Death Investigation of [ME2017-04241 KEN'NEKA L. JENKINS/KENNEKA JENKINS]

Stephen Donaldi filed this request with the Mayor's office of Rosemont, IL .
Est. Completion None
Status
Fix Required

Communications

From: Stephen Donaldi

To Whom It May Concern:

Pursuant to the { Freedom of Information Act (5 ILCS}, I am requesting the following records:

- Any/all available audio/video surveillance camera files, recorded/captured by a surveillance camera system and stored by Crowne Plaza Hotel O'hare on their premises located at (5440 North River Road, Rosemont, IL 60018) obtained in the course of the Rosemont Public Safety Police Department's investigation into the death of [ME2017-04241 KEN'NEKA L. JENKINS/KENNEKA JENKINS] ,
specifically, as it pertains to the following dates:

* Sept 7, 2017 through Sept 10, 2017 inclusive, and consisting of all documented surveillance camera video files totaling up to twenty-four real time hours for each date.
(Said footage is known to currently be in the care, control, and/or possession of Rosemont Public Safety Police Department.

-Any/all audio/video surveillance video files otherwise obtained by Rosemont Public Safety Police Department in the course of their investigation in the death of Kenneka Jenkins, not stored directly by Crown Plaza Hotel O'Hare on their premises .

Additionally, this FOIA request is for:
*Native security camera video footage files, stored on a Western Digital hard disk drive (Serial#WX81E66FPOLT), obtained by the Rosemont Public Safety Police Department, received by RPSPO Detective A. Dilacova #1444, from the Crowne Plaza Hotel O'Hare (per Property Inventory Form report # 2017-24677), maintained by preservation request, and subsequently placed into evidence in the death investigation of Kenneka Jenkins.
*All surveillance camera video footage files stored on removable and/or transferrable media as indicated on the following Property Inventory Forms:
-Report # 2017-24677 received by RPSPD Detective Rooshanfekr #1445
-Report #2017-25257 received by RPSPD Officer # 1454
-Any additional reports not specifically noted, documenting the collection of any storage media containing surveillance camera video files and/or photography, and stored as evidence pertaining to the death investigation of Kenneka Jenkins.
-Any and all "FARO" brand software, or other branded 3D laser scanning device's original source scanned raw files (.fls), project point cloud data, or compiled scene project report data, produced by and/or resulting from the usage of 3D laser scanning technology used (or employed) by the Rosemont Public Safety Police Department, or agent thereof, in the course of their investigation into the death of [ME2017-04241 KEN'NEKA L. JENKINS/KENNEKA JENKINS].
The audio/video files being requested are known to be in the care, control, custody, and/or possession of The Village of Rosemont Public Safety Police Department at the time of this submission. As such, my request should not place any undue burden on the State to locate, compile, and present the information/files being requested.

Under the FOIA [5 ILCS subsection 7(1)(b)(c)], the State is required to fulfill it's obligation in providing any and all files, documents, and/or data that is requested, to the extent the information exists, pursuant to the statute, notwithstanding special circumstances permitting the exclusion of information containing personally identifying material. This FOIA request is neither seeking, nor shall it deem acceptable as compliance, the creation, re-creation, or substitution of pre-existing, original native surveillance camera video files, or any files presented as a result of conversion from original native surveillance camera video format.
It is also understood, pursuant to the statute, that the State, or any agent working on behalf in whole or part thereof, is neither required, nor obligated to create as original, any file or combination of files specified for inclusion by this request. Likewise, neither will any information/files sought by this request, that have been substituted, modified, converted, or otherwise from original native video format (where applicable), be accepted as compliance to this FOIA request. The aforementioned information/files have been publicly declared to exist by Rosemont Public Safety Police Department.

FURTHER CLARIFICATION:
This request is for any, and all audio/video surveillance video files existing in native mpeg file format, or any other native video file format in which surveiilance video files were created, using software employed by the Crown Plaza Hotel O'Hare. Please note executable (.exe) files are NOT video files. The process of converting the video file to executable file format results in adulterated copies of the original native video format files. The Rosemont Public Safety Police Department has in previous FOIA requests, provided the requested surveillance camera video files from Crown Plaza Hotel O'Hare, and other files filed as evidence, on computer hard disk drive, and mailed to and at the expense of, the requesting party. The native video file footage has also in prior instances, been converted to Windows executable files and made available via the web in digital form. These files are created third-party copies of the original native file format, that have been converted to Windows executable files(.exe). Windows executable files have minimal-to-no evidentiary value, are void of any practical public benefit, and as a result of conversion, the original file metadata is compromised or lost altogether. The original metadata is a critical component of file integrity, and underscores the importance of this explicit request for original native video file format. Files that do not represent bit for bit copies of the original native format (where applicable) files, will be deemed unacceptable. Additionally, due to the total number of files, as well as large file sizes make accessing via web browser a time consuming, cost prohibitive and impractical soloution for this request. Due to storage requirements, and because each file must first be downloaded locally in order to view, it then becomes especially difficult for those with special needs who may require accomodations. Because the statute allows for such a request, and for these reasons, I am further requesting that the requested information/files be copied onto a hard disk drive (external or other Windows compatible storage drive). The information being requested by this FOIA is being requested for the eventual purpose of dissemination through broader alternative mediums and outlets, in the name of public interest.

Upon fulfillment, the requested documents will be made available to the general public.
This request for documents/files is not being made for commercial purposes.

I would be grateful if you would inform me of the total cost of fees associated with, and in advance of fulfilling my request. I am further requesting that the information and/or files specifically sought by this request, be supplied on an external hard disk drive (or similar storage device), sent via U.S. Postal Service Registered Mail including an electronically delivered return receipt to be addressed to an email address I shall provide, and to accompany my payment of the costs associated with the fulfillment of this request. I further understand it will be my responsibility to satisfy IN FULL all reasonable costs associated with this request prior to its fullfillment and/or mailing.
Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 days.

Respectfully,
Stephen Donaldi

From: Mayor's office

Dear Stephen Donaldi:

This firm serves as the attorneys for the Village of Rosemont (the "Village"). This email is being written on behalf of the Village in response to your request under the Illinois Freedom of Information Act ("FOIA") that was received by the Village on January 6, 2020. You requested the following:

"Any/all available audio/video surveillance camera files, recorded/captured by a surveillance camera system and stored by Crowne Plaza Hotel O'hare on their premises located at (5440 North River Road, Rosemont, IL 60018) obtained in the course of the Rosemont Public Safety Police Department's investigation into the death of [ME2017-04241 KEN'NEKA L. JENKINS/KENNEKA JENKINS] ,
specifically, as it pertains to the following dates:

* Sept 7, 2017 through Sept 10, 2017 inclusive, and consisting of all documented surveillance camera video files totaling up to twenty-four real time hours for each date.
(Said footage is known to currently be in the care, control, and/or possession of Rosemont Public Safety Police Department.

-Any/all audio/video surveillance video files otherwise obtained by Rosemont Public Safety Police Department in the course of their investigation in the death of Kenneka Jenkins, not stored directly by Crown Plaza Hotel O'Hare on their premises .

Additionally, this FOIA request is for:
*Native security camera video footage files, stored on a Western Digital hard disk drive (Serial#WX81E66FPOLT), obtained by the Rosemont Public Safety Police Department, received by RPSPO Detective A. Dilacova #1444, from the Crowne Plaza Hotel O'Hare (per Property Inventory Form report # 2017-24677), maintained by preservation request, and subsequently placed into evidence in the death investigation of Kenneka Jenkins.
*All surveillance camera video footage files stored on removable and/or transferrable media as indicated on the following Property Inventory Forms:
-Report # 2017-24677 received by RPSPD Detective Rooshanfekr #1445
-Report #2017-25257 received by RPSPD Officer # 1454
-Any additional reports not specifically noted, documenting the collection of any storage media containing surveillance camera video files and/or photography, and stored as evidence pertaining to the death investigation of Kenneka Jenkins.
-Any and all "FARO" brand software, or other branded 3D laser scanning device's original source scanned raw files (.fls), project point cloud data, or compiled scene project report data, produced by and/or resulting from the usage of 3D laser scanning technology used (or employed) by the Rosemont Public Safety Police Department, or agent thereof, in the course of their investigation into the death of [ME2017-04241 KEN'NEKA L. JENKINS/KENNEKA JENKINS].

Surveillance footage case ID #2017-25257 of 4GB on a flash drive was collected during the investigation of the death of Kenneka Jenkins (case ID #2017-24677). A copy of the 4GB Black/Red Flashdrive of the Doubletree Security Video for case file number 2017-2527 submitted into the evidence locker on the 20 September 2017. All reports and documents relating to this case file."

Pursuant to Section 8.5 of the FOIA, please be advised that the requested records have been published online at https://villageofrosemont.app.box.com/s/zzokoiwo458b1eanwci0khwge6of6fcn. If any of your requested records do not appear to have been published online, then the Village does not possess said records.

Furthermore, please be advised that your request for the surveillance video footage in its native format has not satisfied the requirements of Section 8.5(b) of the FOIA because you have not stated your inability to reasonably access the requested footage online.

If you would like to obtain a "hard drive" of the requested records in their native format, then you will be responsible for paying the costs of reproducing this video footage onto the hard drive and delivering the hard drive to your requested address. The cost of the hard drive is approximately $50.00, and the costs of delivery depend on the address that you provide. The Village will not provide you with the hard drive until it receives your payment of these costs. Should you still wish to obtain a copy of the hard drive of the request, please provide me with your requested address for the delivery so that I can inform you of the costs.

To the extent that your FOIA request is being denied, the person responsible for the denial is Matthew Rose, who is one of the Village's attorneys.

To the extent that your FOIA request is being denied, you have the right to have the denial reviewed by the Public Access Counselor at the office of the Illinois Attorney General. The Public Access Counselor's address and telephone number are as follows:

Public Access Counselor
Office of the Illinois Attorney General
500 South Second Street
Springfield, Illinois 62706
Phone: 312.814.5526
Fax: 217.782.1396
E-mail: publicaccess@atg.state.il.us<mailto:publicaccess@atg.state.il.us<mailto:publicaccess@atg.state.il.us%3cmailto:publicaccess@atg.state.il.us>>

Any request for review by the Public Access Counselor must be filed no later than sixty (60) days after the date of the denial of your FOIA request. You also have the right to seek judicial review of the denial of your FOIA request pursuant to Section 11 of the Freedom of Information Act.

Sincerely,
Matthew D. Rose
Rosenthal, Murphey, Coblentz & Donahue
30 N. LaSalle St., Ste. 1624
Chicago, IL 60602
312.541.1078 (Phone)
312.541.9191 (Fax)
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please reply to the sender and destroy all copies of the message.

Files

There are no files associated with this request.