FOIA Request for Case-Related Materials - John Battaglia Case

Dear david yupa: Thank you for your interest in public records of the City of Dallas. Your request has been received and is being processed in accordance with Chapter 552 of Texas Government Code, the Public Information Act. Your request was received in this office on 1/12/2025 and given the reference number: D001491-011225 for tracking purposes. Records Requested: To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

I am writing to formally request access to public records under the Freedom of Information Act (FOIA). Specifically, I am requesting any and all records and materials related to the case of

Suspect Name: John Battaglia Case
Description/Headline: John Battaglia executed for killing his daughters despite late appeals
Link of the Article: https://www.texastribune.org/2018/02/01/dallas-man-who-killed-his-daughters-set-again-execution/
state: Texas
Law Enforcement: Dallas Police Department

included but not limited to the following:
Documents:
Incident reports
Investigation reports
Officer statements
Witness statements
Any other relevant case files

Footage:
Body camera footage from officers on the scene
Dash camera footage
Police surveillance camera footage
Private/public surveillance footage from nearby locations
Any footage collected as evidence or during the investigation

Audio:
911 calls
Police radio communications
Any other audio recordings related to the case
Visual Media:
Crime scene photographs
Surveillance stills
Photographs taken during the investigation

Court Records:
Transcripts from court hearings or proceedings
Any video/audio footage from court hearings
Court orders or any other court-related documents

Please include any and all materials, regardless of format (digital or physical), including those not listed above that are related to the case in question.
Additionally, if this request has been sent to the wrong department or agency, I would appreciate it if you could provide guidance or contact information for the correct department or agency that handles such requests.

If any part of the request is denied or redacted, please provide a detailed explanation of the specific legal exemption that applies.
Thank you for your attention to this matter. I look forward to your timely response within the period mandated by FOIA.

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 10 business days, as the statute requires.

Sincerely,

david yupa

Upload documents directly: https://www.muckrock.com/ Your request will be sent to the relevant City department(s) to locate the information and determine any costs that may be due. You will receive an email when your request has been completed. If your request is received on the weekend or after business hours, it will be processed the next business day. You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Again, thank you for using the Public Records Center. Please note: Requests needing video files will be given a completion date between 180 - 360 days after final payment is received. To monitor the progress or update this request please log into the Public Records Center Dallas Police Department

Track the issue status and respond at: https://dallastx.govqa.us/WEBAPP//_rs/RequestEdit.aspx?rid=409928

--- Please respond above this line ---
01/22/2025 david yupa Dear david yupa: We have received your public information request for " To Whom It May Concern:dated

Pursuant to the Texas Public Information Act, I hereby request the following records:

I am writing to formally request access to public records under the Freedom of Information Act (FOIA). Specifically, I am requesting any and all records and materials related to the case of

Suspect Name: John Battaglia Case
Description/Headline: John Battaglia executed for killing his daughters despite late appeals
Link of the Article: https://www.texastribune.org/2018/02/01/dallas-man-who-killed-his-daughters-set-again-execution/
state: Texas
Law Enforcement: Dallas Police Department

included but not limited to the following:
Documents:
Incident reports
Investigation reports
Officer statements
Witness statements
Any other relevant case files

Footage:
Body camera footage from officers on the scene
Dash camera footage
Police surveillance camera footage
Private/public surveillance footage from nearby locations
Any footage collected as evidence or during the investigation

Audio:
911 calls
Police radio communications
Any other audio recordings related to the case
Visual Media:
Crime scene photographs
Surveillance stills
Photographs taken during the investigation

Court Records:
Transcripts from court hearings or proceedings
Any video/audio footage from court hearings
Court orders or any other court-related documents

Please include any and all materials, regardless of format (digital or physical), including those not listed above that are related to the case in question.
Additionally, if this request has been sent to the wrong department or agency, I would appreciate it if you could provide guidance or contact information for the correct department or agency that handles such requests.

If any part of the request is denied or redacted, please provide a detailed explanation of the specific legal exemption that applies.
Thank you for your attention to this matter. I look forward to your timely response within the period mandated by FOIA.

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 10 business days, as the statute requires.

Sincerely,

david yupa

Upload documents directly: https://www.muckrock.com/ 1/12/2025". Please log in to the Records Center to retrieve the appropriate response. The information you requested contains the following confidential information and/or information that is excepted from disclosure under section 552.021 of the Texas Government Code: [ ] The home address, home telephone number, emergency contact information, social security number, and/or family member information of a public employee or official.  As allowed by section 552.024 of the Texas Government Code, this public employee or official has chosen to make this personal information confidential.  Under section 552.024 of the Texas Government Code, our office is prohibited by law from releasing this personal information to you, and therefore we have removed this information from the enclosed information we are providing to you. [ ] Section 552.117: Confidentiality of Certain Addresses, Telephone Numbers, Social Security Numbers, and Personal Family Information. The 87th Legislature passed five different bills, Senate Bills 56, 841 and 1134 and House Bills 1082 and 3607, amending section 552.117 of the Government Code. Section 552.117 excepts from required public disclosure. (1) a current or former official or employee of a governmental body, except as otherwise provided by Section 552.024; (2)  a current or honorably retired peace officer as defined by Article 2.12, Code of Criminal Procedure, or a current or honorably retired security officer commissioned under Section 51.212, Education Code, regardless of whether the officer complies with Section 552.024 or 552 as applicable; (3) a current or former employee of the Texas Department of Criminal Justice or of the predecessor in function of the department or any division of the department, regardless of whether the current or former employee complies with Section 552.1175; [ ] A motor vehicle operator’s or driver’s license or permit issued by an agency of this state or another state or country; or a motor vehicle title or registration issued by an agency of this state or another state or country; or a personal identification document issued by an agency of this state or another state or country or a local agency authorized to issue an identification document.  This information is confidential under section 552.130 of the Texas Government Code.  Our office is prohibited by law from releasing this information to you, and therefore we have removed this information from the enclosed information we are providing to you. [ ] Litigation Exception. This information is confidential under section 552.103 of the Texas Government Code. Our office is prohibited by law from releasing this information to you. [ ] An e-mail address of a member of the public provided for the purpose of communicating electronically with a governmental body is confidential under section 552.137 of the Texas Government Code and has been removed pursuant to Attorney General Open Records Decision No. 684 (2009). [ ]  A credit card, debit card, charge card, or access device number that is collected, assembled, or maintained by or for a governmental body.  This information is confidential under section 552.136 of the Texas Government Code.  Our office is prohibited by law from releasing this information to you,   and therefore we have removed this information from the enclosed information we are providing to you. [ ] Social security numbers of living persons are excepted from the requirements of section 552.021 of the Texas Government Code.  Under section 552.147 of the Texas Government. Our office is prohibited by law from releasing this information to you, and therefore we have removed this information from the enclosed information we are providing to you. [ ]  Dates of birth are excepted from disclosure under sections 552.101 and/or 552.102 of the Texas Government Code. Pursuant to a previous determination from the Office of the Attorney General, the city has removed this information from the enclosed information we are providing to you (Open Records Letter Ruling No. 2017-09757 (2017). [ ] W-4 forms are confidential and have been removed under section 552.101 of the Texas Government Code pursuant to Attorney General Open Records Decision No. 684 (2009). [ ] Form I-9 Employment Eligibility Certification and all attachments are confidential and have been removed under section 552.101 of the Texas Government Code pursuant to Attorney General Open Records Decision No. 684 (2009). [ ] Military discharge records are confidential and have been removed under section 552.140 of the Texas Government Code pursuant to Attorney General Open Records Decision No. 684 (2009). [ ] The home address, home telephone number, emergency contact information, social security number, and family member information of certain individuals, when that information is held by a governmental body in a non-employment capacity.  As allowed by section 552.1175 of the Texas Government Code, this public employee, official, or peace officer elected to keep this personal information confidential.  Under section 552.1175 of the Texas Government Code, our office is prohibited by law from releasing this personal information to you, and therefore we have removed this information from the enclosed information we are providing to you. [ ] Direct deposit authorization forms are confidential and have been removed under section 552.101 of the Texas Government Code pursuant to Attorney General Open Records Decision No. 684 (2009). [ ] Certified agendas and tapes of closed meetings are confidential under section 552.101 of the Texas Government Code in conjunction with Section 551.104 of the Texas Government Code and have been removed pursuant to Attorney General Open Records Decision No. 684 (2009). [ ] An originating address of a 9-1-1 caller furnished to the department by a service supplier established in accordance with chapter 772 of the Health and Safety Code under section 552.101 of the Government Code in conjunction with section 772.318 of the Health and Safety Code is confidential and has been removed pursuant to a previous determination from the Office of the Attorney General (Open Records Letter Ruling No. 2011-18466 (2011)). [ ] Personal information in a customer’s account record and any information relating to the volume or units of utility usage or the amounts billed to or collected from the individual for utility usage of confidential water account customers is confidential under section 552.101 of the Texas Government Code in conjunction with section 182.052 of the Utilities Code.  Under section 552.101 of the Texas Government Code, our office is prohibited by law from releasing this information to you, and therefore we have removed this information from the enclosed information we are providing to you. [ ] Section 261.201(a) applies to a report of and information used or developed in an investigation of suspected abuse or neglect538 of a child539 and the identity of the individual who made the report of abuse or neglect. 540 Section 261.201(h), however, states section 261.201 does not apply to investigations of abuse or neglect in a home or facility regulated under chapter 42 of the Human Resources Code, such as a childcare facility.541 [ ] Section 58.008(b) applies only to the records of a child533 who is alleged to have engaged in delinquent conduct or conduct indicating a need for supervision.534 Section 58.008 applies to records created before, on, or after September 1, 2017. 535 Section 58.008(b) does not apply where the information in question involves a juvenile as only a complainant, witness, or individual party and not a juvenile as a suspect or offender. Section 58.008(b) applies to entire law enforcement records; therefore, a law enforcement entity is generally prohibited from releasing even basic information from an investigation file when section 58.008(b) applies. [ ] Section 552.108 excepts from required public disclosure four categories of information: 1) information the release of which would interfere with the detection, investigation, or prosecution of crime or law enforcement; 2) information relating to an investigation that did not result in a conviction or deferred adjudication.  3) information relating to a threat against a peace officer or detention officer collected or disseminated under section 411.048; and 4) information that is prepared by a prosecutor in anticipation or in preparation for criminal litigation or that reflects the prosecutor’s mental impressions or legal reasoning. [ ] Requestor consents to the redaction of information that is subject to the mandatory exceptions, provided such redactions are clearly labeled on the information you receive. You were not required to agree to redaction of any information. Since you agreed to redactions in this request and the city is redacting mandatory exceptions based on consent, then you may request the redacted information in a future, new request. [ ] Requestor consents to the redactions of information that is subject to discretionary exceptions, provided such redactions are clearly labeled on the information you receive. You were not required to agree to the redaction of any information. Since you agree to reactions in this request and the City is redacting discretionary exceptions based on consent, then you may request the redacted information in a future, new request. [ x ] Normally, we must request a ruling from the Texas Attorney General before we can withhold some of the information you requested.  However, sections 552.136 (Account Access), 552.101 (Common Law-Confidential Information), 552.102 (Confidentiality of Certain Personnel Information), 552.137 (Confidentiality of Certain E-Mail Addresses), 159.002 (Medical Records), 552.147 (Social Security), 411.090 (Criminal History), 772.218/772 (Originating telephone numbers and addresses of 9-1-1 callers), 560.065 Transportation code (Accident Reports), 552.130 (Motor Vehicle), 552.127 (Crime Watch), 552.1085 (Confidentiality of Sensitive Crime Scene Image) llow us to withhold this specific information without requesting a ruling from the attorney general.  We have also received previous determinations that allow us to withhold some of the requested information pursuant to Attorney General Open Records Decision No. 684 (2009) and Open Records Letter Ruling No. 2017-09757 (2017). You have the right to appeal our decision to withhold some of the information from you. Instructions for appeal are at the end of this letter.  If you do not want to appeal, you do not need to do anything else. We will process the rest of your request for information in accordance with the terms of the Public Information Act. Respectfully, DPD - Open Records Phone: 214-671-3148 How to appeal the withholding of information under Gov’t Code sections 552.024, 552.1175, 552.130, and 552.136: If you wish to appeal the withholding of information discussed on the previous page, you must send the following to the attorney general: 1) a signed, written statement indicating your wish to appeal the withholding of information; 2) the name of the governmental body that withheld information from you; 3) the date you made your original request for information; and 4) a copy of your original request for information, or if you are unable to provide a copy, a description of your original request for information. You may also submit written comments stating why you think the information should be released to you, but you are not required to do so. Send your appeal by mail to the attorney general at: Open Records Division P.O. Box 12548 Austin, Texas 78711-2548 Within forty-five business days after receiving all of the above-listed items necessary to file your appeal, the attorney general will issue a written ruling on the matter.  You will receive a copy of this ruling in the mail. “Our Product is Service” Empathy | Ethics | Excellence | Equity