Dave Cloutier, of Goldsboro Police VICE Unit Corporal, was "Giglioed" (North Carolina State Bureau of Investigation)

To Whom It May Concern:

Pursuant to the North Carolina Public Records Law, I hereby request the following records:

In 2017 Dave Cloutier being "Giglioed" and evidence being mishandled compromised the pending Eighth Judicial District Court cases Wayne, Greene and\or Lenoir counties and possibly surrounding cities, counties such as Durham, NC. Therefore, specifically we seek from the district attorney Matthew Delbridge; the NC SBI, and\or Federal Bureau Investigation\DOJ:
1. Copy of "any and all" 2013 to 2018 cases, case numbers, named defendants that were impacted by VICE officer Dave Cloutier investigation cases in questioned; and regardless of charges filed, or dismissed as result of Giglio;
2. Copy of "any and all" 2014-2017 investigative notes taken by Cloutier against or relates to the victim\Defendants;
3. Copy of "any and all" names of associated police officers, FBI Agents, Goldsboro police FBI liaisons that "may have" worked with officer Cloutier as they relate to the Giglio;
4. Copy of "any and all" August 2014 to June 2017 Cloutier generated "internal and\or external emails"
5. Copy of any and all emails directly from FBI to\from Cloutier, and\or to\from Jeffery Stewart Police Chief; and Major Mike West.

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 10 business days.

Sincerely,

SADAN News

A. We do not request the "criminal investigation" file per se. WE DO seek:

1. the number of cases\Defendants impacted "2013 to 2018" "if DISMISSED" the case number and named defendants that were impacted by VICE officer Dave Cloutier dismissed as result of Giglio; and\or

2. list of number of cases that may had included "stolen electronics property." For example Laptop computers and\or TV's; and\or

3. number of active cases that remain open that came under the Vice Office Cloutier authority. and\or

4. Provided list7number of cases that "may had" included the "use" of local criminals and\or informants

**Here, there's no compromising or critical ongoing investigative information requested**

Requestors response to SBI. And applicable to the state North Carolina Wayne County prosecutor Matthew Delbrige, Goldsboro Police and Goldsboro City Attorney in the Giglio of VICE police officer Cloutier. The SBI mistakenly stated---

From: North Carolina State Bureau of Investigation 12/31/2020

Subject: RE: North Carolina Public Records Law Request: Dave Cloutier, of Goldsboro Police VICE Unit Corporal, was "Giglioed" (North Carolina State Bureau of Investigation) Email==== The info that you request, should the SBI have that info, would have been obtained during the criminal investigation and would be contained in the criminal case file. None of the items that you request appear to be in the public record category and/or exceptions to the confidentially provisions of NCGS 132-1.4. Therefore, I am unable to provide you with copies of any portions of the SBI criminal investigative file without a court order./END
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The SBI response is unpersuasive:

EXCEPTION
Under § 132-1.4. Criminal investigations; intelligence information records:
Source: https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_132/GS_132-1.4.html:

(d) A public law enforcement agency shall temporarily withhold the name or address of a complaining witness if release of the information is reasonably likely to pose a threat to the mental health, physical health, or personal safety of the complaining witness or materially compromise a continuing or future criminal investigation or criminal intelligence operation. Information temporarily withheld under this subsection shall be made available for release to the public in accordance with G.S. 132-6 as soon as the circumstances that justify withholding it cease to exist. Any person denied access to information withheld under this subsection may apply to a court of competent jurisdiction for an order compelling disclosure of the information. In such action, the court shall balance the interests of the public in disclosure against the interests of the law enforcement agency and the alleged victim in withholding the information. Actions brought pursuant to this subsection shall be set down for immediate hearing, and subsequent proceedings in such actions shall be accorded priority by the trial and appellate courts.

(e) If a public law enforcement agency believes that release of information that is a public record under subdivisions (c)(1) through (c)(5) of this section will jeopardize the right of the State to prosecute a defendant or the right of a defendant to receive a fair trial or will undermine an ongoing or future investigation, it may seek an order from a court of competent jurisdiction to prevent disclosure of the information. In such action the law enforcement agency shall have the burden of showing by a preponderance of the evidence that disclosure of the information in question will jeopardize the right of the State to prosecute a defendant or the right of a defendant to receive a fair trial or will undermine an ongoing or future investigation. Actions brought pursuant to this subsection shall be set down for immediate hearing, and subsequent proceedings in such actions shall be accorded priority by the trial and appellate courts.

(f) Nothing in this section shall be construed as authorizing any public law enforcement agency to prohibit or prevent another public agency having custody of a public record from permitting the inspection, examination, or copying of such public record in compliance with G.S. 132-6. The use of a public record in connection with a criminal investigation or the gathering of criminal intelligence shall not affect its status as a public record.

(g) Disclosure of records of criminal investigations and criminal intelligence information that have been transmitted to a district attorney or other attorney authorized to prosecute a violation of law shall be governed by this section and Chapter 15A of the General Statutes.

(h) Nothing in this section shall be construed as requiring law enforcement agencies to disclose the following:

(1) Information that would not be required to be disclosed under Chapter 15A of the General Statutes; or

(2) Information that is reasonably likely to identify a confidential informant.
[...]

(j) When information that is not a public record under the provisions of this section is deleted from a document, tape recording, or other record, the law enforcement agency shall make clear that a deletion has been made. Nothing in this subsection shall authorize the destruction of the original record.

(k) The following court records "are public records" and may be withheld "only" when sealed by court order: arrest and search warrants that have been returned by law enforcement agencies, indictments, criminal summons, and nontestimonial identification orders. [THE SBI OBLIGATED RELEASE]

(l) Records of investigations of alleged child abuse shall be governed by Article 29 of Chapter 7B of the General Statutes.

Clearly established provisions above, then our Public Records Request may be honored by the SBI, as well as the state prosecutor, and city attorney. Notwithstanding the victims are the Public and minor-child/ren that may been directly injured. Hence: The SBI's email response is unpersuasive under these facts and clearly established law. G.S. 132-6. The use of a public record in connection with a criminal investigation or the gathering of criminal intelligence shall not affect its status as a public record.

Thanks. We look forward to SBI honoring request.