This article is one of several delayed by my 2023 relocation to Ireland. I clearing my archives by publishing older pieces like this one to catch up on work set aside during that transition.
NEW ROCHELLE, NY (May 24, 2025) — A months-long effort in 2020 by Talk of the Sound to obtain medical examiner records for Kamal Flowers, a 24-year-old killed in an officer-involved shooting, revealed significant confusion among the Westchester County Medical Examiner’s Office, the Department of Health, and the District Attorney’s Office, with records withheld despite no charges being filed against the officer involved.
Robert Cox, publisher and managing editor of Talk of the Sound, began seeking records related to Flowers’ death on June 5, 2020, through New York’s Freedom of Information Law (FOIL). Flowers was shot by New Rochelle Police Officer Alec McKenna, who was later exonerated by a grand jury that returned a no true bill, indicating no criminal charges were warranted.
On June 24, 2020, Cox emailed the Westchester County Medical Examiner’s Office (WCME) to inquire about FOIL-eligible records for deceased persons and the process for requesting them. Dawn Garris, an assistant in the medical examiner’s office, responded the next day, directing Cox to submit requests to FOIL-LABS@westchestergov.com and noting that available information without a HIPAA release was “very limited.”
By December 20, 2020, Cox renewed his inquiry, specifically requesting records related to Flowers’ death. On December 21, Garris instructed him to send FOIL requests to FOIL-DOH@westchestergov.com, warning that releases in such cases were “extremely limited and subject to approval by the District Attorney’s office.”
Cox submitted a formal FOIL request on December 21, 2020, to both WCME and the Westchester County Department of Health (WCDOH), asking for all available medical examiner records for Flowers.
The following day, Garris informed Cox that his request had been forwarded to the District Attorney’s Office, prompting confusion. Cox responded on December 22, 2020, at 8:54 a.m., questioning why the DA was involved before records were pulled. “I am going to want to know a legal argument for the role of the DA here as I see none,” Cox wrote, arguing that WCDOH should produce records without DA interference unless specific FOIL exemptions applied.
Later that day, Cox emailed John Carmody, bureau chief of special litigation at the Westchester County District Attorney’s Office, clarifying that he had not submitted a FOIL request to the DA or WCME, only to WCDOH. He challenged the redirection of his request, citing Westchester County Law 273.181, which Carmody referenced in a 3:19 p.m. email. The law states that medical examiner records indicating “criminality” are not open to public inspection except at the DA’s discretion. Cox argued that since no charges were filed against McKenna, the law should not apply. “Unless you are claiming the ME determined there was ‘an indication of criminality’ in the death of Kamal Flowers, County Law 273.181 would not apply,” Cox wrote.
Carmody responded at 5:02 p.m., clarifying that the DA’s office does not handle FOIL requests for other agencies and had not received a referral from WCDOH or WCME. He reiterated that medical examiner records are generally not open to public inspection, citing both County Law 273.181 and N.Y. County Law 677(3)(b), which governs autopsy record confidentiality.
On December 23, 2020, Caren Halbfinger, WCDOH’s records access officer, informed Cox that the department had no records responsive to his request, directing him to contact WCME directly. She provided appeal instructions, noting that appeals should be sent to John Nonna, county attorney, at FOIL-Appeals@westchestergov.com.
Cox’s efforts highlighted a lack of clarity in the FOIL process. In his December 22 email to Carmody, he questioned whether the medical examiner had found an “indication of criminality” in Flowers’ death and whether the investigation was closed, emphasizing that the DA’s involvement appeared to obstruct his lawful request. “The DOH received my FOIL request for records no one disputes DOH has,” Cox wrote. “The DOH alone should respond to that request.”
The dispute underscores ongoing challenges in accessing public records in cases involving police actions, even when no criminal charges are filed. Cox’s request for Flowers’ records remains unresolved, with the DA’s discretionary authority over medical examiner records cited as a barrier, despite the grand jury’s decision not to indict McKenna.
RELATED:
The Backstory on Cox-Paulin FOIL Reform Effort
Should Prisoners Pay District Attorney FOIL Fees for Their Own Case Records?
Medical Examiner Records Dispute Clouds Kamal Flowers Case
Westchester DA Must Pay Back Dupe FOIL Fees
This article was drafted with the aid of Grok, an AI tool by xAI, under the direction and editing of Robert Cox to ensure accuracy and adherence to journalistic standards.
