Incident Records, Complaints, Audio/Video Evidence, and Disciplinary History For December 4th ,2024 incident

Jordan Lassiter
Investigative Journalist
April 10, 2025

VIA EMAIL & FOIL PORTAL
Peekskill Police Department
Custodian of Records
2 Nelson Avenue
Peekskill, NY 10566
Email: [email protected]

DISCLAIMER:
This request is submitted underneath the New York Freedom of Information Law (FOIL), Article 6 of the Public Officers Law. All communications relating to this request could also be shared publicly as a part of a journalistic transparency initiative.

FREEDOM OF INFORMATION LAW REQUEST – Incident Records, Complaints, Audio/Video Evidence, and Disciplinary History Involving Officer Jackman (Badge #64), Officer Kreuscher (Badge #39), and Sergeant Franco

Dear FOIL Officer,

Pursuant to the New York Freedom of Information Law (Public Officers Law, Article 6), I, Jordan Lassiter, hereby request entry to the next records referring to the conduct, inner oversight, grievance historical past, audiovisual documentation, and communications involving Officer Jackman (Badge #64), Officer Kreuscher (Badge #39), and Sergeant Franco of the Peekskill Police Department. This request is prompted by a selected incident involving these officers that occurred on or round December 4, 2024, and consists of broader issues relating to skilled conduct.

In accordance with New York Public Officers Law § 84-90, and the prevailing interpretation of FOIL in related court docket selections together with Matter of Gould v. New York City Police Dept., 89 N.Y.2nd 267 (1996), and Mulgrew v. Board of Educ. of City Sch. Dist. of City of N.Y., 87 A.D.3d 506 (1st Dept. 2011), the next records are requested:

Incident-Specific Records for December 4, 2024:
a. All body-worn digital camera footage, sprint digital camera footage, surveillance video, or third-party video recordings involving or captured by Officer Jackman, Officer Kreuscher, and Sergeant Franco throughout the incident on December 4, 2024. Please point out whether or not every machine was activated, practical, and in compliance with departmental coverage. (Gould, 89 N.Y.2nd at 276, confirming public entry to factual supplies and recordings).
b. Any 911 audio recordings, CAD experiences, dispatcher logs, or transcripts associated to the December 4, 2024 incident. (Daily Gazette Co. v. City of Schenectady, 93 N.Y.2nd 145 (1999), requiring disclosure of factual parts of police records).
c. Any inner experiences, use-of-force varieties, narrative experiences, affidavits, complaints, or supplemental documentation created in relation to the December 4, 2024 incident. (LaRocca v. Bd. of Educ. of City of Niagara Falls, 220 A.D.2nd 1000 (4th Dept. 1995)).
d. Any textual content messages, emails, or different communications between officers or supervisors associated to the incident, together with casual channels (e.g., private gadgets utilized in official capability). (Matter of Tuck-It-Away Assoc., L.P. v. Empire State Dev. Corp., 54 A.D.3d 154 (1st Dept. 2008)).
e. Any disciplinary proceedings, administrative investigations, citizen or inner complaints, memos, command evaluations, or findings associated to the conduct of Officer Jackman, Officer Kreuscher, or Sergeant Franco throughout or in response to this incident. (Matter of New York Civ. Liberties Union v. New York City Police Dept., 32 N.Y.3d 556 (2018)).
f. Records indicating whether or not Officer Jackman didn’t activate his body-worn digital camera, and any assessment of this motion for coverage violation or misconduct. (Matter of Prisoners’ Legal Servs. of N.Y. v. New York State Dept. of Corr. & Community Supervision, 73 N.Y.S.3d 651 (3d Dept. 2018)).
g. Any complaints or statements alleging Officer Jackman used profane, disrespectful, or demeaning language towards residents whereas in uniform throughout this incident, together with any written or recorded civilian affidavits or statements. (Matter of Luongo v. Records Access Officer, Civilian Complaint Review Bd., 150 A.D.3d 13 (1st Dept. 2017)).

Officer Jackman (Badge #64):
a. A complete listing and abstract of all civilian or inner complaints filed towards Officer Jackman, whether or not sustained or not, together with the character of the allegations, grievance dates, and disciplinary outcomes. (Matter of New York Times Co. v. City of N.Y. Police Dept., 179 A.D.3d 556 (1st Dept. 2020)).
b. All disciplinary actions, counseling records, inner memos, and listening to transcripts involving Officer Jackman. (Gould, 89 N.Y.2nd at 276).
c. Any video, audio, written testimony, or affidavits submitted in relation to earlier disciplinary proceedings. (Luongo, 150 A.D.3d at 20).

Officer Kreuscher (Badge #39):
a. A abstract of all civilian or inner complaints filed towards Officer Kreuscher, together with the character of the allegations, incident dates, and outcomes. (Matter of Hearst Corp. v. State of N.Y. Police, 109 A.D.3d 32 (3d Dept. 2013)).
b. Any disciplinary actions, official reprimands, or findings of misconduct involving Officer Kreuscher. (Matter of Karlin v. McMahon, 96 N.Y.2nd 842 (2001)).
c. Any body-worn digital camera footage or sprint digital camera recordings from different incidents that had been the topic of misconduct complaints involving Officer Kreuscher. (Matter of Daily Gazette Co.).

Sergeant Franco:
a. All civilian or inner complaints filed towards Sergeant Franco, together with allegations of supervisory misconduct, retaliation, dereliction of obligation, or discriminatory conduct. (Matter of Police Benevolent Assn. of N.Y. State Troopers, Inc. v. State of N.Y., 11 N.Y.3d 96 (2008)).
b. All disciplinary records, findings, or hearings involving Sergeant Franco, together with reprimands, suspensions, demotions, or administrative listening to documentation. (Gould, 89 N.Y.2nd at 276).
c. All body-worn digital camera, dashcam, surveillance, or audio recordings involving Sergeant Franco throughout the December 4, 2024 incident or any incident tied to filed complaints. (Daily Gazette, 93 N.Y.2nd at 151).

FORMAT & PRESERVATION
Please present all records in digital format (PDF, MP4, MP3, and so forth.) with unique metadata intact. Video ought to embrace time stamps and unique audio. Redactions must be minimized, and any withheld data should be justified in writing citing particular FOIL exemptions, accompanied by a Vaughn-type index.

FEE WAIVER REQUEST
As a credentialed journalist and public transparency advocate, I request a waiver of all related charges. Disclosure of this data is within the public curiosity and can considerably contribute to a broader understanding of Peekskill Police Department operations and oversight. If anticipated charges exceed $50, please notify me earlier than continuing. (Matter of Farbman & Sons v. N.Y. City Health & Hosps. Corp., 62 N.Y.2nd 75 (1984)).

RECORD PRESERVATION
Please protect all responsive records, together with digital communications, audio/video proof, and paper documentation, till this request is absolutely processed, together with the exhaustion of all appeals and authorized cures.

CONCLUSION
This request helps transparency and accountability in regulation enforcement practices. I request acknowledgment of receipt inside 5 enterprise days and a full response throughout the statutory deadline. Please embrace a monitoring quantity or reference ID in your reply.

Sincerely,
Jordan Lassiter
Investigative Journalist
[email protected]

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April 16, 2025 at 11:17PM