Illinois (ECWd) –
On April 1, 2015 the Illinois Attorney General’s Public Access Counselor issued a determination regarding a Freedom of Information request submitted for review almost 3 years ago.
In an effort to share with the public the events surrounding the attempted cover up of criminal activity by the former Gun Running Sheriff Tim Crippes and his deputies (Edgar County Fast & Furious), I asked the Illinois State Police for certain records. These records surrounded the investigation of his jailers who were having sex with inmates.
The ISP ignored the request until after the deadline for compliance, then claimed compliance was unduly burdensome, costly, and violated the dignity of the victims.
I filed a request for review with the Attorney General’s PAC office and pointed out 9 separate violation issues. Their office then notified the ISP and asked for them to submit the records for their review among other things.
The ISP ignored the AG’s PAC and never supplied them with the requested records!
The most amazing response submitted by the ISP in defense of their defenseless violations was citing section 4(a)(l) of the Rights of Crime Victims and Witnesses · Act; which provides that crime victims have the right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.”
The reason I reference that as the most amazing part of their entire response is two fold: First, because The Rights of Crime Victims and Witnesses Act does not specifically prohibit the disclosure of any information – it merely states a general principle that the privacy rights of victims and witnesses should be respected. It does not suggest that those undefined privacy rights outweigh the specific disclosure requirements of FOIA. Second, I wrote directly on point regarding Dignity, or the lack of it in this county. Read EACH of them below to get the WHOLE picture of what this county is infected with!
(Dignity? I want to vomit! ) (Dignity? Part II) (Resign with your dignity? Part III) (Dignity? Part IV) (Jailers-GUILTY!)
The AG’s PAC found in my favor and stated the ISP had failed to sustain its burden of demonstrating that the responsive records are exempt from disclosure. They went on to instruct the ISP to provide the records.
Where are we in our society when the top Law Enforcement Agency in the state (Illinois State Police) can simply ignore the Freedom of Information Act as well as ignore the Attorney General PAC office during the legal process of reviewing the citizen’s right to records?
Is the ISP refusal or failure to comply with providing the records to the AG not official misconduct? Who polices the police? Any bets that the ISP simply ignores the instructions from the AG?
Citizen’s rights continue to erode and it will only get worse if we don’t have leaders step up and demand accountability to our laws for everyone – to include law enforcement!
[gview file=”https://edgarcountywatchdogs.com/wp-content/uploads/2015/04/AG-Response-on-ISP-FOIA.pdf” save=”1″]
10 Comments
Angela
Posted at 18:58h, 06 FebruarySo glad I read this online. I was about to sit around and wait for the Public Access Counselor’s office to issue a determination related to a denial by the Illinois State Police (requesting a roster of all currently employed ISP employees), but I can see now that I’ll probably get nowhere going that route. Can you believe that the ISP deny requests for rosters of employees because (oh ‘fraidy cats) they are worried about such lists falling into the hands of those with malicious intent? Please! It’s dangerous enough just showing up in a uniform every day. Yet these baby wussy scaredy cats are too terrified to simply release a roster of NAMES? Good God. And I’m supposed to feel safe with these bozos protecting me? Seriously considering just moving OUT of Illinois in the future. Forget open records laws. Agencies won’t even abide by such laws and the AG’s Public Access Counselor takes forever to issue their largely useless, non-binding opinions. If anyone is thinking of moving to Illinois…DON’T. Don’t even consider it. The State is an absolute joke and its state police are big wussy babies too scared to release some names.
Angela Mason
Posted at 13:44h, 09 AprilExpect it. I’ve never seen such protected group as ISP. I’m still battling with them over a FOIA from almost two years ago. We’re going to have to expend money in order to get it resolved, I know. And then we’ll have to battle for our money back. If there’s any group Rauner needs to address quickly and decisively, it’s ISP.
Chris M. Gaines
Posted at 23:30h, 07 AprilDoes our Illinois State Police operate with impunity? Why no consequences for their illegal actions in disregarding our Illinois law? Are they above our laws they supposedly enforce against us, the citizens of our communities, We the People of our state? Do the ends justify their means? Who allows this to continue? We all do. Take responsibility over our public servants, demand charges be filed, prosecute them accordingly (State’s Attorney’ in Illinois), sue them civilly as well,… relentlessly take action NOW, today! Or expect more of the same, tomorrow, it’s business as usual in Illinois as we expect, the status quo.. right? Blue Code of Silence protects them(law enforcement), and our justice system (judges) does toO obviously. One hand washing the other. Public Corruption We the People pay for NOT them ever, We do always. It’s obviously not fair and erodes public trust in all our government agencies because of this public corruption. Get MORE informed. Get MORE involved. Take action today, quit denying our responsibility and power as a free society still to “watch the watchmen”. We the People is who police’s the police. They won’t regulate or investigate themselves legitimately, obviously. History proves that fact. They “serve and protect” themselves and their families and friends within the good ol’ boy network nationwide ( and within secret societies) not ALL of us, We the People who pay their salaries and fund their bloated annual budgets year after year. Things are not as they appear in public as in private behind closed doors and in back rooms and secret deals. Be aware of that, please. Resist the status quo! Resistance NOT revolution. Take money out of the equation and that is the solution.
Impunity arises from a failure of the State to meet their obligations to investigate criminal or civil violations to the law; to take appropriate measures in respect of the perpetrators, particularly in the area of justice, by ensuring that those suspected of criminal or civil responsibility are prosecuted, tried and duly punished; to provide victims with effective remedies and to ensure that they receive reparation for the injuries suffered; to ensure the inalienable right to know the truth about violations; and to take other necessary steps to prevent a recurrence of violations. Source: Wikipedia
Kirk Allen
Posted at 22:47h, 07 AprilThe victims rights only applies during the judicial phase. That was all over so it does not apply. AG is done with it. Now we will have to sue to get the records if they dont give them up, which I dont think they will.
Chris M. Gaines
Posted at 22:24h, 07 AprilThe very concept of public trust is undermined when people are not held accountable. The deterrent effect for future violations does not exist because those violating the public trust know they will never be held accountable. I charge each and every citizen, public official, and public employee to take a stand. Do what is right, not what is easy. It is not too late, it is never too late.Dr. Livingston Smith, when he said during an international conference on the media’s role in exposing public corruption:“[The media role is in] fostering a climate of public opinion which regards the corrupt, however rich and powerful they may be, with the contempt they deserve.” source: IllinoisLeaks.com
jmkraft
Posted at 22:44h, 07 Aprilapparently I sent my FOIA to the wrong person. The State’s Attorney and Sheriff now have it.
Rory Steidl
Posted at 20:36h, 07 AprilDoes this surprise you? Could they not have redacted all identifying information about the victims – which they are required by policy, and probably required by law to do, anyway? So, what was the AG’s response to their final nose thumbing? You can bet the ISP Legal contacted the AG’s Legal and discussed it.
IllinoisCitize1
Posted at 15:02h, 07 AprilIllinois State Police thumbs nose at Attorney General and FOIA law! http://t.co/ArQc02PE6C
Dave
Posted at 14:43h, 07 AprilPretty much shows we live in a fascist police state….
ECWDogs
Posted at 14:15h, 07 AprilIllinois State Police thumbs nose at Attorney General and FOIA law! http://t.co/H5kwq6Jp2s