Personnel and disciplinary record, subject: former officer Gilberto Valle III
It is a clone of this request.
| Tracking # |
2020-056-09458 |
| Submitted | June 28, 2020 |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
The complete personnel record of former Police Officer Gilberto Valle III and all disciplinary records that identify him as a subject. For specificity and to rule out duplicates, the subject Valle’s birthday is April 14, 1984. His service dates were 2006 to 2013 (years both approximate and inclusive). He was reported to have served in the 26th Precinct. He is known to use the alias "Gil Valle."
Divisions that may hold responsive records include Internal Affairs, Employment Management, and Department Advocate's Office; however, any record used to evaluate performance toward the subject's continued employment or promotion should be considered responsive.
Pursuant to legislation signed by the Governor of the State of New York, the law that prevented disclosure of this material (Civil Rights Law Section 50-a) has been repealed and all such records are now covered by the Freedom of Information Law.
In accordance with the Freedom of Information Law as it has been amended by the aforementioned legislation, records that may be released include:
* complaints, allegations, and charges against an employee;
* the name of the employee complained of or charged;
* the transcript of any disciplinary trial or hearing, including any exhibits introduced at such trial or hearing;
* the disposition of any disciplinary proceeding;
* the final written opinion or memorandum supporting the disposition and discipline imposed;
* the agency's complete factual findings;
* the agency's analysis of the conduct and appropriate discipline of the covered employee.
Under the standard set by multiple court rulings on the Freedom of Information Law, records access officers in New York must use a "balancing test" method of weighing privacy interests favoring redaction/denial against the public interest in favor of disclosure.
In this case, the public interest in disclosure is overwhelming. Gilberto Valle III is a public figure who was arrested in 2012 for plotting to kidnap, murder and devour several women. He was fired by the NYPD in 2013. His criminal case, thrown out on technicalities, has been used to examine questions of criminal intent and the admissibility of so-called "sexual fantasies" posted to internet forums as evidence.
Gilberto Valle has also since made a name for himself as the author of fiction (using the pen name “Gil Valle”) using his infamy as the so-called "Cannibal Cop" as a marketing gimmick (see attached PDF). This entitles the public to the examination of the NYPD’s understanding of Valle’s offense conduct.
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,
T. McElwee
From: New York City Police Department
Your request FOIL-2020-056-09458 has been successfully submitted to the New York City Police Department (NYPD).
The details of your request are shown below.
Request Type: Other Request
Attached File: B01MT1PQN1_ref3Ddbs_a_mng_rwt_scns_share.pdf: B01MT1PQN1_ref3Ddbs_a_mng_rwt_scns_share.pdf (https://a860-openrecords.nyc.gov/response/1088530)
Requester's Contact Information
Name:
T. Mcelwee
Title:
Not provided
Organization:
Not provided
Email:
requests@muckrock.com (mailto:requests@muckrock.com)
Phone Number:
Not provided
Fax Number:
Not provided
Street Address (line 1):
Not provided
Street Address (line 2):
Not provided
City:
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State:
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Zip Code:
Not provided
You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-09458. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-09458)
From: New York City Police Department
The New York City Police Department (NYPD) has acknowledged your FOIL request FOIL-2020-056-09458. You can expect a response on or about Monday, November 16, 2020.
Additional Information:
Your request has been assigned to Detective Halk (646-610-6430). Note: Due to issues caused by the COVID-19 pandemic there may be extensive delays, lasting up to one year, in determining your request.
Please visit FOIL-2020-056-09458 to view additional information and take any necessary action.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 28, 2020. You previously indicated that it would be completed on Nov. 16, 2020. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2020-056-09458.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 28, 2020. You previously indicated that it would be completed on Nov. 16, 2020. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2020-056-09458.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 28, 2020. You previously indicated that it would be completed on Nov. 16, 2020. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #2020-056-09458.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 28, 2020. You had previously indicated that it would be completed on Nov. 16, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-09458.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 28, 2020. You had previously indicated that it would be completed on Nov. 16, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-09458.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 28, 2020. You had previously indicated that it would be completed on Nov. 16, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-09458.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 28, 2020. You had previously indicated that it would be completed on Nov. 16, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-09458.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 28, 2020. You had previously indicated that it would be completed on Nov. 16, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #2020-056-09458.
Thanks for your help, and let me know if further clarification is needed.
From: New York City Police Department
The New York City Police Department (NYPD) has responded to your FOIL request FOIL-2020-056-09458 with the following file(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-09458) NOTE: You must be logged in to your OpenRecords account to access the file(s). If you are not logged in, you will be prompted to do so when the link is selected. The file(s) listed below will not be publicly available on the OpenRecords portal.
* Valle: PO_Valle_942249-8460.pdf (https://a860-openrecords.nyc.gov/response/1894278)
Please visit FOIL-2020-056-09458 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-09458)
From: New York City Police Department
The New York City Police Department (NYPD) has closed your FOIL request FOIL-2020-056-09458 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2020-056-09458)
Your request under the Freedom of Information Law (FOIL) has been fulfilled and the documents you requested have been emailed to you.
You may appeal the decision to deny access to material that was redacted in part or withheld in entirety by contacting the agency's FOIL Appeals Officer: foilappeals@nypd.org within 30 days. (mailto:foilappeals@nypd.org?subject=FOIL-2020-056-09458%20-%20Appeal)
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