Dana Cody, Esq.Executive Director

Catherine W. Short, Esq.

Legal Director

Mary RileyAdministrative Director

Allison K. Aranda, Esq.Senior Staff Counsel

Board of Directors

John R. Streett, Esq.Chairman

Dana Cody, Esq.

Marcella Tyler Ketelhut

Terry L. Thompson, Esq.

Colette Wilson, Esq.

Anthony E. Wynne, JD

Advisory Board

The Hon. Steve BaldwinSan Diego, California

The Rev. Michael R. Carey, OP, JDColorado

Daniel Cathcart, Esq.Los Angeles, California

The Hon. William P. ClarkPaso Robles, California

Raymond Dennehy, PhD.San Francisco, California

The Rev. Joseph D. Fessio, SJSan Francisco, California

The Hon. Ray Haynes Riverside, California

James Hirsen, Esq.  Riverside, California

The Hon. Howard KaloogianLos Angeles, California

David Llewellyn, Esq.Sacramento, California 

Anne J. O’Connor, Esq.New Jersey

Charles E. Rice, Esq.  South Bend, Indiana

Ben Stein, Esq.West Hollywood, California

Andrew Zepeda, Esq.Beverly Hills, California

Northern California (Administration)P.O. Box 2105Napa, California 94558(707) 224–6675

Southern California

August 3, 2012

Office of Medical ExaminerBureau of Administration2121 West Harrison StreetChicago, Illinois 60612-3705312-666-0500

RE: FOIA Request for Autopsy Report

Dear Ladies and Gentlemen,

I am an attorney with the Life Legal Defense Foundation. It has come to my attention that a formal public records request was sent to your office by Cheryl Sullenger requesting the autopsy report concerning the deceased Tonya Reaves (DOD 7-20-12). This request was sent in writing to your agency on July 23, 2012. On July 31, 2012, Ms. Sullenger received a phone call from your office informing her that her request was denied because she did not have family authorization or a subpoena.

Illinois law specifically states that all records in the custody or possession of a public body are presumed to be open to inspection or copying. Illinois Compiled Statues Annotated Section 140/1.2. Further, the state of Illinois has not exempted “autopsy reports” from the public access requirement. To the contrary, in 2010 the Illinois Public Access Counselor reviewed a Freedom of Information Act (FOIA) request for autopsy reports in the files of the medical examiner and concluded that, “the reports are public records and should be released.” Ill. Att'y Gen. Pub. Acc. Op. No. 10-003, issued October 22, 2010. In fact, the FOIA Guide for Law Enforcement published July 12, 2012, by the Attorney General’s Office also specifically states that autopsy reports are public records and should be released.

As such, your office has no basis to deny my client’s request for the autopsy report involving the deceased Tonya Reaves. I expect your office will immediately comply with Ms. Sullenger’s lawful request for this public document. If your office does not comply, we will be forced to take legal action pursuant to Illinois Compiled Statues Annotated Section 140/11.

It should be noted that your office has already failed to comply with Illinois law in regards to the denial of Ms. Sullenger’s request. Illinois Compiled Statues Annotated Section 140/9 provides “Each public body denying a request for

LIFE: AT THE HEART OF THE LAW

public records shall notify the requester in writing of the decision to deny the request, the reasons for the denial, including a detailed factual basis for the application of any exemption claimed, and the names and titles or positions of each person responsible for the denial.” Your notification via telephone violated the statute and has already denied Ms. Sullenger due process of law. Any further delay will be met with legal action. Thank you for your cooperation in this matter.

Sincerely,

Allison K. Aranda, Senior Staff CounselLife Legal Defense Foundation

LIFE: AT THE HEART OF THE LAWLLDF.org