David B. Malik, Esq. Attorney at Law ‘The Hanus Building a 8437 Mayfield Rd., Ste. 103 Office: (440) 729-8260 Chesterland, OH 44026 Fax: (440) 729-8262 Chief Troy Hager 28 Mentor Avenue P.O. Box 601 Painesville, Ohio 44077 July 1, 2010 RE: DAVID LEE NALL Dear Chief Hager, Please be advised that this office represents David Lee Nall and the family of David Lee Nall On or about June 26, 2010 City of Painesville police officers entered the home of David Lee ‘Nall. While in the home, at least one of these police officers unnecessarily tasered Mr. Nall who ‘was unarmed. After he was tasered, Mr. Nall lapsed into severe physical distress. Nevertheless, offensive compliant techniques and tactics were utilized by the officers and he was handcuffed. Eventually, an ambulance was finally called by the police because of Mr. Nall’s obvious physical distress. While my investigation into this incident is pending, I ean tell you with certainty that Mr. Nall is now lying inside of the Hillerest Hospital Critical Care Unit with a severe brain injury. Pursuant to the Ohio Public Records Act I am seeking the following information and documents within seven days of the receipt of this letter. 1. Each and every police department or other investigatory notes of the incident.v ‘The cell phone number of each officer at the scene and each officer investigating this incident. 3. A list of calls made from each officers cell phone at the scene and those investigating this ineident, 4, The tape recording of each officer’s personal and police issued tape recorders, at the scene and investigating this incident. 5. Each and every video, photo, diagram, drawing, and document related to the incident and the investigation. 6. Each and every 911 calls , dispatch recording, and recording of each police channel which was used to relay information regarding this incident. This includes EMS and fire calls. 7. Each and every statement obtained by investigators relating to the June 26, 2010 incident. 8. Each and every Records Management System printout or report or equivalent report regarding this incident and the investigation of this incident. In addition, we are deeply concerned that information regarding this case will be lost, altered or destroyed before it reaches the undersigned counsel. Therefore, please completely answer the following questions and provide the information requested for each area identified below. The information requested is appropriately within the parameters of a public records request: DOCUMEN \T RETENTION POLICIES 9, Do you have a written policy for the retention of documents, including but not limited to business and police department records? 10, Please produce copies of any and all written policies for the retention of documents, for the time periods of June 26, 2010 to the date the information requested in this document is provided. 11. Do you have a written policy for the destruction of documents, including but not limited to business and police department records?12, Please produce copies of any and all written policies for the destruction of documents, for the time period of June 26, 2010 to the date the information responsive to this request is provided. 13, Has any destruetion or overwriting of documents relating to this incident which occurred on or about June 26, 2010 been suspended so that information relating to the incident is preserved” If so, on what date did suspension began’? 14, Identified by job title, job description and business address and telephone number, who are all persons in charge of implementing the policies identified in your answers above? 15. Identify by job title, job description, and business address and telephone number, the person(s) working for the City of Painesville and the police department who are the most knowledgeable about the retention and destruction of documents policies and procedures? 16. With respect to preventing the spoliation of documents and things, that may potentially become evidence in litigation, please identify ‘with particularity and in detail the names and titles of the individuals charged with the responsibility to prevent the spoliation of documents and evidence within the City of Painesville and its police department. 17. Please produce all documents referenced in the immediately preceding questions that identify those person(s). 18. Since June 26, 2010], have any documents at the police department or the City of Painesville relating to this incident or the subsequent investigation been destroyed? If so, please state which electronic or other files have been deleted from the magnetic or optical storage media of any computer in the custody of the City of Painesville, the police department, the officers involved in the incident, the investigators or anyone else associated with the case, Also, identify which files have been overwritten from June 26, 2010 the date this request is answered and dates of destruction or overwriting, 19. As to the storage of data generated by the potice department, its officers and the users of your computers (such as word-processedfiles and e-mail), please state whether the data are backed up on tape or other media? If so, state: How many such media currently exist with backup data on them? What is the maximum storage size in megabytes for each such media? What is the brand name of each such media? ‘When was the last time each such media was backed up with data? What was the computer or other hardware (e.g., individual workstation, server) for each sch backup? With respect to the immediately foregoing question, state the physical location and current user of each computer or other hardware listed. ere se 20. Please produce all backup and/or archived media, for the time period of June 26, 2010 to the time this request is answered, STOREAGE OF ELECTRONICALLY STORED INFORMATION (“ESI”) 21, Does or did the city of Painesville and its police department maintain, or contract with other party to maintain, an overall inventory of data resources such as a Year 2000 Plan or Disaster Recovery Plan? If so, please provide the name, address, phone number and other contact information for the individuals primarily responsible for maintenance of the inventory and/or plan. 22, Produce any and all municipal and police department organizational and poliey information in its entirety, including but not limited to organizational charts, municipal poly and procedure manuals, policy ‘memoranda, system schematic, network topology, system restart procedures, e-mail retention policies, Year 2000 Plan, Disaster Recovery Plan, and other related items. FORM: [ION ABOUT PERSONNEL Provide a list of all personnel responsible for maintaining computer Hardware, date or information systems on computers for the City of Painesville and police department. Include name, position title, contact information, and official job description and list of duties. 24, Produce all formal job descriptions, assignments and personnel lists for IT and IS personnel.LOOSE MEDIA (INCLUDING BACKUP AND ARCHIVE) 25.Does the City of Painesville and the police department maintain a policy regarding use of loose or removable media in its workstations, computers or networks? If so, state the name of the person(s) responsible for creating and enforcing that policy. 26.Provide a copy of the policy mentioned in #25 above, as well as any revisions, records or logs related to formulation or enforcement of that policy within the last five years. 27.Produce any and all devices used to place information on loose or removable storage media, including but not limited to hard drives, floppy drives, CD-ROM drives, tape drives, recordable DVD-ROM. drives, and removable drives (e.g., Jaz, Syjet, Zip, SuperDisk). Include all instructions for use and maintenance of those devices. 28. Produce any and all loose or removable media used to store data, including but not limited to floppy disks, CD-ROM dises and tape drive cartridges that have been used by personnel or contractors related to this case 29. Produce any and all backup and/or archived data related to the June 26, 2010 incident. COMPUTER HARDWARE 30. List all computer equipment provided by any entity or used by employees of the City of Painesville and its police department to perform work related to the June 26, 2010 incident and subsequent investigation, including but not limited to hardware and/or peripherals attached to a computer such as computer cases [desktop, tower, portable/batteries, all-in-one], monitors, modems [internal, external], printers, keyboards, scanners, mice [cord and cordless], pointing devices [joystick, touchpad, trackball] and speakers. Include description of equipment, serial number, all users for the period June 26, 2010 to the present and dates used, and all locations where the equipment was located for the period of use,