CITY OF MADISON LEGAL DEPARTMENT 100 HUGHES ROAD LEGAL@MADISONAL.GOV MADISON, AL 35758 256-772-5681 MADISON ALABAMA ee April 23, 2021 VIA E-MAIL Ms, Elizabeth Huntley Lightfoot, Franklin & White LLC chuntley@lightfootlaw.com Mr. Jackson R. Sharman, IIT Lightfoot, Franklin & White LLC re is wc Dear Ms. Huntley and Mr. Sharman: Lam writing in response to the presentation of your report to the Huntsville City Council and Mayor last night. The City of Madison is requesting immediate corrections to both your written report and the record of the content of your presentation, First, the City is requesting a correction to the statements in your report and presentation that officers of the Madison Police Department were “snipers” stationed on the courthouse roof, that they pointed rifles at the crowd, and that they did not use their binoculars. As you know, the Sheriff's office requested the City’s assistance because officers and deputies routinely work together on the SWAT team, and the Huntsville Police Department did not specifically request assistance. However, Madison Police officers stationed on the roof during the protests did not ever set up their sniper rifles or take them out of their cases. They did use binoculars to observe the protests below. As I stated in our previous correspondence, no Madison officers engaged with the crowd, and they never took any direct action during the protests. If you have any photographic evidence or other testimony to the contrary, I ask that you send it to me as soon as possible. In addition, in the future, I request the professional courtesy of being able to respond to allegations such as this one before they are presented to the Mayor, City Council, residents, and press. I understand that you did not want to produce a draft report prior to its release to the community. However, requesting the City’s response to a direct factual allegation, which you knew about for some time, would only have enhanced the credibility of the committee and its report.‘The City is also requesting a correction of the statement last night that you received “no cooperation” from other participating agencies. In response to your records request last year, | responded in coordination with Chief Jernigan, who is now retired, to describe the extent of the Madison Police Department’s involvement in the protests, and I offered to discuss further, while asserting certain privileges that protect law enforcement information. The City’s protection of sensitive public safety documents from disclosure according to law and policy, and its decision not to respond to demands from another jurisdiction's committee that did not have authority to compel production, do not equal “no cooperation.” Although the extent of the City’s cooperation with your extensive records request was limited for the legal and practical reasons I listed in the letter, the City would have cooperated to provide clarifying information, We never received such a follow-up request from your office, but additional dialogue would have cleared up inaccuracies like the one described above. Finally, the City would like to request a correction to the statement in your report regarding the incident involving Mr. Dana Fletcher in October of 2019. In addition to the investigative determinations you listed, please add that the Madison County District Attomey’s Office concluded that Madison officers acted in self-defense, and that the D.A. found no evidence of any iminal wrongdoing, ‘The City of Madison always stands ready to partner with the City of Huntsville in issues of public safety. ‘The City will work with Huntsville and the Sherif?’s office on additional training protocols and a memorandum of understanding providing for joint operations, such as protest monitoring, if the Mayors, Chiefs of Police, and City Councils believe that it is necessary. We look forward to conversations on those topics soon, In conclusion, 1 again ask for correction of the record and written report and thank you for your prompt attention to this request. incerely, lip Hope Megan Zingarelli, Esq City Attorney cc: Mayor Paul Finley Mayor Tommy Battle Ms. Jennie Robinson, Huntsville City Council Major John Stringer, Acting Chief of Police Chief Mark McMurray, Huntsville Police Department Mr. Trey Riley, Esq., Huntsville City Attorney