Danielle Cretacci Murder - 111 Ebling Ave, Tonawanda, NY 14150 - Tonawanda Town Police Report - TWO YEAR FOLLOW UP SINCE INITIAL DENIAL
| Tracking # |
19-935433 Capt. Moore Denial 3-21-24 |
| Submitted | March 18, 2024 |
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Communications
From: The Riford Family
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
SENT VIA FAX TO 716-879-6644 on 3/18/2024
1.) Any and all Tonawanda Town Police Department reports, complaints & narratives on August 27, 2019, at the following address: 111 Ebling Ave, Tonawanda, NY 14150.
If redactions are made, please redact in the color black. Please note, on April 4, 2022, I placed the same request which was denied by TOT Captain Thomas Moore citing "highly classified information". Several years have passed. Perhaps this "highly classified information" is now declassified and available for public inspection.
The incident has been extensivley covered by the media, as such, is in the greater public's interest.
https://www.wivb.com/news/local-news/person-of-interest-identified-in-connection-to-cretacci-murder/
https://www.wivb.com/news/young-mothers-final-posts-gave-no-clue-before-murder/
https://www.wivb.com/news/buffalo-man-in-custody-is-suspect-in-a-tonawanda-homicide/
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 5 business days, as the statute requires.
Sincerely,
The Riford Family
From: Muckrock Staff
Hello,
Please find the request form attached. Thank you for your help with this request.
Sincerely,
MuckRock
From: Tonawanda Town Police Department
Please see attached denial letter.
From: The Riford Family
Michael Kooshoian, Esq.
2919 Delaware Ave.
Room 2
Kenmore, NY 14217
Dear Mr. Michael Kooshoian,
I hope this letter finds you well. I am writing to appeal the denial of my request for access to any and all Tonawanda Town Police Department reports, complaints & narratives on August 27, 2019, at the following address: 111 Ebling Ave, Tonawanda, NY 14150, as per Town of Tonawanda Police Department correspondence dated 03/21/2024.
While I appreciate the response provided by the Town of Tonawanda Police Department, I respectfully disagree with the decision to withhold access to the requested records based on the exemption cited under New York State Public Officers Law Article VI, Section 87.2(e)(ii). This exemption purportedly allows for the withholding of records if their release could potentially deprive a person of a right to a fair trial or impartial adjudication.
However, I believe that the public interest in transparency, accountability, and oversight of governmental activities outweighs the exemption cited by the Town of Tonawanda Police Department. Access to information regarding the conduct of public agencies, particularly in matters of law enforcement, is crucial for promoting trust and confidence in the administration of justice.
I respectfully request that the Town of Tonawanda Police Department reconsider its decision to completely withhold access to the requested records. I believe that there may be ways to balance the Town of Tonawanda Police concern with the public's right to access information under the Freedom of Information Law (FOIL).
It is well-established in New York case law that the right of access to government records, as provided under the Freedom of Information Law (FOIL), is fundamental to the principles of transparency, accountability, and democratic governance. In Matter of Westchester Rockland Newspapers v. Kimball (50 NY2d 575), the court emphasized that FOIL embodies a strong public policy favoring open government and the disclosure of public records, except where specific exemptions apply to protect legitimate interests.
Courts have consistently recognized the importance of balancing the public's right to access government records with other legitimate interests. In Matter of Fink v. Lefkowitz (47 NY2d 567), the court held that FOIL exemptions must be narrowly construed, and agencies must demonstrate a particularized and specific justification for withholding records.
In Matter of Gould v. New York City Police Department (89 NY2d 267), the court reiterated that exemptions under FOIL are to be narrowly interpreted, and the agency must provide detailed, fact-specific justifications for denying access to requested records. The court emphasized that a blanket assertion of exemption without sufficient explanation is insufficient to justify withholding records from public disclosure.
Furthermore, in Matter of Gould v. New York City Police Department (89 NY2d 267), the court emphasized that FOIL exemptions should be narrowly interpreted, and agencies should make every effort to provide access to non-exempt portions of records. The court stated that redaction is an appropriate method for balancing the public's right to access government records with other legitimate interests.
Case law in New York State supports the principle that government agencies may release records with redactions to exclude exempt information while still providing access to non-exempt portions of the records. In Matter of Encore College Bookstores, Inc. v. Auxiliary Service Corporation of the State University of New York at Farmingdale (87 AD3d 1374), the court held that agencies are obligated to disclose all reasonably segregable, non-exempt portions of requested records, even if redaction is necessary to protect exempt information.
In light of the above legal principles and precedents, I respectfully request that the Town of Tonawanda Police Department reconsider its decision to completely withhold access to the requested records. The Town of Tonawanda Police Department should redact and release the police reports, complaints and narratives.
Sincerely,
The Riford Family
From: The Riford Family
SENT VIA FAX TO (716) 875-9948
Michael Kooshoian, Esq.
2919 Delaware Ave.
Room 2
Kenmore, NY 14217
Dear Mr. Michael Kooshoian,
I hope this letter finds you well. I am writing to appeal the denial of my request for access to any and all Tonawanda Town Police Department reports, complaints & narratives on August 27, 2019, at the following address: 111 Ebling Ave, Tonawanda, NY 14150, as per Town of Tonawanda Police Department correspondence dated 03/21/2024.
While I appreciate the response provided by the Town of Tonawanda Police Department, I respectfully disagree with the decision to withhold access to the requested records based on the exemption cited under New York State Public Officers Law Article VI, Section 87.2(e)(ii). This exemption purportedly allows for the withholding of records if their release could potentially deprive a person of a right to a fair trial or impartial adjudication.
However, I believe that the public interest in transparency, accountability, and oversight of governmental activities outweighs the exemption cited by the Town of Tonawanda Police Department. Access to information regarding the conduct of public agencies, particularly in matters of law enforcement, is crucial for promoting trust and confidence in the administration of justice.
I respectfully request that the Town of Tonawanda Police Department reconsider its decision to completely withhold access to the requested records. I believe that there may be ways to balance the Town of Tonawanda Police concern with the public's right to access information under the Freedom of Information Law (FOIL).
It is well-established in New York case law that the right of access to government records, as provided under the Freedom of Information Law (FOIL), is fundamental to the principles of transparency, accountability, and democratic governance. In Matter of Westchester Rockland Newspapers v. Kimball (50 NY2d 575), the court emphasized that FOIL embodies a strong public policy favoring open government and the disclosure of public records, except where specific exemptions apply to protect legitimate interests.
Courts have consistently recognized the importance of balancing the public's right to access government records with other legitimate interests. In Matter of Fink v. Lefkowitz (47 NY2d 567), the court held that FOIL exemptions must be narrowly construed, and agencies must demonstrate a particularized and specific justification for withholding records.
In Matter of Gould v. New York City Police Department (89 NY2d 267), the court reiterated that exemptions under FOIL are to be narrowly interpreted, and the agency must provide detailed, fact-specific justifications for denying access to requested records. The court emphasized that a blanket assertion of exemption without sufficient explanation is insufficient to justify withholding records from public disclosure.
Furthermore, in Matter of Gould v. New York City Police Department (89 NY2d 267), the court emphasized that FOIL exemptions should be narrowly interpreted, and agencies should make every effort to provide access to non-exempt portions of records. The court stated that redaction is an appropriate method for balancing the public's right to access government records with other legitimate interests.
Case law in New York State supports the principle that government agencies may release records with redactions to exclude exempt information while still providing access to non-exempt portions of the records. In Matter of Encore College Bookstores, Inc. v. Auxiliary Service Corporation of the State University of New York at Farmingdale (87 AD3d 1374), the court held that agencies are obligated to disclose all reasonably segregable, non-exempt portions of requested records, even if redaction is necessary to protect exempt information.
In light of the above legal principles and precedents, I respectfully request that the Town of Tonawanda Police Department reconsider its decision to completely withhold access to the requested records. The Town of Tonawanda Police Department should redact and release the police reports, complaints and narratives.
Sincerely,
The Riford Family
From: The Riford Family
SENT VIA EMAIL TO: mkooshoian@tonawanda.ny.us
Dear Mr. Kooshoian,
Please advise on the status of my foil appeal, which was sent out on 4/11/2024. An identical appeal copy was also faxed to your office on 4/17/2024. Thank you.
From: Tonawanda Town Police Department
A letter stating that the request appeal has been rejected.
