Terrence Bowers (Chester County Coroner/ Medical Examiner)

The following form was submitted via your website: Right to Know Request

Name of Requestor: Anna P

Address: MuckRock News DEPT MR 72152 411A Highland Ave

City: Somerville

State: MA

Zip: 02144

Email: requests@muckrock.com

Phone: 617-299-1832

Records Requested (Provide as much detail as possible.): To Whom It May Concern:

Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records:

Any documents and files relating to the homicide investigation of:
Terrence Bowers, April 26, 1970.
Chester County, Pennsylvania.

Including, but not limited to: (redacted if necessary)
Incident report and homicide report.
Crime scene information
witness statements and interviews
polygraph reports
Autopsy and any other medical reports
Investigation reports
Evidence information including any photos
Any developments in the case since 1970

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,

anna p

Do you want copies?<br> A fee is charged for all copies. Copies will not be provided until the fee has been paid. In a few instances (such as a request for a deed), the fees will be determined by a statute other than the Open Records Law. <br><a href="https://pa-chestercounty2.civicplus.com/1346/Open-RecordsRight-to-Know-Requests" target="blank">Copying Fees</a>: No

Do you want to inspect the records?: No

Do you want certified copies of the records?: No

Do you want to be notified if the cost exceeds $100?: Yes

Additional Information:
Form Submitted on: 4/24/2019 2:34:40 PM
Form Address: https://www.chesco.org/FormCenter/Solicitor-41/Right-to-Know-Request-173

Dear Anna P:

On November 12, 2019, we received your request for information pursuant to the Pennsylvania Right To Know Law (RTKL), 65 P.S. 67.101, et seq., attached. Pursuant to Section 902(a) of the RTKL, we require an additional thirty (30) days to respond because the extent and nature of your request precludes a response within five (5) business days.

We anticipate responding to your request on or before December 19, 2019. We do not estimate that the cost of duplication, if any, will exceed $100.00.

Sincerely,

Kristen

Kristen K. Mayock, Esq.
Deputy Solicitor
The County of Chester

This County of Chester e-mail message, including any attachments, is intended for the sole use of the individual(s) and entity(ies) to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone this e-mail message including any attachments, or any information contained in this e-mail message including any attachments. If you have received this e-mail message in error, please immediately notify the sender by reply e-mail and delete the message. Thank you very much.

From: Mayock, Kristen K.
Sent: Thursday, December 19, 2019 11:08 AM
To: 'requests@muckrock.com'
Cc: Open Records
Subject: FW: MuckRock News -- RTK received 11/12/19 -- T Bowers

Dear Anna P:

On November 12, 2019, we received your request for information pursuant to the Pennsylvania Right To Know Law (RTKL), 65 P.S. 67.101, et seq., attached. Pursuant to Section 902(a) of the RTKL, we opted for an additional thirty (30) days to respond because the extent and nature of your request precluded a response within five (5) business days.

On April 9, 2019 you submitted the identical request. Our May 15, 2019 response, in turn, is also identical and is copied below. Section 506(a) of the RTKL provides that "[a]n agency may deny a requester access to a record if the requester has made repeated requests for that same record and the repeated requests have placed an unreasonable burden on the agency." 65 P.S. § 67.506(a).

You have again requested the following records pertaining to a homicide investigation of a Terrence Bowers.

1. Incident report and homicide report;

2. Crime scene information;

3. Witness statements and interviews;

4. Polygraph reports;

5. Autopsy and any other medical reports;

6. Investigation reports;

7. Evidence information including any photos;

8. Any developments in the case since 1970.

Your requests 1 - 4 and 6 - 8 are denied because the records you are seeking constitute criminal investigation records. These records are not subject to public access via the RTKL.

Investigative information is exempt from disclosure under Section 708(b)(16) of the RTKL as relating to or resulting in a criminal investigation. 65 P.S. § 67.708(b)(16). The applicable exemptions from disclosure include:

* Complaints of potential criminal conduct . . . . Section 708(b)(16)(i);

* Investigative materials, notes, correspondence, videos and reports. Section 708(b)(16)(ii);

* A record that, if disclosed, would reveal the institution, progress or result of a criminal investigation, except the filing of criminal charges. Section 708(b)(16)(vi)(A).

In regard to your request No. 5 for autopsy reports, § 708(b)(20) of the RTKL, exempts from disclosure "An autopsy record of a coroner or medical examiner and any audiotape of a postmortem examination or autopsy, or a copy, reproduction or facsimile of an autopsy report, a photograph, negative or print, including a photograph or videotape of the body or any portion of the body of a deceased person at the scene of death or in the course of a postmortem examination or autopsy taken or made by or caused to be taken or made by the coroner or medical examiner."

You have a right to appeal the denials of information contained in this correspondence in writing to the Pennsylvania Office of Open Records, 333 Market St., 16th Floor, Harrisburg, PA 17101-2234. Please consult the Pennsylvania Open Records Act for your appellate rights at 65 P.S. § 67.101 et seq., more specifically §1101(a)(1).

Kristen K. Mayock, Esq.
Deputy Solicitor
The County of Chester

From: Mayock, Kristen K.
Sent: Tuesday, November 19, 2019 3:17 PM
To: 'requests@muckrock.com'
Cc: Open Records
Subject: FW: MuckRock News -- RTK received 11/12/19

Dear Anna P:

On November 12, 2019, we received your request for information pursuant to the Pennsylvania Right To Know Law (RTKL), 65 P.S. 67.101, et seq., attached. Pursuant to Section 902(a) of the RTKL, we require an additional thirty (30) days to respond because the extent and nature of your request precludes a response within five (5) business days.

We anticipate responding to your request on or before December 19, 2019. We do not estimate that the cost of duplication, if any, will exceed $100.00.

Sincerely,

Kristen

Kristen K. Mayock, Esq.
Deputy Solicitor
The County of Chester

From: Mayock, Kristen K.
Sent: Wednesday, May 15, 2019 4:11 PM
To: 'requests@muckrock.com'
Cc: Open Records
Subject: anna p Muckrock RTK received 4/9/19 re T Bowers

anna p:

On April 9, 2019, the Chester County Solicitor's Office received your request for information pursuant to the Pennsylvania Right to Know Law (RTKL), 65 P.S. § 67.101, et seq. Pursuant to Section 902(a) of the RTKL, we opted for an additional 30 days to respond because the extent and nature of your request precluded a response within five business days.

You have requested the following records pertaining to a homicide investigation of a Terrence Bowers.

1. Incident report and homicide report;

2. Crime scene information;

3. Witness statements and interviews;

4. Polygraph reports;

5. Autopsy and any other medical reports;

6. Investigation reports;

7. Evidence information including any photos;

8. Any developments in the case since 1970.

Your requests 1 - 4 and 6 - 8 are denied because the records you are seeking constitute criminal investigation records. These records are not subject to public access via the RTKL.

Investigative information is exempt from disclosure under Section 708(b)(16) of the RTKL as relating to or resulting in a criminal investigation. 65 P.S. § 67.708(b)(16). The applicable exemptions from disclosure include:

* Complaints of potential criminal conduct . . . . Section 708(b)(16)(i);

* Investigative materials, notes, correspondence, videos and reports. Section 708(b)(16)(ii);

* A record that, if disclosed, would reveal the institution, progress or result of a criminal investigation, except the filing of criminal charges. Section 708(b)(16)(vi)(A).

In regard to your request No. 5 for autopsy reports, § 708(b)(20) of the RTKL, exempts from disclosure "An autopsy record of a coroner or medical examiner and any audiotape of a postmortem examination or autopsy, or a copy, reproduction or facsimile of an autopsy report, a photograph, negative or print, including a photograph or videotape of the body or any portion of the body of a deceased person at the scene of death or in the course of a postmortem examination or autopsy taken or made by or caused to be taken or made by the coroner or medical examiner."

You have a right to appeal the denials of information contained in this correspondence in writing to the Pennsylvania Office of Open Records, 333 Market St., 16th Floor, Harrisburg, PA 17101-2234. Please consult the Pennsylvania Open Records Act for your appellate rights at 65 P.S. § 67.101 et seq., more specifically §1101(a)(1).

Thank you,

Kristen

Kristen K. Mayock, Esq.
Deputy Solicitor
The County of Chester
313 W. Market St., Suite 6702
West Chester, PA 19380
kmayock@chesco.org<mailto:kmayock@chesco.org>
www.chesco.org<http://www.chesco.org/>

-----Original Message-----
From: Warner, Sandra A.
Sent: Wednesday, May 01, 2019 9:32 AM
To: 'requests@muckrock.com'
Cc: Mayock, Kristen K.
Subject: FW: RTK received 4/9/19 - Homicide Investigation of Terrence Bowers, 4/26/1970

May 1, 2019

Attention: anna p -

Today, 5/1/19, I received your follow up to your previous request of 4/8/19. The Open Records Office thirty (30) day extension letter is attached hereto, which was originally sent to you ono 4/16/19. This office will reply to your request on or before 5/15/19.

Sandra Warner

Open Records Office

-----Original Message-----

From: Warner, Sandra A.

Sent: Tuesday, April 16, 2019 10:45 AM

To: 'requests@muckrock.com'

Subject: FW: RTK received 4/9/19 - Homicide Investigation of Terrence Bowers, 4/26/1970

April 16, 2019

MuckRock News

Attention: anna p

TO WHOM IT MAY CONCERN:

On April 9, 2019, the Chester County Solicitor's Office received your request for information pursuant to the Pennsylvania Right To Know Law ("RTKL"), 65 P.S. 67.101, et. seq., a copy of which is attached. Your original request sent to the Chester County Sheriff's Office was forwarded to this office for response.

Pursuant to Section 902(a) of the Right To Know Law, we require an additional thirty (30) days to respond because the extent and nature of your request precludes a response within a five (5) day time period.

We anticipate responding to your request on or before May 15, 2019. We do not estimate that the cost of duplication fees will exceed $100.00.

Very truly yours,

Sandra Warner

Open Records Office

This County of Chester e-mail message, including any attachments, is intended for the sole use of the individual(s) and entity(ies) to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone this e-mail message including any attachments, or any information contained in this e-mail message including any attachments. If you have received this e-mail message in error, please immediately notify the sender by reply e-mail and delete the message. Thank you very much.