Fifty-one years after the June 14, 1969 disappearance of Dennis Lloyd Martin from the Great Smoky Mountains National Park, the Federal Bureau of Investigation is still hindering the release of fourteen active FOIA requests the disappearance, which was labeled a lost person case.
There are several deficiencies with the Federal Bureau of Investigation’s claims of refusal to release the one-hundred-forty-seven page report based on the presumption of the Exclusionary Rule.
· The Federal Bureau of Investigation has denied my FOIA request on three occasions by shielding themselves with the Exemption Rule, which they have not proven.
· The case was deemed a lost person case with no criminal aspect.
· The FOIA request was reviewed and denied by a civilian clerk with no law enforcement experience or knowledge of the case.
· The Federal Bureau of Investigations has not provided a certified witness to support their claim of the Exemption Rule for each of the documents or photographs requested.
· The case is now fifty-one years old, and at this point, the Federal Bureau of Investigation has failed to prove:
Ø 1.) That any prospective law enforcement action will be taken.
Ø 2.) That any law enforcement action is in progress.
Ø 3.) The release of the requested documentation and photographs would prejudice any law enforcement action.
Ø 4.) Nor have there been any viable leads in the case after the initial investigation or an active investigation.
· The mere fact of an investigation by a law enforcement agency (FBI) is not a pivotal fact to support the Exemption Rule.
· The Federal Bureau of Investigation has failed to provide proof that after fifty-one years, the case is up-right for any prosecution, nor have any potential suspects been identified.
· The Federal Bureau of Investigation is merely using the Exemption Rule to withhold records not because a prospective law enforcement action will be taken but rather in hopes of such action, or specifically to dissuade the public from the true nature of the case.
· Even if a prospective law enforcement action was to be taken, the Federal Bureau of Investigation has not provided evidence that the records being shout would be used in any such action.
· The mere concern of personal demographics within the documentation does not support the Exemption rule. The requestor has interviewed all parties involved in the case and is aware of the specific demographics of the persons involved (Listed below).
· The Federal Bureau of Investigation has failed to support the denial of the records but instead responds in a vague and unsubstantial claim of the Exemption Rule, which inherently blocks the spirit of the Freedom of Information Act, 5 USC Sect. 552, 1966, and the Freedom of Information Act 2000, which provides public access to public authorities’ information.
This was written by Michael Bouchard. To see more books written by him please check out the following page. True Crime Author’s Michael Bouchard Profile Page – Savagewatch