October 12, 2005

 

Mr. Barry Krischer

State Attorney

Palm Beach County

401 North Dixie Highway

West Palm Beach, Florida 33401

 

 

BY FIRST CLASS MAIL AND FACSIMILE

 

Re: Request for Expedited Production of Public Records

 

 

Dear Mr. Krischer:

 

            On October 4, 2005, we wrote you asking, in part, what steps you would take to determine the source of a recent leak to the news media about your investigative activities.  It appears you ignored Landmark Legal Foundation’s (“Landmark”) letter seeking your assurances. 

 

            Therefore, Landmark issues this request for public records pursuant to the Florida Public Records Act, Ch. 119, Florida Statutes.

 

            This request seeks all telephonic records (including but not limited to cell phone records) in the custody of the State Attorney’s Office (“SAO”) for the County of Palm Beach, or in the custody of any individual working for said office, disclosing telephone calls to or from Messrs. Krischer and Martz, covering the period of March 1, 2004 to October 12, 2005.  This request includes all telephone numbers (including cell phone numbers) of Messrs. Barry Krischer and James Martz.  In addition, it includes all information, regardless of format, including but not limited to bills and invoices, disclosing telephonic communications. 

 

            Moreover, this request seeks copies of all communications in any form between the SAO and any media person or media outlet, covering the period of March 1, 2004 to October 12, 2005, including but not limited to written or audio (e.g., voice mail) communications. 

 

            This request seeks copies of Messrs. Krischer’s and Martz’s calendars, appointment books, schedules, diaries, note pads, and post-it notes, covering the period of March 1, 2004 to October 12, 2005.

 

            This request seeks copies of all electronic communications from or to Messrs. Krischer and Martz, or copied to Messrs. Krischer and Martz, covering the period of March 1, 2004 to October 12, 2005.  This includes, but is not limited to, emails, instant messages, and archives of online meetings.

 

             In addition, this request seeks copies of all expenses incurred by Messrs. Krischer and Martz for which they’ve been reimbursed by the SAO, covering the period of March 1, 2004 to October 12, 2005.

 

Pursuant to Sec. 119.011(1), public records are defined as “all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing, software, or other material, regardless of physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.” 

 

Records of improper or illegal conduct by the SAO and individuals working in said office are not exempt from disclosure. 

 

Pursuant to Sec. 119.07(2)(a), the SAO is required to state with particularity the basis of any decision to withhold any information, in whole or in part.  It provides, in relevant part:

 

He or she shall state the basis of the exemption which he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute, and, if requested by the person seeking the right under this subsection to inspect, examine, or copy the record, he or she shall state in writing and with particularity the reasons for the conclusion that the record is exempt.

 

Moreover, Sec. 119.07(2)(c) provides:

 

Even if an assertion is made by the custodian of a public record that a requested record is not a public record subject to public inspection and examination under subsection (1), the requested record shall, nevertheless, not be disposed of for a period of 30 days after the date on which a written request requesting the right to inspect, examine, or copy the record was served on or otherwise made to the custodian of the record by the person seeking access to the record.  If a civil action is instituted within the 30-day period to enforce the provisions of this section with respect to the requested record, the custodian shall not dispose of the record except by order of a court of competent jurisdiction after notice to all affected parties.

 

Landmark, a 501(c)(3) non-profit legal organization, seeks this information for public dissemination and education.  Landmark agrees to pay the actual cost of duplication as defined in Sec. 119.07(2)(a).  As these records relate to possible prosecutorial misconduct in a pending investigation, Landmark requests that this matter receive expedited consideration and production.

 

Please direct all inquiries and provide all information to Landmark’s Leesburg, Virginia office.

 

Sincerely,

 

 

 

Mark R. Levin

President

 

 CC:     Mr. Steve Yeaw

            Custodian of Record

            Palm Beach County

            401 North Dixie Highway

            West Palm Beach, Florida 33401