Acknowledgement to Requester.

Nick Courson
Deputy County Attorney
4444 Rice Street, Suite 220
Lihue, Hawaii 96766
Email: ncourson@kauai.gov<mailto:ncourson@kauai.gov>
Office: (808) 241-4930
Fax: (808) 241-6319

From: Nicholas Courson

Aloha Mr. Benish,

Please find attached our Notice to Requester. The notice addresses specifically your requests numbered 3, 4, 5, and 6. Your requests numbered 1 and 2 are questions and not public record requests.

Questions regarding compliance with the UIPA may be directed to the Office of Information Practices at 808-586-1400 or oip@hawaii.gov<mailto:oip@hawaii.gov>.

Nick Courson
Deputy County Attorney
4444 Rice Street, Suite 220
Lihue, Hawaii 96766
Email: ncourson@kauai.gov<mailto:ncourson@kauai.gov>
Office: (808) 241-4930
Fax: (808) 241-6319

From: James Benish

Mr. Nick Courson,
Thank-you for the documents. When might I receive the requested information on the list. Numbers one, Names of persons who redacted the preciously provided police records. and number 2, the person(s) who approved these redacted police records? If, as you say these are not public records requests, what kind of requests are are required to get this information? Did the entire police department participate in my requests? Was the Chief of Police responsible? Was it the Mayor? Who Mr. Courson? Was it you? So far I have only three names associated with these requests, you, Sara, and Mary. And what about the Hawaii Freedom of information statute that requires a reason be given for not providing requested information on the previous requests? I respectfully request you provide me with reasons for not providing information or for inappropriate reactions of previous requests as well as this one. Since you are an attorney I hope that you understand that the answer for redacting information or missing report pages cannot be "The police department thinks they provided this information." Or that the request for information "is not a public records request." There must have been a written directive or something associated with processing this request to the PD and within the PD. No?

Jim

Jim

From: James Benish

Mr. Courson, Your response says that you have provided answers or documents to my questions numbered 3,4,5,6. There is nothing in your download that is in response to questions 4, mental evaluation and 5, Probable cause to arrest. Is this information going to be provided?

Jim Benish

From: Nicholas Courson

Dear Mr. Benish,

The notice does not state that answers or documents pertaining to questions 4 and 5 will be provided. Rather, the notice specifically states what will be withheld, and gives the justifications for it.

Your question regarding who redacted the record is a question and not a public record request. There is not a public record on it. I will not be providing the names of the employees who redacted the records.

To the extent that you believe that the County has wrongfully withheld public records I strongly encourage you to contact the Office of Information Practices (“OIP”) at 808 586 1400, or oip@hawaii.gov<mailto:oip@hawaii.gov>. I can assure you that I consulted with them regarding your request, and acted in accordance with the guidance they provided. However, if you file an appeal with OIP, they will ask for the records from the County. They will then conduct an “in-camera” review of them. If OIP determines that any additional records should be released to you the County will comply with the direction of OIP.

Nick Courson
Deputy County Attorney
4444 Rice Street, Suite 220
Lihue, Hawaii 96766
Email: ncourson@kauai.gov<mailto:ncourson@kauai.gov>
Office: (808) 241-4930
Fax: (808) 241-6319

From: James Benish

Thank you. I'm taking a different path. No appeal needed at this point.

From: James Benish

Mr. Courson, I have made an additional request for information on another Kauai PD file. Jack Stahley (https://www.muckrock.com/foi/kauai-county-2037/2012-kauai-pd-death-report-on-jack-lee-stahley-21910/) I made the request in the same manner as the Ruff case but received a message that a hard copy was sent to me. I did not want a hard copy and specifically asked for electronic files. Will you assist.? At this point I believe that it would be beneficial for you to assist for me.

Jim

From: Sarah Blane

Aloha Jim,

Nick is out of office this week and next. In his absence, let me see if I can clarify.

The documents you received previously via email came from Nick and myself. We are not direct employees of the Kauai Police Department – Nick works in the County Attorney’s Office and I in the Mayor’s Office. Therefore, we are not subject to KPD’s internal protocols. We took the lead on that particular UIPA request because the report was extensive and required a lot of back and forth communication with OIP to determine what was/wasn’t public record. As such, we were the ones to email it to you upon completion of the UIPA request.

Eunice is a direct employee of KPD and must follow KPD’s protocols, which do not allow for the emailing of documents.

That said, you should be receiving your requested documents today or tomorrow, at latest.

Hope this helps.

Aloha,
Sarah

From: James Benish

Thank you Sara, but how are the documents being sent? I still have not received them. do not recognize this address that Eunice Apeles says they were sent to:( P.O. Box 55819 Boston,MA 02205-5819) Is that a Muckrock address? Why cannot they be sent as the other files from KPD were sent? Electronically.

Jim

From: Nicholas Courson

Aloha Mr. Benish,

I have forwarded your request to KPD and asked them to address the situation.

Nick Courson
Deputy County Attorney
4444 Rice Street, Suite 220
Lihue, Hawaii 96766
Email: ncourson@kauai.gov<mailto:ncourson@kauai.gov>
Office: (808) 241-4930
Fax: (808) 241-6319

Please be cautious in sharing the contents of this message. Any attorney client privilege or confidentiality that may apply may be waived upon your voluntary disclosure to those not covered by the privilege. The privilege only applies to those County employees who direct the actions of the County or provide information and communication as related to the referenced subject within the course and scope of their employment.

From: Nicholas Courson

Aloha Mr. Benish,

I forwarded your email on to KPD. It appears they responded to you on December 7, 2015. However, according to KPD, they have not heard back.

Further, further clarification is necessary. When I review this email thread is appears to combine correspondence related to two different requests. If you could please clarify the current and active request, what you have already received, and what additional documents we are looking for, Eunice will be able to assist you.

Sincerely,

Nick Courson
Deputy County Attorney
4444 Rice Street, Suite 220
Lihue, Hawaii 96766
Email: ncourson@kauai.gov<mailto:ncourson@kauai.gov>
Office: (808) 241-4930
Fax: (808) 241-6319

From: James Benish

Thank you for your reply. The requests that have to do with the Lacy Ruff homicide need not be addressed any further. I obtained the missing information from the courts but there was information requested Re: the Jack Stahley death investigation. I requested copies of any complaint reports made by Mr. Stahley before he died. The report(s) were alleging threats made against him by a person named Bradley Parries. I also asked for a copy of the autopsy if there was one performed or any document that would state the assumed cause of the death of Mr. Stahley.

Jim Benish.

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