The "Afraid" Letter, Attempts to Obtain It & CA FOIA

[akwilks]

Jun 10, 2015 23:45:14 GMT @murdoc said:

Jun 10, 2015 23:40:47 GMT akwilks said:

Well maybe some good news. We have a volunteer to try a new round of FOIA, Cal Public Records Act requests in the EAR/ONS case. This person, a member here, is a female, so perhaps a little female charm and persistence will pay off. I am finishing another big project right now, but in about one week or so, I will help her formulate new requests using the right language and legal cites, and then she will use her skills and polite persistence to see what can be done. This person has succeeded in getting documents in another case with some assistance from me. Also, the unhelpful people I ran into may now be gone and replaced by people who are more interested in the law, the rights of the public to know and/or trying to catch a killer. Thinking of doing Sac PD, Sac SD, Cal DOJ. At this stage we are contemplating asking for:

1. The Afraid letter, and if it was destroyed, any notes or files that record, analyze or reference the content of the letter.
2. A copy of the actual typewritten "Excitement's Crave" poem thought to have been written by the EAR.
3. A copy of the envelope the poem came in.
4. Any materials that were found at the same time and location of the so called map, homework pages and journal pages.

If anyone has a suggestion for a specific important document along these lines, suggest it here in the thread or to me privately, and we will consider it.

Phone calls. Ask about more phone calls, that is something I put some faith into.

OK.  Do you have any dates?  It helps if I can say "Audio tape and/or transcript of possible call from the EAR to _______ on or about September __, 197_"

If not I could ask for tapes or transcripts of any phone calls but from prior experience I know the more specific you are it greatly increases your chances of getting it.

[Deleted]

Jun 11, 2015 0:04:32 GMT akwilks said:

Jun 10, 2015 23:45:14 GMT @murdoc said:

Phone calls. Ask about more phone calls, that is something I put some faith into.

OK.  Do you have any dates?  It helps if I can say "Audio tape and/or transcript of possible call from the EAR to _______ on or about September __, 197_"

If not I could ask for tapes or transcripts of any phone calls but from prior experience I know the more specific you are it greatly increases your chances of getting it.

Check the communications and writings section of the library, I cataloged them there

[akwilks]

OK will do.

[akwilks]

So far I have the request to ask for any other tapes and/or transcripts of EAR calls, which we will do. I also got a message request to ask for any additional written materials found at the same time and location of the EAR map, homework and diary pages, and for the highest resolution copies available of the map, homework, diary and any other items. On the grounds that the higher resolution copies may reveal details we can't see now. So that will be added as well.

If anyone has any other ideas for similar or related type material to request, either post it here or message me. I will probably start formulating and writing these California Public Records Act requests in a week or less, so give us any suggestions or ideas you have now or very soon.

Who knows, we may get some never before released material.  Even just one or two items could be helpful.  Or maybe we get nothing at all.  At this point holding back documents and information only helps the offender.  The public paid for these documents, and the law dictates that they be released.  It is worth a shot anyway.

[lepke]

Good luck with your efforts. There's not much I can do here in Blighty, not being an American citizen and living thousands of miles away.

[lurker2]

Jun 9, 2015 4:47:51 GMT akwilks said:

First to clarify on the prelude to the Excitement's Crave poem. Apparently I was given this by Arch back in 2010, then asked not to post it. I complied with the request. I was not told if the request was because it was determined to be a probable fake, or deemed unconfirmed, or a requested hold back by police. I remembered seeing it back in 2010, but forgot about actually having it and the request not to post.  Getting old!

I saw that recently some people were asking about the FOIA requests I did to try to get the "Afraid" letter.  I am back here after a long absence to post on this issue.  Hopefully my info may be helpful to anyone inspired to try to get this letter or other documents in the EAR/ONS, VR, GSK and other cases.

As some of you may know, in the Zodiac case I sometimes on my own but often working with Morf by giving him advice on language and the laws, did succeed in getting some previously never before released possible unconfirmed Zodiac letters released.  We also succeeded in getting some never before seen police and FBI files released.  See www.zodiackillersite.com/viewtopic.php?f=71&t=420  ,  www.zodiackillersite.com/viewtopic.php?f=74&t=63 ,  www.zodiackillersite.com/viewtopic.php?f=105&t=173  , www.zodiackillersite.com/viewtopic.php?f=33&t=92&hilit=fbi+files  , www.zodiackillersite.com/viewtopic.php?f=102&t=2022&start=30  .

Then Morf kept persisting and eventually went "Shawshank Library" on them and got the FBI to release essentially the entire non-confidential Zodiac file, hundreds and hundreds of pages.  So it CAN be done.

In the Zodiac case most agencies, departments, detectives and attorneys were helpful or at least not hostile.  Unfortunately in the EAR/ONS case while most of the detectives were helpful or at least neutral, most of the attorneys for the city and county were rude, arrogant, dismissive and unhelpful.  I explained to them that California law dictates that the documents should be seen by the public.  I also explained that if the public sees the Afraid letter someone may recognize the words, phrases, handwriting of a husband, son or relative.  I said that keeping this document and other documents secret only helps to protect the identity of the EAR/ONS, who may be still raping and killing people.  I asked them to let the public see the documents and perhaps we can help bring about the arrest of the EAR/ONS, or at least some truth and closure for the victims. 

The police were mostly helpful or at least neutral.  They did not object to the release of any documents.  The city and county attorneys treated me like I molested a bus full of children.  Hostile, arrogant, rude.  They did not care about the law, the truth, the public or catching a killer.  I was simply annoying them. Maybe someone can try a new approach and be more successful.  Maybe some of the people I encountered are gone and have been replaced with people who care more about the law, the public's right to know and about catching a killer.

I did get this helpful and honest response from a detective:  " Unfortunately, the letter you speak of appears to have been discarded with most of the other evidence when the statute of limitations on the rapes ran out. It was very unfortunate, and I wish I had been around then to stop it." 

That is terrible.  EAR/ONS was a suspect in the murder of the Maggiores, and other murders, when the rape SOL ran out.  The documents should NOT have been thrown out, as this detective acknowledges.  Even if the actual letter was thrown out, it seems that some files must have noted the content of the letter, and maybe some of these files still exist. 

Tips:  For trying to get FBI files you use the federal FOIA law, Freedom Of Information Act.  You need to be very specific with what you are asking for, in terms of names, content, case, years, etc.  If anyone wants to do a FOIA contact me and I can give you formats and language that has worked well for me and Morf.

For documents from California city police, county sheriff or state agencies like the Dept of justice, you use the California Public Records Act.  Again, if anyone wants to make a new run at the Afraid letter, or the poem, or other documents on the EAR/ONS case, contact me.  This is some of the basic formats and language you use.  It might be worth it for someone else to try.  There could be new attorneys now, and they might be more responsive. 

The language I offer below did work in the Zodiac and other cases, it might now work in EAR/ONS with new people getting the requests.

The following request is made under the California Constitution Sunshine Amendment Article I, Section 3(b) which states in part that "the writings of public officials and agencies shall be open to public scrutiny", and the The California Public Records Act (California Government Code §§ 6250 through 6276.48), which requires disclosure of government records.



I hereby request the following document which is in the records of the ____________________(name of police agency):


[Give a specific description of the item, letter. poem, document or file requested.  Be as specific as possible about the date, content, anmes, description, etc]

[Here is what I requested, #1 and 2.  if some one does a new one, advise to add #3 here.]

1. A copy of the letter sent in or around August 1977, by a person calling themselves "Afraid", and said to have information about the East Area Rapist.

2. A copy of the envelope it came in.

3.  Any notes, letters or documents that discuss the contents of the letter or relate to the letter.

This letter was sent in August of 1977. It contained inside knowledge of the crimes and thus apparently came from either a friend of the East Area Rapist/Original Night Stalker "EAR/ONS", as the letter stated, or more likely, from the EAR/ONS himself. As far as I know, there is no reason it was kept secret, it was just never released. I would love to see it and share it with other researchers. Keeping it secret only protects the criminal in this case.

I would accept a postal mailed copy or emailed copy, whatever is easier. Perhaps there are vital clues to be found on this letter. If this letter is from the EAR/ONS or a close associate of his, a friend or relative may recognize any words used, typewriter font, handwriting or unusual phrases. I will post it at two true crime websites I write at and send it to reporters with the Sacramento Bee and SF Chronicle.

[NOTE;  If they respond that "law enforcement records are exempt from disclosure", you can respond with this, or better yet include it in your first letter]:

The law you cite (Government Code 6254 (f)) to does NOT provide a blanket exemption for law enforcement records. It states in relevant part:

Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation:

6254(f)(1)

(1) The full name and occupation of every individual arrested by the agency, the individual's physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.

6254(f)(2)

Subject to the restrictions imposed by Section 841.5 of the Penal Code, the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property, or weapons involved.

The letter sent in by a person signed "Afraid" was either a complaint and request for assistance (if sent by a friend of the EAR/ONS as the letter indicates) OR information from and about the offender (if sent by the EAR/ONS as some detectives at the time suspected)  Thus you are required by law to provide it. The law makes clear the  public has a right to see these records.

I even included this newspaper article from Aug 1977 (the headline was the death of Elvis) to give more context and specificity to my request.

Just throwing this out there as a long shot: Is it possible that Bill Miller, the Sacramento County Sheriff's Dept. spokesman quoted in the Aug. 1977 newspaper article, saw the "Afraid" letter or knows the specific content/statements in the letter? I guess where I'm going with this question is that if Mr. Miller is still alive, perhaps he could be contacted and we could beg/plead with him to pass on what he remembers seeing in the letter.

[akwilks]

If anyone knows Bill Miller, or any Sac SD people from that time frame, they could certainly ask them to share memories of the content of the letter. So far nobody along those lines has come forward, and as you can see above, I was told the actual letter was thrown out when the rape Statute of Limitations expired. The detective who told me that also said he wishes he had been there to prevent that from happening. The problem now is does anyone know someone who worked for Sac SD back then, and if so, what do they remember about the content of a 40 year old letter?

That is why we are hoping perhaps some agency saved note about the content of the letter. Probably a longshot. I don't think Crompton or any of the other retired officers who worked on the case have mentioned any details about the Afraid letter. There were several different departments involved, and maybe it never crossed their desk.

Certainly if anyone here knows Mr. Crompton or any other retired officer please ask them if they kept a copy of the letter or even if they remember anything at all about the content.

[Deleted]

Jun 12, 2015 18:57:22 GMT akwilks said:

If anyone knows Bill Miller, or any Sac SD people from that time frame, they could certainly ask them to share memories of the content of the letter. So far nobody along those lines has come forward, and as you can see above, I was told the actual letter was thrown out when the rape Statute of Limitations expired. The detective who told me that also said he wishes he had been there to prevent that from happening. The problem now is does anyone know someone who worked for Sac SD back then, and if so, what do they remember about the content of a 40 year old letter?

That is why we are hoping perhaps some agency saved note about the content of the letter. Probably a longshot. I don't think Crompton or any of the other retired officers who worked on the case have mentioned any details about the Afraid letter. There were several different departments involved, and maybe it never crossed their desk.

Certainly if anyone here knows Mr. Crompton or any other retired officer please ask them if they kept a copy of the letter or even if they remember anything at all about the content.

It's weird that no one supposedly has a copy of that letter, but they still have things like the poem, records on some suspects cleared back then, reports from neighbors about obscene phone calls to them, the audio recordings, etc.

[Deleted]

Someone does but I think it's not where we hope it is.

[wolF]

Has any progress been made with this?

[Drifter]

Aug 30, 2015 18:17:42 GMT wolF said:

Has any progress been made with this?

Not that I am aware of.  Akwilks was going to file a FOIA request to obtain the information, but haven't heard from him.  He posts only infrequently.

Of course that does not prevent someone else from filing a FOIA request.   It's just that akwilks has successfully retrieved info. via that route in the past and knows kinda the ins and outs of how the process works.

D.

[Deleted]

Truthy filed an FOIA request for the Afraid letter a couple of years ago and the response was that they don't have it. Maybe Akwilks will have better luck.

[bob]

It is possible that a different county has an old ditto copy of the "Afraid" letter in their case file. 

I began looking at this case with the assumption that what was left of the evidence was all in one place. Based on (limited) contact with LE, I now believe that each jurisdiction has a smattering of leftover crap from the original case. 

So if the letter was handed around back then, the original may have been thrown out, but another jurisdiction might still have a copy.

Counties that could have case files or notes include Santa Barbara, Orange, Sacramento, and Santa Clara, Fresno, Tulare, and Contra Costa.

[ferguson]

Don't forget Yolo, San Joaquin, and Stanislaus.

[Deleted]

This is one of those seldom surprised but often disappointed moments. What we really need is a news organization that decides to bulldog this case and write about it until the cows come home. A good example of what I'm talking about is the way the Center Daily Times pursued the Jerry Sandusky story.