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FOIA For Photos (Originally Re: Cop Incident)

Posted by Nilet on Thu Nov 22 01:27:46 2007, in response to ROBBED BY A COP— PROPERTY DESTROYED!, posted by Nilet on Sun Apr 29 20:42:32 2007.

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Yeah, it's a many-months-old necropost, but it's regarding the same topic, so it kinda belongs in the same thread. This topic isn't quite up to internet speed, though.

Anyway, I have no additional news regarding whether or not the cops who deleted all the photos and such will be held responsible for their actions. However, I have an update regarding the recovery of the photos themselves.

I called Investigator Cody about whether or not I could have the photos back. Mr. Cody said that he couldn't officially tell me whether they even recovered anything at all due to strict nondisclosure rules for open investigations. Making the educated guess that they had something (given that the memory card was not reformatted and only barely overwritten), I asked whether I could get the photos. At first, he was unsure; the nondisclosure rules are very strict about the release of evidence in investigations, but the photos were my property and technically available to me by running an undelete of my own.

Eventually, Mr. Cody said that he couldn't give me the photos that were undeleted from the memory card, and that if I wanted them, I would have to file a Freedom of Information Act (FOIA) request. This is annoying.

Given that very little seems to be happening regarding the CCRB (at least as far as I can tell), I'm starting to give more consideration to suing the cops and/or the police department. I'd have to consult with a lawyer, of course, though.

Even if it's unlikely that I'd be able to win much of a case, it might be worthwhile to sue anyway because filing a suit would allow me to subpoena things that would be useful as evidence, such as the cops' record books/incident reports from our "encounter" and - perhaps - the photos the CCRB is disinclined to release.

In any case, Terrapin, please don't overwrite the memory card for now. I'll let you borrow one of my cards if you really need the space.

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