Calling all Websleuthers Interested in the LISK Case

[Seaslug44]

Part of the reason why the 911 system works is that citizens are aware that their privacy will be protected when they report a crime or an emergency using the system. The government has an obligation to safeguard the integrity of that trust. 911 recordings are privileged and confidential. FOIL or no FOIL, the public does not have the right to receive copies of those recordings without the express permission of the people who made the calls or without a judge ordering the release.

Also, ME reports are medical records. The public does not have a right to view the medical records of complete strangers.

I know that some of you will try to debate this. All I can say is good luck with your FOIL requests. You will be waiting for about a year to learn that you are requesting information that is not within your right to obtain.

 

[Justiceforever]

Part of the reason why the 911 system works is that citizens are aware that their privacy will be protected when they report a crime or an emergency using the system. The government has an obligation to safeguard the integrity of that trust. 911 recordings are privileged and confidential. FOIL or no FOIL, the public does not have the right to receive copies of those recordings without the express permission of the people who made the calls or without a judge ordering the release.

Also, ME reports are medical records. The public does not have a right to view the medical records of complete strangers.

I know that some of you will try to debate this. All I can say is good luck with your FOIL requests. You will be waiting for about a year to learn that you are requesting information that is not within your right to obtain.

I beg to disagree...but don't have the time right now! Well I guess I do but not the energy nor desire to debate this. You have the right to your opinion which is what it is. I do however think you are correct about the ME report as it is a medical record and therefore not the publics right to know.

 

[Justiceforever]

http://www.firstamendmentcenter.org/tag/911-tapes
From what I gather
It depends the state and or the judge.

 

[Justiceforever]

I understand this is a contentious debate that ALOT of people have strong feelings and opinions about. I don't one way or another usually. In this instance however since the police have claimed SG wasn't murdered...then it in no way impedes an investigation. I think in this case it IS the publics right to know because there IS a serial killer on the loose.

 

[mysterymom7]

Part of the reason why the 911 system works is that citizens are aware that their privacy will be protected when they report a crime or an emergency using the system. The government has an obligation to safeguard the integrity of that trust. 911 recordings are privileged and confidential. FOIL or no FOIL, the public does not have the right to receive copies of those recordings without the express permission of the people who made the calls or without a judge ordering the release.

Also, ME reports are medical records. The public does not have a right to view the medical records of complete strangers.

I know that some of you will try to debate this. All I can say is good luck with your FOIL requests. You will be waiting for about a year to learn that you are requesting information that is not within your right to obtain.

All due respect, I've spent the past 2 days reading the current statutes and case law on the subject, and I am well within my rights. If I wasn't, I wouldn't have wasted my time. *IF* I am denied access (which I expect), I can and will appeal. It is the SCPD who will have the burden of proof that it falls under the specific exemptions of denial.

For further information on your "Right to Know",
http://www.dos.ny.gov/coog/Right_to_know.html

 

[HeinekenMan]

I wasn't aware that her body has not been released to family. Have they given a reason? Is it a precaution designed to make her body readily available if they discover some potential angle to explore regarding her death and/or the deaths of others tied to the LISK?

 

[Justiceforever]

If I were a resident of LI who was also an escort, I would certainly want a right to know. Lets say all I've ever heard were reports that SG drowned. I might feel safe going out to Oakbeach to make money. If I heard something on those tapes that might make me weary of the occupants of that house or neighborhood, than I could make an informed choice whether to go there or not! I can already hear some people thinking that the best choice is to not be in a high risk business. To that I say don't blame the victims. Lets say I was A window washer for skyskrapers...sure its risky but if I wasn't informed about a possible structure collapse that was known about in advance...I might unknowingly take a job that makes my already risky profession and turns it into my demise. J/S

 

[Justiceforever]

19 and counting MM! That's what I call proactive! We can sit around all day and spout theories ...its time to ACT! PROACTIVE! LInative props are due to you too! Giving people something that they can do to make a difference whoo hoo!! Truth if I am on the East coast at the time of your mass pilgrimage count me in as well! I travel coast to coast!

 

[mysterymom7]

I wasn't aware that her body has not been released to family. Have they given a reason? Is it a precaution designed to make her body readily available if they discover some potential angle to explore regarding her death and/or the deaths of others tied to the LISK?

The body is being held until the family can get an independent ME.

 

[mysterymom7]

19 and counting MM! That's what I call proactive! We can sit around all day and spout theories ...its time to ACT! PROACTIVE! LInative props are due to you too! Giving people something that they can do to make a difference whoo hoo!! Truth if I am on the East coast at the time of your mass pilgrimage count me in as well! I travel coast to coast!

Now 25! Her mom, sister and aunt have signed and shared. I hope we can pull this off for them!

 

[fred&edna]

The body is being held until the family can get an independent ME.

So if I'm understanding this correctly... the ME's office that currently has the body is NOT refusing to release, it is simply that they are waiting until the family has a medical examiner to do further testing?

 

[hawkshaw]

Hawk, I love your input, but this is WAAAAAY off topic. Lol

If I can do nothing but to showa you people that it is ALL connected. Trust me they have a Plan B. If Spota didn't run or couldn't run, or dropped dead they have a guy in waiting that makes him look Saint Augustus.

You seem to forget that Spota inserted himself directly into this investigation with his comments and remarks. If you understand the process you would understand he got into the case well before he should have. He needs to control the investigation. He doesn't seem to learn what his role is in these cases. Check out the case of Sentosa Nurses. Spota jumps in as an investigator when he should have waited. Crazy stuff that I can't understand, but it is there and he is being sued personally by the nurses in federal court.

Everything is lined up for Mr.Spota and his cronies: He and his Boy Toy got rid of Levy. Put that fool from Babylon in as CE. Bellone then hires on James Burke as Chief of Department of SCPD. In effect, Burke runs the investigation because he is the BOSS. Webber is a distraction.

Do you want to do a FOIL? Foil the personnel folder of Chief James Burke. Put the rumors to rest once and for all. Is he or was he charged with sex crimes against prostitutes? Try and get it and see if you can find it.

If you don't think that is spot on.......well............you will never understand what makes it all tick.

What I am trying to do is give you the back stories as to why the corruption continues and why SCPD cannot be counted on to do a propler investigation.

 

[mysterymom7]

So if I'm understanding this correctly... the ME's office that currently has the body is NOT refusing to release, it is simply that they are waiting until the family has a medical examiner to do further testing?

Exactly. I only know this to be true because I specifically asked SG's mom last night.

 

[Just K]

http://www.firstamendmentcenter.org/tag/911-tapes
From what I gather
It depends the state and or the judge.

Exactly, just look at the Trayvon Martin Case in Sanford, Florida...another locality with a long colorful history of corruption. In that case, the witness names were redacted from the 911 calls. It is not that difficult to get a judge to rule in favor of releasing the 911 calls and LE reports with the stipulation that the callers and witnesses names be redacted.

In reference to the ME report...Shannan Gilbert is dead just like Trayvon Martin and in his case the ME's report is completely visible...with the exception of any identifying information as to witnesses...

 

[mysterymom7]

If I can do nothing but to showa you people that it is ALL connected. Trust me they have a Plan B. If Spota didn't run or couldn't run, or dropped dead they have a guy in waiting that makes him look Saint Augustus.

You seem to forget that Spota inserted himself directly into this investigation with his comments and remarks. If you understand the process you would understand he got into the case well before he should have. He needs to control the investigation. He doesn't seem to learn what his role is in these cases. Check out the case of Sentosa Nurses. Spota jumps in as an investigator when he should have waited. Crazy stuff that I can't understand, but it is there and he is being sued personally by the nurses in federal court.

Everything is lined up for Mr.Spota and his cronies: He and his Boy Toy got rid of Levy. Put that fool from Babylon in as CE. Bellone then hires on James Burke as Chief of Department of SCPD. In effect, Burke runs the investigation because he is the BOSS. Webber is a distraction.

Do you want to do a FOIL? Foil the personnel folder of Chief James Burke. Put the rumors to rest once and for all. Is he or was he charged with sex crimes against prostitutes? Try and get it and see if you can find it.

If you don't think that is spot on.......well............you will never understand what makes it all tick.

What I am trying to do is give you the back stories as to why the corruption continues and why SCPD cannot be counted on to do a propler investigation.

Unfortunately, a personnel file would fall under the privacy exemption. Thanks for the clarification of your post.

 

[Justiceforever]

Now 25! Her mom, sister and aunt have signed and shared. I hope we can pull this off for them!

I saw that almost all of the signitures are family and frnds so you clearly have their support

 

[mysterymom7]

Exactly, just look at the Trayvon Martin Case in Sanford, Florida...another locality with a long colorful history of corruption. In that case, the witness names were redacted from the 911 calls. It is not that difficult to get a judge to rule in favor of releasing the 911 calls and LE reports with the stipulation that the callers and witnesses names be redacted.

In reference to the ME report...Shannan Gilbert is dead just like Trayvon Martin and in his case the ME's report is completely visible...with the exception of any identifying information as to witnesses...

Thank you! I lived in Sanford at the time of the TM case, so I am all too familiar with what can/can't be done with a FOIL request. Florida has the most open laws regarding FOIL. It doesn't mean that when the time for appeal comes that I couldn't have an in camera redaction by a judge... in NY. I've studied this the past 2 days (and now today) to be sure the law is on my side, and it is. I'm building an appeal already as that is what I expect considering the automated response I received by SCPD records assessor, "There may be a delay of 12 to 15 months..." Legally, they have 20 business days from my receipt of the acknowledgement that my request was received. October 26 is 20 business days from that acknowledgement. On that day, I will exhast my right to an administrative appeal. 10 business days later is the time limit for my request and then I can go to the court of appeals.

You see, I've done my homework...

 

[mysterymom7]

I beg to disagree...but don't have the time right now! Well I guess I do but not the energy nor desire to debate this. You have the right to your opinion which is what it is. I do however think you are correct about the ME report as it is a medical record and therefore not the publics right to know.

A ME report can be released, just not the results of toxicology.

 

[hawkshaw]

I was a police officer for 29 years and have no objection to anyone looking at my personnel folder as regarding complaints, investigations, or instances that may be relevant to my employment. There may even be entries of a negative nature that I was not made aware of.

What is the governing law in NYS - Public Off Law 52? Yeah, that only works for THEM, not for YOU.

We had a retired SCPD LT as a witness. He retired with 30 years with Honor. They dredged up his IAB record going back 30 years. Some of the charges he honestly didn't remember. What is good for the GOOSE is not good for the GANDER.

The DA had one LT that had received 18 complaints in less than 5 years in the PD. One complaint that was never made is when a judge threw out a burglary case because he believed the LT (then a PO) had tortured the man by knockiing out his teeth and suspending him by his arms rear cuffed. That fellow named Freeman would get 85K from Suffolk County. This BUM testified. Do you think his personnel record should have been available for a credibility issue.

 

[mysterymom7]

I was a police officer for 29 years and have no objection to anyone looking at my personnel folder as regarding complaints, investigations, or instances that may be relevant to my employment. There may even be entries of a negative nature that I was not made aware of.

What is the governing law in NYS - Public Off Law 52? Yeah, that only works for THEM, not for YOU.

We had a retired SCPD LT as a witness. He retired with 30 years with Honor. They dredged up his IAB record going back 30 years. Some of the charges he honestly didn't remember. What is good for the GOOSE is not good for the GANDER.

The DA had one LT that had received 18 complaints in less than 5 years in the PD. One complaint that was never made is when a judge threw out a burglary case because he believed the LT (then a PO) had tortured the man by knockiing out his teeth and suspending him by his arms rear cuffed. That fellow named Freeman would get 85K from Suffolk County. This BUM testified. Do you think his personnel record should have been available for a credibility issue.

That's why I'm researching case law and compiling a list which can help my FOIL request. Some of the case law I've read was challenged in Supreme Court and the petitioner's request was upheld. Those cases will be extremely helpful. I still haven't found any case law about 911 calls, but have found some on videos and recordings of witness interviews that had an in camera court review and only names/addresses were redacted.