|Submitted||April 24, 2019|
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To Whom It May Concern:
Pursuant to the Oklahoma Open Records Act, I hereby request the following records:
All files pertaining to the homicide of Carol Faye Daniels, Anadarko, Oklahoma. August 23rd, 2009.
(redacted if necessary)
Including but not limited to:
Crime scene report and photos
Autopsy and toxicology reports
police interviews conducted
security footage- or report on the footage
2015 witness statement
Any report on the death of the 2015 witness.
polygraph reports taken of all witnesses (redacted if necessary)
Any file on suspect (now deceased) DENISE ‘DARNELL’ COOPER, including but not limited to:
prior police records
Any file on prisoner (witness) KEVIN MAHAN, including but not limited to:
prior police records
Any other (possibly prior) files for Carol Faye Daniels including but not limited to
Warrants, arrests, violations
Any Restraining orders she had taken out.
FURTHER: I received this information regarding this request when I contacted Caddo County Sheriff Department:
You sent a request to Caddo County Sheriff Department which was then brought to me. I have looked and we do not have any files from the Carol Daniels homicide. I have been told that after OSBI was called in and arrived on scene they took over the investigation. Meaning they have interviews, photos, statements, footage, etc if there are any. I do not know who the investigator is for Ms Daniels case with OSBI. Also in your letter you request any file on Denise Darnell Cooper and Kevin Mahan. There is a search fee of $25.00 for extended search per hour. To get all you are requesting it will take several hours to search for the information you are requesting. If you are still interested in the information you requested on Cooper and Mahan please let me know. I apologize for any inconvenience.
Anadarko Police Department
201 NE 1st
Anadarko, OK 73005
Phone: (405) 247-2411
Fax: (405) 247-7272
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.
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.
April 29, 2019
RE: Open Records Request re: Carol Fay Daniels Homicide, Suspect Denise “Darnell” Cooper, Witness Kevin Mahan
Dear Anna P:
Please be advised that your Open Records Act request via email dated April 24, 2019 under the Oklahoma Open Records Act is hereby respectfully denied. The records and items you request are confidential and not open to the public pursuant to 74 0.S. §150.5(D), and Hicks v. Thompson, 851 P.2d 1077.
74 0.S. §150.5(D)(1) states:
All records relating to any investigation being conducted by the Bureau, including any records of laboratory services provided to law enforcement agencies pursuant to paragraph 1 of Section 150.2 of this title, shall be confidential and shall not be open to the public or to the Commission except as provided in Section 150.4 of this title; provided, however, officers and agents of the Bureau may disclose, at the discretion of the Director, such investigative information to:
a. officers and agents of federal, state, county, or municipal law enforcement agencies and to district attorneys, in the furtherance of criminal investigations within their respective jurisdictions,
b. employees of the Department of Human Services in the furtherance of child abuse investigations, and
c. appropriate accreditation bodies for the purposes of the Bureau's obtaining or maintaining accreditation.
2. Any unauthorized disclosure of any information contained in the confidential files of the Bureau shall be a misdemeanor.
The OSBI may have records responsive to your request as a result of an OSBI investigation. Consequently, they are confidential pursuant to statute and the decision in Hicks v. Thompson, and therefore exempt from the Oklahoma Open Records Act.
Thank you for your cooperation and consideration.
Richard L. Smothermon
Oklahoma State Bureau of Investigation
Richard L. Smothermon
OSBI Chief Counsel
6600 N Harvey Place
Oklahoma City, Oklahoma 73116