Marina Cameras FOIA

[XLFD]

In the thread, Body Recovered at City Marina  , Angela reminded this absent-minded person that I had reported about the marina purchasing 5 cameras just a year ago in this thread Taking a Bite.  Being that we had a dead body show up in the marina, with no answers about how it got there, with no statement made by the Ludington Police Dept. about the cameras at all, I saw this as a good venue for a FOIA request to see what they might turn up. 

 

On June 6, I sent the following FOIA request with the usual parameters: "I am requesting to receive copied electronic files to this E-mail address or failing that, to personally inspect the following public records:   The video recordings of the various surveillance cameras around the Ludington Municipal Marina for the times period between 9:00 PM Friday June 1, 2012 to 9:00 AM Saturday June 2, 2012."

 

I got it bounced back to me as Mr. Shay was currently off on medical leave.  As I understand it, as reported from my sources, he is having a problem with stress-induced intestinal problems and is having it surgically treated.  I hope in his convalescence that he can look over his official actions that he has done here at Ludington, and consider taking a less stressful job as a football referee, which he enjoys.  I seriously only see a lot more stress coming up for him in the very near future, from his past ethical/legal transgressions catching up with him, when he resumes his position as head honcho here in Ludington.

 

Sending it to the Assistant City Manager, Jackie Steckel, I got back in the mail a response from Chief Barnett which told me that it was denied due to 'security measures'  FOIA Reply p2, and that it was partially granted.  The Chief filled out the form a bit differently than Shay, so I had initially overlooked typing in the first page which gave me permission to view these at the station  FOIA Reply p.1. 

 

Further inquiry namely:  "I can understand your concerns with undermining the effectiveness of a security system, but I do think a copy of that footage should be available through FOIA as these are publicly procured security cameras in a publicly funded marina where the positions and pointings of the cameras are easy enough to determine to one who is out looking for them. Likewise, a viewing would similarly undermine effectiveness if I relate the story to the rest of the public.

Will I be afforded the opportunity to copy portions of the viewed footage for my usage, if such use is requestedon Tuesday? If the answer is yes, I will have no problem with your FOIA decision, and I will consider the appeal abandoned. If the answer is no, I must appeal such a decision on principle.

Either way, I and another will be in to view the footage at 12:30 tomorrow. Where should we go?"

 

Yielded this answer:  "I will not provide a copy of security system footage as I expect that it would be posted and that would undermine the effectiveness of a security system."  and another inquiry gave me this:  "As set forth in your request for a copy of the recordings and your latest question "Will I be afforded the opportunity to copy portions of the viewed footage for my usage" , that request is denied.

To release the recordings for general dissemination on a website, or similar outlet, would undermine the effectiveness of the security system by showing the field of view and perspectives of the system. It would also reveal what is not monitored. The effectiveness of the system is enhanced by the notion that "everything is covered".

Come into the Ludington Police Department Front Desk at 12:30 pm."

 

I do believe that does violate MCL 15.233 section 1:  "Except as expressly provided in section 13, upon providing a public body's FOIA coordinator with a written request that describes a public record sufficiently to enable the public body to find the public record, a person has a right to inspect, copy, or receive copies of the requested public record of the public body."  The chief had not exempted this public record for private viewing, by allowing "public servant enemy #1" (me) and my girl the opportunity to view it, therefore I should have been able to get copies.  I will review this further and likely see the City Council in two weeks.

 

Either way I had to resign myself to going to the LPD station (where I had been banned for 14 of the prior 16 months) and watch videos with Chief Mark Barnett.  This is a man I have very good reason to be intimidated and threatened by since his actions led me to being XLFD, he was instrumental in making the letter of trespass policy, and he had argued that his police officers had the right to travel 40 mph on the left side of the street in a 25 mph no parking zone, in a school zone, during school hours to me with a straight face, while telling me that I could be ticketed as a bicyclist for riding 21 mph in a 25 mph zone for obstructing traffic.  This was on November 5, 2008, our last social meeting.

 

So yes, I wasn't looking forward to our reacquaintance, but accepted it, and brought my girl along to hold either of us back.  She's good at that.  We arrived promptly before 12:30 PM on Tuesday.

 

After checking in, Chief Barnett came out and greeted us with, and I paraphrase since he banned any recording equipment, "Any camera equipment, cell phones capable of taking audio or visual recordings on you.  Any photographic equipment on you?"  And once that was confirmed, we were walked into his office, sat with his right hand man Captain Harrie, where he went on:  "OK, just so we're clear.  There is no authorized audio or visual recording in this office.  Do you agree with that?"  We did, reluctantly, but I am sure that wasn't some two way rule-- I'm sure we were being taped. 

 

For the next forty minutes we reviewed the tapes of two cameras, with the Chief manipulating the computer monitor.  One posted on the NW corner of the marinas and fixed on the gashouse, and would catch boats going in and out during that twelve hour period.  The other was aimed at the 'D' and 'E' docks.  Both cameras we saw were digital fixed (low-resolution zoom-ins) that recorded by motion activation.

 

It was interesting to see the water level change during the night, and because of that, see weed masses that could be mistaken for other things emerge in the water.  Also interesting was the basic lack of activity at the marina that Friday night/Saturday morning.  On the docks we saw no one, just boats, and only one boat left that morning, which the Chief said had been identified, but revealed nothing else.  But you couldn't see any area near the transient dock walkway, and never any sign of Lin Lang Zou.

 

I can respect most of the Chief's parries for the questions I did ask, as it is an active investigation and he can be about as covert as he wants to be, but one of his last responses to my girl's questions (she is becoming so inquisitive!) was that it was 'really sad, there is some background information with her and her family', he paused, 'it is a sad situation.'   It and other non-verbal clues lead me to believe where their tracks will lead.

 

I think the truth in this situation may be cut and pasted so as to absolve the City of Ludington of any liability, and that is sad.  It is too bad we cannot have a more neutral party investigating this death of a 'transient' at the transient docks.  Consider, the City Manager's and the Mayor's connections with the running of this marina and their part in the  installation of the dangerous walkway open to the general public that has deep murky water and tripping hazards on one side of it.

[Fran Cisco]

Now how'd I guess there'd be a FOIA in this article? Good for you. Keep people on their toes. Look forward to hearing more evolve.

[XLFD]

I was out to the marina today doing some research on my own.  I got some odd looks from the kids of the City Officials that work at the marina.  I almost forgot to mention that within a week of this accident happening, the City of Ludington put up another video camera pointing east on the same pole as the gas station camera.  This at least covers the west section of the transient dock's walkway, but I don't think it could capture the east portion, as there is a significant rise in the middle of the walkway's distance.  It is an improvement on coverage, but the area she was found would still be out of range.   

I hope to not only keep them on their toes, but to keep them truthful. 

[AQUAMAN]

Sounds like Big Brother wants the spying to be a one-way street, and dissemination of footage should be denied because that's the way they want it, and that's the way it's going to be, period. If the footage was indeed an important and critical part of this ongoing investigation, I can see not releasing it publicly, or at least for the time being. To make it unavailable with flimsy excuses and rhetoric is simply denial of the FOIA in it's entirety, pretty much, and I cannot understand nor honor that type of reply. Standing steadfastly in quicksand to justify your principles and needs to be secretive against public wishes and requests, only bespeaks of a secrecy that smells fishy and is corrupt in the end. Shame on you LPD, you can be better than this, the quicksand is still under your feet in your present position. Time to move on, transparency is all the public has to hold you honest to your oaths of office, and at long last, if not now, then when? I've got the feeling that the "real reason" for not releasing footage, is that the entire system is flimsy and faulty in it's intent and costs to the taxpayers, as one other poster eluded to earlier too.

[XLFD]

The gashouse camera is a good one to have.  You cannot only monitor the gas pumps, but catch the boats entering and leaving the marina.  Have another one trained on the entrance, and you have basic security of the marina covered.  The camera pointing at the "D" and "E" docks is unnecessary, infringes on the privacy of the marina users, and would be much better used if it was pointed to the east along the transient dock walkway.  Oh, but then we would have seen what really happened here. 

Putting up these 5 limited capability marina cameras for $25,000 when the base system has already been installed, is a stretch.  But putting in an unsafe transient dock for nearly $1,000,000 when the prior situation was more asthetic and safer is also something I just don't understand.

[XLFD]

It's not like you can't look up and see these cameras and see where they're pointing.  The two footages I seen were pretty much what I went in expecting, and I only wanted the option to copy a still shot or two from the footage.  In the previous thread on the security cameras at the marina, I had already pointed their location out.

As for the City of Ludington, they have singled me out since 2008, but I will continue to play at double play depth when they do, and I'll turn a few in this game.  That baseball lingo is even more appropriate in this situation, since the place where the body was recovered would have been between home and first base in the Ludington Mariner's ballpark which was situated where the marina is now. 

I have appealed the inability to make copies of the public records I inspected, and I will eventually win that battle I trust.

[snide]

If the cameras didn't pick up how she got there...What good are they...? If it was an accident,like X seems to think ,why wasn't it caught on tape. This was a murder plain and simple and if you eat at China Buffet you are supporting it.

[XLFD]

The 5 cameras at the marina in their lifetime have pointed at:

a)  The boat entrance/gaspump house

b)  Docks "D" and "E"

c)  The street/sidewalk entrance to the marina

d)  The Marina bathhouse

e)  The Marina playground area

 

As someone with a security background, I think camera a) is well placed, as this can catch those who enter and exit the marina on a boat and oversee the gas pumping operations.  Camera c) is also well placed if it catches all foot and vehicle traffic entering the marina.  Camera b,d,and e would be better off trained elsewhere. 

Camera b) should be moved to the corner of Loomis and William and trained to have the east transient walkway to its far right, the eastern docks to its left. 

Camera d) should have been with camera a) but pointing east to have the western docks to the right, and the west transient walkway to the far left. 

Camera e) would be better placed to the west of the marina playground catching that area in the foreground, the parking lot and the restrooms in the background.

 

This covers the entrances into the marina by foot, vehicle or boat, and covers any boats or other incidents that happen at the transient marina docks.  It would definitely have caught Ling Lang's entrance into the marina, if not the water.  Until I see something substantiating murder, I will maintain my stance, and eat at the China Buffet. 

[Fran Cisco]

I'm not familiar with the area in Ludington. There are still too many questions that remain unanswered. And the delay in response only makes me more curious. I hope you stay on top of this. My gut says something's not quite right.

[XLFD]

Chief Barnett is very anal-retentive with his investigations and his evidence, so that's kind of normal, considering.  But many here in the Ludington area are going to be very interested in the investigation's results, as the 'objectivity' and 'competency' of the LPD came into question at multiple times during the Baby Kate investigation, and this will be a big test on whether they show either of those two qualities when dealing with a death that may indicate either a killer that may still be on the loose or an accident that may be the result of dangerous conditions existing on the transient marina dock walkway. 

[AQUAMAN]

This is exactly what we have when no one elects the LPD Chief, he's an appointee only, hand picked for political gains, not an elected "local person", official, that cares and be competent in the duties of the office, and only answers to the CM now, and the CC of Ludville. Looks like down-staters with experience in big city crime really cannot cut the mustard when the chips are down.....or can they? Is that why they come here? Time will tell, or maybe it can just be swept under the dirty rug for too many such unanswered incidences around here the last few years. This is too "fishy" an incident to have a dead end already LPD, wake up and go to work on the facts.

[Willy]

Has there been any reports released that say how long the woman was in the water or what the cause of death was?

[XLFD]

I asked the Chief whether there was anything from the autopsy that showed how long she may have been in the water, and the cause of death, but it's an active investigation, so he didn't want to comment just yet. 

The toxicology results should either be back or arrive this week, and so it will be interesting to see how quickly they can make a finding of facts.  If they don't make it public by early next week, they will hold off any announcement until after July 4th.