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An NYPD crime scene unit vehicle. REUTERS Mike Segar

Convicted murderer denied access to NYPD documents

2/12/2013 COMMENTS (0)

By Joseph Ax

NEW YORK, Feb 12 (Reuters) - A convicted murderer cannot obtain the names of witnesses who spoke to investigators about the crime, the Court of Appeals ruled Tuesday.

In a one-paragraph memorandum, the court unanimously affirmed a 2011 decision from the First Department, Appellate Division, denying Perry Bellamy access to the documents.

Bellamy, 51, is serving 15 years to life for murdering a parole officer in Queens in 1985, a gang-related execution that was ordered from prison, according to court papers.

As part of an effort to get a new trial, he filed a request under the state's Freedom of Information Law to obtain New York City Police Department files related to his arrest. After receiving redacted documents, he filed a petition in Manhattan Supreme Court seeking the names and statements of witnesses interviewed by police during the investigation.

In 2009, Manhattan Supreme Court Justice Alice Schlesinger ordered the city to turn over the information.

The First Department reversed in September 2011, finding that the city had successfully shown that the release of the documents could place the witnesses in danger.

The state's public records laws include an exemption for disclosures that could endanger someone.

Bellamy, who is incarcerated at the Elmira Correctional Facility and acted as his own attorney, could not be reached for comment Tuesday.

In a statement, city attorney Sharyn Rootenberg said, "We believe the Court of Appeals correctly affirmed here, protecting the privacy and safety of people who cooperate with the police."

The case is In the Matter of Perry Bellamy v. New York City Police Department, New York Court of Appeals, No. 83.

For Bellamy: Pro se.

For the NYPD: Sharyn Rootenberg of the New York City Law Department.

(This article has been revised to clarify the type of witness information Bellamy was seeking.)

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