part 2.records request to west valley city police and pierce county sheriff's department

8/2/2019 Part 2.Records Request to West Valley City Police and Pierce County Sheriff's Department

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STAFFORD FREY COOPERPROFESSIONAL CORPORATION

601 Unon Street, Sute 3100 Seattle, WA 98101-1374 (206) 623-9900 FAX (206) 624-6885April 26, 2012

VIA FACSIMILE, E-MAIL AND U.S. MAIL

Chief Thayle "Buzz" NielsenWest Valley City Police Department3575 South Market StreetWest Valley City, UT 84119Sheriff Paul PastorLESA Records945 Tacoma Avenue SouthTacoma, WA 98402

RE: Request for RecordsDear Chief Nielsen and Sheriff Pastor:

This law firm represents the Estate of Susan Cox Powell and her family inpotential litigation in which they may seek civil redress in connection with Susan'sdisappearance on December 6, 2009.Pursuant to our clients' rights under Utah's Government Records Access and

Management Act (GRAMA) and Washington's Public Records Act (PRA), we arerequesting complete copies of any and all investigative files concerning thedisappearance of Susan Cox Powell, which we understand are in the possession,custody and control of the West Valley City Police Department and the Pierce CountySheriffs Office.

There is no doubt that between the intent of RCW 7.69, Crime Victims, Survivorsand Witnesses and RCW 42.56, Public Records Act, public disclosure laws provide forproduction of your investigative files. Although public disclosure laws exempt somepolice investigative files from disclosure, the exemption applies only where disclosurewould compromise the investigation or violate an individual's right to privacy. Neitherfactor is at issue here. The investigation into the disappearance of Susan Cox Powellhas been a joint agency investigation between West Valley City Police and the PierceCounty Sheriffs Department. We believe Washington law applies to our request aswelL.

Anne M. Bremner Dr Tel: (206) 667-8270 Dir Fax: (206) 748-9001 abremnerrgstaffordfrey.com ww.staffordfrey.com909068x ADMITIED IN Washngton


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Chief Thayle "Buzz" NielsenWest Valley City Police DepartmentSheriff Paul PastorPierce County Sheriff's DepartmentApril 26, 2012Page 2

A violation of privacy is not at issue in this situation because we have beenretained by Susan Cox Powells heirs to represent Susan Cox Powell's Estate and herfamily in any potential litigation in which they may seek civil redress; we are bound tomaintain the protections of the attorney-client privilege. Furthermore, we are seeking theinformation to further our representation, not for release to other parties or the generalpublic.With regard to compromising the investigation, release of these records wouldnot imperil either department's ability to investigate Susan's disappearance. Rather,release of the information we are seeking would further the interests of justice becauseit would allow us to better represent our client, the victim in this case.Both Utah and Washington have enacted victims' rights acts that seek to involvethe victims of violent crimes in the judicial process; in so doing, both states haveextended rights of access to the victims of the crimes police are investigating. Underboth states' Victims' Rights Act, "the rights extended... to victims and witnesses ofcrime are honored and protected by law in a manner no less vigorous than protectionsafforded criminal defendants." The ability of victims to access the records related to thecrimes by which they were victimized falls squarely within the intent of the both acts.We are aware that your agencies have declined to release records to membersof the news media. The media's interest is different from our interest, and your decision

not to release records to reporters should not have any bearing on your decision torelease records to us. We are interested in the information contained in the investigativefiles in order to further our ability to adequately represent the family and estate of SusanCox PowelL. We are not seeking the information for broad dissemination to the generalpublic.To that end, our GRAMA and PRA records request forms are enclosed. Ourrequest includes, but is not limited to, all incident reports, detective follow-up reports,forensic analysis reports, evidence records, evidence receipts, officer and civilianwitness statements, audio and video recordings, surveillance tapes, photographs, andwritten summaries and transcripts of any and all interviews of witnesses, suspects or

person of interest.Additionally, this records request is intended to include all written and electroniccommunications, reports and information transmitted to or received from any other lawenforcement agency in connection with the disappearance of Susan Cox PowelL.


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Chief Thayle "Buzz" NielsenWest Valley City Police DepartmentSheriff Paul PastorPierce County Sheriff's DepartmentApril 25, 2012Page 3

This records request is also intended to include all written and electroniccommunications, meeting agendas and minutes, memos, correspondence, reports andinformation transmitted to or received from the Salt Lake County District Attorney'sOffice, the Pierce County Prosecutor's Office, the West Valley City Mayor's Office andthe West Valley City CounciL.

We ask for a determination of this request within ten (10) days of receipt. If youdetermine that some but not all of the information is exempt from disclosure and thatyou intend to withhold it, I ask that you redact the information for the time being, releasethe remainder of the information, and provide an exemption and redaction log.If I can provide any clarification that will help expedite this request, pleasecontact me or my paralegal, Dori Mashburn at (206) 623-9900.Please forward a statement for duplication charges and we will promptly remitpayment.

Very truly yours,STAFFORD FREY COOPERCo oration

Anne M. BremnerAMB/dmEnclosurecc: Mike Winder, MayorEric Bunderson, City AttorneyPaul Isaac, Assistant City ManagerSim Gill, Salt Lake County District Attorney


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Case #~l0546_Q2WEST VALLEY CITY POLICE DEPARTMENTRECORDS REQUEST3575 S. Market St.West Valley City, UT 84119(801) 963-3226

LAST NAME: BREMNEK__ FIRST: ANNE M.I. MADDRESS:.__JINTON STREET CITY:----- SEATTLE ST:--ZIP: 98101SOC SEC #:___ _____ _______ DATE OF BIRTH: (MM/DDIYYYY): / /

(THOUGH NOT REQUIRED, SUCH INFORMATION MAY BE NECESSARY TO LOCATE THE DESIRED RECORDS)DAYTIMEPHONE#:( 206) 623 9900 HOME#:( )CELL #:( DATE OF REQUEST: APRIL 26 +-..lIlE:RECORDS REQUESTED: (case numbers, if possible)

SEE EmTACHED LETTER Total # of ReportsREASON WHY I AM REQUESTING THESE RECORDS: ATTORNEY REPRESENTING THE-- FAMILY AND ESTATE OF SUSAN COX POWELL.* * * * * * * * * * ** * ** * * * ** ** * * * * * * * * * * * * * * * ** * * ** * ** * * * ** * * * **

PLEASE READ THE FOLLOWING BEFORE SIGNING THIS REQUESTYour request for records wil be processed in accordance with the requirements of the Government RecordsAccess Management Act (GRAMA), 63-2-101 et. Seq., Utah Code. Your request wil be handled as soonasreasonably possible, but may take up to ten business days to be grantedThe records that may be provided to you, subsequent to your request, may contain information that isclassifed as "Protected", and wil be edited in accordance with GRAMA and may on~v be disclosed undercertain circumstances. 63-2-2-2 (U.C.A.) 1 understand that there is no charge to view a recordI agree to pay a reasonable fee to cover t actual cost of research and duplicating a record if copies arerequested, a minimum of $10.00 pe ort.;'Requester's Signature:* * * * * * ** * * * ** ** * ** * * * * * ** ** * ** ** ** * * * * ** ** ** * ** *

part 2.records request to west valley city police and pierce county sheriff's department

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