Personnel and disciplinary record, subject: former officer Gilberto Valle III

T. McElwee filed this request with the New York City Police Department of New York City, NY .
Tracking #

2020-056-09458

Due July 3, 2020
Est. Completion Nov. 16, 2020
Status
Awaiting Response

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of the State of New York, the law that prevented disclosure of this material (Civil Rights Law Section 50-a) has been repealed and all such records are now covered by the Freedom of Information Law.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:
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Organization:
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Email:
requests@muckrock.com (mailto:requests@muckrock.com)

Phone Number:
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Street Address (line 1):
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Street Address (line 2):
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City:
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State:
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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.

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