Virginia Beach police department FOIA request re: Edmund Langevin, III

Shane Bauer filed this request with the Virginia Beach Police Department of Virginia Beach, VA.
Status
Rejected

Communications

From: Michael Morisy

To Whom It May Concern:

Pursuant to the Virginia Freedom of Information Act, §2.2-3704 et seq., I am requesting an opportunity to inspect or obtain copies of public records that refer to Edmund F Langevin, III. Langevin is a licensed bail bondsman who has been accused of sexual misconduct with one of his clients, named Kacey Vasquez. Langevin later was known to have shot a client who was attempting to flee. News reports say the client was unarmed. I would like to review all documents that relate to Mr. Langevin and any investigations the police department has conducted regarding him. I am not sure whether Mr. Langevin was ever arrested, but if he was, I would like to review those records as well.

I am a citizen of Virginia.

If there are any fees for searching or copying these records, please inform me if the cost will exceed $20. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of bail bondsmen operating in their communities and the potential dangers represented by this individual. I am a reporter with the Nation Institute and this information is being used for newsgathering purposes. This information is not being sought for commercial purposes.

The Virginia Freedom of Information Act requires a response to this request be made within five business days. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records.

Please note that 9-11 tapes qualify as public records per a. Code Ann. § 2.2-3706.(A), (B).

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

David Pardo

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 25, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Daniel J. Fiore

An electronic response was sent last week. I have attached the response letter to this email.

From: MuckRock

Hello,

Two requests were submitted -- a response was sent for the request regarding Kacey Vazquez but not for Edmund F Langevin, III, which received no response.

Thank you.

From: Daniel J. Fiore

I understand that. The second request was a duplicate request made by Shane Bauer. He submitted one request to my Department directly, the second identical request was submitted through Muckrock. I looked at both requests and since they were identical I did not reply to the second request.

From: Shane Bauer

Hello,

This request was submitted by David Pardo. You are required to provide responses to all requests. Please provide a response to this request, as required under the Virginia public records law.

Thank you.

From: Daniel J. Fiore

This request is an exact duplicate of a request filed by Shane Bauer. The only difference is the one line where Mr. Pardo asserts he is resident of Virginia. I replied to Mr. Paro's request and forwarded you a copy of that reply.

State Code 9.1-101 defines these records as Criminal History. State Code 19.2-389 stated who may receive criminal history records. There is no allowance for a reporter to view criminal history records, regardless of your residency status. Once again, your request for criminal records is denied.

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