FOIA Denial In Samantha Harer Case Challenged By Patch

JOLIET, IL - A Freedom of Information Act request made by Patch surrounding the Feb. 13 suspicious death of 911 dispatcher Samantha Harer is now under review by Illinois Attorney General Lisa Madigan's Public Access Bureau. Harer died seven months ago of a gunshot wound to her head. At the time of her death, her boyfriend, Crest Hill Police Officer Felipe "Phil" Flores, was inside her tiny apartment in Channahon. Flores called the authorities that Tuesday morning to report the shooting.

Last month, Channahon Police issued a blanket denial to Patch's Freedom of Information Act request, eight separate items. Since then, Patch decided to appeal the decision of Channahon's Deputy Police Chief Adam Bogart to the Public Access Bureau.

According to Harer's parents, Flores told his fellow members of law enforcement, from the Channahon Police Department and the Will-Grundy County Major Crimes Task Force, that their daughter had shot herself in her apartment. The next day, Channahon's police chief and one of his detectives stopped by the home of Harer's parents. The parents say they were told that Channanon was treating Harer's death as a self-inflicted gunshot wound. However, the Will County Coroner's Office of Patrick K. O'Neil subsequently notified the parents that medical examiners found her death suspicious after the autopsy.

Now, seven months later, O'Neil office has yet to issue a ruling on the cause and manner of death for the 23-year-old dispatcher at WESCOM. Harer was a 2016 graduate of the University of St. Francis in Joliet and she had been an intern at the Channahon Police Department. As for Flores, he has remained on paid leave from the Crest Hill Police Department since the date of the shooting.

On July 30, Patch submitted a Freedom of Information Act request to Channahon Police related to the investigation. The eight-part public records request sought access to the 911 call made by Officer Flores. Patch also has asked for access to the police sign-in, sign-out logs from the scene of the death investigation, which was Harer's apartment at the Bridge Street Apartments.

Patch also asked for information related to the gun that was used in the shooting and taken into evidence.

Channahon Police have refused to say whether the gun belonged to Flores or Harer. Her parents have said their daughter owned a small handgun, and that she did have a concealed carry permit.

On Aug. 3, Bogart issued a blanket denial to Patch's FOIA request regarding all eight records being sought.

Last week, Assistant Illinois Attorney General Christopher Boggs of the Public Access Bureau notified Bogart that Patch had filed a formal appeal with his office.

For Patch, Bogart's eight-part FOIA denial had marked the first time in the case that Patch needed to file an appeal on a public records request.

Earlier this year, Crest Hill's Police Department and the Illinois State Police both complied with separate Freedom of Information Act requests related to Officer Flores.

From Crest Hill, Patch had requested access to Flores' employment files including disciplinary records. Separately, Patch requested access to the Illinois State Police's 2016 criminal investigation of Flores. He was accused of raping a sleeping woman at her apartment in Crest Hill in February 2016. The woman had been a friend of his, but the two had never been romantically involved, documents indicate.

In late 2016, the Will County State's Attorney's Office informed the Illinois State Police District 5 it was not filing criminal sexual assault charges against Flores, based upon its review of the evidence. Crest Hill Police subsequently gave Flores a one-month unpaid suspension as a result of the incident.

In any event, the Sept. 6 Public Access Bureau letter asks Channahon Police to "Please provide unredacted copies of the requested records for this office's confidential review. Please also provide to this office a detailed written explanation of the factual and legal bases for the applicability of the asserted exemption, including the extent to which disclosure of requested records would obstruct any ongoing criminal investigation by the Police Department and any inability to redact discrete portions of the records in question.

"As we review this matter, we will advise you if we require additional information. If you believe that other documents or information would help us as we review these issues, you may submit additional records with the requested information," Channahon Police were notified.

RELATED PATCH COVERAGE: Samantha Harer FOIA Denied By Channahon Police

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File image of Phil Flores and Samantha Harer provided to Patch with permission to use