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St. Lawrence County denies Freedom of Information Law request for 911 recordings regarding DA office party

Posted 6/1/16

By JIMMY LAWTON St. Lawrence County has denied a Freedom of Information Law request that could shed light on what occurred at a May 6 party in Potsdam that led to at least two resignations in the …

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St. Lawrence County denies Freedom of Information Law request for 911 recordings regarding DA office party

Posted

By JIMMY LAWTON

St. Lawrence County has denied a Freedom of Information Law request that could shed light on what occurred at a May 6 party in Potsdam that led to at least two resignations in the District Attorney’s Office.

North Country This Week submitted the FOIL request for the E911 records May 11 after several readers questioned the events at the party and stated the call originally involved a knife threat or attempted stabbing threat.

Unfortunately, according to Bob Freeman, Director of the state Committee on Open Government, St. Lawrence County cannot release the 911 recording due to a section of county law.

“Records, in whatever form they may be kept, of calls made to a municipality's E911 system shall not be made available to or obtained by any entity or person, other than that municipality's public safety agency, another government agency or body, or a private entity or a person providing medical, ambulance or other emergency services, and shall not be utilized for any commercial purpose other than the provision of emergency services,” the law states.

However, Freeman says that public safety agencies and government bodies including the St. Lawrence County Board of Legislators may access the records and could share information from those records if they choose.

“The law refers to the phone call itself. If somebody who has access to it had heard it, there is no prohibition,” he said.

Freeman says the Committee on Open Government has opposed the law that restricts access to the E911 recordings, which are considered public records in many states.

He said 911 records should be disclosed or withheld pursuant to the Freedom of Information Law, which under current law is superseded by NYS County Law.

The recordings sought by North Country This Week were in relation to Potsdam Police’s response to a Market Street apartment rented by then Assistant District Attorney Matthew Hogestyn, who resigned effective the same day.

Several other members of the prosecutor’s office were reported to have attended the party, including then-ADA David Park, who also resigned after being charged with drunk driving after allegedly leaving the party.

In an interview with North Country This Week, Potsdam Police, after reviewing recordings that came into the station and prompted the police response, stated that no knife was mentioned during the emergency calls.

Police said that when they arrived at the party, a doorknob on Hogestyn’s apartment entry door had been removed and there was one individual outside the apartment with multiple people inside. The officer was able to open the door and entered the apartment.

Police reported that several of those present were intoxicated and one of them also pointed out to the responding officer that there was a sheathed knife on the floor.

The officer on scene questioned those present as to whether the knife was used in any sort of confrontation, but all present stated that nothing like that had occurred, police said. Police did not speculate why attention was drawn to the knife.

NCTW filed for the 911 emergency recordings prior to speaking with Potsdam Police and pursued access to the public records because the original phone calls are believed to have come into St. Lawrence County’s E911 system, not the Potsdam Police Department.

NCTW has submitted an additional FOIL request seeking further details regarding the incident. The denial of the May 11 request was received May 31.