PAULK: Sheriff shares federal letter on ‘KJ’ case
Published 9:00 am Sunday, June 7, 2020
Since my return to the office of sheriff in 2017, there have been constant allegations that we have done nothing to review the case of Kendrick Johnson.
To set the record straight, please accept the following:
1. We have met with the parents many times to review any files we have and also to address any new theories they wanted investigated.
2. We have gone back to people, who had previously been interviewed, to see if we could acquire any new information.
3. After exhausting all efforts, the only action left was to acquire and review all the information in the federal government files.
On April 2, 2019, I drafted a letter, with the assistance and approval of Kenneth Johnson, Kendrick’s father, to the United States Attorney Office requesting all their information,
On July 2, 2019, I finally received the enclosed letter, which denied access to any of their information.
I would be very appreciative if you would publish this information, so the public could possibly help us acquire these files.
U.S. Department of Justice Letter: July 2, 2019
Dear Sheriff Paulk,
On May 2, 2019, we have received your letter of April 2, 2019, in which you requested to receive records relating to Kendrick Johnson, which were not previously released by any federal agency. It is our understanding that the records you seek are related to the criminal investigation of the death of Kendrick Johnson, which was conducted by the U.S. Department of Justice, and which was closed in 2016. Also, it is our understanding that prior to the DOJ’s investigation, an investigation of this matter was conducted by the Lowndes County Sheriff’s Office, and that investigation is also closed. This letter constitutes a reply from the Executive Office for United States Attorneys, the official record-keeper for all records located in this office and the various United States Attorneys’ Offices.
To provide you with the greatest degree of access authorized by the Freedom of Information Act and the Privacy Act, we have considered your request in light of the provisions of both statutes.
The records you seek are located in a Privacy Act system of records that, in accordance with regulations promulgated by the Attorney General, is exempt from the access provisions of the Privacy Act. 28 CFR 16.81. We have also processed your request under the Freedom of Information Act, and this letter is a full denial. Our agency has fully withheld records relating to the criminal investigation into Kendrick Johnson’s death pursuant to the following FOIA exemptions:
(b)(3)/Rule 6(e) of the Federal Rules of Criminal Procedure
(b)(5)
(b)(6)
(b)(7)(C)
For your convenience, we are enclosing an attachment which further explains these FOIA exemptions.
This is the final action of this above-numbered request. If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy, United States Department of Justice, Suite 11050, 1425 New York Ave., NW, Washington, D.C. 20530-0001, or you may submit an appeal through OIP’s FOIA online portal by creating an account on the following website: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.”
You may contact our FOIA Public Liaison at the Executive Office for United States Attorneys for any further assistance and to discuss any aspect of your request. The contact information for EOUSA is 175 N St., NE, Suite 5.400, Washington, D.C. 20530; telephone at (202) 252-6020; or facsimile (202) 252-6048. Additionally, you may contact the Office of Government Information Services at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001; email at ogis@nara.gov; telephone at (202) 741-5770; toll-free at 1-877-684-6448; or facsimile at (202) 741-5769.
Sincerely,
Kevin Krebs, Assistant Director
Ashley Paulk is the sheriff of Lowndes County.