Tuesday, May 1, 2012

Gloucester Officials Ignore Freedom Of Information Requests.


Gloucester Officials Ignore Freedom Of Information Requests.




Since March of this year, 2012, we have been filing with Gloucester County, requests for information under the Freedom Of Information Act. To date, we are being ignored and are now on our third request for the same information. The information being sought regards a search warrant that was issued in Gloucester County back during the month of May of 2010. Here is a jpg image of the search warrant as given to the defendant. What is also interesting is that the Daily Press on Sunday, April 29th did a story on an Author Stonewalled On Court Records Request in the Crime and Legal Issues Notebook section of the paper.  This story is reprinted here under the fair use doctrine.
(Click Image To Enlarge)


To be 100% fair. Our first request was in writing at the Gloucester County courthouse with the Gloucester County clerks office. We requested the affiant affidavit because the defendants state they never received this with the copy of the search warrant. If this is true, the search warrant was invalid and the search is considered an illegal raid. Please see VA Code Ann 19.2-56 below. Also requested was any and all calendar schedules for and or showing any scheduling of the search on the search warrant in question. The written request was for a search warrant File Number 10.45. I knew that the search warrant file number was not valid but this is what Gloucester County had written in the File Number section of the search warrant. I wanted a letter showing that this file number was invalid.

By the way, I had to hand write the request and was not given the usual form for this request. The filing of this request was witnessed. On the date this request was filed, one of the clerks who only had a couple of minutes to look up information before leaving told me that there were 3 pages of affiant information and two affiant's. I already knew this but was not sharing that part of the information. I was later told that the county had 10 days to respond to this request and asked how I wanted it sent. I requested that the information be sent via US mail. 

Va code ann 19.2 56
View more documents from Chuck Thompson





VA Code 19.2-55



VA Code 19.2-59


After 5 days of the written request, I did get a phone call from the Gloucester County clerks office where this request was made. I have a time and date stamped recording of the phone call along with the message that was left. The message was to call the clerks office and the phone number to the clerks office. I wanted a letter so I did not call back.

After 14 days had passed, allowing for extra days for mail delivery, I had no response on this request at all other than that one phone call. So then I went on line and filed the FOIA (Freedom Of Information Act) form at the Gloucester County web site. The form if filled out on line will not retain the information typed in there for the requested information. It boots that part out. So I had to create my own form using theirs. I sent it via email that gives a digital time and date stamp, to the person listed as the main contact for these forms. Christi Lewis is the Gloucester County contact person. I filed this pretty late at night and it was received and responded to on April , 2012. Here is a jpg of the email I received. .



And Who Received This Copy?





Here is a copy of the form I sent requesting said information.

County of Gloucester
Request for Public Records Pursuant to the
Virginia Freedom of Information Act (FOIA)
In order for the County of Gloucester to accurately process your request for public records under
FOIA, please provide the following information to help us assist you.
Date of Request: _April 11th__________________ Time of Request: ___N/A____________
Person Submitting Request:
__Chuck_Thompson____________________________________________________
Mailing Address: Removed for privacy.
______________________________________________________________________________
City Hayes State VA Zip Code 23072
Telephone Number(s) for Contact: Removed for privacy._ ____________
I understand that I will be charged for copying costs and may be assessed for the administrative time
utilized to search for the documents or data requested. A current schedule of costs is available upon
request. (Agreed)
I request that all charges for supplying the records I have requested be estimated in advance. I also
understand that if charges are expected to exceed $200, I will be required to pay estimated charges in
advance. (Agreed)
Description of Public Records Requested:
Any and all affiant information in regards to a search warrant, file number 10:45 signed by one Gloria
Owens. Said search warrant is against one (Removed for Privacy) dated May 3rd, 2010 in regards to a criminal
case. Any and all documentation regarding any and all evidence of each affiant of which there are two,
Any and all evidence to include any and all digital and or other forms of photography, any and all
video, and any and all voice recordings. Any and all calendar schedules of advance notice for said
search to take place whether from Gloucester County Sheriff's office, Animal Control and or from any
said court.
Any and all meta data and or meta tags showing date of creation in the county court computer systems,
date of creation, time of creation and by whom created and in what office for said search warrant.
Said request is made this 11th day of April, 2012 in the County of Gloucester and is filed via email to
the address listed below to one clewis@gloucesterva.info . Said request is the second request made for
said information with a waiting period of over 12 days with no response. 1st request was made at the
Gloucester County Court house and was in writing at said location and dated March 23rd, 2012.
RETURN COMPLETED FORM TO:
Freedom of Information Compliance Officer
Gloucester County Department of Community Education
P.O. Box 1306, Gloucester, VA 23061
Telephone (804) 693-5730 Fax: (804) 693-0509 Email: clewis@gloucesterva.info
RECEIVING DEPARTMENT/OFFICE
Person & Department Receiving Request: ___________________________________________
Request Received: ___ In Person ___ By Phone ___ In Writing (includes e-mail & attach to form)
FOIA OFFICER USE ONLY
Date Request Received by FOIA Office: ________________
Response Type: ___ Granted ___ Partial ___ Denied ___ Extension Requested & Date:
__________
Response Sent/Provided Date: _____________________
Specific Information Provided: _____________________
Specific Charges and Payment: _____________________ Revised 9.08



As of today, May 1st, 2012, I have now filed a 3rd request for this same information. 


County of Gloucester
Request for Public Records Pursuant to the
Virginia Freedom of Information Act (FOIA)
In order for the County of Gloucester to accurately process your request for public records under
FOIA, please provide the following information to help us assist you.
Date of Request: _May 1st, 2012 (Third Request)________________ Time of Request: ___N/A____________
Person Submitting Request:
__Chuck_Thompson____________________________________________________
Mailing Address: _
______________________________________________________________________________
City Hayes State VA Zip Code 23072
Telephone Number(s) for Contact: _ _____________
 I understand that I will be charged for copying costs and may be assessed for the administrative time
utilized to search for the documents or data requested. A current schedule of costs is available upon
request. (Agreed)
 I request that all charges for supplying the records I have requested be estimated in advance. I also
understand that if charges are expected to exceed $200, I will be required to pay estimated charges in
advance. (Agreed)
Description of Public Records Requested:
Any and all affiant information in regards to a search warrant, file number 10:45 signed by one Gloria
Owens. Said search warrant is against one dated May 3
rd
, 2010 in regards to a criminal
case. Any and all documentation regarding any and all evidence of each affiant of which there are two,
Any and all evidence to include any and all digital and or other forms of photography, any and all
video, and any and all voice recordings. Any and all calendar schedules of advance notice for said
search to take place whether from Gloucester County Sheriff's office, Animal Control and or from any
said court.
Any and all meta data and or meta tags showing date of creation in the county court computer systems,
date of creation, time of creation and by whom created and in what office for said search warrant.
Said request is made this 11
th
day of April, 2012 in the County of Gloucester and is filed via email to
the address listed below to one clewis@gloucesterva.info . Said request is the second request made for
said information with a waiting period of over 12 days with no response. 1
st
request was made at the
Gloucester County Court house and was in writing at said location and dated March 23
rd
, 2012.

This is a third request for the above information and is dated May 1st, 2012. To date all requests have been ignored.


RETURN COMPLETED FORM TO:
Freedom of Information Compliance Officer
Gloucester County Department of Community Education
P.O. Box 1306, Gloucester, VA 23061
Telephone (804) 693-5730 Fax: (804) 693-0509 Email: clewis@gloucesterva.info
RECEIVING DEPARTMENT/OFFICE
Person & Department Receiving Request: ___________________________________________
Request Received: ___ In Person ___ By Phone ___ In Writing (includes e-mail & attach to form)
FOIA OFFICER USE ONLYDate Request Received by FOIA Office: ________________
Response Type: ___ Granted ___ Partial ___ Denied ___ Extension Requested & Date:
__________
Response Sent/Provided Date: _____________________
Specific Information Provided: _____________________
Specific Charges and Payment: _____________________ Revised 9.08



The second request was given 12 days for a response along with extra days for last minute mailings. In other words, I gave Gloucester County the benefit of the doubt. This was not ignored by one party in Gloucester County, but instead it has been ignored by multiple parties in Gloucester County as evidenced by Christi Lewis' email to me on who she sent my requests to. One has to assume at this point that maybe there is something to hide here? In upcoming stories on this case, we will show that there is in fact a lot to hide, in our opinion. We have a lot of questions and now we are producing a lot more questions and so should you. Our next article is going to deal with the actual search warrant itself and we are going to go over the Virginia laws as it applies to search warrants and in particular this search warrant. We think you will agree with our opinion that the search warrant issued was totally false, misleading and illegal. See our story, Gloucester County Producing False And Illegal Search Warrants?

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