IN THE COMMONWEALTH OF PENNSYLVANIA OFFICE OF OPEN RECORDS, ATNIGHT MEDIA GROUP LLC., a Case No. OOR Dkt. 2023-2641 Pennsylvania limited liability company; aad NT PAT ZIBES EAT HIOU, i POSITION STATEMENT IN individual, SUPPORT OF RELEASE OF Requestor, RECORDS PERTAINING TO vy. CONVICTED MURDERER DANELO SOUZA CAVALCANTE CHESTER COUNTY DISTRICT ATTORNEY’S OFFICE RIK Filed: October 18, 2023 Ase Agency RTK Response: October 25, 2023 gency, OOR Appeal Filed: November 1, 2023 Position Statement Submitted: November 8, 2023 Preliminary Statement AtNight Media Group LLC. (hereinafter referred to as “AtNight Media Group”), respectfully submit this Position Statement in support of their request pursuant to the Pennsylvania Right-to-Know Law § 65 P.S. §§ 67.101 et seq., for the limited purpose of obtaining an affidavit or attestation! to solidify the Chester County District Attorney's Office (the “Ageney”) position that i) the Agency conducted a thorough review and search for responsive material related to the RTK, and ii) no records related to the RTK request exist, in the event that AtNight Media pursues this matter with the Chester County Court of Common Pleas, as authorized by statute. Ifa good faith search has not been executed, the Requestor respectfully requests the Office 2 The scope of what we seek to be included in the attestation(s) or affidavits) is outlined in this Position Statement’s Conclusion,of Open Records to issue a Final Determination instructing the Agency to 2) conduct a search in good faith for records pertinent to the Request & Procedural History. 1. AtNight Media Group is a representative of the news media and is primarily engaged in the dissemination of information to the public. The subject matter of AtNight Media Group’s request relates to the public's need to understand and inspect for itself the material. 2. The Chester County District Attorney’s Office (the “Agency”) is a local agency subject to the Pennsylvania Right-to-Know Law (the “RTKL”). 65 P.S. §§ 67.302. Records in possession of a local agency are presumed to be public, unless exempt under the RTKL or other law or protected by a privilege, judicial order, or decree. See 65 P.S. §§ 67.305. 3. On October 18, 2023, AtNight Media Group submitted a RTK Request electronically via the Agency’s portal, as permitted by statute. A true and correct copy of the RTK request and Agency response is attached hereto as Exhibit 1. 4. The scope of AtNight Media Group’s October 18, 2023, RTK filing was [All] emails sent to or received from an email address ending in “@longwoodgardens.org,” between August 29, 2023, and September 20, 2023. The scope of this request is limited to Chester County District Attorney Deb Ryan, her assistants, press secretary, criminal investigation chief, and any high-ranking officials under her in the office who were involved in the manhunt of Danilo Souza Cavalcante. If this request is unclear, please contact me to allow revisions rather than deny -2- Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt. 2023-2641the request. Similarly, if the requested data are available only in part, please fulfill the portion of the request that is available rather than denying it in full. For example, notes or reports are available/subject to release but personal identifying information are not, reply with the report summary and omit sensitive information. Ifmy request is deemed too broad or does not sufficiently identify the records, please inform me as required by the Pennsylvania Right-to-Know Law. Should there be any fees associated with fulfilling this request, kindly notify me in advance. See Exhibit 1. 5. On October 25, 2023, the Agency asserted that the requested material ‘does not exist’ or is ‘not in the possession of the Agency.’ See Exhibit 1. 6. On November 1, 2023, AtNight Media Group filed an intent to appeal the Agency’s response with the OOR. Il. Factual Background. 7. On August 31, 2023, at 1:09 p.m., the Agency disseminated an "Official News Release from the Chester County District Attorney’s Office regarding the escaped prisoner, Danelo Cavalcante." See “Inmate Escape trom Chester County Prison.” 2 Chester County, Chester County District Attorney Deb Ryan, 31 Aug. 2023 A true and correct copy of the initial news release distributed to members of the media with three attachments is attached hereto as Exhibit 2° AtNight Media acknowledged 2 https://www.chesco.org/DocumentCenter/ View/73285/2023_0831-Inmate-Escape-from-Chester-County-Prison, ‘Accessed 1 Nov. 2023, ° This release came over four hours after Inmate Cavalcante's escape from Chester County Prison, which took place ‘around 8:30 a.m, Addressing the serious threat, Chester County District Attorney Deb Ryan (the "DAO") -3- Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641the email and responded to the Agency at 3:13 p.m., inquiring about a media staging area for imminent coverage. A true and correct copy of the corresponding email is attached hereto as Exhibit 3. 8. That same evening, at 5:54 p.m., the Agency distributed the ‘Official Wanted Poster’ for Inmate Cavalcante to members of the media via e-mail, followed by a clarification shortly thereafter at 6:23 p.m. A true and correct copy of the respective e-mails are attached hereto as Exhibit 4. 9. On September 1, 2023, at 10:51 am., the Agency circulated an update concerning the manhunt for Inmate Cavalcante. A true and correct copy of the corresponding emails is attached hereto as Exhibit 5 10. On the same morning, at 11:27 a.m., Hong Xie from AtNight Media Group dispatched an email to the DAO, seeking a comment following information gleaned from a law enforcement source about Inmate Cavalcante's escape from the county jail’s roof. At 11:29 a.m., Dana Moore, the Communications Director for the Agency, forwarded the request to DA Ryan, who then replied to Mr. Xie's email at 11:56 a.m., mentioning a news conference slated for that afternoon A true and correet copy of the corresponding emails is attached hereto as Exhibit 6, At 12:00 p.m., the Agency issued a news release announcing a press conference regarding the manhunt for Inmate Cavaleante. A true and correct copy of the corresponding email is attached hereto as Exhibit 7. 11. On September 2, 2023, at 8:47 a.m., the Agency shared a news release and posted on social media that Inmate Cavalcante was seen at 12:30 a.m. on the 1800 block of Lenape Road, about 1.5 miles from the prison. A true and correct copy of the corresponding news release is attached hereto as Exhibi That same morning, at 11:49 am, the Agency hinted Inmate Cavalcante was also a prime suspect in an ternphaszed: "Danelo Cavalcante is consdered extremely dangerous, We ae seking the publ’ zsstance in locating him." Id. “4. Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt. 2023-2641attempted burglary at 11:30 p.m. on the 1000 block of Ballintree Lane in Pocopson Township and released video footage from a security camera on the 1800 block of Lenape Road, showing Inmate Cavalcante at 1:43 a.m. moving through the area under the cover of darkness. See Chester County District Attorney’s Office. “Fugitive Update — Active Manhunt Still Underway.”' Facebook, 2 Sept. 2023. The DAO reiterated the danger posed to public safety, emphasizing, “Law enforcement is requesting that residents in the area remain indoors at this time.” See Chester County District Attorney’s Office. “Fugitive Sighting in Pocopson Township Near Chester County Prison.”S Facebook, 2 Sept. 2023. A true and correct copy of the corresponding news release is attached hereto as Exhibit 9. 12. On the same morning, at 9:30 a.m., Longwood issued a statement reading, “based on the recommendation of authorities, we will be closed today, September 2, as the search for the escaped prisoner from Chester County Prison continues."° 13. On September 4, 2023, Inmate Cavalcante was spotted at Longwood Gardens for the first of many times. The camera captured the fugitive twice, once walking north and then about an hour later going south, The garden, a botanical marvel located just a few miles from Chester County Prison, soon became the epicenter of the search effort 14. On the same day, the Agency requested that 'PSP take a leading role” in the manhunt for Inmate Cavalcante. See WPVI, 6ABC. “Full Press Conference: Update on Search for Convicted Murderer Who Escaped Chester County Prison.” ? YouTube, * \wwvw.facebook,com/ChesCoDA/videos/'1548062856020809/?extid=CL-UNK-UNK-UNK-I0S_GKOT- GKICRmibextid=I6g6tw ‘www. facebook. com/100058241311807/posts/pfbido2inByFjFn4TUmXjeMZEWU3vcXzT vncHgmEocEZSCLINImILtm \VINcDP41gt438g31/?mibextid=l6gGtw ® ttps://x.com/longwoodgardens/status/16879651274572677 18?s=A6&1=ws_piRIZVcwYNHMASaduQ 7 www. youtube.com/watch?v=thpYFLFpe?s&t=159s 5. Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-26414 Sept. 2023. It wasn't until late that afternoon, well after the sighting, that the Agency requested PSP take over during a press conference which was televised across the globe. 15. On September 5, 2023, at approximately 4:45 a.m., Pennsylvania State Police requested a rover patrol on Baltimore Pike near Longwood Gardens Auxiliary Parking Lot after K9 units reportedly had a tracking scent of Escaped Murderer Cavalcante. See Hatziefstathiou, Nik T. “Moments Ago, Pennsylvania State Police Requested Police Conduct a Rover Patrol on Baltimore Pike near Longwood Gardens Auxiliary Parking Lot. K9 Units Reportedly Have a Tracking Scent.” * Twitter, 5 Sept. 2023. 16. At 7:11 a.m, that morning, the Agency released a statement saying in part, "The manhunt for escaped prisoner, Danelo Cavalcante, has expanded to include immediate areas surrounding Longwood Gardens." See Chester County District Attorney’s Office. “Manhunt Expanded to Include Areas Surrounding Longwood Gardens.” ° Facebook, 5 Sept. 2023. 17. At approximately 9:12 a.m., Pennsylvania State Police (the “PSP”) released a statement revealing that Inmate Cavalcante was captured twice on a trail-cam situated “on the property of Longwood Gardens.” Lt. Col. George Bivens said Inmate Cavalcante was captured once at 8:21 p.m. and again at 9:33 p.m. Monday night. See Pennsylvania State Police (PSP). “These Photos of [Inmate Cavalcante] Were Captured on a Trail-Cam on the Property of Longwood Gardens Last Night.” ” ® twitter.com/nikthehat/status/16989831064793007497s=46&t=ws_piRIZiVewNHMASaduQ. ‘www. facebook com/100058241311807/posts/pfbid02jyRMKBy8oXkwNyPM3mhXtTzBjuFR¢TNBS1bEGgIpctMkypE sMLCSchMDz5h82¥P|/2mibextid=I6gGtw. 2° twitter-com/pastatepolice/status/16990479504191451607s=4681=ws_piRIZIVcwYNHMASaduQ, “The search in Chester Co. for escapee Danelo Cavalcante continues this morning. These photos of him were captured on a trail-cam on the property of Longwood Gardens lastnight." -6- Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641Twitter, 5 Sept. 2023. At 11:07 a.m., Longwood released a statement stating, “The prisoner was sighted after the Gardens had closed for the day.” See Longwood Gardens. “The Prisoner Was Sighted After the Gardens Had Closed for the Day.” '' Twitter, 5 Sept. 2023. 18. At the September 5 news conference, Lt. Col. Bivens distinctly recognized the presence of Chester County District Attorney Deb Ryan and Chester County Chief County Detective David M. Sasa.” 19. Atapproximately 11:15 a.m., the Agency disseminated a statement indicating the receipt of information from Longwood. The statement from the Agency read in part: “Law enforcement received information about a new sighting of escaped convict Danelo Cavalcante early on September 5, 2023. The Pennsylvania State Police and the Chester County District Attorney’s Office are releasing the still photos ... there have been several credible sightings of the fugitive, observed in the immediate areas surrounding Longwood Gardens and Pocopson Township ... security at Longwood Gardens notified law enforcement that they had received trail camera footage that was taken on their property which showed an individual appearing to be Cavalcante.” See Chester County District Attorney’s Office. “Active Manhunt Updates.” 3 Facebook, 5 Sept. 2023. 20. On September 7, 2023, merely two days after Cavalcante was spotted on surveillance cameras at Longwood, the attraction reopened. Shortly before 9:00 a.m. Longwood released a statement reading in part: “With Police activity shifting to the ® twitter.com/longwoodgardens/status/1699076760028225700?s=468t=ws,_piRIZIVowYNHMASaduQ, ® This announcement implies a significant involvement of the Agency in all communications concerning the manhunt. “Joining me today are Chester County District Attorney Deb Ryan and Chief County Detective David M. ‘assa from the Chester County District Attorney's Office." Ibid, (n 2] (See: 0:07-0:15) ‘www. facebook. com/100058241311807/posts/pfbid02AoF MYcwBhdy/VRIfAg78TPnkl|rU74gpE7CAVdbxvNdpfwur NdXBS183NASRAY4GI/?mibextid=I6gGtw. “7. Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt. 2023-2641east, Longwood property is no longer part of the search radius. The Gardens will open today.” See Staff, CBS News Philadelphia. “Longwood Gardens to Reopen Thursday after Being Closed Due to Danelo Cavaleante Search.” '* CBS News, CBS Interactive, 7 Sept. 2023; and Longwood Gardens. “Longwood Property Is No Longer Part of the Search Radius.” Twitter, 7 Sept. 2023. 21. Around 5:15 p.m,, a law enforcement source (the "Confidential Source") affiliated with the Federal Bureau of Investigation (the "FBI") relayed to AtNight Media that authorities had recently acquired trail-cam footage capturing Inmate Cavalcante on Longwood's premises around 10 p.m. the previous night. 22. Not long thereafter, Longwood was evacuated due to the freshly recovered trail-cam footage along with a possible sighting reported shortly after noon on that day,"® 23. On September 9, 2023, the Agency disclosed two more confirmed sightings of Inmate Cavalcante occurring overnight. The statement noted, "The search area now spans Conservatory Rd. to State Route 52 and Street Rd. to Longwood Rd." See Joe! Wolfiam, Ana Ionova, and Campbell Robertson. “Manhunt Intensifies as Escaped Pennsylvania Prisoner Remains at Large.” '’ The New York Times, 8 Sept. 2023; and Chester County District Attorney’s Office. “From the Pennsylvania State Police Re Inmate Cavalcante.” '* Facebook, 9 Sept. 2023. % yw. chsnews.com/amp/philadelphia/news/danelo-cavalcante-update-chester-county-prison-escape- longwood-gardens/. ° twitter.com/longwoodgardens/status/1699764931950768346?s=46&t=ws_piRIZIVewYNHMASaduQ, * Ibid (n 22) 27 wwwunytimes.com/2023/09/08/us/prison-escape-chester-county-cavaleante. html yn. facebook. com/100058241311807/posts/pfoid02c8tVwwQHmYPeBU1AcbpD4HLpE6cpCn3BB4papXZozPiKRE 3kjkdBQ7W13Mhsrrxil/Pmibextid=l6gGtw, -8- Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641TI. Argument. 26. Longwood Gardens initially closed on September 2, 2023. The Agency led the investigation until September 4, 2023, at which point it was handed over to PSP. Longwood Gardens remained closed from September 2, 2023, to September 6, 2023, reopened for just one day on September 7, but had to evacuate around 6 p.m. that evening. Following this, the attraction closed once more from September 8, 2023, until September 13, 2023. See Andone, Dakin. “A Timeline of the Escape and Manhunt for Convicted Pennsylvania Killer Danilo Cavalcante.” '? Cable News Network, 13 Sept. 2023; Montag, Madison. “Popular Pa. Botanical Garden Evacuated amid Search for Escaped Killer: Report.” *® PennLive, 8 Sept. 2023; Rob Tornoe, Vinny Vella, Nick Vadala, and Robert Moran. “Longwood Gardens Evacuated as Manhunt for Danelo Cavalcante Continues.” *! Philadelphia Inquirer, 8 Sept. 2023; and “Longwood Gardens. Longwood Gardens to Reopen September 13." Twitter, 10 Sept. 2023 27. Summing these days, Longwood Gardens was closed for a total of 10 days. Communication via email between the Agency and Longwood Gardens would have been vital during the early stage of the investigation up to September 4. Considering the well-established relationship between the Agency and this long-standing attraction, it's plausible that the communication persisted even after the 2 wwr-enn.com/2023/09/12/us/danelo-cavalcante-escape-manhunt-timeline/index.html 2° ww. pennlive.com/news/2023/09/popular-pa-botanical-garden-evacuated-amid-search-for-escaped-kller- report. html. = ww inquirer.com/news/pennsylvania/ive/chester-county-prison-escape-danelo-cavaleante-manhunt-updates- 20230907 htm » twitter.com/longwoodgardens/status/1700993565026066453?s=468t=ws_piRIZiVcwYNHMASaduQ, -9- Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641investigation's leadership transitioned to PSP, ensuring a unified approach and information exchange throughout this critical timeframe. 28. Given the facts outlined in {7—427, it's highly probable that the Agency communicated with Longwood Gardens. The probability arises from several factors: (a). Longwood Gardens became a focal point in the search for Inmate Cavalcante, making it a critical area of interest for the authorities involved in the manhunt. (b). The Agency was playing a pivotal role in orchestrating the search efforts, making communication with key locations in proximity to the sightings, like Longwood Gardens, a logical and necessary step to ensure a coordinated and effective response. (co. On the morning of September 2, Longwood Gardens issued a statement indicating closure based on the 'recommendation of authorities’ as the search for Inmate Cavalcante continued. Given that the Agency was the lead investigator in the manhunt for Inmate Cavalcante at the time, it's reasonable to infer that the ‘recommendation’ cited by Longwood Gardens came from the Agency. However, even if the ‘recommendation’ came from the Pennsylvania State Police, it remains highly probable that the Agency was involved in related communications with Longwood, due to its central role in the investigation. (d). The continuous sightings and events unfolding in and around Longwood Gardens, including the capture of Inmate Cavalcante on trail- cam on the property of Longwood Gardens, suggests a high likelihood of communication between the Agency and Longwood Gardens for a cohesive approach towards the manhunt. (o). The statements released by the Agency, emphasizing the -10- Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt. 2023-2641expansion of the manhunt to areas surrounding Longwood Gardens, as well as receiving information from Longwood about new sightings of Inmate Cavalcante, further bolster the probability of communication between the Agency and Longwood Gardens. (. — The subsequent evacuation of Longwood Gardens and the massive deployment of various law enforcement agencies on its premises following the recovery of trail-cam footage showcasing Inmate Cavalcante, point towards an established communication channel between the Agency and Longwood Gardens for real-time coordination and response. (g). From September 2, 2023, to September 10, 2023, the intensive focus of the Agency, along with other local, state, and federal law enforcement agencies on Longwood Gardens and their associated properties, underscores the criticality of communication between the Agency and Longwood Gardens in managing the evolving situation and ensuring public safety. 29. The cumulative effect of these factors makes it highly probable that there was communication between the Agency and Longwood Gardens during the period of the manhunt for Inmate Cavalcante. 30. The idea that there was no communication between Longwood Gardens, a major tourist attraction in the Philadelphia region, and the Agency seems misleading Longwood Gardens—a botanical garden spanning over 1,000 acres and valued at more than $1 billion—was the focal point of the manhunt for more than half of the search duration. See Campbell Robertson, Shaila Dewan, and Joel Wolfram. “Prison <1. Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641Officials Say Human Error Played Role in Pennsylvania Escape.” The New York Times, 7 Sept. 2023; and Longwood Gardens Total Assets" Cause IQ, | Sept. 2022. 31. It’s hard to imagine that such a significant entity, being a focal point of the manhunt, wouldn’t have any communication with the Agency overseeing the operation. The claim of non-communication appears as a red herring, potentially diverting attention from the more likely scenario of collaboration between Longwood Gardens and the Agency to address the unfolding situation and maintain public safety. 32. Inthe case of the manhunt for Inmate Cavalcante, which at one point centered ikelihood of communication around the vicinity of Longwood Gardens, the between Longwood Gardens and the Agency becomes even more plausible. It's a standard protocol for law enforcement agencies to coordinate with significant local entities, especially when publie safety is at stake.” See Ana Ionova and Jack Nicas. “Pennsylvania Fugitive Has Been Trained for Survival, His Mother Says.”** The New York Times, 12 Sept. 2023. ® wworwnytimes.com/2023/09/07/us/prison-escape-chester-county-cavalcante.htm In an update on the search on Thursday, Lt. Col. George Bivens told reporters that someone had seen Mr. Cavalcante around noon near Longwood Gardens, a 1,000-acre botanical garden not far from the prison where he was seen on a security camera nights earlier. Law enforcement officers have converged on that area, Colonel Bivens said, searching on foot and horseback. Id. 2 yw causeig.com/organizations/longwood.gardens,S10110625/. Total Assets $1,303,150,390 Id. 25 The unfolding events of the manhunt, with the focus shifting towards Longwood Gardens due to several sightings, logically necessitate a level of communication and coordination between Longwood Gardens and the ‘Agency. The need for a cohesive and timely response to ensure public safety and to manage the evolving situation ‘would inherently require communication between the key stakeholders involved, further underscoring the likelihood of interaction between Longwood Gardens and the Agency during ths critical period. 2% www nytimes.com/2023/09/12/us/danelo-cavalcante-mother-pennsylvania-fugitive.html. So far, Mr. Cavalcante has not made that mistake. On Monday evening, however, he took a risk, entering ‘an open garage to steal a rifle and then coming under fire from the homeowner he robbed. But he got ‘away again and is now armed, heightening fears that he poses an even greater risk to the public. 1d. -12- Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641LEGAL ARGUMENT 33. The public has both a First Amendment and common law right of access to the requested redacted material. See Richmond Newspapers, 448 U.S, 555 and Globe Newspaper Co. v. Superior Court for Norfolk Cty., 457 U.S. 596 (1982); s re Cendant Corp., 260 F.3d at 192 (“It is well-settled that there exists, in both criminal and civil cases, a common law public right of access.”). 34. When interpreting a RTKL request, agencies should rely on the common meaning of words and phrases, as the RTKL is remedial legislation that must be interpreted to maximize access. See Gingrich v. Pa. Game Comm’n, No. 1254 C.D. 2011, 2012 Pa. Commw. Unpub. LEXIS 38 at *16 (Pa. Commw. Ct. 2012) (citing Bowling, 990 A.2d 813). 35. The Third Circuit has held that these requests of this nature are “mandated by at least six societal interests”: (1) promotion of informed discussion of governmental affairs by providing the public with a more complete understanding; (2) assurance that the proceedings are conducted fairly to all concerned; (3) “significant community therapeutic value”; (4) a check on corrupt practices by exposing the judicial process to public scrutiny, thus discouraging decisions based on secret bias or partiality; (5) enhancement of the performance of all involved; and (6) discouragement of perjury. Criden II, 675 F.2d at 556. 36. Section 901 of the RTKL provides, in relevant part: § 67.901. General rule Upon receipt of a written request for access to a record, an agency shall make a good faith effort to determine if the record requested is a public record, legislative record or financial record and whether the agency -13- Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641has possession, custody or control of the identified record, and to respond as promptly as possible under the circumstances existing at the time of the request. 65 P.S. § 67.901 37. There is no order by the Court ordering the documents requested by AtNight Media Group be sealed.2” IV. Obligation to Make a ‘Good Faith Effort’ to Locate Requested Records. 38. AtNight Media Group's RTK request requires the Agency to make a good faith effort to find and obtain responsive records before denying access. If an agency like the Chester County District Attorney's Office does not perform a search of records or contact third-party record holders until the matter is in litigation, the agency has denied access in willful disregard of the public's right to public records. Parson v. PA Higher Education Assistance Agency (PHEAA), 910 A.2d 177 (Pa. Commw.), (en banc), appeal denied, 917 A.2d 316 (Pa. 2006). 39. It is advisable not to deny access to records for a particular reason unless that reason can be substantiated in court. The journey to a bad faith finding begins with arguments that clearly go against established precedent. California University of Pennsylvania v, Bradshaw, 1491 C.D. 2018. 40. An Open Records Officer for an agency "must make a good faith effort to determine whether: (1) the record is a public record; and (2) the record is in the possession, custody, or control of the agency." Breslin v. Dickinson Township, 68 2 Section 708 of the RTKL places the burden of proof on the public body to demonstrate that a record is exempt. In pertinent part, Section 708{a) states: (1) The burden of proving that a record of a Commonwealth agency or local agency is exempt from public access shall be on the Commonwealth agency or local agency receiving @ request by a preponderance of the evidence.” 65P.$.§67.708(a)(1) -14- Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt. 2023-2641A.3d 49, 54 (Pa. Commw. 2013). 41. As part of a good faith search, the Open Records Officer has a duty to advise all custodians of potentially responsive records about the request, and to obtain all potentially responsive records from those in possession. See 65 P.S. §67.506(d). 42. If the records are not in an agency's physical possession, an Open Records Officer has a duty to contact agents within its control, including third-party contractors. See Breslin. 43. The OOR repeatedly reiterates and upholds the well-established principle that: “The burden of proving a record does not exist ... is placed on the agency responding to the Right-To-Know request.” (citing Hodges v, PA, Dep’t of Health, 29 A.3d 1190, 1192 (Pa. Commw. Ct. 2011) 44. — The decision stressed the responsibility of an agency to “make a good faith effort to determine if ... the agency has possession, custody or control of the record.” See 65 P.S. § 67.901. While the RTKL doesn’t provide a definition for “good faith effort,” the Commonwealth Court has clarified the responsibility of an Open Records Officer to undertake a good faith search, encompassing the duty: [To] advise all custodians of potentially responsive records about the request, and to obtain all potentially responsive records from those in possession .. When records are not in an agency's physical possession, an Open Records Officer has a duty to contact the agencies within its control, including third- party contractors ... After obtaining potentially responsive records, an agency has the duty to review the records and assess their public nature under ... the RTKL. Uniontown Newspapers, Inc. v. PA Dep’t of Corr., 185 A.3d 1161, 1171-72 (Pa. Commw. Ct. 2018); see also In re Silberstein, 11 A.3d 629, 634 (Pa. Commw. Ct. -15- Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-26412011) (holding that it is “the open-records officer's duty and responsibility” to both send an inquiry to agency personnel concerning a request and to determine whether to deny access). 45. Pursuant to 65 P.S. §67.506(d) of the RTKL, the Agency is required to take reasonable steps to secure the records from a third-party contractor and then make a determination if those records are exempt from disclosure. CONCLUSION For the reasons of law and fact outlined herein, the Requestor submits that sufficient evidence has been provided for the Office of Open Records to adjudicate this case. Therefore, in accordance with 65 P.S. §67.506(d), the Requestor respectfully asks the Pennsylvania Office of Open Records to uphold this appeal from Chester County District Attorney’s Office October 25, 2023, denial regarding Hatziefstathiou_v. Chester County District Attorney’s Office, Reference No. R000191-101823. The Final Determination should direct the Agency to either: 1) furnish a sworn statement or declaration confirming: (i) A thorough review of AtNight Media's RTK request was conducted, (ii) Consultation occurred with the County’s IT Department to assess the existence of any email files, i) Notification was given to all record custodians about the request, (iv) Engagement with internal agents and third-party contractors to identify any relevant RTK records, and (v) Inclusion in the email communication review and search of, but not limited to, the following individuals: -16- Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641(a) District Attorney Deb Ryan (b) First Assistant District Attorney Mike Barry (c) Chief of Staff Andrea Cardamone (d) Chief of Detectives David M. Sassa (¢) Detective Lieutenant Robert Dougherty (£) Sgt. Thomas Goggin, Major Case/Crime Scene Unit (g) Sgt. Jeremy Rubincan, Drug and Organized Crime (h) District Attorney Communications Director (Jane/John Doe) (i) District Attorney's Secretary (Jane/John Doe) Alternatively, if a good faith search has not been executed, the Requestor respectfully requests the OOR to issue a Final Determination instructing the Agency to 2) conduct a search in good faith for records pertinent to the Request, (i) Moreover, if such records are found, they should be delivered to AtNight Media Should the good faith search conclude with no responsive records found, Requestor asks the OOR to Group within a legally defined reasonable period, and (i mandate the Agency to issue a sworn declaration or statement to AtNight Media Group confirming this finding Respectfully submitted, Nik Hatziefstathiou on behalf of AtNight Media Group -W7- Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641I, Nik Hatziefstathiou, the Requestor, hereby certify that the within Position Statement on Appeal was electronically served upon the parties and entities appearing below via the OOR E-File Portal in accordance with Section IV(C)(2)(b) of the Right-to-Know Law, 65 P.S. §§ 67.101 Requestor. Nik Hatziefstathiou AtNight Media via E-FILE PORTAL Appeals Offic: Kathleen Higgins, Esq. Commonwealth of Pennsylvania Office of Open Records via E-FILE PORTAL Agency Records Officer. Lauren Remaley Agency Open Records Officer Chester County via E-FILE PORTAL -18- Hatziefstathiou, AtNight Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641Exhibit 1 Hatziefstathiou, AtNi Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641R000191-101823 - Public Records Request Message History (3) : Public Records Request :: ROQ0191-101823 RE: Public Records Request of October 18, 2023, Reference # R000191-101823 Dear Nik Hatziefstathiou, Chester County Open Records received a public records request from you on October 18, 2023. You submitted the following request: To Whom It May Concern: Pursuant to the Pennsylvania Right to Know Act, | hereby request the following records: | am writing to request records under the Pennsylvania Right-to-Know Law, 65 P.S. §§ 67.101 et seq. | am Nik Hatziefstathiou with AtNight Media, a news organization primarily engaged in the dissemination of information to the public. We reach over 15 million readers and viewers monthly, making this request of significant public interest. Specifically, | am requesting all emails sent to or received from an email address ending in “@longwoodgardens.org,” between August 29, 2023, and September 20, 2023. The scope of this request is limited to Chester County District Attorney Deb Ryan, her assistants, press secretary, ion chief, and any high-ranking officials under her in the office who were involved in the manhunt of Danilo Souza Cavalcante. Given the public's high interest in understanding the actions and communications of law enforcement surrounding the escape and capture of Danilo Souza Cavalcante, this request aims to provide necessary transparency. AtNight Media Is a representative of the news mediaa and is primarily engaged in the dissemination of information to the public. This request is of considerable public interest rest. If this request is unclear, please contact me to allow revisions rather than deny the request. Similarly, if the requested data are available only in part, please fulfill the portion of the request that is available rather than denying it in full. For example, notes or reports are available/subject to release but Personal identifying information are not, reply with the report summary and omit sensitive information. Ht my request is deemed too broad or does not sufficiently identify the records, please inform me as required by the Pennsylvania Right-to-Know Law. Should there be any fees associated with fulfilling this request, kindly notify me in advance. look forward to your response within the five business days mandated by the Pennsylvania Right- to-Know Law. ‘Thank you for your prompt attention to this critical matter. Sincerely, GovQi Page 1Nik Hatziefstathiou The requested documents will be made available to the general public, and this request is not being made for commercial purposes. In the event that there are fees, | would be grateful if you would inform me of the total charges in advance of fulfilling my request. | would prefer the request filled electronically, by e-mail attachment if available or CD-ROM If not. Thank you in advance for your anticipated cooperation in this matter. | look forward to receiving your response to this request within 5 business days, as the statute requires. Sincerely, Nik Hatziefstathiou The County does not possess records responsive to your request. To the extent that you construe this response as a denial, you may file an appeal in accordance with Section 1101 for the RTKL, 65 P.S. § 67.1101. If you wish to appeal, you must do so within 15 business days of this response by filing an appeal with the Pennsylvania Office of ‘Open Records, 333 Market St., 16th Floor, Harrisburg, PA 17101-2234. The County reserves the right to amend this response as permitted by Levy v. Senate of Pennsylvania, 65 A.3d 361, 363-64 (Pa. 2013). Please be advised that this correspondence will serve to close this record with our office as permitted by law. For questions or additional information, please reply to this email. Sincerely, Lauren Remaley Open Records Officer ay Recor es Ce here 24:31 AM, Cl ‘Your request has been received and is being processed, Your request was submitted to this office on 10/18/2023 and given the reference number R000191-101823 for tracking purposes. Please be advised that if your request was submitted after 4:30 PM, during the weekend, or on a County holiday, it will be received and processed the following business day. Gover Page 2Records Requested: To Whom It May Concern: Pursuant to the Pennsylvania Right to Know Act, I hereby request the following records: Tam writing to request records under the Pennsylvania Right-to-Know Law, 65 PS. §§ 67.101 et seq. Tam} Hatziefstathiou with AtNight Media, a news organization primarily engaged in the dissemination of information to the public. We reach over 15 million readers and viewers monthly, making this request of significant public interest. Specifically, I am requesting all emails sent to or received from an email address ending in “@longwoodgardens.org,” between August 29, 2023, and September 20, 2023. The scope of this request is limited to Chester County District Attomey Deb Ryan, her assistants, press secretary, criminal investigation chief, and any high-ranking officials under her in the office who were involved in the manhunt of Danilo Souza Cavalcante. Given the public’s high interest in understanding the actions and communications of law enforcement surrounding the eseape and capture of Danilo Souza Cavalcante, this request aims to provide necessary transparency. AtNight Media is a representative of the news media and is primarily engaged in the dissemination of information to the public. This request is of considerable public interest rest. Iv this request is unclear, please contact me to allow revisions rather than deny the request. Similarly, if the requested data are available only in part, please fulfill the portion of the request that is available rather than denying it in full. For example, notes or reports are available/subject to release but personal identifying information are not, reply with the report summary and omit sensitive information. If my request is deemed too broad or does not sufficiently identify the records, please inform me as required by the Pennsylvania Right-to-Know Law. Should there be any fees associated with fulfilling this request, kindly notify me in advance. ook forward to your response within the five business days mandated by the Pennsylvania Right-to-Know Law. ‘Thank you for your prompt attention to this critical matter. Sincerely, Nik Hatziefstathion The requested documents will be made available to the general public, and this request is not being made for commercial purposes. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD- ROM if not, Govan Page 3‘Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires. Sincerely, Nik Hatziefstathiou Your request will be forwarded to the relevant departments) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question, ‘You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Chester County Open Records To monitor the progress or update this request please log into the Right to Know Request Pomered by Gov@\ & On 10/18/2023 11:24:29 AM, Nik Hatziefstathiou wrote Request Created on Public Portal GovQi Page 4Exhibit 2 Hatziefstathiou, AtNi Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641Inmate Escape from Chester County Prison Moore, Dana Date: On Thu, Aug 31, 2023 at 1:09 PM @ 3attachments(1 MB) > Good afternoon, Attached is the Official News Release from the Chester County District Attorney's Office regarding the escaped prisoner, Danelo Cavalcante. Thank you. Dana Moore Dana Moore Communications Director Chester County District Attomey’s Office (610-344-4415 This County of Chester e-mail message, including any attachments, is intended for the sole use of the individual(s) and entity(ies) to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone this e-mail messageincluding any attachments, or any information contained in this e-mail message including any attachments. If you have received this e-mail message in error, please immediately notify the sender by reply e-mail and delete the message. Thank you very much.Chester County District Attorney’s Office 201 W. Market St, Suite 4450 DEBORAH RYAN Post Office Box 2746 DISTRICT ATTORNEY West Chester, PA 19380-0991 Phone: 610-344-6801 Fax: 610-244 MEDIA ALERT August 31, 2023 Press Conference Announcement Chester County District Attorney Deb Ryan will hold a press conference. When: August 31, 2023 at 2:00 p.m. Where: Pocopson Township Building 664 South Wawaset Road West Chester, PA 19382 Livestreamed on Facebook Live /www.facebook.com/ChesCoDAInmate Escape from Chester County Prison POCOPSON TOWNSHIP, PA — August 31, 2023 — Officials of Chester County Prison report that at approximately 8:50 a.m., a prison inmate, Danelo Cavalcante, escaped from Chester County Prison. A search of the prison and surrounding area is currently being conducted. ‘The subject is described as a Brazilian male who speaks Portuguese and Spanish, light skinned, 34- year-old, 5-foot, 120 Ibs., with shaggy black curly hair and brown eyes. Subject was wearing a white t-shirt, gray shorts, and white sneakers. Notification of the escape has been communicated to all residents within a six-mile radius of the prison, Chester County Detectives and the Pennsylvania State Police are conducting a thorough county-wide search, and prison officials are conducting an internal investigation, ‘Anyone with any information on the whereabouts of Danelo Cavalcante is asked to call 9-1-1 immediately. Chester County District Attorney Deb Ryan said, “Danelo Cavalcante is considered an extremely dangerous man. We are asking for the public’s help in locating him. He was last seen walking on Wawaset Road in Pocopson Township around 9:40 a.m. wearing a white t-shirt, gray shorts, and white sneakers. The defendant is also wanted for a 2017 murder in Brazil. Law enforcement is doing everything now to locate him, If you see this individual do not approach him, Call 911 immediately.” Further information will be provided in a press conference held by Chester County District Attorney Deb Ryan at 2:00 p.m, at Pocopson Township Building Danelo Cavalcante was convicted of first-degree murder on August 16, 2023, for fatally stabbing his 33-year-old former girlfriend in April 2021. Cavalcante was sentenced to life in prison without parole last week.Exhibit 3 Hatziefstathiou, AtNi Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641Re: Inmate Escape from Chester County Prison Hatziefstathiou, T. Nik dtmoore@chesco.org Date: On Thu, Aug 31, 2023 at 3:13 PM @ 1 attachment(Zero KB) > Oh boy. We're breaking now. Will there be a media staging area tonight in the event we want to cover on the ground? Stay safe and well. On Thu, Aug 31, 2023 at 1:09 PM, Moore, Dana wrote: Good afternoon, Attached is the Official News Release from the Chester County District Attorney's Office regarding the escaped prisoner, Danelo Cavalcante. Thank you. Dana Moore Dana Moore ‘Communications Director Chester County District Attorney's Office 610-344-4415 dimoore(@chesco.oreThis County of Chester e-mail message, including any attachments, is intended for the sole use of the individual(s) and entity(ies) to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone this e-mail message including any attachments, or any information contained in this e-mail message including any attachments. If you have received this e-mail message in error, please immediately notify the sender by reply e-mail and delete the message. Thank you very much.Exhibit 4 Hatziefstathiou, AtNi Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641Danelo Cavalcante Wanted Poster Moore, Dana Date: On Thu, Aug 31, 2023 at 5:54 PM @ 2attachments(1.7 MB) > Good afternoon, Attached is the Official Wanted poster for Danelo Cavalcante. Thank you. Dana Moore Dana Moore Communications Director Chester County District Attorney's Office 610-344-4415 dtmoore@chesco.org This County of Chester e-mail message, including any attachments, is intended for the sole use of the individual(s) and entity(ies) to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone this e-mail message including any attachments, or any information contained in this e-mail message including any attachments. If you have received this e-mail message in error, please immediately notify the sender by reply e-mail and delete the message. Thank you very much.Danelo Cavalcante Wanted Poster Clarification Moore, Dana dtmoore@chesco.org Date: On Thu, Aug 31, 2023 at 6:23 PM @ ‘1 attachment(109 KB) > Good evening, Please note the clarification from the Official Wanted poster for Danelo Cavalcante: The Chester County Commissioners and U.S. Marshals are offering a $10,000 reward ($5,000 each) for information leading to the capture of escaped inmate Danelo Cavalcante. If you have information on the whereabouts of Cavalcante call 911 immediately. Thank you. Dana Moore Dana Moore Communications Director Chester County District Attorney's Office 610-344-4415 dtmoore@chesco.org [cid:Oeafddae-b71a-4b20-9f27-5a97¢8a57751) This County of Chester e-mail message, including any attachments, is intended for the soleuse of the individual(s) and entity(ies) to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone this e-mail message including any attachments, or any information contained in this e-mail message including any attachments. If you have received this e-mail message in error, please immediately notify the sender by reply e-mail and delete the message. Thank you very much.Exhibit 5 Hatziefstathiou, AtNi Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641Update on the Manhunt for Danelo Cavalcante Moore, Dana ore@chesco.org = @ Date: On Fri, Sep 1, 2023 at 10:51 AM @ ‘1 attachment(109 KB) > Good morning, Please see below for the update on the search for Danelo Cavalcante from the Chester County District Attorney's Office: The search for prison escapee Danelo Cavalcante continues with detectives and hundreds of police officers using every means available, including search helicopters and dogs. We are following up on every lead. There is a $10,000 reward, posted by the Chester County Commissioners and the U.S. Marshals, for any information that leads to the capture of Cavalcante. If anyone knows or sees anything at all that they suspect may involve this man, please call 9-1-1 or the U.S. Marshal tipline at 1-877-WANTED2 (1-877-926-8332) immediately. We will report any new information as we have it. Thank you. Dana Moore Dana Moore Communications Director Chester County District Attorney's Office 610-344-4415 dimoore@chesco.orgThis County of Chester e-mail message, including any attachments, is intended for the sole use of the individual(s) and entity(ies) to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone this e-mail message including any attachments, or any information contained in this e-mail message including any attachments. If you have received this e-mail message in error, please immediately notify the sender by reply e-mail and delete the message. Thank you very much.Exhibit 6 Hatziefstathiou, AtNi Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641Request for Comment on Danelo Cavalcante's Prison Escape for Upcoming Article Xie, Yu Hong ong@atnightmedia.com @ dtmoore@chesco.org i f Date: On Fri, Sep 1, 2023 at 11:27 AM Dear District Attorney Deb Ryan, | hope this message finds you well. | am writing to request a comment for an upcoming article regarding the recent escape of Chester County Prison inmate Danelo Cavalcante. Our law enforcement sources have informed us that Mr. Cavalcante managed to escape from the facility by climbing onto the roof and jumping off. It is also our understanding that he had approximately a two-hour head start before authorities realized he was missing. We are planning to publish these details and would greatly appreciate your comment or any additional insights you might have. Due to the ongoing public safety concerns, we consider this an urgent matter and kindly ask for your response by ‘pm today. Thank you for your time and attention to this serious matter. Hong Xie Ezitorin-Chiof & Chief Executive Otficer| AtNight Media 1650 Market Street, Level 36, Philadelphia, PA 19103 (0): 883-836-8018 | (c): 218-760-7430 | (e): hong@atnightmedia.com » hitesvlatniohtmedia.com » htiasufwamvc.news » htpsi/crimesnace. news, NOTICE OF CONFIDENTIALITY: This mal is confidential ond may also be privilege If you are not the intended recipient please delete It and notify us immediately by telephoning or e-mailing the sender. You should nat copy i o use it for any purpose nor disclose its contents to ‘any other person. AtNight Mecia (formerly Original Media Group Corporation) utlizes Swiss-based Proton Technologies.FW: [EXTERNAL] - Request for Comment on Danelo Cavalcante's Prison Escape for Upcoming Article Ryan, Deborah S. ryan@chesco.org @M. hong@atnightmedia.com hong@atnightmedia.com Date: On Fri, Sep 1, 2023 at 11:56 AM @ 3attachments(1 KB) > We are hosting a press conference at 2pm at the Pocopson Township Building. 664 South Wawaset Road West Chester, PA 19382. From: Moore, Dana Sent: Friday, September 1, 2023 11:29 AM To: Ryan, Deborah S. Subject: Fw: [EXTERNAL] - Request for Comment on Danelo Cavalcante’s Prison Escape for Upcoming Article Dana Moore Dana Moore Communications Director Chester County District Attorney's Office 610-344-4415 dtmoore@chesco.orgFrom: Xie, Yu Hong Sent: Friday, September 1, 2023 11:27 AM To: Moore, Dana Cc: commentrequest@atnightmedia.com Subject: [EXTERNAL] - Request for Comment on Danelo Cavalcante's Prison Escape for Upcoming Article Dear District Attorney Deb Ryan, hope this message finds you well. | am writing to request a comment for an upcoming article regarding the recent escape of Chester County Prison inmate Danelo Cavalcante. Our law enforcement sources have informed us that Mr. Cavalcante managed to escape from the facility by climbing onto the roof and jumping off. It is also our understanding that he had approximately a two- hour head start before authorities realized he was missing. We are planning to publish these details and would greatly appreciate your comment or any additional insights you might have. Due to the ongoing public safety concerns, we consider this an urgent matter and kindly ask for your response by 1pm today. ‘Thank you for your time and attention to this serious matter. Hong Xie Editor-in-Chief & Chief Executive Officer | AtNight Media 1650 Market Street, Level 36, Philadelphia, PA 19103 (0): 833-336-8013 | (c): 215-760-7430 | (e): hono@atnishtmedia.com » hitosatnightmedia.com » hitps:/ivwwye.news » htpsv/cimespace news.NOTICE OF CONFIDENTIALITY: This emails contiential and may also be privileged. you ae not the intended recipient please delet it and notily Us immediatoly by telophoning or e-maling the sender. You should not copy itor useit for any purpose nor diecose its contents to any othr person. [AiNight Media (former Criginal Media Group Corporation) utiizes Swiss-based Proton Technologie. This County of Chester e-mail message, including any attachments, is intended for the sole use of the individual(s) and entity(ies) to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone this e-mail message including any attachments, or any information contained in this e-mail message including any attachments. If you have received this e-mail message in error, please immediately notify the sender by reply e-mail and delete the message. Thank you very much.Exhibit 7 Hatziefstathiou, AtNi Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641Danelo Cavalcante Press Conference Moore, Dana Date: On Fri, Sep 1, 2023 at 12:00 PM @ 2attachments(272 KB) > Good afternoon, Please see the attached. Today, September 1, 2023, the Chester County District Attorney's Office will be having a Press Conference at 2 p.m. at the Pocopson Township Building. Thank you. Dana Moore Dana Moore Communications Director Chester County District Attorney's Office 610-344-4415 This County of Chester e-mail message, including any attachments, is intended for the sole use of the individual(s) and entity(ies) to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone this e-mail message including any attachments, or any information contained in this e-mail message including any attachments. If you have received this e-mail message in error, please immediately notify thesender by reply e-mail and delete the message. Thank you very much.Chester County District Attorney’s Office 201 W. Market St, Suite 4450 DEBORAH RYAN Post Office Box 2746 DISTRICT ATTORNEY West Chester, PA 19380-0991 Phone: 610-344-6801 Fax: 610-244 MEDIA ALERT September 1, 2023 Press Conference Announcement Chester County District Attorney Deb Ryan will hold a press conference. When: September 1, 2023 at 2:00 p.m. Where: Pocopson Township Building 664 South Wawaset Road West Chester, PA 19382 Livestreamed on Facebook Live /www.facebook.com/ChesCoDAExhibit 8 Hatziefstathiou, AtNi Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641Fugitive Sighting in Pocopson Township Near Chester County Prison Moore, Dana dtmoore@chesco.org Date: On Sat, Sep 2, 2023 at 8:47 AM @ 3attachments(635 KB) > Good morning, Attached is an official update from the Chester County District Attorney's Office on the search for the escaped prisoner, Danelo Cavalcante. Thank you. Dana Moore Dana Moore Communications Director Chester County District Attorney's Office 610-344-4415 This County of Chester e-mail message, including any attachments, is intended for the sole use of the individual(s) and entity(ies) to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone this e-mail messageincluding any attachments, or any information contained in this e-mail message including any attachments. If you have received this e-mail message in error, please immediately notify the sender by reply e-mail and delete the message. Thank you very much.Exhibit 9 Hatziefstathiou, AtNi Media et al vs. Chester County Office of the District Attorney | OOR Dkt, 2023-2641Fugitive Update - Active Manhunt Still Underway Moore, Dana ore@chesco.org = @ Date: On Sat, Sep 2, 2023 at 11:49 AM @ 3attachments(1.4 MB) > Good afternoon, Please see attached for the official update from the Chester County District Attorney's Office in regards to the ongoing manhunt for Danelo Cavalcante. Thank you. Dana Moore Dana Moore Communications Director Chester County District Attorney's Office 610-344-4415 dtmoore@chesco.org This County of Chester e-mail message, including any attachments, is intended for the sole use of the individual(s) and entity(ies) to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone this e-mail messageincluding any attachments, or any information contained in this e-mail message including any attachments. If you have received this e-mail message in error, please immediately notify the sender by reply e-mail and delete the message. Thank you very much.