Incident #523057894
| Tracking # |
523057140 |
| Submitted | Oct. 13, 2023 |
| Est. Completion | None |
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Communications
From: Frank Freeman
To Whom It May Concern:
Pursuant to the Tennessee Public Records Act, I hereby request the following records:
All incident reports for Highway Patrol Incident #523057894. All body and dash camera footage for the arrest related to above report number, including Kadron Bullington’s dash and body cam footage. Additionally, please include dash and body camera footage of all other responding officers.
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 7 business days, as the statute requires.
Sincerely,
Kent Hoover, a citizen of Tennessee, in coordination with Frank Freeman.
From: Tennessee Highway Patrol
Good afternoon,
Pursuant to Tennessee law and Departmental rules, our Office requires proof of Tennessee citizenship prior to providing copies or inspection of public records. Proof can be furnished by one of the following:
1. Presentation of a valid Tennessee driver's license, or other state issued photographic ID that includes the/ your Tennessee address at the time of the request;
2. Submission of a request on business letterhead with the business' address in Tennessee. Records will be sent to the Tennessee address on the letterhead and not to any other address; or
3. Presentation of a valid Tennessee driver license or other state issued photographic ID that includes your Tennessee address prior to the inspection of records or you obtaining the records in person.
If you do not wish to provide proof in one of the methods mentioned above, you can also allow our office to verify your Tennessee citizenship in our driver license system. You will need to provide your driver license number to do this.
Regards,
From: Muckrock Staff
Hello,
Please see attached. Thank you for your help with this request!
From: Tennessee Highway Patrol
Good afternoon,
Please see the attached letter regarding your records request.
Best,
[cid:image001.png@01DA05C1.F2FE25A0]
Ms. Casey Goggin | Senior Associate Counsel
Legal Division
Tennessee Tower, 25th Floor
312 Rosa L. Parks Ave.
Nashville, TN 37243
o. 615-532-7679
c. 615-630-2931
Casey.Goggin@tn.gov<mailto:Casey.Goggin@tn.gov>
This e-mail message and any attachment contain information that may be legally privileged and confidential from the Legal Office of the Department of Safety. If you are not the intended recipient, you must not review, transmit, convert to hard copy, use or disseminate this e-mail or any attachments to it. If you have received this email in error, please immediately notify us by return e-mail or by telephone at 615-630-2931 and delete this message. Receipt by anyone other than the intended recipient is not a waiver of the attorney- client or work product privilege.
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From: Frank Freeman
This was the Incident number provided by the highway patrol. Please look this up instead by arrestee, Anna Henson with DOB of 1/18/96. This incident occurred on either 9/15/23 or 9/16/23 in Jefferson County and the officer making the arrest was Kadron Bullington.
Thank you,
Kent Hoover, a citizen of Tennessee, in coordination with Frank Freeman.
From: Tennessee Highway Patrol
We will add this request to our list as received today. Your request was denied and we will treat this as a separate request with the information provided below.
[cid:image001.png@01DA05CF.0B5267D0]
Ms. Casey Goggin | Senior Associate Counsel
Legal Division
Tennessee Tower, 25th Floor
312 Rosa L. Parks Ave.
Nashville, TN 37243
o. 615-532-7679
c. 615-630-2931
Casey.Goggin@tn.gov<mailto:Casey.Goggin@tn.gov>
This e-mail message and any attachment contain information that may be legally privileged and confidential from the Legal Office of the Department of Safety. If you are not the intended recipient, you must not review, transmit, convert to hard copy, use or disseminate this e-mail or any attachments to it. If you have received this email in error, please immediately notify us by return e-mail or by telephone at 615-630-2931 and delete this message. Receipt by anyone other than the intended recipient is not a waiver of the attorney- client or work product privilege.
From: Frank Freeman
Thanks so much for your help with this request! I really appreciate it.
Sincerely,
Kent Hoover, a citizen of Tennessee, in coordination with Frank Freeman.
From: Frank Freeman
Good morning,
Just following up on this request to see if you were able to find it with the new information provided on 10/23.
Thanks,
Kent Hoover, a citizen of Tennessee, in coordination with Frank Freeman.
From: Tennessee Highway Patrol
Good afternoon,
Please see the attached letter regarding your public record request.
Regards,
[cid:image001.png@01DA0CD4.E38C6540]
Ms. Mary Petersen | Associate Counsel
Legal Division
Tennessee Tower, 25th Floor
312 Rosa L. Parks Ave.
Nashville, TN 37243
c. 615-917-5370
Mary.Petersen@tn.gov<mailto:Mary.Petersen@tn.gov>
This e-mail message and any attachment contain information that may be legally privileged and confidential from the Legal Office of the Department of Safety. If you are not the intended recipient, you must not review, transmit, convert to hard copy, use or disseminate this e-mail or any attachments to it. If you have received this email in error, please immediately notify us by return e-mail or by telephone at 615-917-5370 and delete this message. Receipt by anyone other than the intended recipient is not a waiver of the attorney- client or work product privilege.
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From: Frank Freeman
Good afternoon Ms, Goggin,
I'd like to appeal this denial.
Rule 16 relates to defendant discovery and does not apply to the Tennessee Open Records Act. This, however, is a public records request unrelated to defendant or discovery in this matter.
Additionally, the only exception to disclosure in Rule 16 is subsection (a)(2) which limits the disclosure of work product of the state to defendant. We are not seeking any work product and merely wish to release as a public record the video and incident reports that are not work product.
To be clear, we seek this information for public consumption and not for the benefit of defendant for discovery and Rule 16 does not apply and there is no privilege contained in Rule 16 for the District Attorney to assert.
The Department of Homeland Security is the custodian of this record and not the District Attorney according to T.C.A. § 10-7-503(a)(1)(C).
Based on the foregoing, we request that you reconsider this request because, as you know, the burden of proof rests on the person having custody of the records to show why public access should not be allowed. See T.C.A. § 10-7-505(c). If a court determines that the government entity knowingly and willfully refused to disclose a public record, it may, in the discretion of the judge, assess all reasonable costs involved in obtaining the record, including attorney’s fees, against the governmental entity. T.C.A. § 10-7-505(g).
Thank you,
Kent Hoover, a citizen of Tennessee, in coordination with Frank Freeman.
From: Tennessee Highway Patrol
The appropriate way to appeal a denial is not to the department. See Tenn. Code Ann. § 10-7-505. As stated in the letter, you are also free to discuss the Rule 16 privilege with the District Attorney General’s office prosecuting the case. Moreover, the Department is subject to the limitations of the Rule 16 privilege regarding the relevant evidence in this ongoing criminal prosecution. See Tennesseean v. Metro. Gov’t of Nashville, 485 S.W.3d 857 (2016).
Best,
[cid:image001.png@01DA0CE2.0AF791B0]
Ms. Casey Goggin | Senior Associate Counsel
Legal Division
Tennessee Tower, 25th Floor
312 Rosa L. Parks Ave.
Nashville, TN 37243
o. 615-532-7679
c. 615-630-2931
Casey.Goggin@tn.gov<mailto:Casey.Goggin@tn.gov>
This e-mail message and any attachment contain information that may be legally privileged and confidential from the Legal Office of the Department of Safety. If you are not the intended recipient, you must not review, transmit, convert to hard copy, use or disseminate this e-mail or any attachments to it. If you have received this email in error, please immediately notify us by return e-mail or by telephone at 615-630-2931 and delete this message. Receipt by anyone other than the intended recipient is not a waiver of the attorney- client or work product privilege.
From: Tennessee Highway Patrol
Good morning,
Please see the response furnished on October 23, 2023.
Thank you,
[cid:image001.png@01DA0E33.16B67C30]
Ms. Casey Goggin | Senior Associate Counsel
Legal Division
Tennessee Tower, 25th Floor
312 Rosa L. Parks Ave.
Nashville, TN 37243
o. 615-532-7679
c. 615-630-2931
Casey.Goggin@tn.gov<mailto:Casey.Goggin@tn.gov>
This e-mail message and any attachment contain information that may be legally privileged and confidential from the Legal Office of the Department of Safety. If you are not the intended recipient, you must not review, transmit, convert to hard copy, use or disseminate this e-mail or any attachments to it. If you have received this email in error, please immediately notify us by return e-mail or by telephone at 615-630-2931 and delete this message. Receipt by anyone other than the intended recipient is not a waiver of the attorney- client or work product privilege.
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