Amended Petition - Open Records Request - Homestead, Florida

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
DR. JAMES ERIC MCDONOUGH, CASE NO: 2022-09747-CA-01 (15)

Plaintiff,
vs. CIVIL DIVISION
CITY OF HOMESTEAD,
Defendant,
________________________________/
AMENDED VERIFIED PETITION FOR WRIT OF MANDAMUS
This is an action seeking: 1) a writ of mandamus to compel the disclosure and release of
non-exempt and responsive public records unlawfully withheld by Defendant; 2) declarations for
the three different types of unlawful refusals found here; 3) injunctions for the three different
types of unlawful refusal based on the pattern displayed and reasonable belief of future violations
here; 4) and all reasonable costs of enforcing this action.
THE PARTIES, JURISDICTION, AND VENUE
1. Petitioner, Dr. James Eric McDonough (“McDonough”), is an investigative
journalist who covers government corruption, and is a resident of Miami-Dade County, Florida.
2. Defendant, City of Homestead (“City”), is a Florida municipal corporation located
in Miami-Dade County, Florida. City possesses the public records sought by McDonough . City
has failed to produce the records sought, or claim a valid exemption for withholding.
3. This Court has subject matter jurisdiction over this action, and personal
jurisdiction over the parties, pursuant to Article I, Sec. 24 of the Florida Constitution and/or the
Florida Public Records Act (“FS. 119 et seq.”).
4. This Court has jurisdiction to issue writs of mandamus under Art. V, Sec. 5(b) of
the Florida Constitution.
5. This Court has jurisdiction to provide declaratory relief under FS. 86 et seq.
6. This Court has jurisdiction to provide injunctive relief under Fla. R. Civ. P. 1.610.
7. This Court has jurisdiction to award all reasonable costs under FS. 119.12(1).
8. Venue is appropriate since McDonough is a resident of Miami-Dade County, and
City is located within Miami-Dade County.
GENERAL ALLEGATIONS
I. THE FIRST REQUEST
9. On May 3, 2022, McDonough submitted a public records request (the “First
Request”), to the City’s custodian of public records in writing. This request identified and sought
the body camera footage of an incident, occurring in February 2021, in which three teenagers
drowned, after being chased by police.1 Composite Exhibit A.
10. The teenage driver (i.e. the “Suspect”), who had fled and eluded police survived,
was detained by City police and subsequently was released on scene.
11. Rumors were floating around that the City’s press release related to this incident
and the actions of its police officer(s) contained false statements, and that the body camera
footage is proof that these statements were false, and that City violated pursuit policy.
12. On May 11, 2022, True Homestead, operated in part by McDonough, made a post
noting that fifteen months after the incident and there had been no arrest or closure in this case.
Exhibit B.
13. The next day, May 12, 2022, City officers quietly arrested the Suspect, and since
have been unlawfully secretive, though they openly spoke to the media at the scene.
14. On May 23, 2022, McDonough emailed the records custodian and stated if the
responsive records, a valid claim of exemption, and/or a reasonable invoice were not provided by
midnight Thursday, i.e., May 26, then another lawsuit would be filed. Composite Exhibit A.
1
The A-Form demonstrates that City made false statements to the public about the chase,
attempting to obscure the fact that it was the improper chase which precipitated the crash and the
death of three teenagers.
2
15. City immediately responded claiming that all records were exempt as active
criminal investigative information, FS. 119.071(2)(c). Composite Exhibit A.
16. McDonough replied at 1:14 am, and again at 1:25 am, on May 24, 2022, and
made clear that City had not identified the designee, had not stated with particularity in writing
the conclusion for the reason that the records were exempt, and that the arrest invalidated the
exemption. McDonough reiterated if the law was not complied with, by the given deadline,
another lawsuit would be filed. Composite Exhibit A.
17. On May 25, 2022, McDonough left a voice mail for the Captain of the records
division, Yanko Rodriguez. Shortly thereafter, Captain Rodriguez returned the call and had a
conversation with McDonough. During the conversation Captain Rodriguez confirmed that the
suspect had been arrested, that an arrest closes the investigation, and that the records should now
be otherwise available. Captain Rodriguez then advised McDonough that he would see that
McDonough immediately received an invoice for the responsive body camera footage.
18. On May 25, 2022, McDonough emailed City Manager Jerry Estrada, as well as
the Mayor and Council, informing them that City had made false statements in writing about the
exemptions claimed, that Captain Rodriguez had acknowledged such, and then offered to settle
the differences amicably without need for court intervention. Composite Exhibit C.
19. On May 26, 2022, McDonough again emailed Manager Estrada, as it appeared the
City was continuing to fight against transparency and accountability. Composite Exhibit C.
20. On May 26, 2022, City replied stating that “[t]he body camera footage remains
exempt as it is active criminal intelligence information.” And stated that FS. 119.011(3)(d) -
"Provides that active criminal investigative information shall be considered active. Such
information is directly related to pending prosecutions or appeals." Composite Exhibit A.
3
II. THE SECOND REQUEST
21. On May 23, 2022, McDonough submitted a public records request (the “Second
Request”), to the City’s custodian of public records in writing, identifying the records sought.
22. The Second Request sought the accident report, supplemental accident reports,
and any documents that would reveal the case status including any charging documents if anyone
had been charged. Composite Exhibit D.
23. On June 9, 2022, City responded to the Second Request and provided the Arrest
Affidavit/A-Form, and completely ignored the first part of the request which sought the accident
and supplemental reports. Composite Exhibit D.
24. On June 9, 2022, McDonough replied and demanded:
a. that the reasons for the conclusion that the records were exempt be
stated in writing with particularity, under FS. 119.07(1)(f);
b. an explanation as to why he was not provided the A-form until three

days after it had been produced to JMA Media, though he had
submitted his request four days earlier;2 and 3 and
c. immediate production of the accident reports and supplemental

reports, a claim that no records exists, a valid claim of exemption, or a
reasonable and legally warranted invoice. Composite Exhibit D.
25. On June 10, 2022, City responded providing a “corrected A-form,” and claiming
the accident and supplemental reports remained as active criminal investigative information and
were therefore exempt, then shirking its obligations by directing McDonough to contact the State
Attorney for updates. City failed to state with particularity the reasons for the conclusion that the
records were exempt, or explain the delay in production. Composite Exhibit D.
2
This is at least the second time that City has provided McDonough public records after
providing records to others, who submitted requests after McDonough, while claiming to operate
on a strict first come first serve basis. See related Case No. 19-06869.
3
City’s response to JMA Media was that all records were exempt, Composite Exhibit E, and
only produced the A-form after it was released by the SAO, and published by True Homestead.
4
III. FACTS AND LAW COMMON TO BOTH REQUESTS
26. The City’s position that the records are exempt as active investigative information
is contradicted by both precedent and statute, and City being aware of this refused to budge.
27. FS. 119.011(3)(c)5 states in part:
“Criminal intelligence information” and “criminal investigative information”

shall not include: Documents given or required by law or agency rule to be given
to the person arrested…(emphasis).
The active criminal investigation exemption does not apply to information for which disclosure
is required under the rules of discovery. Staton v. McMillan, 597 So. 2d 940, 941 (Fla. 1st DCA
1992), review dismissed sub nom., Staton v. Austin, 605 So. 2d 1266 (Fla. 1992).4
28. City is legally obligated to provide the body camera footage and reports to the
Suspect who was arrested, under the rules of discovery. As such these records are explicitly
excluded from the definition of “active criminal intelligence information” here.
29. Further, an agency claiming an exemption from disclosure bears the burden of
proving the right to an exemption. See Barfield v. School Board of Manatee County, 135 So. 3d
560, 562 (Fla. 2d DCA 2014).
30. Whereas, any doubt as to the applicability of an exemption must be resolved in
favor of disclosure rather than secrecy. See Tribune Company v. Public Records, 493 So. 2d 480,
483 (Fla. 2d DCA 1986).
31. The City’s claim that body camera footage and reports generated during an
incident leading up to, and which was part and parcel of an arrest, are still exempt after the
arrest, so long as there is a pending prosecution or appeal, is absurd and unprecedented.
4
The Suspect filed his discovery demand on June 6, 2022, and the discovery records were
provided on or before June 21, 2022, as per discussion between an Assistant State Attorney in
the public corruption division and McDonough. This was after McDonough had filed a criminal
complaint against City officials for felony official misconduct FS. 838.022(1)(b). Of note, is the
fact that the SAO provided the A-form in less than one business day of McDonough’s request.
5
32. City has failed to state with particularity in writing the reason(s) for withholding
the records, as requested, and as required by FS. 119.07(1)(f).
33. Further, City has unjustifiably delayed the production of requested records.
34. Lastly, The First and Second Requests were submitted more than three weeks
before the filing this action and/or amendment, meeting all requirements of FS. 119.12(1)(b).
IV. RELATED CASES
35. In related Case No. 17-017515, City in at least two requests (REQUEST 4 and
REQUEST 6, therein) withheld public records through the claim of a knowingly inapplicable
exemption, and unjustifiably delayed the production thereof.
36. In related Case No. 19-06869, City at least five times failed to produce all records
and unjustifiably delayed the production(s) thereof. City also produced records to others before
producing records to McDonough, though McDonough had submitted his requests earlier, and
City falsely claims to operate on a first come first serve basis in responding to records requests.
37. In related Case No. 19-034861, City failed to produce all responsive records,
failed to claim an exemption for all withheld records, and unjustifiably delayed their production.
38. In related Case No. 19-035962, City was found to have unlawfully delayed the
production of records for three separate requests. City also initially failed to produce all
responsive records for two of those requests.5
39. In related Case No. 22-07486, City unjustifiably delayed production of public
records and levied excessive charges.
COUNT I
(Mandamus Relief)
40. Paragraphs 1-34 above are incorporated herein by reference.
5
City admitted in Case No. 19-035962 to “dropping the ball” on one of McDonough’s contested
requests, as well as about half of the one-hundred requests filed by others in the same timeframe.
6
41. McDonough made valid requests for public records to City here, in both the First
Request and the Second Request.
42. McDonough has a clear legal and constitutional right to inspect and receive copies
of non-exempt public records under Art. I, Sec. 24 of the Florida Constitution and FS. 119 et seq.
43. City is an agency as defined in FS. 119.011(2).
44. City, as an agency, has a clear indisputable, non-discretionary, and statutory duty
to the permit inspection and copying of all non-exempt and responsive public records, kept in its
electronic records keeping system(s), under FS. 119.01(1) and/or 119.01(2)(f).
45. Alternatively, the only exception(s) to this duty is that City must redact any
exempt information and release the remainder of the responsive records, FS. 119.07(1)(d).
Further, if extensive resources or clerical time is required, to retrieve or review said records, a
special service charge may be levied before production of records can be mandated, but this
charge must be reasonable and based upon actual costs incurred by City, or other fees allowed by
statute, FS. 119.07(4)(d).
46. The statutory exemption City has claimed is inapplicable to the facts at bar.
47. McDonough seeks and is entitled to a statement in writing describing with
particularity the reasons for the conclusion that any record, or portion thereof, is exempt under
FS. 119.07(1)(f).
48. McDonough seeks and is entitled to an in-camera inspection of any record, or
portion thereof, claimed to be exempt from disclosure under FS. 119.07(1)(g).
49. McDonough seeks and is entitled to an immediate hearing under FS. 119.11(1).
50. McDonough seeks and is entitled to a writ of mandamus directed to City and
requiring City to: a) produce all non-exempt responsive records to the two requests; b) make a
valid claim of exemption; and/or c) provide a reasonable and statutorily warranted invoice, with
7
production of responsive records following payment thereof; and d) perform these acts within 48
hours, of the order and/or after payment of reasonable fees, under FS. 119.11(2).
51. McDonough seeks and is entitled to recover his reasonable costs of enforcement
upon a finding that City’s withholding of public records was unlawful, under FS. 119.12(1)(a).
WHEREFORE, McDonough respectfully requests this Honorable Court to issue a Writ
of Mandamus ordering City to immediately: 1) produce all non-exempt and responsive records;
2) claim a valid exemption; and/or 3) provide a reasonable and legally warranted invoice, within
48 hours, and production within 48 hours of payment thereof. It is also requested that all
reasonable costs of enforcement be awarded, as well as any other relief deemed proper and just.
COUNT II
(Declaratory Relief – Inapplicable Exemption)
under FS. 119.01(2)(f) to permit inspection and copying of responsive public records contained
City’s electronic records keeping system, as these records are, unless a valid exemption applies.
57. City refused to provide non-exempt and responsive records by claiming an
inapplicable exemption that ceased to exist upon the arrest of the Suspect on May 12, 2022.
58. There exists an actual bonafide dispute/controversy pertaining to McDonough’s
legal rights to access the non-exempt and responsive public records, unless a valid exemption is
claimed.
8
59. There is a present ascertained or ascertainable state of facts.
60. As an investigative journalist covering abuse and corruption within City,
McDonough has an actual, practical, and present need for an order declaring such affirmative
refusals to produce non-exempt responsive records – through the claim of an inapplicable
exemption - unlawful.
61. Due to the repeated actions of City, McDonough is unsure of and in doubt as to
his rights under the Florida Constitution, and FS. 119 et seq., to inspect and copy public records
unless a valid exemption applies, and is legally entitled to have said doubts removed.
62. McDonough’s rights are dependent upon the facts or law applicable to the facts.
63. The parties have an actual, present, and contested adverse and antagonistic
interest in the subject matter in both fact and law pertaining to the declaration sought.
64. The dispute is clear McDonough desires access to responsive and non-exempt
public records, and it is clear that City does not follow the liberal public records disclosure
policies mandated by state law to provide responsive public records, or claim a valid exemption.
65. Thus, a justiciable controversy exists, the antagonistic and adverse interests are all
before the Court by proper process, the relief sought rises above satisfying a mere curiosity and it
is not: speculative in nature; seeking legal advice; or a mere advisory opinion.
66. Based on the above, McDonough seeks and is entitled to declaratory relief,
declaring City’s refusal to produce responsive and non-exempt public records without the claim
of a valid exemption is unlawful.
WHEREFORE, McDonough respectfully requests this Honorable Court to: 1) declare
City’s withholding of the responsive records sought here through the claim of an inapplicable
exemption is unlawful; 2) award McDonough his reasonable costs of enforcement; and 3) award
any other relief deemed just and proper.
9
COUNT III
(Injunctive Relief – Inapplicable Exemption)
under FS. 119.01(2)(f) to permit inspection and copying of responsive public records contained
in an electronic records keeping system, unless a valid exemption applies.
72. The claim of an inapplicable exemption to withhold embarrassing/incriminating
records here, and in related in Case No. 17-017515, as well as with JMA Media, establishes a
pattern of at least five such violations.
73. This pattern, coupled with the fact that the violations have continued since
McDonough’s first pro se records case in filed July 2017, establishes a well-grounded
probability that the violations complained of will continue to occur if not enjoined.
74. McDonough seeks and is entitled to relief enjoining City from future unlawful
refusals to produce non-exempt responsive records through the claim of an inapplicable
exemption as: 1) irreparable harm will result if the injunction is not entered, as City will continue
to claim inapplicable exemptions and refuse to produce public records; 2) McDonough has no
other adequate remedy at law; 3) there is substantial likelihood of success on the merits as prima
facie evidence of multiple uses of inapplicable exemptions in the request at bar, as well as claims
of inapplicable exemptions in the requests of related cases and to others, is presented herein; and
4) entry of the injunction will serve the public interest in fulfilling the Government in the
10
Sunshine provisions of the Florida Constitution. Citizens for Sunshine, Inc. v. School Bd. Of
Martin County, 125 So. 3d 184 (Fla. 4th DCA 2013).
75. The requested relief is appropriate and is not a blanket order enjoining City from
any future violation of FS. 119 et seq., but only for violations which bear resemblance to the
violations complained of herein and the related cases, i.e. withholding public records through the
claim of an inapplicable exemption. See Daniels v. Bryson, 548 So. 2d 679 (Fla. 3d DCA 1989).
76. The City has documented a pattern of affirmative refusals to provide non-exempt
responsive records through the claim of inapplicable exemptions, creating a well-grounded
probability and fear of similar future conduct occurring if the City is not enjoined.
WHEREFORE, McDonough respectfully requests this Honorable Court to: 1) enjoin
City from future affirmative refusals to produce public records through the use and/or claim of
inapplicable exemptions; 2) award McDonough his reasonable costs of enforcement; and 3)
award any other relief deemed just and proper.
COUNT IV
(Declaratory Relief – Unjustified Delay)
to permit inspection and copying of non-exempt and responsive public records at any reasonable
time under FS. 119.07(1)(a).
11
82. City refused to provide McDonough the records responsive to either of the
contested request here at any reasonable time. This is particularly highlighted by the fact that
McDonough submitted his request four days before JMA Media, and received the records three
days after JMA Media had received them. Thus, belying City’s claim that it responds to records
request in the order in which they are received, and showing explicit bias towards McDonough.
83. There exists an actual bonafide dispute/controversy pertaining McDonough’s
legal right of access to responsive and non-exempt public records at any reasonable time.
85. As an investigative journalist covering abuse and corruption within the City,
combined with the time-sensitive nature of public records for media purposes, McDonough has
an actual, practical, and present need for an order declaring such affirmative refusals to produce
non-exempt responsive records – through unjustified delay - unlawful.
his rights under the Florida Constitution, and FS. 119 et seq., to inspect and copy non-exempt
public records at any reasonable time, and is legally entitled to have said doubts removed.
89. The dispute is clear McDonough desires access to non-exempt and responsive
policies mandated by state law to provide the public records at any reasonable time.
12
declaring City’s refusal to produce responsive and non-exempt public records at any reasonable
time is unlawful.
City’s failure to allow inspection or copying of the responsive body camera footage and other
records at any reasonable time is unlawful; 2) award McDonough his reasonable costs of
enforcement; and 3) award any other relief deemed just and proper.
COUNT V
(Injunctive Relief – Pattern of Unjustified Delay)
96. City, as an agency, has a clear non-discretionary and statutory duty under FS.
119.07(1)(a) to permit inspection and copying of public records “at any reasonable time.”
97. The unjustified delays in producing records here, as well as the delays of the
requests in the related cases listed above, establishes a pattern of at least nine such violations.
98. This pattern, coupled with the fact that these violations have continued unabated
since before McDonough’s first pro se records case in filed 2017, establishes a well-grounded
probability that the violations complained of will continue to occur if not enjoined.
refusals to produce non-exempt responsive records through unjustified delay as: 1) irreparable
harm will result if the injunction is not entered, as City will continue to refuse to provide non-
13
exempt records within a reasonably justified time; 2) McDonough has no other adequate remedy
at law; 3) there is substantial likelihood of success on the merits as prima facie evidence of
multiple unjustified delay(s) in the request at bar, as well as delays in the requests of related
cases, is presented herein; and 4) entry of the injunction will serve the public interest in fulfilling
the Government in the Sunshine provisions of the Florida Constitution. Citizens for Sunshine,
Inc. v. School Bd. Of Martin County, 125 So. 3d 184 (Fla. 4th DCA 2013).
100. The requested relief is appropriate and not a blanket order enjoining City from
violations complained of herein and the related cases, i.e. unjustified delay in the production of
non-exempt public records. See Daniels v. Bryson, 548 So. 2d 679 (Fla. 3d DCA 1989).
101. The City has a documented pattern of affirmative refusals to provide non-exempt
responsive records through unjustified delay, and a lackadaisical attitude, creating a well-
grounded probability and fear of similar future conduct occurring if the City is not enjoined.
City from future affirmative refusals to produce public records through unjustified delay; 2)
award McDonough his reasonable costs of enforcement; and 3) award any other relief deemed
just and proper.
COUNT VI
(Declaratory Relief – Failure to Produce All Records)
102. Paragraphs 1-8 and 21-34 above are incorporated herein by reference.
103. McDonough made a valid request for public records to City here, in his Second
Request.
of all non-exempt public records under Art. I, Sec. 24 of Florida's Constitution and FS. 119 et
seq.
14
under FS. 119.01(1) to permit inspection and copying of all non-exempt and responsive public
records.
107. City failed to produce all non-exempt and responsive records to McDonough’s
Second Request, outright ignoring them, before later claiming an inapplicable exemption.
108. There exists an actual bonafide dispute/controversy pertaining McDonough’s
legal right of access to all non-exempt and responsive public records.
110. As an investigative journalist covering abuse and corruption within the City,
McDonough has an actual, practical, and present need for an order declaring such affirmative
refusals to produce non-exempt responsive records – through failure to produce all responsive
records – unlawful.
his rights under the Florida Constitution, and FS. 119 et seq., to inspect and copy all non-exempt
and responsive public records, and is legally entitled to have said doubts removed.
114. The dispute is clear McDonough desires access to all non-exempt and responsive
policies mandated by state law, and binding precedent, to produce all non-exempt and responsive
public records.
15
declaring City’s refusal to produce all non-exempt and responsive public records unlawful.
City’s failure to produce all non-exempt records responsive to the Second Request unlawful; 2)
award McDonough his reasonable costs of enforcement; and 3) award any other relief deemed
just and proper.
COUNT VII
(Injunctive Relief – Failure to Produce All Records)
117. Paragraphs 1-8 and 21-38 above are incorporated herein by reference.
118. McDonough made a valid request for public records to City here, in his Second
Request.
under FS. 119.01(1) to permit inspection and copying of all non-exempt and responsive public
records.
122. The failure to produce all non-exempt and responsive records here and in the
related cases listed above, establishes a pattern of at least six such violations.
123. This pattern, coupled with the fact that the violations have continued since
McDonough’s first pro se records case in filed 2017, establishes a well-grounded probability that
the violations complained of will continue to occur if not enjoined.

16
refusals to produce all non-exempt and responsive public records as: 1) irreparable harm will
result if the injunction is not entered, since City will continue to refuse to provide all non-exempt
and responsive records; 2) McDonough has no other adequate remedy at law; 3) there is
substantial likelihood of success on the merits as prima facie evidence of multiple failures to
produce all records in the case at bar, as well as in the requests of the related cases, is presented
herein; and 4) entry of the injunction will serve the public interest in fulfilling the Government in
the Sunshine provisions of the Florida Constitution. Citizens for Sunshine, Inc. v. School Bd. Of
Martin County, 125 So. 3d 184 (Fla. 4th DCA 2013).
125. The requested relief is appropriate and is not a blanket order enjoining City from
violations complained of herein and the related cases listed above, i.e. failure to produce all non-
exempt and responsive records. See Daniels v. Bryson, 548 So. 2d 679 (Fla. 3d DCA 1989).
126. The City has documented a pattern of affirmative refusals to provide all non-
exempt and responsive records, creating a well-grounded probability and fear of similar future
conduct occurring if the City is not enjoined.
City from future affirmative refusals to produce all non-exempt and responsive records public
records; 2) award McDonough his reasonable costs of enforcement; and 3) award any other relief
deemed just and proper.
Respectfully submitted,
_/s/_James Eric McDonough, Ph.D._

Dr. James Eric McDonough, pro se
32320 SW 199th Ave
Homestead, FL 33030
Phone: (571) 245-5410
Email: Phd2b05@gmail.com
17
Composite Exhibit A
5/27/22, 12:52 PM Gmail - RE: PRR Bodycam footage of Feb/2021-Crash - City Clerk Responsive Email
Eric McDonough <phd2b05@gmail.com>
RE: PRR Bodycam footage of Feb/2021-Crash - City Clerk Responsive Email

Julissa Chavez <JChavez@cityofhomestead.com> Thu, May 26, 2022 at 4:42 PM
To: Eric McDonough <phd2b05@gmail.com>
Cc: Elizabeth Sewell <ESewell@cityofhomestead.com>, Liz Palau <LPalau@cityofhomestead.com>, Monica Herrera
<MHerrera@cityofhomestead.com>
Good afternoon Dr. McDonough,
The body camera footage remains exempt as it is active criminal investigative information.
Section 119.011(3)(d) "Provides that active criminal investigative information shall be considered
active. Such information is directly related to pending prosecutions or appeals."
If you have any questions regarding the status of the case, please direct any such inquiries to the State
Attorney's Office.
Kind Regards,
Julissa Chavez, CMC
Office of the City Clerk
305 224-4440
From: Eric McDonough <phd2b05@gmail.com>

Sent: Tuesday, May 24, 2022 1:25 AM
To: Julissa Chavez <JChavez@cityofhomestead.com>
Cc: Patricia Fairclough <PFairclough@cityofhomestead.com>; Jenifer Bailey <JBailey@cityofhomestead.com>; Julio
Guzman <JGuzman@cityofhomestead.com>; Mayor Steve Losner <SLosner@cityofhomestead.com>; Sean Fletcher
<SFletcher@cityofhomestead.com>; Erica Avila <EAvila@cityofhomestead.com>; Larry Roth
<LRoth@cityofhomestead.com>; Elizabeth Sewell <ESewell@cityofhomestead.com>; Liz Palau
<LPalau@cityofhomestead.com>
Subject: Re: PRR Bodycam footage of Feb/2021-Crash - HPD Responsive Email/Docs
https://mail.google.com/mail/u/0/?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1733922934173809712&simpl=msg-f%3A17339229341… 1/5
CAUTION: This email originated from outside of the City of Homestead. Please do not click on any links/attachments
unless you recognize the sender.
Hi Elizabeth,
Since we have now determined that City/HPD lied and that Pablo Gutierress has been arrested, please provide under FS.
119 all records responsive to this incident within five business days, claim a valid exemption, and/or provide a reasonable
and statutorily warranted invoice, or face getting sued again. There will be no additional warnings given to a violation of
this request.
All previous demands such as electronic copies, statement with particularity for withholding each record, etc. apply here
as well.
Regards,
Dr. James Eric McDonough
On Tue, May 24, 2022 at 1:14 AM Eric McDonough <phd2b05@gmail.com> wrote:
HI Julissa,
This is not of your doing. I understand you are being used as a human shield to block me. This is directed at Sewell,
the Council, HPD, and the designees of the custodian of records.
We have some problems.
First, the designee of the custodian of records was never identified as required by law.
Second, I do not consider the brief response to be staging with particularly the reasons for the request.
Third, I know that Pablo Gutierrez was arrested, and as such HPD's investigation is closed by
arrest, the statement provided to me as well as the earlier statements provided to the media are all false..
So again provide me with all non-exempt responsive records, claim a valid exemption, or provide a reasonable invoice
by midnight Thursday, and meet your other statutory obligations or get sued again.
Stop trying to hide the fact that the blood of three dead teenagres is on the hands of HPD.
Regards,
On Mon, May 23, 2022 at 2:32 PM Julissa Chavez <JChavez@cityofhomestead.com> wrote:
Good Afternoon Dr. McDonough,
Per the traffic Investigator, the case is still being actively investigated, therefore the body worn camera
footage, the radio transmission recordings, and any other information in relation to the case is exempt
from Ch.119 under Criminal intelligence or active criminal investigative information F.S. 119.071(2)(c).
Kind Regards,
Julissa Chavez, CMC
305 224-4440

Sent: Monday, May 23, 2022 2:21 PM
To: Elizabeth Sewell <ESewell@cityofhomestead.com>
Cc: Liz Palau <LPalau@cityofhomestead.com>; Julissa Chavez <JChavez@cityofhomestead.com>; Patricia
Fairclough <PFairclough@cityofhomestead.com>; Jenifer Bailey <JBailey@cityofhomestead.com>; Julio Guzman
<JGuzman@cityofhomestead.com>; Mayor Steve Losner <SLosner@cityofhomestead.com>; Sean Fletcher
<SFletcher@cityofhomestead.com>; Erica Avila <EAvila@cityofhomestead.com>; Larry Roth
<LRoth@cityofhomestead.com>
Subject: Re: PRR Bodycam footage of Feb/2021-Crash - Acknowledgement of Request
Dear Elizabeth,
It has been three weeks and I have not received any further response from City. If City does not produce the records
by Midnight Thursday, I will be filing another public records lawsuit.
Regards,
On Wed, May 4, 2022 at 8:25 AM Julissa Chavez <JChavez@cityofhomestead.com> wrote:
Greetings from the Clerk’s Office,
Request Id: PRR-PD-1194
PRR - Request for body camera footage from the officers at the scene of the crash
in Mid-February, 2021, in which three teenagers drowned in a canal, and a fourth
teenager, Pablo Gutierrez, was found alive. I am only seeking body camera
footage from the time any chase, pursuit, or sighting occurred and when MD Fire-
Rescue arrived on scene.
Your request has been received in the City Clerk’s Office and forwarded to the Police
Department for processing.
As soon as we receive a response from them, we will contact you.
Kind Regards,
Julissa Chavez
Deputy Clerk
100 Civic Court Homestead, FL 33030 Office:¬305-224-4440
- PLEASE CONSIDER THE ENVIRONMENT BEFOR PRINTING THIS E-MAIL.
~Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or
in writing.~
From: Elizabeth Sewell <ESewell@cityofhomestead.com>

Sent: Tuesday, May 3, 2022 4:46 PM
Subject: FW: Records Request Bodycam footage of February 2021 Crash
Good afternoon Julie,
Please process this public record request.
Thank you.

Sent: Tuesday, May 3, 2022 4:09 PM
Cc: Mayor Steve Losner <SLosner@cityofhomestead.com>; Julio Guzman
<JGuzman@cityofhomestead.com>; Erica Avila <EAvila@cityofhomestead.com>; Patricia Fairclough
<PFairclough@cityofhomestead.com>; Jenifer Bailey <JBailey@cityofhomestead.com>; Larry Roth
<LRoth@cityofhomestead.com>; Sean Fletcher <SFletcher@cityofhomestead.com>
Subject: Records Request Bodycam footage of February 2021 Crash
CAUTION: This email originated from outside of the City of Homestead. Please do not click on any
links/attachments unless you recognize the sender.
Dear Elizabeth,
I hereby file a request for public records under FS. 119.
I am seeking the body camera footage from the officers at the scene of the crash in Mid-February, 2021,
in which three teenagers drowned in a canal, and a fourth teenager, Pablo Gutierrez, was found alive.
I am only seeking bodycamera footage from the time any chase, pursuit, or sighting occured and when
MD Fire-Rescue arrived on scene.
If any records are withheld please state with specificity in writing the reason for withholding the records.
As always electronic copies of electronic records are demanded.
Regards,
Exhibit B
Composite Exhibit C
5/27/22, 12:57 PM Gmail - Offer of Settlement and Compromise
Offer of Settlement and Compromise

Eric McDonough <phd2b05@gmail.com> Thu, May 26, 2022 at 12:58 AM
To: jestrada@cityofhomestead.com
Cc: "Samuel I. Zeskind" <SZeskind@wsh-law.com>, "Matthew H. Mandel" <MMandel@wsh-law.com>, Steve Losner
<slosner@cityofhomestead.com>, Sean Fletcher <sfletcher@cityofhomestead.com>, Julio Guzman
<jguzman@cityofhomestead.com>, Erica Avila <eavila@cityofhomestead.com>, Jenifer Bailey
<JBAILEY@cityofhomestead.com>, Patricia Fairclough <Pfairclough@cityofhomestead.com>, Larry Roth
<Lroth@cityofhomestead.com>
Hello Mr. Estrada,
I guess we decided not to go for the most open and transparent route, i.e. the easy route.
To be honest, though I have acted in good faith, I hoped you would continue to be derelict in your duties, as it will make it
so much easier to show just how corrupt Homestead is.
The choice to be transparent on your own terms, and not forced by a court will soon pass.
While maybe you have been busy, you are offered a fleeting chance to not have the blood of three dead teenagers on
your hands.
Choose wisely.
If you change your apparent position you are free to call me 571-245-5410, and you now have my email.
Regards,
On Wed, May 25, 2022 at 1:26 PM Eric McDonough <phd2b05@gmail.com> wrote:

Hello Manager Estrada,
I write to offer you a way for the city to avoid: a) wasting more precious resources; b) ending up with even more egg on
its face; and c) more needless litigation which it will lose.
You may be aware that I filed a public records request for specific body camera footage related to an incident occurring
in February 2021 where three teenagers drowned. It has been alleged that HPD lied to the public in its press release
about what transpired, and such should interest you if true.
First, City unlawfully delayed its response to this request when it responded on May 23, 2022 claiming all records were
exempt from disclosure.
Second, in its response City made a false statement in writing to me, claiming that the records were exempt due to an
open investigation, FS. 119.071(2)(c). However, as my sources had informed me, and as Captain Yanko Rodriguez
today confirmed, the suspect was arrested on May 12 or 13, 2022. Captain Yanko also confirmed that as the suspect
had been arrested the investigation was closed, and the records would now be available. Captain Yanko stated he was
going to look into this matter, and see about getting me an invoice.
If you think I am wrong you are free to confirm with your attorneys. The City has no defense here if I file
another lawsuit. As a courtesy I am copying them, as well as the Mayor and Council too.
So here is my offer:
The City responds in good faith, waives any fee and produces ALL body camera AND dash camera footage related to
the incident, before midnight Thursday, and I agree to not file a lawsuit on the illegally responded to records request.
That is the best offer you will ever get, I'd take it. And if you really want to show good faith and transparency the footage
will be provided to me by COB today.
Lastly, I wish to inform you that I filed another records request for all records related to the incident. This includes all
communications as well. This fact is brought to your attention as you should be aware that if any records, phone, logs,
https://mail.google.com/mail/u/0/?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-a%3Ar-2314854262871243886&dsqt=1&simpl=msg-a%3Ar-2… 1/2
5/27/22, 12:57 PM Gmail - Offer of Settlement and Compromise
emails, text messages, ect are destroyed it will be seen as spoliation/tampering with evidence and could possibly be
felony official misconduct. You should also be aware that the families of the three dead teenagers have filed notice of
their intent to sue the City, and the City has not even acknowledged this. Be certain that all of this will be litigated
eventually, and not by me but by real attorneys.
I look forward to a quick reply and production of the video footage I seek.
Regards,
/s/ James Eric McDonough, Ph.D.
https://mail.google.com/mail/u/0/?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-a%3Ar-2314854262871243886&dsqt=1&simpl=msg-a%3Ar-2… 2/2
Composite Exhibit D
6/29/22, 11:00 PM Gmail - RE: Records related to three dead teenagers - HPD Responsive Docs
RE: Records related to three dead teenagers - HPD Responsive Docs

Julissa Chavez <JChavez@cityofhomestead.com> Fri, Jun 10, 2022 at 2:56 PM
Cc: Elizabeth Sewell <ESewell@cityofhomestead.com>, Liz Palau <LPalau@cityofhomestead.com>, Monica Herrera
<MHerrera@cityofhomestead.com>, Camila Cardona <Camila.Cardona@homesteadpolice.com>, Paula Carballosa
<Paula.Carballosa@homesteadpolice.com>, Yanko Rodriguez <yanko.rodriguez@homesteadpolice.com>
Good afternoon,
Please see the corrected A-form attached to the link below:
https://homesteadpolicedepartment.sharefile.com/d-s5d4db8eb41404972a9dcc0f155939898
Please note the redactions/exemptions from public record: (confessions, pursuant to Fla. Stats. §§119.071(2)
(e)).
In regards to any accident reports or supplemental reports: They remain exempt as it is active criminal
investigative information.
Section 119.011(3)(d) "Provides that active criminal investigative information shall be considered active.
Such information is directly related to pending prosecutions or appeals."
If you have any questions regarding the status of the case, please direct any such inquiries to the State
Attorney's Office.”
Kind Regards,
Julissa Chavez, CMC
305 224-4440
https://mail.google.com/mail/u/0/?ik=0e34f33ef3&view=pt&search=all&permmsgid=msg-f%3A1735275290904830412&dsqt=1&simpl=msg-f%3A1735… 1/5
Sent: Thursday, June 9, 2022 4:10 PM
Cc: Liz Palau <LPalau@cityofhomestead.com>; Camila Cardona <Camila.Cardona@homesteadpolice.com>; Paula
Carballosa <Paula.Carballosa@homesteadpolice.com>; Yanko Rodriguez <yanko.rodriguez@homesteadpolice.com>;
Julissa Chavez <JChavez@cityofhomestead.com>; Al Rolle <arolle@homesteadpolice.com>; Jerry Estrada
<jestrada@cityofhomestead.com>; Patricia Fairclough <PFairclough@cityofhomestead.com>; Jenifer Bailey
<JBailey@cityofhomestead.com>; Larry Roth <LRoth@cityofhomestead.com>; Mayor Steve Losner
<SLosner@cityofhomestead.com>; Julio Guzman <JGuzman@cityofhomestead.com>; Sean Fletcher
<SFletcher@cityofhomestead.com>; Erica Avila <EAvila@cityofhomestead.com>
Subject: Re: Records related to three dead teenagers - HPD Responsive Docs
Dear Elizabeth,
I demand it be stated in writing with particularity the reason(s) for the conclusion that each redaction is exempt, under FS.
119.07(1)(f).
I demand an explanation in writing for the reasons that I was not given these records until 3 days after JMA Meda was,
though I filed my request four days earlier.
I demand immediate production of: the accident report and any supplemental reports; a statement that no such records
exist, a claim of a valid exemption; or a reasonable and warranted invoice. Is there seriously no accident report?
Regards,
On Thu, Jun 9, 2022 at 2:56 PM Julissa Chavez <JChavez@cityofhomestead.com> wrote:
Attached are the responses for your records request.
Kind Regards,
Julissa Chavez, CMC
305 224-4440
From: Julissa Chavez

To: 'Eric McDonough' <phd2b05@gmail.com>
Cc: Elizabeth Sewell <ESewell@cityofhomestead.com>; Liz Palau <LPalau@cityofhomestead.com>; Monica Herrera
Subject: PRR: Records related to three dead teenagers - Acknowledgement of Request
Importance: High
PRR - Requesting under FS. 119 the accident report and supplemental accident reports, as
well as any documents that would reveal the case status including any charging documents if
anyone has been charged.
Your request has been received in the City Clerk’s Office and forwarded to the Police Department for
processing.
Kind Regards,
Julissa Chavez, CMC
305 224-4440
From: Elizabeth Sewell <ESewell@cityofhomestead.com>

Subject: Fwd: Records Request for records related to three dead teenagers
Good morning Julie,
Please process this public record request.
Thank you.
Sent from my iPhone
Begin forwarded message:

Date: May 23, 2022 at 9:15:06 PM EDT
Cc: Mayor Steve Losner <SLosner@cityofhomestead.com>, Julio Guzman
<JGuzman@cityofhomestead.com>, Patricia Fairclough <PFairclough@cityofhomestead.com>,
Jenifer Bailey <JBailey@cityofhomestead.com>, Erica Avila <EAvila@cityofhomestead.com>,
Larry Roth <LRoth@cityofhomestead.com>, Sean Fletcher <SFletcher@cityofhomestead.com>,
"Samuel I. Zeskind" <SZeskind@wsh-law.com>, "Matthew H. Mandel" <MMandel@wsh-
law.com>
Subject: Records Request for records related to three dead teenagers
CAUTION: This email originated from outside of the City of Homestead. Please do not click on
any links/attachments unless you recognize the sender.
Dear Elizabeth,
I am dismayed that over a year later HPD still hasn't done their job and closed the investigation
or made an arrest, leaving the families of the teenagers in limbo.
Therefore, I am requesting under FS. 119 the accident report and

supplemental accident reports, as well as any documents that would
reveal the case status including any charging documents if anyone has
been charged.
This is for the accident from February 2021 where minor Pablo Gutierrez crashed into a canal
leading to the death of his three teenage passengers.
As always electronic copies of electronic records are demanded.
Further, if any responsive document is withheld as exempt please state in writing with
particularity the reason for withholding.
Regards,
*~CONFIDENTIALITY NOTICE~*
The information and any attachments in this Email are proprietary and strictly confidential. It is intended solely for the use of the
individual or entity named above. If the reader of this message is not the intended recipient or agent, you are hereby notified that
any disclosure, copying, distributing, or taking of any action based on the contents is strictly prohibited and protected by the law
governing records confidentiality. If you received this communication in error, please notify the sender and delete this
communication.
~Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-
records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.~
PRR-PD-1218 - HPD Responsive Records 6.10.2022.PDF

276K
Composite Exhibit E
6/30/22, 11:40 AM Gmail - Fwd: PRR Records Gutierrez / Khawly - Responsive Email Sent
Fwd: PRR Records Gutierrez / Khawly - Responsive Email Sent

JMA LIVE Body Cameras <jamesmadisonaudits@gmail.com> Mon, Jun 6, 2022 at 9:49 PM
Sent from my iPhone
Begin forwarded message:
From: Camila Cardona <Camila.Cardona@homesteadpolice.com>

Date: June 6, 2022 at 4:50:35 PM EDT
To: Julissa Chavez <JChavez@cityofhomestead.com>, JMA LIVE Body Cameras <jamesmadisonaudits@gmail.com>
Cc: Elizabeth Sewell <ESewell@cityofhomestead.com>, Liz Palau <LPalau@cityofhomestead.com>, Monica Herrera <MHerrera@cityofhomestead.com>
Subject: RE: PRR Records Gutierrez / Khawly - Responsive Email Sent
Hello,
Please see below for responsive records:
https://homesteadpolicedepartment.sharefile.com/d-s2cf243317d8843f4af1828c0075e8350
Regards,
Camila Cardona
Public Records Clerk
Homestead Police Department
45 NW 1st Avenue
Homestead, FL 33030
Ph: 305-224-5558
Fax: 786-349-6658
camila.cardona@homesteadpolice.com
Please click here to send any large files
- PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL -
** UNDER FLORIDA LAW, E-MAIL ADDRESSES ARE PUBLIC RECORDS.

IF YOU DO NOT WANT YOUR E-MAIL ADDRESS RELEASED IN RESPONSE
TO A PUBLIC-RECORDS REQUEST, DO NOT SEND ELECTRONIC MAIL TO THIS ENTITY.
INSTEAD, CONTACT THIS OFFICE BY PHONE OR IN WRITING.**
From: Julissa Chavez <JChavez@cityofhomestead.com>

Sent: Friday, June 3, 2022 3:00 PM
To: 'JMA LIVE Body Cameras' <jamesmadisonaudits@gmail.com>
Cc: Elizabeth Sewell <ESewell@cityofhomestead.com>; Liz Palau <LPalau@cityofhomestead.com>; Monica Herrera <MHerrera@cityofhomestead.com>
Subject: RE: PRR Records Gutierrez / Khawly - Responsive Email Sent
Importance: High
This email originated from outside of the Homestead Police Department. Think before you click on anything!
Good afternoon,
The body camera footage remains exempt as it is active criminal investigative information.
Section 119.011(3)(d) "Provides that active criminal investigative information shall be considered active. Such information is directly related to
pending prosecutions or appeals."
If you have any questions regarding the status of the case, please direct any such inquiries to the State Attorney's Office.
Kind Regards,
Julissa Chavez, CMC
305 224-4440
From: JMA LIVE Body Cameras <jamesmadisonaudits@gmail.com>

Sent: Friday, June 3, 2022 2:07 PM
Subject: Re: PRR Records Gutierrez / Khawly - Email from City Clerk
CAUTION: This email originated from outside of the City of Homestead. Please do not click on any links/attachments unless you recognize the sender.
I’m hoping for a response. You’re unlawfully delaying my request and unlawfully denying it.
I need those bits of information requested. There should be NO unreasonable DELAY with that.
Why is the state releasing information I am requesting from you??
I want that information requested by the end of business day as it is NOT EXEMPT and not exemptible per the statute as intelligence. It’s closed by arrest.
In addition, those axon audit trails HAVE NO BEARING On The case. They’re simple determinations of occurrences.
They’re a no juvenile exemption in this case either.
Sent from my iPhone
On Jun 2, 2022, at 3:40 PM, Julissa Chavez <JChavez@cityofhomestead.com> wrote:
Good afternoon James,
As soon as I receive a response from the Police Department, I will provide you with an update.
Kind Regards,
<image001.jpg>
Julissa Chavez, CMC
305 224-4440
From: JMA LIVE Body Cameras <jamesmadisonaudits@gmail.com>

Sent: Thursday, June 2, 2022 3:07 PM
Subject: Re: PRR Records Gutierrez / Khawly - HPD Responsive Email
CAUTION: This email originated from outside of the City of Homestead. Please do not click on any links/attachments unless you recognize the sender.
Mrs Chavez,
I asked for specific details that are NOT considered exemptible per Florida statute. It is a copy and paste
from the statute.
These are SPECIFICALLY listed as not criminal intelligence information and non exempt.
Who provided to you that this is exempt?
Who are all designees for records for all departments within the city of homestead
Sent from my iPhone
On Jun 2, 2022, at 10:11 AM, Julissa Chavez <JChavez@cityofhomestead.com> wrote:
The Police Department has completed researching your Public Record Request. PD has advised that the investigation is
still pending/active. At this moment, the records are exempt from Ch.119 public records.
Kind Regards,
<image001.jpg>
Julissa Chavez, CMC
305 224-4440
From: Julissa Chavez

Sent: Friday, May 27, 2022 11:29 AM
To: 'JMA Media' <jamesmadisonaudits@gmail.com>
Cc: Elizabeth Sewell <ESewell@cityofhomestead.com>; Liz Palau <LPalau@cityofhomestead.com>; Monica Herrera
Subject: RE: PRR Records Guiterrez / Khawly - Acknowledgement of Request
Importance: High
PRR - An incident that occurred in February 2021 where Pablo Guiterrez, a juvenile, was arrested this month. Please
provide the following: The time, date, location, and nature of the call. The time, date, and location of the incident of the
arrest of Gutierrez in May 2022. The crime charged for Gutierrez. 4. Serial number of BWC and in car camera
issued/assigned to Ryan Khawly of the date of the initial incident Feb 2021 with Gutierrez. Axon Audit Trail for Ryan
Khawly between 1 hour before and 1 hour after the above incident in Feb 2021. Evidence.com audit trail of Ryan Khawly
BWC. GPS tracking software speed points and location from any device designed to capture the location, movement and
vehicle position for Ryan Khawly.
Your request has been received in the City Clerk’s Office and forwarded to the Police Department for processing.
Kind Regards,
<image001.jpg>
Julissa Chavez, CMC
Deputy Clerk
100 Civic Court Homestead, FL 33030 Office: 305-224-4440
J PLEASE CONSIDER THE ENVIRONMENT BEFOR PRINTING THIS E-MAIL.
~Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.~
From: JMA Media <jamesmadisonaudits@gmail.com>

Sent: Friday, May 27, 2022 10:40 AM
To: Julissa Chavez <JChavez@cityofhomestead.com>; Elizabeth Sewell <ESewell@cityofhomestead.com>
Subject: PRR Records Guiterrez / Khawly
CAUTION: This email originated from outside of the City of Homestead. Please do not click on any links/attachments unless you recognize
the sender.
To Whom it may concern,
I am hereby requesting public records from the homestead police department subject to 119 disclosure.
An Incident that occurred in feb 2021 where Pablo Guiterrez, a juvenile, was arrested this month.
Please provide the following:
1.The time, date, location, and nature of the call
2.The time, date, and location of the incident of the arrest of Guiterrez in May 2022.
3.The crime charged for Guiterrez.
4. Serial number of BWC and In car camera issued/assigned to Ryan Khawly on the date of the initial incident feb 2021 with Guiterrez
5. Axon Audit Trail for Ryan Khawly between 1 hour before and 1 hour after the above incident in feb 2021.
6. Evidence.com audit trail of Ryan Khawly BWC
7. Gps tracking software speed points and location from any device designed to capture the location, movement and vehicle position for
Ryhan Khawly.
If there are any charges for this request please let me know in advance before beginning ANY work. From my experience as a LEO and
providing records this should be less than 30 minutes of time to gather and provide all of this as all records requested should be digitally
kept and exported in the same .
Thank you and I look forward to inspecting these records, photograph attached for identification of officer.
<image002.png>
JMA
<mime-attachment>
*~CONFIDENTIALITY NOTICE~*
The information and any attachments in this Email are proprietary and strictly confidential. It is intended solely for the use of the individual or entity named above. If the reader of this
message is not the intended recipient or agent, you are hereby notified that any disclosure, copying, distributing, or taking of any action based on the contents is strictly prohibited and
protected by the law governing records confidentiality. If you received this communication in error, please notify the sender and delete this communication.
~Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this
entity. Instead, contact this office by phone or in writing.~

Amended Petition - Open Records Request - Homestead, Florida

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Amended Petition - Open Records Request - Homestead, Florida

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IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR

MIAMI-DADE COUNTY, FLORIDA

DR. JAMES ERIC MCDONOUGH, CASE NO: 2022-09747-CA-01 (15)

AMENDED VERIFIED PETITION FOR WRIT OF MANDAMUS

here; 4) and all reasonable costs of enforcing this action.

THE PARTIES, JURISDICTION, AND VENUE

1. Petitioner, Dr. James Eric McDonough (“McDonough”), is an investigative

2. Defendant, City of Homestead (“City”), is a Florida municipal corporation located

Florida Public Records Act (“FS. 119 et seq.”).

the Florida Constitution.

8. Venue is appropriate since McDonough is a resident of Miami-Dade County, and

City is located within Miami-Dade County.

I. THE FIRST REQUEST

9. On May 3, 2022, McDonough submitted a public records request (the “First

drowned, after being chased by police.1 Composite Exhibit A.

was detained by City police and subsequently was released on scene.

criminal investigative information, FS. 119.071(2)(c). Composite Exhibit A.

another lawsuit would be filed. Composite Exhibit A.

information is directly related to pending prosecutions or appeals." Composite Exhibit A.

had been charged. Composite Exhibit D.

and supplemental reports. Composite Exhibit D.

24. On June 9, 2022, McDonough replied and demanded:

b. an explanation as to why he was not provided the A-form until three

c. immediate production of the accident reports and supplemental

records were exempt, or explain the delay in production. Composite Exhibit D.

27. FS. 119.011(3)(c)5 states in part:

“Criminal intelligence information” and “criminal investigative information”

excluded from the definition of “active criminal intelligence information” here.

560, 562 (Fla. 2d DCA 2014).

30. Whereas, any doubt as to the applicability of an exemption must be resolved in

483 (Fla. 2d DCA 1986).

arrest, so long as there is a pending prosecution or appeal, is absurd and unprecedented.

the records, as requested, and as required by FS. 119.07(1)(f).

IV. RELATED CASES

exemption, and unjustifiably delayed the production thereof.

responsive records for two of those requests.5

records and levied excessive charges.

40. Paragraphs 1-34 above are incorporated herein by reference.

Request and the Second Request.

43. City is an agency as defined in FS. 119.011(2).

electronic records keeping system(s), under FS. 119.01(1) and/or 119.01(2)(f).

statute, FS. 119.07(4)(d).

47. McDonough seeks and is entitled to a statement in writing describing with

48. McDonough seeks and is entitled to an in-camera inspection of any record, or

portion thereof, claimed to be exempt from disclosure under FS. 119.07(1)(g).

WHEREFORE, McDonough respectfully requests this Honorable Court to issue a Writ

52. Paragraphs 1-34 above are incorporated herein by reference.

Request and the Second Request.

55. City is an agency as defined in FS. 119.011(2).

57. City refused to provide non-exempt and responsive records by claiming an

58. There exists an actual bonafide dispute/controversy pertaining to McDonough’s

60. As an investigative journalist covering abuse and corruption within City,

refusals to produce non-exempt responsive records – through the claim of an inapplicable

is not: speculative in nature; seeking legal advice; or a mere advisory opinion.

of a valid exemption is unlawful.

WHEREFORE, McDonough respectfully requests this Honorable Court to: 1) declare

any other relief deemed just and proper.

67. Paragraphs 1-35 above are incorporated herein by reference.

Request and the Second Request.