Response to FOI request by Gary Staples in 1997
In November, 1997, a request was made by the Innocence Project on behalf of Gary Staples for the production of "all documents and exhibits relating to the investigation of Gary Staples leading to his conviction of murder ... and ultimate acquittal." The February 1998 response by the Hamilton police indicated that the records "do not exist" and that "[t]his file is closed." There was a further indication that the records had been "purged" and the court exhibits "destroyed" in accordance with the "records retention by-law" of the Hamilton Police.
Subsequently, in October 2000, the file was produced at the request of Gerald Burke's sons, and the Innocence Project students and the family members were allowed to inspect it, making it clear that the police response to Mr. Staples' 1997 FOI request was incorrect, and that there were ample records of the investigation of Gerald Burke's murder at the very time that the Hamilton Police had told Mr. Staples the records had been destroyed.
Response to Request for further access since November 2000
Shortly after the October 30, 2000 review and documentation of the police files, the Innocence Project wrote to the Hamilton police in November, 2000 to request additional access to the police files in respect of the murder of Gerald Burke. In December, 2000, Police chief Ken Robertson confirmed in writing that the law students and the Burke family members could return to the police station to further review the police records. However, when the law students and the family members tried to arrange for that access, they were told that the decision to allow them back was "under review." Following up on this, the students were subsequently told that a new decision had been made to deny all access to the files. Further, calls from the Burke family members to the officer in charge of overseeing access simply went unanswered and unreturned. Instead, the officer eventually asked one of the law students to pass on a message to the family members that they would not be allowed back in to review the files as promised.
The police gave students various versions of the reasons for the sudden denial of access, none of which EVER involved any threat of litigation, because no such statement was ever made. Contrary to earlier assertions that the file was "closed," the police at this point took the position that the file was "open" although inactive.
Response to media when lawsuit made public
On June 5, 2001, the Hamilton Spectator ran a front page story on the case in anticipation of the media conference to be held later that day. The full story is located here but following are excerpts of Chief Robertson's response to the Spectator reporter.
"It's a case that's 30 years old and it certainly shouldn't be a reflection on the current organization or its investigative techniques."
and
"I don't take too much interest in cases that are 31 years old, to be candid with you. But I certainly will as a result of this lawsuit, be having a detailed look at it."
and
Robertson said yesterday that police denied them access after they threatened a lawsuit. "These people that came in to look at the files were given the files by us. We opened the books for them to read," he said. "We allowed them access to look at the information, and in return they sued us. So obviously we've now restricted their further access...based on a pending lawsuit."
Letter to Chief of Police re: his statement to the media
The Innocence Project wrote to Chief Robertson immediately upon learning of the statements he purportedly made to the Hamilton Spectator reporter on June 5, 2001. The full letter is set out here.
In essence, the letter addressed two points: first, a request that the chief apologize to the Burke family members for the insensitive comments about his lack of interest in the murder of their father, and second, to address the falsity of the statement that access to the files was denied because of a threat of litigation.
Response to request for apology to Gerry Burke's sons
To date, neither Chief Robertson nor any representative of the Hamilton police department have apologized to Bob or Darrin or their families for the dismissive and insensitive remarks reportedly made in relation to their father's murder.
Response to request for clarification of quote attributed to Chief Robertson containing the untrue assertion that a lawsuit was threatened.
To date, neither Chief Robertson nor any representative of the Hamilton police department has ever responded to the request by the Innocence Project to clarify the statement attributed to Chief Robertson. Neither the law students nor the family members threatened a lawsuit at any time, nor did they even mention such a possibility at any time. Indeed, none of the parties ever conceived of a lawsuit until well AFTER the police reneged on their promise to allow further access to the files.
18 Months after the public announcement of the lawsuit, the Hamilton Police make the ultimate response: See the VICTORY!! page :-).
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