Re: FOIA request

On 8/28/07, Alberto Benitez <abenitez_64@yahoo.com> wrote:

alberto benitez

159 e cr 2130

Kingsville,Texas

78363

Date: August 28,2007

Texas A&M Kingsville University

Kingsville, Texas, 78363

Dear Officer for Public Records/Sgt. Garcia

        This request is made under the Texas Public Information Act, Chapter 552, Texas Government Code, which guarantees the public's access to information in the custody of governmental agencies.  I respectfully request copies, internal administrative documents relative to the alleged Texas Commission on Law Enforcement Standards  investigation which was stated by Chief Sandra Jefferson on or about January 2007 this was stated to Sgt. Garcia and Officer Ryan Hale. The information was forwarded to this officer. :Statements were made by Chief Jefferson on or about January 2007 concerning an on-going investigation by her Chief Ricardo Torres KPD, and others. It is imperative that FOIA request all the alleged parties involved in this TCLEOSE investigation which the Texas commission has NO RECORD of?

        All documents, call logs via TAMUK phones, and/or official cell phones relative to this "so-called" TCLEOSE investigation concerning this officer alberto benitez. All  documents, letters, memorandum, reports etc. Meeting schedules, itinerary for these alleged meetings with TCLEOSE investigators and/or any other "so-called" investigator(s) pertaining to the allegations by Chief Sandra Jefferson.

 It should be noted that a FOIA request has already been received from TCLEOSE concerning this particular event.

         In the interest of expediency, and to minimize the research and/or duplication burden on your staff, I would be pleased to personally examine the relevant records if you would grant me immediate access to the requested material.   Additionally, and since time is a factor, please communicate with me by United States Mail so that we may be in compliance with mail and wire fraud statutes.

  Disclosure of this information is in the public interest because providing a copy of the information primarily benefits the general public.  I therefore request a waiver of all fees and charges pursuant to Section 552.267 of the act.

        I shall look forward to hearing from you promptly, as specified in the law. Thank you for your cooperation.

 

Sincerely,

alberto benitez

§ 37.09. TAMPERING WITH OR FABRICATING PHYSICAL 
EVIDENCE.  (a) A person commits
 an offense if, knowing that an
 
investigation or official proceeding is pending or in progress, he: 
  (1)  alters, destroys, or conceals any record, 
document, or thing with intent to impair its verity, legibility, or 
availability as evidence in the investigation or official
 
proceeding;  or
  (2)  makes, presents, or uses any record, document, or  
thing with knowledge of its falsity and with intent to affect the 
course or
 outcome of the investigation or official proceeding.
 (b)  This section shall not apply if the record, document, or 
thing concealed is privileged or is the work product of the parties  
to the investigation
 or official proceeding.
 (c)  An offense under Subsection (a) or Subsection (d)(1) is 
a felony of the third degree.  An
 offense under Subsection (d)(2) is 
a Class A misdemeanor. 
 (d)  A person commits an offense if the person:                                
  (1)  knowing that an offense
 has been committed, 
alters,
 destroys, or conceals any record, document, or thing with 
 intent to impair its verity, legibility, or availability as 
evidence in any subsequent investigation of or official proceeding 
related to the offense;  or
  
Acts 1973,
 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.   
Amended by Acts 1991, 72nd Leg., ch. 565, § 4, eff. Sept. 1, 
1991;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
  
Acts 1997, 75th Leg., ch. 1284, § 1, eff. Sept. 1, 1997.


  § 37.10. TAMPERING WITH GOVERNMENTAL RECORD.  (a) A 
person commits an offense if he:
  (1)  knowingly
 makes a false entry in, or false 
alteration of, a governmental record;
  (2)  makes, presents, or 
 uses any record, document, or 
thing with knowledge of its falsity and with intent that it be taken 
as a genuine governmental record;
  (3)  intentionally destroys, conceals,
 removes, or 
otherwise impairs the verity, 
 legibility, or availability of a 
governmental record;
  (4)  possesses, sells, or offers to sell a governmental 
record or a blank governmental record form with intent that it be 
used unlawfully;
  (5)  
 makes, presents, or uses a governmental record 
with knowledge of its falsity;  or
  (6)  possesses, sells, or offers to sell a governmental 
record or a blank governmental record form with knowledge that it  
was
 obtained unlawfully.
 (b)  It is an exception to the application of Subsection 
(a)(3) that the governmental record is destroyed pursuant to legal 
authorization or transferred under
 Section 441.204 , Government 
Code.  With regard to the destruction of a local government record,
 
legal authorization includes compliance with the provisions of 
Subtitle C, Title 6, Local Government Code. 
 (c)(1) Except as provided by Subdivisions (2) and (3) and by 
 
Subsection (d), an offense under this section is a Class A
 
misdemeanor unless the actor's intent is to defraud or harm 
another, in which event the offense is a state jail felony.
  (2)  An offense under this section is a felony of the  
third degree if
 it is shown on the trial of the offense that the 
governmental record was a public school record, report, or 
assessment instrument required under Chapter 39, Education Code, or 
was a license, certificate, permit, seal, title, letter 
 of patent, 
or similar document issued by government, by another state, or by 
the United States, unless the actor's intent is to defraud or harm 
another, in which event the
 offense is a felony of the second  
degree.
  (3)  An offense under this section is a
 Class C 
misdemeanor if it is shown on the trial of the offense that the 
governmental record is a governmental record that is required for 
enrollment of a student in a school 
 district and was used by the 
actor to establish the residency of
 the student. 
 (d)  An offense under this section, if it is shown on the 
trial of the offense that the governmental record is described by  
Section 37.01(2)(D), is:
  (1)  a Class
 B misdemeanor if the offense is committed 
under Subsection (a)(2) or Subsection (a)(5) and the defendant is 
convicted of presenting or using the record;
  (2)  a felony of the third degree if the offense is  
committed under:        
   (A) 
 Subsection (a)(1), (3), (4), or (6);  or                                
   (B)  Subsection (a)(2) or (5) and the defendant is 
convicted of making the record;  and
  (3)  a 
 felony of the second degree, notwithstanding 
Subdivisions (1) and (2), if the
 actor's intent in committing the 
offense was to defraud or harm another.
 (e)  It is an affirmative defense to prosecution for  
possession under Subsection (a)(6) that the
 possession occurred in 
the actual discharge of official duties as a public
 servant.
 (f)  It is a defense to prosecution under Subsection (a)(1), 
(a)(2), or (a)(5) that the false entry or false information could  
have no effect on the government's
 purpose for requiring the 
governmental record.
 (g)  A person is presumed to intend to defraud or harm 
another if the person acts with respect to two or more of the same  
type of governmental records or blank governmental record forms and 
if each governmental
 record or blank governmental record form is a 
license, certificate, permit, seal, title, or similar document 
issued by government. 
 (h)  If conduct that constitutes
 an offense under this 
section also constitutes an offense under
 Section 32.48 or 37.13, 
the actor may be prosecuted under any of those sections.
 (i)  With the consent of the appropriate local county or  
district attorney, the attorney general
 has concurrent 
jurisdiction with that consenting local prosecutor to prosecute an
 
offense under this section that involves the state Medicaid 
program. 

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