Baby Kate Cover-up Continues: Dan Ruba Records Sealed?!

[XLFD]

First off, I would like to thank Dan Ruba for allowing me to put him back in the public spotlight.  If you don't remember, he was the boyfriend of Ariel's mother who testified in court about a couple of issues that had came up before Baby Kate went missing.  He was never a suspect, was pretty much just a 'character witness', who told us that Sean had once told him while drinking a while ago that he could get rid of a body without anyone ever being able to find it.  That comment was not about anyone in particular and Baby Kate wasn't even born when he made it.  He coupled this somewhat by commenting on Ariel Courtland's temper being such that she punched out a window once, and noting that Sean kept his temper.  Dan Ruba is pictured below.

 

Still nothing in court signified that what Dan Ruba said should in anyway influence the current investigation's path.  So why is Chief Barnett, behind the FOIA apparatus of City Manager John Shay and City Attorney Richard Merlin Wilson, withholding any Baby Kate records regarding him?

Particularly since Dan Ruba is so willing to comment on anything about this case to anyone, as is April (Ariel's mother), but they are wondering like everyone else why they cannot receive any information now that the investigation records have been self-sealed by Chief Barnett.  He does not have that power.  And why can't Ariel get the results of her own polygraph test if she wants it; why would the disclosure of that information disrupt the current cold investigation concentrating on a murder charge of Sean Phillips, Baby Kate's father?

 

Here's the full poop.  I sent a FOIA request to John Shay earlier this week during the same time others were sending in FOIAs that mirrored my own made earlier in June and already denied on appeal.  It involved Dan Ruba.  With the usual parameters I asked for access to:

 

1) All interviews (recordings or transcripts) conducted with Dan Ruba, alone or with others, by any LPD operative.

2) All written records received by any LPD operative from Dan Ruba or delivered to Dan Ruba from any LPD operative.

3) Any lie detector test results administered to Dan Ruba in the LPD's possession.

4) Any written record now in the possession of the LPD received from any other agency investigating the Baby Kate disappearance, specifically dealing with Dan Ruba's possible involvement.

Nothing fancy, just changed Ariel's name to Dan's name, even though I was made aware he had not taken a polygraph test.  The result I got back was a denial based on the edict that they were investigatory records and they were specifically exempt by statute.  The same check marks you would get back for Ariel, if you have did a FOIA.  I then sent a supplemental question about my request the next day:  

"John,

Please elaborate on what statute is actually being used to deny these records, as per your reply, and why Dan Ruba's records, who in my understanding was just a witness as to what happened before the Baby Kate disappearance, is blocked from disclosure as investigatory records.  If you can explain neither, please consider this an appeal."

John, who has been very responsive to FOIAs lately replied just earlier today:

"Tom,

I have attached the City of Ludington’s amended response to your FOIA request.  Some of the records that you requested do not exist.  Any other records that you requested that do exist are part of an open law enforcement investigation and, therefore, cannot be released."

 

Seriously?!  I really should have left him a copy of the FOIA as well, because he is totally wrong, as I could point to a variety of Michigan court precedent that proves him wrong.  I did just a little research, and wrote him back as expediently as he responded to me.

 

"John,

You said "Any other records that you requested that do exist are part of an open law enforcement investigation and, therefore, cannot be released.".  That is a total fabrication.  Here is a link to a current event of significance:   Zimmerman records opening goes to court

Just a couple of days ago, interviews, lie detector tests, and other materials were released under court order as related her in this USA Today article:  "Florida prosecutors Tuesday  (6-25-12) released a written report that included results of a  voice stress analysis — a lie detector test — with other reports and recordings.  The release resulted from a court order after news organizations argued that  prosecutors had withheld information that should be public."

Let me remind you that they have yet to seat a jury for George Zimmerman, that he is the object of the investigation, and most of the stuff being released is what I am asking for here on a non-suspect.  What's the deal?  Is the LPD covering up more incompetence in this investigation other than what has already been released?

I will appeal this before the City Council on Monday, July 9, 2012 at 6:30 PM and I expect some friends to show up as well looking for information regarding Ariel Courtland.  Give the City Councilors a copy of the  FOIA law this time, and suggest to them that they read it beforehand."

Duly signed, and also CC-ed over to Leon Hendrix of WOOD TV.  They can single this pumpkin out for making FOIA requests that show the operatives of the City of Ludington are operating outside of the law, but why are they openly disobeying the law in front of everyone about the release of public documents that need to come out. 

 

They have successfully pinned the blame on someone, had him sent up the river for ten to fifteen in a courtroom effort that had many scratching their heads about the evidence against Sean Phillips, and the veracity of the prosecution's star witness, the mother of Baby Kate. Anyone who has taken Investigations 101 class knows that you don't set aside any witness that had the time, motive, and opportunity to do the crime, especially when she is caught in lying on the witness stand later. 

 

But someone was given a free pass, and all the investigators involved seem to think its a given.  I and many others can't, so we just want to take a look at what makes all these reasonable lawmen think she is beyond suspicion.  Failing that, breeds only more questions, not only of her, but of the investigators.

[vickie folk]

total bullshit!  i think the reason is due to that they dont know what the F**k their doing!

[XLFD]

John's still on top of things, I just got this an hour ago, if you have done step 4 of the BK worksheet you may be there too:

Tom:

The City will place your appeal on the agenda for the City Council meeting on Monday, July 9, 2012 at 6:30 p.m.

 

With everyone able to make a 5 minute statement in the public comments, and then everyone who has submitted a FOIA appeal able to defend their appeal for 5 minutes, we can keep the City Council sitting all night if we have enough people willing to speak up. If you don't wish to speak up, I will gladly go through case law regarding release of documents if you want to cede your time to me. Freedom for Baby Kate!

[Sargent Pepper]

I will cede my time to you. Just let me know what I need to do.

[XLFD]

If you can, show up.  If you're comfortable doing so, make a comment during the public statement, of up to 5 minutes, about anything you might want to.  Bring up a personal story if you have one about how this case has effected you; it will be a good start for what will occur later.  You can't cede your time for that section. 

[XLFD]

Tonight is the night for the City Council appeal.  A check on tonight's agenda has no real business other than two FOIA appeals, as was also reported on page A8 of Saturday/Sunday edition of the LDN.  If you want answers to the Baby Kate mystery, please come and support the effort to get these records released.  Prepare something from the heart for the public comments section, if you have the cojones to face these guys. 

The groundwork has been laid for the appeal to the court system.  Expect justice to work slowly, and our officials to drag their feet during the whole process.