Shirley Pigott MD
301 Woodway
Victoria, Texas 77904
February 25, 2010
Jennifer C. Cohen
Assistant General Counsel
Texas Dept. of Public Safety
(512) 424-2890
Ms Cohen,
Thank you for your timely first response to my earlier inquiry made February 20th. If you meant it as some sort of explanation for your refusal to comply, however, I don't consider it adequate.
Kindly address me as a physician in any future correspondence. I am uncomfortable with your familiarity.
Please consider this letter as a second notice of formal request for information under the Freedom of Information Act and the Texas Open Records Act, the Public Information Act, chapter 552 of the Government Code. I consider your deliberate delay to be obstruction of justice.
I am not prepared to provide you with any legal opinion about the applicability of a direct order from Federal Judge Keith Ellison to DPS to provide an individual with requested information under open government laws. I believe you are prohibited by law from providing me with a legal opinion either, as only the Office of the Texas Attorney can fulfill that public role formally. So rather than you and I discuss whether or not DPS is obligated by state or federal law to comply with state or federal law, let's defer to an opinion from his office. No doubt you would take the position that you don't have to do anything I ask, because your doing so might implicate DPS in criminal coverup. You can argue that with Attorney General Abbott, but please don't bother me with it.
I am concerned that you are attempting to mislead me as to confidentiality laws. Since you have not disclosed anything to me which is not public information, it is my decision whether or not I may disclose it to third parties. We apparently disagree on this as well, so kindly and promptly please seek an opinion from the Office of the Attorney General. Until you have the opinion in hand, I ask that you remove your threatening footnotes.
My understanding of the role of a General Counsel for a government agency is to keep your agency from violating applicable laws. Please inform me if you do not consider that to be your role with DPS.
This is a resubmission of the same request I made earlier with my emphasis that your time to comply is running out. Considering the conduct of the officers involved, it is urgent that we remind this department of its duty with respect to investigations.
Sincerely,
Shirley Pigott MD
www.texasmedicalboardwatch.com
www.texasphoenix007.blogspot.com
http://www.scribd.com/Shirley%20Pigott%20MD
On Mon, Feb 22, 2010 at 11:44 AM, OGC Webmaster
Ms. Pigott,
The Department of Public Safety General Counsel is Stuart Platt; however, I will be coordinating the response to your below request. Initially, please note that the federal Freedom of Information Act (5 U.S.C. Ch. 552) applies to federal agencies, not to state agencies. The Texas Public Information Act (PIA) (Gov't Code Ch. 552) applies to governmental bodies in this state, and your request will be considered under this act.
Further, the Department does not have a single custodian of all records. Rather, the section which originally generates the requested records is generally the custodian of such records. As a matter of clarification, please be advised that the Department does not certify documents, nor do we provide business records affidavits. If you wish to authenticate documents for admission in court, please submit a subpoena to the custodian of the requested records.
Additionally, the injunction attached to your request was issued in the case of Keith Wayne Schmidt v. DPS. It does not appear to be related in any way to the incident for which you are seeking information. Please clarify how this injunction is related to your request.
Jennifer C. Cohen
Assistant General Counsel
Texas Dept. of Public Safety
(512) 424-2890
This e-mail, including any attached files, may contain confidential and privileged information for the sole use of the intended recipient. Any review, use, distribution, or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive information for the intended recipient), please contact the sender by reply e-mail and delete all copies of this message.
From: Shirley Pigott MD [mailto:shirleypigottmd@gmail.com]
Sent: Monday, February 22, 2010 11:10 AM
To: PIO - Texas DPS; Bonnie Kaderka Texas Medical Board Open Records
Subject: Re: Freedom of information requests concerning DPS Officers Alfred Ochoa and Daniel Terronez, and the events of September 29, 2007
Dear Ms Block,
Please consider this letter as a formal request for information under the Freedom of Information Act and the Texas Open Records Act, the Public Information Act, chapter 552 of the Government Code.
Kindly identify the individual who is DPS custodian of open records and who is the DPS General Counsel that will review my request.
TIME IS OF THE ESSENCE. Thank you for your immediate time and attention in this matter.
Sincerely,
Shirley Pigott MD
On Mon, Feb 22, 2010 at 10:30 AM, PIO - Texas DPS
Thank you for your open records request. I have forwarded it to the DPS General Counsel’s office, and they will send a response within 10 business days. For more information on the Public Information Act, please see Chapter 552 of the Texas Government Code, available at http://www.statutes.legis.state.tx.us/Docs/GV/pdf/GV.552.pdf.
Respectfully,
Texas Department of Public Safety
Public Information Office
From: Shirley Pigott MD [mailto:shirleypigottmd@gmail.com]
Sent: Saturday, February 20, 2010 1:41 AM
To: PIO - Texas DPS
Cc: Shirley Pigott MD Texas USA
Subject: Freedom of information requests concerning DPS Officers Alfred Ochoa and Daniel Terronez, and the events of September 29, 2007
Dear Ms Block:
Please consider this letter as a formal request for information under the Freedom of Information Act and the Texas Open Records Act, the Public Information Act, chapter 552 of the Government Code.
On the night of September 29, 2007, I was stopped by DPS Officer Alfred Ochoa, ostensibly for speeding 9 mph over the posted speed limit. Unbelievably, events ensued which led to felony indictments against me being issued on January 8, 2008. The evening of January 7, 2008, my husband of 39 years, a professor of organic chemistry at Victoria College, who, I believe, had been warned in advance of the outcome, committed suicide.
Judge Randy Clapp granted me a motion to compel the production of a certified true, correct, and complete copy of the video, but the Wharton County DA gave me an uncertified copy which lacked the first few seconds or minutes.
DPS is required both by federal and state law to provide me with the evidence I have requested. I have attached an order issued by Federal Judge Keith Ellison which makes it clear that DPS must comply with the law in this situation.
DPS videos, as you know, are triggered to begin when an officer turns on his lights and siren. The video I received begins with dispatch citing my name, which was their response to Officer Ochoa 'running my plates'. The first critical exculpatory moments, which would show Officer Ochoa turning on his lights and siren while tailgating me at 74 mph, are missing.
Under the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with a certified true and correct copy of the first five minutes of the official DPS video, beginning at the beginning, ie, when it was triggered by Officer Ochoa turning on his lights and siren.
Under the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with any and all documents, field notes, transcripts, emails, telephone records, dispatch records, memoranda, dispatch tapes, audio tapes, video tapes, CDs or DVDs, written or recorded statements, or any other evidence concerning the incident with Officer Ochoa on September 29, 2007, that have come into your possession, including but not limited to any and all files you have in your possession or in the possession of any employee of the Texas DPS.
Pursuant to the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with any and all written policies and procedures or guidelines concerning, guiding, directing, or controlling the Texas DPS Officers which may dictate or suggest the mode and manner of carrying out their duties and expected behavior in dealing with or addressing the public during a traffic stop. This request is for the written policies and procedures or guidelines that were applicable and in effect on September 29, 2007.
Pursuant to the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with the complete personnel file concerning or pertaining to Officers Ochoa and Daniel Terronez.
Pursuant to the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with the complete employment and disciplinary file concerning or pertaining to Officer Ochoa and Officer Daniel Terronez.
Pursuant to the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with copies of any and all documents, photographs, images, emails, memoranda, letters, written communications, videotapes, audio recordings, or digital recordings of any kind showing, reflecting, or evidencing the scene, activities, or events in or surrounding any concern, inquiry, report, or complaint filed against Officer Ochoa or Terronez or any of the other officers, supervisors, deputies, or other employees of the Texas DPS who came in contact with me on September 29, 2007.
Pursuant to the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with a list all traffic stops, including warnings or citations made by Officers Ochoa or Terronez in the history of their employment at DPS where the alleged speed was less than 10 mph in excess of the posted speed limit.
This request is for any documents or tangible evidence that you may have or that you may have the ability to secure in performing your duty to investigate the conduct and actions of Officers Ochoa and Terronez. I must remind you that it is a crime to destroy or hide any of the exculpatory evidence requested herein or to advise, assist, or coach any other person to destroy or secret exculpatory evidence. Your proper role as an investigator, consistent with your legal obligation to afford the accused the presumption of innocence, is to secure, protect, and preserve all of the evidence, including any and all exculpatory evidence. Considering the conduct of the officers involved, it is urgent that we remind this department of its duty with respect to investigations.
If you refuse to comply with this request, then immediately explain your refusal to do so.
TIME IS OF THE ESSENCE. Thank you for your immediate time and attention in this matter.
Very truly yours,
Shirley Pigott MD
Texas Medical Board Watch
Texas Phoenix 007
361-894-6464 home
361-652-9474 cell
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