Request for Transparency in the Andrew James Smith Case

MuckRock News
DEPT MR 146407
263 Huntington Ave
Boston, MA 02115

Date: July 8, 2023

Bucks County District Attorney's Office
55 East Court Street
Doylestown, PA 18901

Attn: FOIA Officer

Subject: Freedom of Information Act (FOIA) Request – Records related to Andrew James Smith case

Dear FOIA Officer,

Under the provisions of the Freedom of Information Act (FOIA), 5 U.S.C. § 552, I hereby request access to and copies of all records held by the Bucks County District Attorney's Office pertaining to the case of Andrew James Smith, as reported in the article "HALFONT MAN SENTENCED FOR MAKING RACIST, THREATENING COMMENTS ON SOCIAL MEDIA VIDEO" on March 24th, 2021.

I request the following records:

Court Documents:
a) Charging documents: Please provide the complaint or indictment filed against Andrew James Smith, including any supporting affidavits or statements submitted.
b) Plea agreement: If applicable, please provide a copy of the plea agreement entered into between the prosecution and Andrew James Smith.
c) Sentencing memorandum: Please provide the sentencing memorandum prepared by the prosecution, which may include information regarding the sentencing recommendations and justifications.
d) Exhibits: If any exhibits were submitted during court proceedings, such as video evidence, photographs, or written statements, please provide copies of those exhibits.

Investigative Reports:
a) Reports by Bucks County Detectives: Please provide all investigative reports generated by Bucks County Detectives during their investigation of the case against Andrew James Smith.
b) Reports by Central Bucks Regional Police Department: Please provide all investigative reports generated by the Central Bucks Regional Police Department in connection with the case against Andrew James Smith.
c) Supplemental Reports: If any supplemental reports or updates were prepared during the investigation, please include copies of those reports as well.

Correspondence:
a) Correspondence with Victim's Family: Please provide copies of any emails, letters, or memoranda exchanged between the Bucks County District Attorney's Office and the victim's family regarding the case against Andrew James Smith.
b) Correspondence with Relevant Parties: If there was any correspondence between the Bucks County District Attorney's Office and other relevant parties, such as law enforcement agencies or expert witnesses, please include copies of those communications.

Racial Sensitivity Training Program:
a) Training Program Documents: Please provide any documents or records related to the racial sensitivity training program attended by Andrew James Smith at The Peace Center and Good Shepard Mediation as part of his sentence. This may include program syllabi, training materials, and attendance records.
b) Evaluations and Progress Reports: If available, please include any evaluations, progress reports, or certificates of completion associated with the racial sensitivity training program.

Additional Information:
a) Audio or Video Recordings: If any audio or video recordings were collected as part of the investigation or presented during court proceedings, please provide copies of those recordings.
b) Witness Statements: Please include copies of any witness statements obtained during the investigation.
c) Expert Opinions: If any expert opinions were sought or obtained in relation to the case, please provide copies of those opinions.
d) Evidence Inventory: If an inventory of evidence collected during the investigation was created, please include a copy of that inventory.

In accordance with the FOIA, I kindly request the release of any reasonably segregable non-exempt portions of the requested records, should any portion be deemed exempt from disclosure (5 U.S.C. § 552(b)). If an entire document is exempt, I kindly request a justification for withholding it, citing the specific FOIA exemptions, and provision of an exemption log as per Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973).

To support my request, I would like to cite several relevant state and federal case law that affirm the public's right to access government records under the FOIA:

Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989)
United States Department of State v. Ray, 502 U.S. 164 (1991)
Pennsylvania State Police v. McGill, 574 Pa. 574 (2003)
I firmly believe that the requested records are in the public interest and their disclosure contributes significantly to public understanding of the operations and activities of the government. As an independent investigative journalist associated with TransparencyReport.pw, I respectfully request a fee waiver for the processing of this request.

If the enclosed fee waiver request is not accepted and there are any potential charges in excess of $200 associated with fulfilling my request, please inform me in advance.

I kindly request your response within twenty business days, as required by 5 U.S.C. § 552(a)(6)(A)(i). Please provide the requested records in an electronic format, preferably by email or through a secure online portal, to expedite the process.

Thank you for your prompt attention to this matter.

Sincerely,

Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu
Phone: +1 845-218-0299

Enclosure: Fee Waiver Request Letter

Please be aware: All communications related to this request, including incoming and outgoing communications, will be publicly available on MuckRock.com. Additionally, any correspondence in relation to this request will be instantly published on the platform.

MuckRock News
DEPT MR 146407
263 Huntington Ave
Boston, MA 02115

Date: August 10, 2023

OFFICE OF THE DISTRICT ATTORNEY
BUCKS COUNTY JUSTICE CENTER
100 NORTH MAIN STREET
DOYLESTOWN, PENNSYLVANIA 18901
MATTHEW D. WEINTRAUB
DISTRICT ATTORNEY
(215)348.6344

Attn: RTK Appeals Officer

Re: Right to Know Appeal - RTK 2023-32

Dear RTK Appeals Officer,

I am writing to appeal the denial of my Right to Know Law ("RTKL") request, dated July 8, 2023, seeking records pertaining to the case of Andrew James Smith. Your denial letter, dated August 7, 2023, cited various exemptions under the RTKL and CHRIA.

While I respect the legal constraints that the Bucks County District Attorney's Office operates under, I would like to make the following arguments to support my appeal:

Public Interest: The requested records relate to a case that has received public attention. As an investigative journalist, I believe the information will significantly contribute to public understanding of the government's operations and activities.

CHRIA Exemptions: While certain information may be exempted under CHRIA, 18 Pa.C.S. §9106(c)(4), the law also allows for the discretion of the agency to release such information if it is in the interest of the public. I request that you exercise this discretion in favor of transparency.

Work Product Privilege: The claim of work product privilege should be narrowly applied and only to specific documents that meet the criteria under Commonwealth v. Kennedy, 876 A.2d 939 (Pa. 2005). I request a specific justification for each document withheld under this exemption.

911 Recordings and Police Audio or Video: I understand the restrictions under 42 Pa.C.S. §67A01, et seq., and will direct my request to the relevant law enforcement agency. However, please provide clarification on any additional records that may fall under this category.

Section 705 of the RTKL: If the Bucks County District Attorney's Office does not maintain certain records in the requested format, I ask for guidance on how I can modify my request to obtain the information that is available.

I respectfully request that you review the denial and provide access to the requested records or guidance on how I can modify my request to comply with applicable laws. To support my appeal, I cite the following relevant case law:

Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989)
United States Department of State v. Ray, 502 U.S. 164 (1991)
Pennsylvania State Police v. McGill, 574 Pa. 574 (2003)
If there are any further charges associated with fulfilling my request, please inform me in advance.

Thank you for your prompt attention to this matter. I look forward to your response within the timeline stipulated by the RTKL.

Sincerely,

Jordan Lassiter
Independent Investigative Journalist
TransparencyReport.pw
Email: Jordan@Lassiter.eu
Phone: 1-845-748-0329

cc: MATTHEW D. WEINTRAUB, District Attorney
Enclosure: Copies of Original RTK Request and Denial Letter

Hello can you please provide a update to my appeal