4500 block of Mooney Creek Road Edwardsville

Beth Hundsdorfer filed this request with the Madison County Sheriff of Madison County, IL.
Tracking #

S000550-011823

Status
Completed

Communications

From: Beth Hundsdorfer

To Whom It May Concern:

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

All reports, video recordings, audio records, lab results, evidence looks, search warrant applications and returns, 911 calls and CAD reports and any other documents possessed by your agency related to the murder of Randy Gori on Jan . 4, 2020.

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,

Beth Hundsdorfer

From:

Dear Beth Hundsdorfer:
Thank you for your interest in public records of Madison County, IL. Your request has been received and is being processed in accordance with Illinois Freedom of Information Act, 5 ILCS 140/1 et seq.. Your request was received in this office on 1/18/2023 and given the reference number S000550-011823 for tracking purposes. Records Requested: All reports, video recordings, audio records, lab results, evidence looks, search warrant applications and returns, 911 calls and CAD reports and any other documents possessed by your agency related to the murder of Randy Gori on Jan . 4, 2020.
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.
Your request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The Illinois Freedom of Information Act, 5 ILCS 140/1 et seq. does not require a governmental body to create new information, to do legal research, or to answer questions.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Public Records Center.
Madison County, IL
To monitor the progress or update this request please log into the Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HZzWSccqPWMaVzcVm7gYsFZOA9driweNhWXacvtyYW5cc939YIW8YQB0fmFJNiwGaFbGzUjGD4TGI3eCS-2B6q-2F6s-3Dl8AC_3bq54wMFImlR8UefIX1AO864KhCP51J9exwzogLSQFFljO2cFrfF9e4O67pmgmR2ga1NELpE5OEYY3IZvg9eIwJc4U2LEK-2Byck-2FzgnP3-2BJnejsDFhIJL88TVN8CraD9tQEcBqGeqm61qR8oBAPSUb5XtrJ96gQf-2BwpBxagZpixprMHWfXTctWg2-2B-2BlvDT3kF-2B4-2Fwh45WuzDbprY1sUrNqxJD0cQzE4r4wMRMT2y509HO9IIF8yzNEsw7EKWuIC0EPpn1yNyxJ-2BLp-2FmRGyqHlKn-2BPscbCT5goB56Ws52gu3JZnWnOIj2PksF4j7ZHeOxxgkRRJa4wDyiAwITvq1T3ifLwdWDVFA6ZgANG8Hn0VUoG3sHQd58q9Znp-2BqRzT2ZMT2NhaF52KyuumPih9CidDg-3D-3D)

From:

--- Please respond above this line ---

RE: PUBLIC RECORDS REQUEST of January 18, 2023, Reference # S000550-011823. Dear Beth Hundsdorfer, The Madison County, IL received a public information request from you on January 18, 2023. Your request mentioned: “All reports, video recordings, audio records, lab results, evidence looks, search warrant applications and returns, 911 calls and CAD reports and any other documents possessed by your agency related to the murder of Randy Gori on Jan . 4, 2020.
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.” The amount of information requested is "unduly burdensome" for the public body. Before declining to comply with a request as unduly burdensome, the public body must extend to the requester an opportunity to reduce the request to manageable proportions. If a public body determines that the burden on the public body outweighs the public interest in obtaining the information, and that there is no way to narrow the request, it must notify the requester in writing, specifying the reasons why it would be unduly burdensome and the extent to which compliance would so burden the operations of the public body. Such a response is treated as a denial of the FOIA request. See 5 ILCS 140/3(g).  As such the Madison County Sheriff's Office is attempting to determine the extent and information that is present in the case and being requested.  Under section 3(e) of FOIA provides that the period for response may be extended by the public body The time for response may be extended if: (ii) the request requires the collection of a substantial number of specified records; The Madison County, IL has reviewed its files and has located responsive records to your request.  Your request is granted in part and denied in part.  These files were found to be redacted and released with the following exemptions: 7(1)(a) – In that the request relates to records prohibited from release by Federal or State law (i.e. Juvenile Arrest Records) 7(1)(b) – Private Information such as SSN, Phone Number(s), Addresses, DL numbers are protected from release 7(1)(c) – Releasing the records constitutes an unreasonable Invasion of Personal Privacy of those involved. DOB’s and family matters in which personal privacy outweighs the public interest are exempt. "personal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy."  Section 7(1)(c) defines an "[u]nwarranted invasion of personal privacy" as "the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information." 5 ILCS 140/7(1)(c) (West 2018) In determining whether or not the disclosure of personal information would constitute a clearly unwarranted invasion of personal privacy, the public’s interest in disclosure must be balanced against the degree of invasion of privacy. FOIA contemplates a case-by-case analysis that is necessarily based upon the specific facts underlying a request for disclosure. A few examples of the types of information that have been approved by the Public Access Counselor for redaction under 7(1) (c) include: dates of birth; names and identifying information of victims in police reports; and graphic photos of the deceased’s body in an autopsy report. FOIA exempts from disclosure personal information contained in public records if disclosing that information would constitute a clearly unwarranted invasion of personal privacy for the person or persons to whom the information pertains. "Personal information" has been defined by the courts as information "that is private and confidential." Chicago Tribune v. Board of Education of the City of Chicago, 332 Ill. App. 3d 60 (1st Dist. 2002). The reports and information will be released upon completion and approval of the attorneys. Sheriff's Office Public Records - S000550-011823 Should you wish to file a request for review in regard to the redacted portion of your request, you can do so with the Public Access Counselor (“PAC”) at the Office of the Illinois Attorney General. 5 ILCS 140/9.5(a). Public Access Counselor
Office of the Attorney General
500 South 2nd Street
Springfield, Illinois 62706
Fax: 217-782-1396
E-mail: publicaccess@atg.state.il.us If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date of this denial letter. 5 ILCS 140/9.5(a). Please note that you must include a copy of your original FOIA request and this denial letter when filing a Request for Review with the PAC. If you have any questions, or wish to discuss this further, please contact me. Sincerely, Detective Captain Brian Koberna Chief of Investigations Madison County Sheriff's Office, Illinois Illinois Chief Deputy Commander, Major Case Squad of Greater St. Louis 405 Randle Street Edwardsville IL 62025 Desk 618.296.4822 Fax 618.296.7080
To monitor the progress or update this request please log into the Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HZzWSccqPWMaVzcVm7gYsFZOA9driweNhWXacvtyYW5c2hbWPPVpbxBPjGleTcjHDTDaEoONkjOt2mO2ImDfnla1Kl4F56t2dWxqMcT-2B-2BARKMMIx_3bq54wMFImlR8UefIX1AO864KhCP51J9exwzogLSQFFljO2cFrfF9e4O67pmgmR2ga1NELpE5OEYY3IZvg9eI21ZHnKP8bT7c-2BUGwGakFpe7HNm47L9fDsx3FJKtn5-2BBKhFxfIOp6XVwi8RzLuq8p9zBaK940hVMXGBM7PYaFzgq-2Fb65LC05gyugbc-2FUVPy29vBqE-2FuPThncGKbdSX41pmkFt0pCAyMzhQD-2BXYH7BtfBJyn-2Bjfez-2FBvL-2BJijdzR-2BTU-2B-2FNuojbahDyG0LlhEk8gE5cdkWCELkBiqkN1Z0z7lkFfqNi9j5C1TKAWO2wc5nTpWTpZ9IIV7AVgX-2FYRU5RhuiWzfCyk7RGVOPkGbMZrapEG68G-2BKoyucQoF40fUc1YjAppwXUxRMUor3Jh6fklw-3D-3D)

From: Madison County Sheriff

--- Please respond above this line ---

The message and information was received by you through GovQA on 1/19/2023 01:18:00 AM Customer Customer clicked message Email ID: 2492 You can access the item through this portal or pick up in person.  Please advise. Respectfully, Detective Captain Brian Koberna Chief of Investigations Madison County Sheriff's Office, Illinois Illinois Chief Deputy Commander, Major Case Squad of Greater St. Louis 405 Randle Street Edwardsville IL 62025 Desk 618.296.4822 Fax 618.296.7080 From: requests@muckrock.com [ (mailto:requests@muckrock.com) mailto:requests@muckrock.com] (mailto:requests@muckrock.com)

From: Madison County Sheriff

RE: Sheriff's Office Public Records created on January 18, 2023, Reference # S000550-011823

Dear Beth,

The Madison County, IL received a public records request from you on January 18, 2023. You requested the following:
"All reports, video recordings, audio records, lab results, evidence looks, search warrant applications and returns, 911 calls and CAD reports and any other documents possessed by your agency related to the murder of Randy Gori on Jan . 4, 2020.
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."

In reference to your records request, I require additional time to respond. This is to determine whether any of the information requested is statutorily exempt from disclosure.
Accordingly, I estimate that by 4/10/2023, I will provide an update on the responsive records.
Charges may apply for copies of responsive records. If there is a charge, I will provide an invoice that is due upon receipt.

Thank you for your patience in awaiting this information.

Sincerely,

Brian Koberna
Chief of Detectives
Sheriff
618-296-4822



To view the full details of this request please log into the Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HZzWSccqPWMaVzcVm7gYsFZOA9driweNhWXacvtyYW5cc939YIW8YQB0fmFJNiwGaFbGzUjGD4TGI3eCS-2B6q-2F6s-3DrA4R_3bq54wMFImlR8UefIX1AO864KhCP51J9exwzogLSQFFljO2cFrfF9e4O67pmgmR2ga1NELpE5OEYY3IZvg9eIztjblz8FZY0Res3dMs1akWTbYMuMsmgk8VffvKMceNRfTJYKsmv2RcgMc9vGxLvaMae5aPsc-2Bkr-2BxvrbCRLGQiOORargHnZDQDCdj2gIDektQTFVNKfDqC2layGs-2BKricOwekfokgHH1enxO3ReN4yLpjRU9n98e75m-2FQcRKByCVtGr6lNDHFpSSeWQHAP8DlFkpCpOlkGnZs9V22SpbrztmjSCjxCfijn-2FWBk4qnjQIHiVGKCb3QHbnA-2BibzHiqy2-2FAYgqWZb8UgMJU5-2FAXbvv3gOkanGph34ddJIJknyU0p-2BvQvcvpWkRMNXkTLuzPg-3D-3D)

From: Madison County Sheriff

--- Please respond above this line ---

Dear Beth Hundsdorfer, The Madison County, IL received a public information request from you on January 18, 2023. Your request mentioned: “All reports, video recordings, audio records, lab results, evidence looks, search warrant applications and returns, 911 calls and CAD reports and any other documents possessed by your agency related to the murder of Randy Gori on Jan . 4, 2020.
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.” The amount of information requested is "unduly burdensome" for the public body. Before declining to comply with a request as unduly burdensome, the public body must extend to the requester an opportunity to reduce the request to manageable proportions. If a public body determines that the burden on the public body outweighs the public interest in obtaining the information, and that there is no way to narrow the request, it must notify the requester in writing, specifying the reasons why it would be unduly burdensome and the extent to which compliance would so burden the operations of the public body. Such a response is treated as a denial of the FOIA request. See 5 ILCS 140/3(g).  As such the Madison County Sheriff's Office is attempting to determine the extent and information that is present in the case and being requested.  Under section 3(e) of FOIA provides that the period for response may be extended by the public body The time for response may be extended if: (ii) the request requires the collection of a substantial number of specified records; The Madison County, IL has reviewed its files and has located responsive records to your request.  Your request is granted in part and denied in part.  These files were found to be redacted and released with the following exemptions: 7(1)(a) – In that the request relates to records prohibited from release by Federal or State law (i.e. Juvenile Arrest Records) 7(1)(b) – Private Information such as SSN, Phone Number(s), Addresses, DL numbers are protected from release 7(1)(c) – Releasing the records constitutes an unreasonable Invasion of Personal Privacy of those involved. DOB’s and family matters in which personal privacy outweighs the public interest are exempt. "personal information contained within public records, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy."  Section 7(1)(c) defines an "[u]nwarranted invasion of personal privacy" as "the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information." 5 ILCS 140/7(1)(c) (West 2018) In determining whether or not the disclosure of personal information would constitute a clearly unwarranted invasion of personal privacy, the public’s interest in disclosure must be balanced against the degree of invasion of privacy. FOIA contemplates a case-by-case analysis that is necessarily based upon the specific facts underlying a request for disclosure. A few examples of the types of information that have been approved by the Public Access Counselor for redaction under 7(1) (c) include: dates of birth; names and identifying information of victims in police reports; and graphic photos of the deceased’s body in an autopsy report. FOIA exempts from disclosure personal information contained in public records if disclosing that information would constitute a clearly unwarranted invasion of personal privacy for the person or persons to whom the information pertains. "Personal information" has been defined by the courts as information "that is private and confidential." Chicago Tribune v. Board of Education of the City of Chicago, 332 Ill. App. 3d 60 (1st Dist. 2002). The reports and information will be released upon completion and approval of the attorneys. Sheriff's Office Public Records - S000550-011823 Should you wish to file a request for review in regard to the redacted portion of your request, you can do so with the Public Access Counselor (“PAC”) at the Office of the Illinois Attorney General. 5 ILCS 140/9.5(a). Public Access Counselor
Office of the Attorney General
500 South 2nd Street
Springfield, Illinois 62706
Fax: 217-782-1396
E-mail: publicaccess@atg.state.il.us If you choose to file a Request for Review with the PAC, you must do so within 60 calendar days of the date of this denial letter. 5 ILCS 140/9.5(a). Please note that you must include a copy of your original FOIA request and this denial letter when filing a Request for Review with the PAC. If you have any questions, or wish to discuss this further, please contact me. Sincerely, Detective Captain Brian Koberna Chief of Investigations Madison County Sheriff's Office, Illinois Illinois Chief Deputy Commander, Major Case Squad of Greater St. Louis 405 Randle Street Edwardsville IL 62025 Desk 618.296.4822 Fax 618.296.7080
To monitor the progress or update this request please log into the Public Records Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HZzWSccqPWMaVzcVm7gYsFZOA9driweNhWXacvtyYW5c2hbWPPVpbxBPjGleTcjHDTDaEoONkjOt2mO2ImDfnla1Kl4F56t2dWxqMcT-2B-2BARKgKIT_3bq54wMFImlR8UefIX1AO864KhCP51J9exwzogLSQFFljO2cFrfF9e4O67pmgmR2ga1NELpE5OEYY3IZvg9eIzDLsTZgthqN-2BUgoEeWPsXRPZx-2FTXzN6VlBpVWEhkTjoyZZimbc8AxIL1aIIAYj4hpmDSB7nqwReqZq-2F0X-2FOw-2BHlTvXrb-2F7QgrGftop6wTg9nUj9waORBOF5cDQr-2BeR1pMLH9iKm6-2FF3R-2Fy3Kb6QToZE-2Fy-2BqRVS17azDJtLGmSvrQGuZ-2BmI-2BCe8oInDcn-2FyJXEDa2Q8cTeWLrzWALj1uWIliE00AkqsErb6-2BFtc6e-2BAe3idagQ58aayLdlAb6CeX1DhA-2Bw9EWPdpY18tstAks4lVGgJ-2F-2Bmo84O4bUZg48zbZkGHAt0R-2FMmZ6TOhgxM9Q8Q-3D-3D)

From: Beth Hundsdorfer

Please consider this a request for review. This request, one identical to it, has been pending for more than a year. This request was made for the sole purpose of appeal after a very long period of no response to my inquiries for status.

From: Beth Hundsdorfer

Det. Koberna,

I sent an identical FOIA a year ago. I have tried to get an update on the status of that request. I was told that it was being worked on and "don't call us, we will call you." Apparently, CBS News made a similar request and I assume that has not been fulfilled either. While I am quite sure that providing documents to the public is very important to your agency, more than a year to fulfill any portion of the request, which was pared down from the original, is unreasonable.

This FOIA was submitted for the sole purpose of filing an appeal which I have done today.

Please feel free to call me if you have any questions,

Beth Hundsdorfer
Reporter
Capitol News Illinois
(618)670-7502

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