Scorched Earth Record Scorched Earth Record CollectionCollection

Kirsty DavisKirsty Davis

kirsty@gracelaw.org April 2011kirsty@gracelaw.org April 2011

Types of RecordsTypes of Records

Private RecordsPrivate Records Need a release or subpoena.Need a release or subpoena.

Public RecordsPublic Records By request or courthouse By request or courthouse

searches.searches.

Record CollectionRecord Collection

Start immediately,Start immediately, Don’t wait for state to seek death.Don’t wait for state to seek death. Don’t wait for mitigation specialist.Don’t wait for mitigation specialist.

Releases from client and all Releases from client and all family immediately – multiple family immediately – multiple copies.copies.

Easy and cheap but long lead Easy and cheap but long lead time.time.

Records Log & Narrative.Records Log & Narrative.

Rules to followRules to follow

Collect private records with releases, Collect private records with releases, not subpoenas.not subpoenas.

Client’s family – 3 generations.Client’s family – 3 generations. Courthouse searches on every name Courthouse searches on every name

that appears in the file.that appears in the file. Do the digging yourself – Accurint is Do the digging yourself – Accurint is

good for locating a witness, not for good for locating a witness, not for courthouse searches.courthouse searches.

Certification.Certification. No Record? Get it in writing.No Record? Get it in writing.

Personal Records With Personal Records With Release: Client’s RecordsRelease: Client’s Records Medical – all hospitals Medical – all hospitals

from birth to present, free from birth to present, free clinics whether client clinics whether client reports having gonereports having gone

Educational – headstart, Educational – headstart, alternative schools, GEDalternative schools, GED

Mental Health – same Mental Health – same searches as medicalsearches as medical

Rehabilitation – Drug Rehabilitation – Drug TreatmentTreatment

Prison – current case, Prison – current case, ALL previous cases, ALL ALL previous cases, ALL previous arrestsprevious arrests

Probation – adult or Probation – adult or juvenile, community juvenile, community service, parole, required service, parole, required classes (i.e. anger classes (i.e. anger management, etc.)management, etc.)

MilitaryMilitary Financial – Any bank Financial – Any bank

information, propertyinformation, property Welfare/social services – Welfare/social services –

including CPS, Food including CPS, Food stamps, stamps, homeless/domestic homeless/domestic violence shelters, violence shelters, Medicaid, etc.Medicaid, etc.

Social SecuritySocial Security Public HousingPublic Housing Employment - Job Corps, Employment - Job Corps,

pay stubs, applications pay stubs, applications Church or youth groupsChurch or youth groups Birth certificateBirth certificate Dental recordsDental records

Client’s Family – Three Client’s Family – Three GenerationsGenerations Medical – all hospitals Medical – all hospitals

from birth to present, free from birth to present, free clinics whether client clinics whether client reports having gonereports having gone

Educational – headstart, Educational – headstart, alternative schools, GEDalternative schools, GED

Mental Health – same Mental Health – same searches as medicalsearches as medical

Rehabilitation – Drug Rehabilitation – Drug TreatmentTreatment

Prison – current case, Prison – current case, ALL previous cases, ALL ALL previous cases, ALL previous arrestsprevious arrests

Probation – adult or Probation – adult or juvenile, community juvenile, community service, parole, required service, parole, required classes (i.e. anger classes (i.e. anger management, etc.)management, etc.)

MilitaryMilitary Financial – Any bank Financial – Any bank

information, propertyinformation, property Welfare/social services – Welfare/social services –

including, CPS, Food including, CPS, Food stamps, stamps, homeless/domestic homeless/domestic violence shelters, violence shelters, Medicaid, etc.Medicaid, etc.

Social SecuritySocial Security Public HousingPublic Housing Employment - Job Corps, Employment - Job Corps,

pay stubs, applicationspay stubs, applications Church or youth groupsChurch or youth groups Birth certificate/deathBirth certificate/death Dental recordsDental records

How To Get The Records:How To Get The Records: Once know the name of the institute, do a google Once know the name of the institute, do a google

search, look up their number, call them and ask how search, look up their number, call them and ask how to request records.to request records.

Fax rather than mail, get the name of the person to Fax rather than mail, get the name of the person to send it directly to rather than just send it to the send it directly to rather than just send it to the “Records Department” – it’s faster.“Records Department” – it’s faster.

Check whether they require their own release to be Check whether they require their own release to be signed - ADOC Medical Records: The release must signed - ADOC Medical Records: The release must be dated and witnessed. This is accomplished by be dated and witnessed. This is accomplished by requesting a client’s records; ADOC then has a staff requesting a client’s records; ADOC then has a staff member bring the client a release to sign. member bring the client a release to sign.

Use photocopies of releases when possible – they Use photocopies of releases when possible – they will run out.will run out.

Make sure you send a HIPAA release when there Make sure you send a HIPAA release when there may be medical records – not just to medical may be medical records – not just to medical institutes.institutes.

Special Rules for Medical RecordsSpecial Rules for Medical Records

Releases must comply with Health Releases must comply with Health Insurance Portability and Insurance Portability and Accountability Act (HIPAA) Accountability Act (HIPAA)

This includes psychotherapy notes, This includes psychotherapy notes, Medicare and Medicaid, pharmacies, Medicare and Medicaid, pharmacies, and substance abuse facilitiesand substance abuse facilities

http://www.hhs.gov/ocr/hipaa/ http://privacyruleandresearch.nih.gov

/ Often they require original Often they require original

signatures.signatures.

Don’t fear legalese Don’t fear legalese

Demand statutory Demand statutory authority for authority for resistance to resistance to accepting your accepting your release!!!release!!!

What Release Must Include, What Release Must Include, 45 Code of Federal 45 Code of Federal Regulations § 164.508(c)(1)Regulations § 164.508(c)(1):: List of all types of records meant to be List of all types of records meant to be

covered by the release (esp. HIV/AIDS covered by the release (esp. HIV/AIDS information, mental health)information, mental health)

Name of person authorized to make Name of person authorized to make disclosure (i.e. hospital or clinic)disclosure (i.e. hospital or clinic)

Name of person/entity to whom disclosure Name of person/entity to whom disclosure can be made (list defense team members)can be made (list defense team members)

Purpose of the disclosure (“in Purpose of the disclosure (“in representation of Joe Client”)representation of Joe Client”)

Expiration Date (i.e. ten years from the Expiration Date (i.e. ten years from the date signed)date signed)

Signature and DateSignature and Date the date range of the records, even if that the date range of the records, even if that

means birth to presentmeans birth to present

Mandatory Language, Mandatory Language, 45 CFR § 164.508 (c)(2)45 CFR § 164.508 (c)(2)

Individual’s right to revoke Individual’s right to revoke authorization for disclosureauthorization for disclosure

Information regarding possible Information regarding possible re-disclosurere-disclosure

The entire release must be in The entire release must be in plain languageplain language

Special Rules Governing Special Rules Governing Psychotherapy RecordsPsychotherapy Records

Under Under 45 CFR § 164.508 (b45 CFR § 164.508 (b)(ii) you may need separate release you may need separate release for psychotherapy notesfor psychotherapy notes

Courthouse SearchesCourthouse Searches

On EVERY name on your On EVERY name on your People List, includingPeople List, including Dead or AliveDead or Alive Friendly or HostileFriendly or Hostile Witness or NotWitness or Not Victim and FamilyVictim and Family Professional and Lay WitnessesProfessional and Lay Witnesses Even if you think you already Even if you think you already

know the answers, look anyway!know the answers, look anyway!

Courthouse Searches, IICourthouse Searches, II

Re-do Searches Periodically for Re-do Searches Periodically for time period since the last searchtime period since the last search

Coordinate with the Culpability Coordinate with the Culpability phase investigator for efficiency phase investigator for efficiency and take turns doing the entire and take turns doing the entire list at oncelist at once

Ask Attorney to get Order Ask Attorney to get Order signed so that you pay little or signed so that you pay little or nothing for copiesnothing for copies

What is a complete What is a complete courthouse search?courthouse search? Criminal – both state and federal, felony, misdemeanor, Criminal – both state and federal, felony, misdemeanor,

traffic, municipal, Justice of the Peacetraffic, municipal, Justice of the Peace TIP: You want the entire Clerk’s File for every caseTIP: You want the entire Clerk’s File for every case

Civil – both federal and state, property, tax, family Civil – both federal and state, property, tax, family (marriage, child custody, divorce, child support), civil suits (marriage, child custody, divorce, child support), civil suits (car accidents, civil rights suits, etc.), wills & probate, (car accidents, civil rights suits, etc.), wills & probate, bankruptcybankruptcy

Vital Records – birth, death, marriage, name changesVital Records – birth, death, marriage, name changes

Registries – Doing Business As, vehicle taxes, public Registries – Doing Business As, vehicle taxes, public oaths, public adoptionsoaths, public adoptions

Voter registrationVoter registration

Useful Courthouse Websites:Useful Courthouse Websites: Maricopa County (Phoenix): This county has the most Maricopa County (Phoenix): This county has the most

comprehensive and easiest to use search. The following comprehensive and easiest to use search. The following searches can be used for Superior and Justice Courts. searches can be used for Superior and Justice Courts.

Minute Entries: Minute Entries: http://www.courtminutes.maricopa.gov/ Dockets: Dockets:

http://www.superiorcourt.maricopa.gov/docket/index.asp Pima County (Tucson): Pima County (Tucson):

Superior Court Records are generally only searchable at the Superior Court Records are generally only searchable at the courthouse or by employees of the indigent defense officescourthouse or by employees of the indigent defense offices

Some records, including case names and numbers, Some records, including case names and numbers, dockets, and occasionally records from family court and dockets, and occasionally records from family court and other matters may be viewed on the Court Clerk’s other matters may be viewed on the Court Clerk’s website: website: http://www.cosc.co.pima.az.us/home.asp?Include=pages/record_search.htm

Justice Court Dockets: Justice Court Dockets: http://www.jp.pima.gov/casesearch3/http://www.jp.pima.gov/casesearch3/ Tucson City Court Record Search (misdemeanors and Tucson City Court Record Search (misdemeanors and

traffic): traffic): http://cms3.tucsonaz.gov/courts/QDPS/Search/CitySearch.ahttp://cms3.tucsonaz.gov/courts/QDPS/Search/CitySearch.aspxspx

Cont…Cont…

Rural Counties:Rural Counties: Arizona Judicial Branch Public Access to Court Arizona Judicial Branch Public Access to Court

Information: Information: http://apps.supremecourt.az.gov/publicaccess/caselohttp://apps.supremecourt.az.gov/publicaccess/caselookup.aspx?AspxAutoDetectCookieSupport=1okup.aspx?AspxAutoDetectCookieSupport=1

Case dockets are viewable for most county Case dockets are viewable for most county Superior and Justice Courts. Minute entries are Superior and Justice Courts. Minute entries are sometimes available, but not reliably. sometimes available, but not reliably.

Courts of Appeal and Supreme CourtsCourts of Appeal and Supreme Courts View dockets, calendar, party index, and attorney View dockets, calendar, party index, and attorney

index for active cases only: index for active cases only: http://apps.supremecourt.az.gov/aacc/asc/ascmain.hthttp://apps.supremecourt.az.gov/aacc/asc/ascmain.htmm

Prior cases are not viewablePrior cases are not viewable

Public Records RequestsPublic Records Requests Protocols and other institutional Protocols and other institutional

documents on all governmental documents on all governmental entities involved with your client or entities involved with your client or his family in any way at any time:his family in any way at any time:

Welfare, Housing, Social Services, Welfare, Housing, Social Services, Juvenile Detention, TYC, orphanages, Juvenile Detention, TYC, orphanages, Boys Home, Child Protective Services, Boys Home, Child Protective Services, Special Education Programs, Schools, Special Education Programs, Schools, Mental Health providers, public health Mental Health providers, public health providers, hospitals, law enforcement, providers, hospitals, law enforcement, crime labs, probation departments, jails, crime labs, probation departments, jails, prisons, half-way houses, rehab prisons, half-way houses, rehab programs, sex-offender programs, etc., programs, sex-offender programs, etc., etc., limited only by your imagination!etc., limited only by your imagination!

Law Enforcement Files for Every Law Enforcement Files for Every Prior of Anyone on People List Prior of Anyone on People List (including possible snitches) (including possible snitches)

County Law Enforcement (Sheriff’s office)County Law Enforcement (Sheriff’s office) Department of Public Safety (State Troopers)Department of Public Safety (State Troopers) Rangers – Part of DPSRangers – Part of DPS Medical Examiners office - some smaller counties use ME’s from Medical Examiners office - some smaller counties use ME’s from

larger neighboring counties.larger neighboring counties. ToxicologyToxicology Trace EvidenceTrace Evidence HistologyHistology Serology Serology

Crime LabsCrime Labs Possibly same as abovePossibly same as above Photography Photography Centralized Evidence Centralized Evidence

Firearms LabsFirearms Labs

Places to collect records onPlaces to collect records on

Crime SceneCrime Scene All 911 callsAll 911 calls OwnershipOwnership Liens Liens SuitsSuits InsuranceInsurance

Every place your client livedEvery place your client lived 911 calls from the area911 calls from the area CPS recordsCPS records Information about the neighborsInformation about the neighbors Information on the neighborhoodInformation on the neighborhood Ownership of property in the areaOwnership of property in the area

Arizona Public RecordsArizona Public Records Arizona Revised Statutes, Title 39. Public Records, Arizona Revised Statutes, Title 39. Public Records,

Printing and Notices.Printing and Notices. A.R.S. §. A.R.S. §. 39-121.01. Definitions; maintenance of 39-121.01. Definitions; maintenance of

records; copies, printouts or photographs of public records; copies, printouts or photographs of public records; examination by mail; index”records; examination by mail; index”

““Any person may request to examine or be furnished Any person may request to examine or be furnished copies, printouts or photographs of any public record copies, printouts or photographs of any public record during regular office hours or may request that the during regular office hours or may request that the custodian mail a copy of any public record not otherwise custodian mail a copy of any public record not otherwise available on the public body’s web site to the requesting available on the public body’s web site to the requesting person. The custodian may require any person requesting person. The custodian may require any person requesting that the custodian mail a copy of any public record to pay that the custodian mail a copy of any public record to pay in advance for any copying and postage charges. The in advance for any copying and postage charges. The custodian of such records shall promptly furnish such custodian of such records shall promptly furnish such copies, printouts or photographs and may charge a fee if copies, printouts or photographs and may charge a fee if the facilities are available, except that public records for the facilities are available, except that public records for purposes listed in section 39-122 or 39-127 shall be purposes listed in section 39-122 or 39-127 shall be furnished without charge.”furnished without charge.”

Records Available:Records Available:

Basically, anything you can think of Basically, anything you can think of that emanates from a governmental that emanates from a governmental agencyagency

A.R.S. §. A.R.S. §. 39-121.01.39-121.01.: “: “All officers and public All officers and public bodies shall maintain all records, including records bodies shall maintain all records, including records as defined in section 41-1350, reasonably as defined in section 41-1350, reasonably necessary or appropriate to maintain an accurate necessary or appropriate to maintain an accurate knowledge of their official activities and of any of knowledge of their official activities and of any of their activities which are supported by monies from their activities which are supported by monies from the state or any political subdivision of the state.”the state or any political subdivision of the state.”

What is a Public Record?What is a Public Record?

As a general rule, As a general rule, “all records required to be kept under A.R.S. § “all records required to be kept under A.R.S. § 39-121.01(B) are presumed open to the public for inspection as 39-121.01(B) are presumed open to the public for inspection as public records.” public records.” Carlson v. Pima County, 141 Ariz. 487, 491, 687 Carlson v. Pima County, 141 Ariz. 487, 491, 687 P.2d 1242, 1246 (1984). P.2d 1242, 1246 (1984). Section 39-121.01(B), A.R.S., requires all Section 39-121.01(B), A.R.S., requires all officers and public bodies to maintain records, including records officers and public bodies to maintain records, including records defined in A.R.S. § 41-1350, reasonably necessary to provide an defined in A.R.S. § 41-1350, reasonably necessary to provide an accurate accounting of their official activities and of any accurate accounting of their official activities and of any government-funded activities. Section 41-1350, A.R.S., defines government-funded activities. Section 41-1350, A.R.S., defines “records” as all books, papers, maps, photographs or other “records” as all books, papers, maps, photographs or other documentary materials, regardless of physical form or documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or characteristics, including prints or copies of such items produced or reproduced on film or electronic media pursuant to § 41-1348, reproduced on film or electronic media pursuant to § 41-1348, made or received by any governmental agency in pursuance of law made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the policies, decisions, procedures, operations or other activities of the government, or because of the informational and historical value of government, or because of the informational and historical value of data contained therein.data contained therein.

Examples of information available:Examples of information available: a completed a completed report, audit, evaluation, or report, audit, evaluation, or

investigationinvestigation made of, for, or by a governmental made of, for, or by a governmental body, not including pending law enforcement body, not including pending law enforcement investigations; investigations;

the the name, sex, ethnicity, salary, title, and dates name, sex, ethnicity, salary, title, and dates of employmentof employment of each employee and officer of of each employee and officer of governmental body; governmental body;

all working papers, research material, and all working papers, research material, and information used to estimate the need for or information used to estimate the need for or expenditure of public funds or taxesexpenditure of public funds or taxes by a by a governmental body; governmental body;

all all formal and informal policies and proceduresformal and informal policies and procedures; ; a rule of procedure, a description of forms available a rule of procedure, a description of forms available

or the places at which forms may be obtained, and or the places at which forms may be obtained, and instructions relating to the scope and content instructions relating to the scope and content of all papers, reports, or examinationsof all papers, reports, or examinations; ;

a a policy statementpolicy statement or interpretation that has been or interpretation that has been adopted or issued by an agency;adopted or issued by an agency;

administrative staff manuals and instructionsadministrative staff manuals and instructions to to staff that affect a member of the public; staff that affect a member of the public;

Public Records Act Public Records Act Exceptions (Texas)Exceptions (Texas)

Law enforcement exceptionLaw enforcement exception Closed file vs. open fileClosed file vs. open file

Personnel files - Civil Service RecordsPersonnel files - Civil Service Records home addresses, phone numbers and SSN redactedhome addresses, phone numbers and SSN redacted information deemed information deemed confidential by constitutional confidential by constitutional

law, statute, or judicial decisionlaw, statute, or judicial decision where disclosure would constitute a clearly unwarranted where disclosure would constitute a clearly unwarranted

invasion of invasion of personal privacypersonal privacy

certain information concerning certain information concerning pending criminal or civil pending criminal or civil litigationlitigation to which the governmental body or employee is to which the governmental body or employee is partyparty

records of law enforcement agencies and prosecutors records of law enforcement agencies and prosecutors dealing with detection, investigation, or prosecution of dealing with detection, investigation, or prosecution of crime, but crime, but only if the release of the requested only if the release of the requested information will unduly interfere with law information will unduly interfere with law enforcement and crime prevention. enforcement and crime prevention.

Public Records Requests to Make Public Records Requests to Make (at least):(at least):

Every prior arrest of client, family member or Every prior arrest of client, family member or potential witness:potential witness: Law enforcement files, D.A.s and their investigators, Law enforcement files, D.A.s and their investigators,

police, Sheriff, DPS, forensic crime labs (including police, Sheriff, DPS, forensic crime labs (including private contractors), State Troopers, Rangers, DPS, private contractors), State Troopers, Rangers, DPS, Coroners/Medical Examiners Sheriff, Police, Fire Coroners/Medical Examiners Sheriff, Police, Fire dept., FBI, DEA, BIA, ATF, Homeland Security, etc.dept., FBI, DEA, BIA, ATF, Homeland Security, etc.

911 calls for addresses where client grew up911 calls for addresses where client grew up Personnel and/or civil service files of all state actorsPersonnel and/or civil service files of all state actors For every public agency relevant to current case or For every public agency relevant to current case or

client’s past history (incarceration, welfare, rehab, client’s past history (incarceration, welfare, rehab, etc.):etc.): funding, expenses, budgetary concerns, handbooks, funding, expenses, budgetary concerns, handbooks,

procedures, policy manuals, testing, evaluationsprocedures, policy manuals, testing, evaluations First names and dates of birth for public school First names and dates of birth for public school

teachersteachers

Drafting your Request:Drafting your Request:

Must be in writingMust be in writing No magic language requiredNo magic language required Generally speaking, agencies Generally speaking, agencies

have 10 days to respond or have 10 days to respond or appeal to the Attorney General’s appeal to the Attorney General’s Office (Texas)Office (Texas)

If denied, you can file a writ of If denied, you can file a writ of mandamus mandamus

Public Information Act (Texas Public Information Act (Texas Government Code, Chapter 552)Government Code, Chapter 552) A person's motive for requesting the information A person's motive for requesting the information

cannot be a considerationcannot be a consideration

§ 552.222 specifically prohibits the officer for public § 552.222 specifically prohibits the officer for public information from making any inquiry of a requestor information from making any inquiry of a requestor other than to establish the requestor's proper other than to establish the requestor's proper identification, to clarify a request if the governmental identification, to clarify a request if the governmental body is unclear as to what information is requested, body is unclear as to what information is requested, and to attempt to narrow a request that seeks a large and to attempt to narrow a request that seeks a large amount of information. amount of information.

"[T]he form in which a governmental body stores "[T]he form in which a governmental body stores information does not affect its availability." Tex. Att'y information does not affect its availability." Tex. Att'y Gen. ORD-461, at 3 (1987). You can get documents, Gen. ORD-461, at 3 (1987). You can get documents, recordings, DVDs, whateverrecordings, DVDs, whatever

Great Resource: Great Resource: http://www.rcfp.org/cgi-local/tapping/index.cgi?http://www.rcfp.org/cgi-local/tapping/index.cgi?key=TXkey=TX

Federal Freedom of Information Federal Freedom of Information Act, 5 U.S.C. § 552Act, 5 U.S.C. § 552

““The process is neither The process is neither complicated nor time complicated nor time consuming.” US DOJconsuming.” US DOJ

FOIA reference guide, FOIA reference guide, http://www.usdoj.gov/04fohttp://www.usdoj.gov/04foia/04_3.htmlia/04_3.html

Where to get the contact Where to get the contact information for individual agenciesinformation for individual agencies

http://www.usdoj.gov/04foia/http://www.usdoj.gov/04foia/foiacontacts.htmfoiacontacts.htm

Postal Rate Commission Postal Rate Commission Steven W. Williams Steven W. Williams Secretary Secretary Suite 300 Suite 300 1333 H Street, N.W. 1333 H Street, N.W. Washington, D.C. 20268 Washington, D.C. 20268 telephone number: (202) 789-6840 telephone number: (202) 789-6840 fax number: (202) 789-6886 fax number: (202) 789-6886

Letter Generator for Letter Generator for FOIA requestsFOIA requests

http://www.rcfp.org/foi_letter/generate.php

Aimee SolwayAimee Solway2401 Fletcher St. 2401 Fletcher St. Houston, TX 77009Houston, TX 77009713-256-1923713-256-1923

   April 10, 2006April 10, 2006    FOIA/PA Officer FOIA/PA Officer

USDA Food Safety and Inspection Service USDA Food Safety and Inspection Service Room 1164-South Room 1164-South Washington, DC 20250 Washington, DC 20250

             FOIA REQUESTFOIA REQUEST    Dear FOI Officer:Dear FOI Officer:    Pursuant to the federal Freedom of Information Act, 5 U.S.C. § 552, I request access to and copies of all Pursuant to the federal Freedom of Information Act, 5 U.S.C. § 552, I request access to and copies of all

records pertaining to chicken. records pertaining to chicken.    I agree to pay reasonable duplication fees for the processing of this request in an amount not to exceed I agree to pay reasonable duplication fees for the processing of this request in an amount not to exceed

$40. However, please notify me prior to your incurring any expenses in excess of that amount.$40. However, please notify me prior to your incurring any expenses in excess of that amount.    If my request is denied in whole or part, I ask that you justify all deletions by reference to specific If my request is denied in whole or part, I ask that you justify all deletions by reference to specific

exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt exemptions of the act. I will also expect you to release all segregable portions of otherwise exempt material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a material. I, of course, reserve the right to appeal your decision to withhold any information or to deny a waiver of fees. waiver of fees.

   As I am making this request as a lawyer and thi\s information is of timely value, I would appreciate your As I am making this request as a lawyer and thi\s information is of timely value, I would appreciate your

communicating with me by telephone, rather than by mail, if you have questions regarding this request.communicating with me by telephone, rather than by mail, if you have questions regarding this request.    I look forward to your reply within 20 business days, as the statute requires.I look forward to your reply within 20 business days, as the statute requires.    Thank you for your assistance.Thank you for your assistance.    Sincerely,Sincerely,       Aimee SolwayAimee Solway

What happens next:What happens next:

20 days to respond, but doesn’t 20 days to respond, but doesn’t have to be the actual records, have to be the actual records, just an acknowledgement and just an acknowledgement and anticipated actionanticipated action

Administrative appeal and Administrative appeal and federal lawsuits availablefederal lawsuits available

Other Arizona - Specific Other Arizona - Specific SearchesSearches ADOC: Arizona Department of Corrections ADOC: Arizona Department of Corrections

allows searches of current and former allows searches of current and former inmates: inmates: http://www.azcorrections.gov/inmate_datasehttp://www.azcorrections.gov/inmate_datasearch/Index_Minh.aspxarch/Index_Minh.aspx Inmate files (except for medical records) Inmate files (except for medical records)

can be obtained by contacting ADOC with can be obtained by contacting ADOC with the inmate’s name, date of birth, and the inmate’s name, date of birth, and ADOC numberADOC number

Vital Records (view birth certificates for Vital Records (view birth certificates for births 1855-1935 and death certificates for births 1855-1935 and death certificates for deaths 1844-1960): deaths 1844-1960): http://genealogy.az.gov/http://genealogy.az.gov/

Expert WitnessesExpert Witnesses

CV and credentials/accreditation CV and credentials/accreditation Licensure BoardsLicensure Boards Articles publishedArticles published Testimony from previous cases Testimony from previous cases

Victim recordsVictim records

Public recordsPublic records Court house searchesCourt house searches Funeral Home booksFuneral Home books ObituaryObituary Discovery?Discovery?

Newspaper/MediaNewspaper/Media

Lexis-NexisLexis-Nexis Local library, local papersLocal library, local papers Internet media sourcesInternet media sources

Prior proceedings Prior proceedings

Transcripts & depositionsTranscripts & depositions Court reportersCourt reporters Appeals courtsAppeals courts Case filesCase files AttorneysAttorneys

A few more links to check outA few more links to check out

https://secure.sbec.state.tx.us/https://secure.sbec.state.tx.us/SBECONLINE/virtcert.aspSBECONLINE/virtcert.asp Information on Texas school teachersInformation on Texas school teachers

http://www.tmb.state.tx.us/http://www.tmb.state.tx.us/ Information on physiciansInformation on physicians

State Bar of Texas – www.texasbar.comState Bar of Texas – www.texasbar.com http://texas.schooltree.org/counties-http://texas.schooltree.org/counties-

page1.htmlpage1.html Good source for information on Texas schoolsGood source for information on Texas schools

http://scholar.google.com/http://scholar.google.com/ Good source for academic articles Good source for academic articles

SDTs - subpoenas duces SDTs - subpoenas duces tecumtecum When would you consider a When would you consider a

SDT?SDT? Need to discuss as team Need to discuss as team

everything that could be in the everything that could be in the records.records.

Serving SDT.Serving SDT.

DiscoveryDiscovery Any mitigating information, including Any mitigating information, including

expressions of remorse or regret expressions of remorse or regret about crime, evidence of impairment about crime, evidence of impairment or mental health issues, prior or mental health issues, prior involvement in state schools, involvement in state schools, prisons.prisons.

File motions to notify state of types File motions to notify state of types of mitigating evidence that might be of mitigating evidence that might be in its possessionin its possession

Once they are “on notice,” they have Once they are “on notice,” they have obligation for other state agencies as obligation for other state agencies as well as those participating in the well as those participating in the prosecutionprosecution

Collecting and Creating Collecting and Creating Demonstrative evidenceDemonstrative evidence

Artifacts of a life: Photos, ribbons, Artifacts of a life: Photos, ribbons, art, yearbooks, certificates, trophies, art, yearbooks, certificates, trophies, etc.etc.

Demonstrative Evidence – Current Demonstrative Evidence – Current photos of the client's ram shackled photos of the client's ram shackled home, neighborhood, school, home, neighborhood, school, community, etc.; Videos; family treescommunity, etc.; Videos; family trees

Demographic Research:Demographic Research:

Investigating your client's Investigating your client's community:  social issues and racial community:  social issues and racial makeup, economics, education, makeup, economics, education, availability of social services, politics, availability of social services, politics, etc.etc.