Email from Prosecuting Attorney Anthony Ciliberti to Attorney Simmons and Mr. Bragg: Mr. Simmons: It appears that you have been misinformed by your client, Bob L. Bragg, or the representative/agent of your client, LaBelle's West Virginia Publications, LLC. A response to the relevant FOIA request was sent to Mr. Bragg on May 20, 2024. Consistent with Mr. Bragg's request as set forth in his FOIA request, the response was sent from me via email to [email protected]. I have attached for your review Mr. Bragg's FOIA request that was provided to me on May 20, 2024, by Chief Deputy for the Fayette County Sheriff's Department, Shannon Morris. It is worth noting that your client addressed his first and second FOIA request regarding the "Mad Butcher" case to Steve Kessler, someone who hasn't been Sheriff of Fayette County for almost eight years and someone who is also deceased. In discussing the matter with Chief Deputy Morris, he has no recollection of receiving the original FOIA request dated August 15, 2023. Furthermore, it is entirely possible the original August 15, 2023 FOIA request was not given its due attention given the error on the part of your client in failing to name the proper records custodian. I would suggest in the future that your clients take the time to determine the current records custodian for a government agency prior to submitting a FOIA request. Such information could have easily been obtained by calling the Fayette County Sheriff's Department. I would also suggest that in the future that your client follow up with the relevant agency regarding a FOIA request for which no response was received sooner than nine months. In working with the Fayette County Sheriff's Department and Sheriff' Fridley since I have taken office, I say without hesitation that Sheriff Fridley and his employees take FOIA requests seriously and they understand the requirement of providing a response within the relevant time frame. Had Mr. Bragg simply picked up the phone and called to check on the status of the FOIA request shortly after August 15, 2023, the matter would have certainly been dealt with at that time instead of nine months later. Finally, I have attached for your review a copy of the email sent to Mr. Bragg in response to his FOIA request which was sent to your client well within the five-day response period and notwithstanding the fact that your client failed to address his request to the proper records custodian. As indicated in the response, the records requested by Mr. Bragg could not be located by Chief Deputy Morris. Any deputy or detective that may have worked on the case has long since left employment with the Fayette County Sheriff's Department and as such were not available to assist in locating such records. Given that fifty plus years have passed since the murders, and as you point out, the suspect is most likely deceased, it should come as no surprise that the relevant records cannot be located at this time. As indicated in my email, should the relevant records be located by the employees of the Fayette County Sheriff's Department, I will be happy to advise you or your client accordingly. Anthony Ciliberti, Jr. Prosecuting Attorney 108 East Maple Avenue Fayetteville, WV 25840 304-574-4230