Mischelle Lawless Case Files (Missouri State Highway Patrol)

Dear Rob Vernier:
Our office received your open records request pursuant to Missouri's Sunshine Law, Chapter 610, RSMo. Your request has been assigned number P044338-101123. The Patrol is committed to adhering to the Sunshine Law and to ensuring that the public obtains access to open records that are not otherwise closed by law. The Sunshine Law requires each public agency to adhere to certain standards. This letter is designed to ensure that you understand our process for fulfilling your records request. Three Business Day Notice Requirement:
The requested records are not immediately available for dissemination or inspection. The Patrol is required to notify you that additional research time will be required to fulfill the request. This correspondence satisfies the Sunshine Law's notice requirement within the required three business day period. Section 610.023.3, RSMo.
Additional Research Time is Required:
The Patrol receives thousands of open records requests each month. Our Patrol Records Division personnel are dedicated to meeting the intent of Missouri's Sunshine Law and strive to respond to each request in a timely manner. The Patrol operates in all 114 Missouri counties and the independent city of St. Louis. Accordingly, many records maintained by the agency are not centrally located within, or immediately accessible to, the Patrol's Custodian of Records in Jefferson City. Our staff must research your request and ensure that we have captured all responsive records  ̶  regardless of their location within the agency. The research process is time-consuming, but we will make every effort to expedite your request. Estimated Time for Completion:
The majority of our requests are fulfilled within thirty business days. Some requests require additional research time due to their scope or complexity. Our team will conduct an initial review of your request. If we estimate that the request will be fulfilled within thirty business days, we will not send an updated time estimate. However, if we estimate that the request will take longer than thirty business days, we will provide an updated time estimate that provides a detailed justification for the additional research time. Billing:
As it relates to billing, Missouri law allows the Patrol to charge fees for copies and research time. Specifically, "[r]esearch time required for fulfilling records requests may be charged at the actual cost of research time." Section 610.026, RSMo. The Missouri Supreme Court recently determined that "staff time is the time required to provide access to public records maintained on computer facilities, recording tapes or disks, videotapes or films, pictures, maps, slides, graphics, illustrations or similar audio or visual items". Gross v. Parson, 624 S.W.3d 877, 884-89 (Mo. 2021) (internal quotations omitted).
The Patrol will never bill you for redaction time or any research time conducted by our legal staff. You will only be charged for copies and staff research time as permitted by Missouri law. Please let us know if you have questions related to the billing estimate.
Our team will forward a bill estimate to your attention once we have calculated the permissible costs and fees. The Patrol will not provide the responsive records until receipt of payment. Section 610.026.2, RSMo.
We appreciate your patience as we review, research, and fulfill your open records request. You can monitor the progress of your request at the link below and you will receive an email when your request has been completed. If you wish to withdraw or clarify your request, or if you have questions, please call our office at (573) 526-6146, or (573) 526-6167.

Sincerely,
Gerard G. Callahan
Custodian of Records

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RE: PUBLIC RECORDS REQUEST of October 11, 2023, Reference # P044338-101123
Dear Rob Vernier,

The Missouri State Highway Patrol received a public records request from you on October 11, 2023. You requested: “To Whom It May Concern:

Pursuant to the The Missouri Sunshine Law, I hereby request the following records:

AV multimedia related to the Angela Mischelle Lawless murder investigation in Benton, MO beginning 11/8/1992 (Complaint #92-4223)
Including, but not limited to:
- Crime scene photos
- Crime scene video
- Mugshot photos including suspect Josh Kezer presented in lineup
- Mugshot photos of Mark Abbott and Kevin Williams
- Audio recording of Deputy Thomas A. Beardslee's interview with Mark Abbott dated 11/8/1992

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 3 business days, as the statute requires.

Sincerely,

Rob Vernier

Upload documents directly: https://www.muckrock.com/
Please clarify the following information: This is a very large case file which we will have to charge you for. If you would like a detailed case summary at no cost, please advise.

If you would like for the Missouri State Highway Patrol to proceed with your Sunshine Law request, please provide clarifications within thirty (30) days from 10/13/2023. Otherwise, the Missouri State Highway Patrol will consider your request withdrawn.
You may provide a response to the Missouri State Highway Patrol by replying to this electronic mail.
Upon receipt of your clarification, the Missouri State Highway Patrol will further respond to your Sunshine Law Act request as required by law, including providing you with an estimate of costs associated with producing the requested records.
If you have any questions, please contact my office at 573-526-6146 or reply to this email. Thank you for your attention.

Sincerely,
GERARD G. CALLAHAN, Lieutenant
Custodian of Records

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10/17/2023
Rob Vernier
MuckRock News, DEPT MR153157
Boston, MA 02115

RE: Public Records Request for Other from [deptreq]

Dear Rob Vernier,

The case file would be estimated to take around 4-5 hours which would cost roughly around 80 - 100 dollars. Please let me know which option you would prefer going with either the case summary which is detailed at no cost or the whole case file. Thanks.

Sincerely,

GERARD G. CALLAHAN, Lieutenant
Custodian of Records

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10/19/2023
Rob Vernier
MuckRock News, DEPT MR153157
Boston, MA 02115

RE: Public Records Request for Other from [deptreq]

Dear Rob Vernier,

From what I can tell we don't have any media files in the case file.

Sincerely,

GERARD G. CALLAHAN, Lieutenant
Custodian of Records

Dear Rob Vernier,

In regards to the Public Records Request received on 10/11/2023 requesting records, the records have been in " status for 30 days. The Missouri State Highway Patrol considers this request closed. If you would still like the records, please submit another Public Records Request. Thank you for using the MO State Highway Patrol Public Records Center. Requested Clarification"
Request Details:

Reference # P044338-101123

Description of Records Requested: To Whom It May Concern:

Pursuant to the The Missouri Sunshine Law, I hereby request the following records:

AV multimedia related to the Angela Mischelle Lawless murder investigation in Benton, MO beginning 11/8/1992 (Complaint #92-4223)
Including, but not limited to:
- Crime scene photos
- Crime scene video
- Mugshot photos including suspect Josh Kezer presented in lineup
- Mugshot photos of Mark Abbott and Kevin Williams
- Audio recording of Deputy Thomas A. Beardslee's interview with Mark Abbott dated 11/8/1992

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 3 business days, as the statute requires.

Sincerely,

Rob Vernier

Upload documents directly: https://www.muckrock.com/