Scroll down for updates…King County Superior Court has closed out our records request as of today…

There’s a lot that’s been going on behind the scenes over the past two months since my cousin Marizela Perez disappeared from the University District in Seattle on March 5, 2011. As I mentioned last week, we gathered in Seattle on Mother’s Day for a community fundraiser and benefit concert/auction. There will be another South Jersey fundraiser/bake sale/raffle on May 22. Details here.

The Seattle Times has just posted a front-page piece by reporter Christine Clarridge on Marizela’s case and the plight of other families with missing young adults. Read it here. The story provides an in-depth, compassionate, and candid look at what parents go through in cases where the police have not found evidence of foul play. Suicide has been a primary assumption on the part of the police. But the case of young Joyce Chiang — whose death 12 years ago was just reclassified last week as a homicide by Washington police who mistakenly insisted the case was a suicide — shows the dangers of locking into assumptions without thoroughly investigating all leads.

And as this Seattle Post-Intelligence article from 2003 on neglected missing persons cases underscores, police “routinely botch or ignore missing-person cases,” ignore the law, fail to use tracking systems, and close cases with little investigation.

Here’s another Seattle Times piece from 2006 on the lost and missing.

In Marizela’s case, of course, the maddening frustration is that the police have yet to obtain Internet and phone records that would help definitively rule in/rule out foul play and provide potential breakthroughs in figuring out where she might have been heading the day she vanished. I’ve been helping Marizela’s parents push for those records, and in the interest of raising awareness and informing other families who have to face the same uphill battles, am reprinting here my e-mail and phone exchanges with the Seattle Police Department, Google, and the King County Superior Court from March through the present. Subpoenaing Google in particular is key. The police found that she logged onto to her Gmail account in the morning on the day she disappeared, but they have yet to obtain Google search history logs and web history information.

Time is really of the essence here because much of the data we are seeking — e.g., the Google search history and cellphone/AIM text messages — are perishable. We are continuing to push the Seattle Police Department to issue warrants to preserve and obtain any and all perishable data from Marizela’s AT&T, Facebook, AOL, and Google accounts before it’s too late. The family already suffered one devastating blow after finding out last week that surveillance video at a Jack-In-The-Box near the intersection where she disappeared is no longer available.

The clock is ticking.

***
MARCH 31

From: Michelle Malkin [mailto:writemalkin@gmail.com]
Sent: Thursday, March 31, 2011 7:21 AM
To: Ogard, David
Subject: question from michelle malkin

Hi Detective Ogard – I have a quick question.

Have you taken any steps to identify Marizela’s IP address and obtain her google search history?

Thanks,
Michelle

—

MARCH 31

On Thu, Mar 31, 2011 at 9:42 AM, Ogard, David wrote:

I have checked into her login info for her gmail account. I did not attempt to check the sites she visited because I am was told by our computer people that without the computer, I cannot see what sites were visited.

—

APRIL 1

From: Michelle Malkin
Date: Fri, Apr 1, 2011 at 11:06 AM
Subject: Re: question from michelle malkin
To: “Ogard, David”

Dave – Your computer people are wrong. If she was logged on to her gmail and had not paused her web history, then Google has her web history records. Can you PLEASE get those from Google and share them with our family? See below.

Thank you,
Michelle

http://www.google.com/support/accounts/bin/answer.py?hl=en&answer=54068

About Web History: Basics
Web History offers you more relevant search results and recommendations based on your web activity, providing you with a more personalized experience on Google.
When you create a Google Account at http://www.google.com/accounts/NewAccount, you’re given the option to enable Web History with your account.
With Web History, you can:
• View and search across webpages you’ve visited in the past, including Google searches. Now you don’t have to hunt for things you’ve seen and liked in the past!
• Find trends on your web activity, such as your most visited sites and top searches.
• Get more personalized search results based on what you’ve searched for and which sites you’ve visited.
• See personalized predictions in autocomplete based on what you’ve searched for and which sites you’ve visited.
• Filter search results by pages you’ve visited before using the Search options panel.
Your Web History is stored on Google servers, so you can view and manage it from any computer by signing into your Google Account. We store information related to the pages you visit, such as the URL, but don’t store a snapshot of the page itself in your account.
To access your Web History, visit http://www.google.com/history
Learn how to pause your web history or remove items from your Web History.
Note: Depending upon whether or not you’re signed in to a Google Account when you search, the information we use for customizing your experience will be different:
Signed-in personalization: When you’re signed in, Google personalizes your search experience based on your Web History. If you don’t want to receive personalized results while you’re signed in, you can turn off Web History and remove it from your Google Account. You can also view and remove individual items from your Web History.
Signed-out personalization: When you’re not signed in, Google customizes your search experience based on past search information linked to your browser, using a cookie. Google stores up to 180 days of signed-out search activity linked to your browser’s cookie, including queries and results you click. Learn more.

—

APRIL 5

from Ogard, David
to Michelle Malkin ,
“reports86@gmail.com”
date Tue, Apr 5, 2011 at 1:56 PM
subject RE: Regarding private search
mailed-by seattle.gov

hide details Apr 5 (12 days ago)

Michelle and Edgar,

I have been off for the last four days and responding to emails.

I will look into your emails about the Google searches.

As for doing a search of Discovery Park or any other park;

I am not against any search the family organizes to search for Marizela. At this point the Seattle Police Department is not asking for any specific location be searched without some further indication she was there or information she was going there.

As you know, our last known contact with Marizela was on video of her leaving the Safeway at approx 2:19 pm on 3-5-11 heading north. Then, the contact with her cell phone when someone tried to call her at 2:45 pm on 3-5-11. The tower her phone was in contact with is located at approx I-5 and NE 47th and the contact was about 11 o’clock on the tower. The cell phone company is unable to give me a distance from the tower at the time of the contact.

I hope this is what you are looking for in writing.

Det David Ogard
Seattle Police Department
Missing Person / Juvenile Runaway Unit
PO Box 34986
Seattle, Wa 98124
206 684-5007
206 684-4635 fax

—

APRIL 8

from Michelle Malkin
to “Ogard, David”
date Fri, Apr 8, 2011 at 3:43 PM
subject Re: question
mailed-by gmail.com

Since I have you on the horn…

-Any news on the Google search records?

-Are you allowed to give Edgar password reset info/access so he can search Marizela’s emails for any clues?
Thanks again,
MM

—

APRIL 8

from Ogard, David
To Michelle Malkin
date Fri, Apr 8, 2011 at 4:12 PM
subject RE: question
mailed-by seattle.gov

Just got a msg from Google. They said it would be like a needle in the haystack. I’m about to call them back now.

—

APRIL 10

from Michelle Malkin
to “Ogard, David”
date Sun, Apr 10, 2011 at 7:19 AM
subject Re: question
mailed-by gmail.com

This makes no sense.

As I wrote on 4/1, if she was logged on to gmail and did searches while logged on and if she had not disabled her google web history feature (most people don’t), then her google web history will be accessible when you log into her account — and should be very accessible to google without a “needle in the haystck” search.

http://www.google.com/support/accounts/bin/answer.py?hl=en&answer=54068

—

APRIL 11

from Ogard, David
to Michelle Malkin
date Mon, Apr 11, 2011 at 7:25 AM
subject RE: question
mailed-by seattle.gov

After I sent this email I called them back and left a msg. I have not spoken to anyone on the phone yet. It has all been msg’s. When I left the original msg their voicemail says that after leaving a msg they would get back to me in 72 hours. And, it took about 72 hours. I have a direct line to someone now and left a msg for her to call me. When she and I talk, I’m sure we will figure this out.

—

APRIL 18

from Michelle Malkin
to “Ogard, David”
date Mon, Apr 18, 2011 at 11:19 AM
subject Re: question
mailed-by gmail.com

It’s been a week. What is the status of this please?

thanks,
michelle

—

APRIL 18 MALKIN TO OGARD (Re-forwarding previous unanswered email)

From: Michelle Malkin [mailto:writemalkin@gmail.com]
Sent: Monday, April 18, 2011 10:19 AM
- Show quoted text -

To: Ogard, David
Subject: Re: question
- Show quoted text -

—

APRIL 18

from Ogard, David David.Ogard@seattle.gov
to Michelle Malkin
date Mon, Apr 18, 2011 at 11:33 AM
subject RE: question
mailed-by seattle.gov

I have called the person back and still have not heard anything from Google.

—

APRIL 18

from Michelle Malkin writemalkin@gmail.com
To “Ogard, David”
Date Mon, Apr 18, 2011 at 1:37 PM
Subject text messages
mailed-by gmail.com

Det. Ogard – Have you taken any steps to identify the persons who sent the last three text messages to Marizela listed on the AT&T records:

3/5 5:45pm Eastern (2:45pm Pacific) 32665177 text/im messaging received

3/5 5:12pm Eastern (2:12pm Pacific) 265082 text/im messaging received

3/5 4:35pm Eastern (1:35pm Pacific 32665176 text/im messaging received

These would have been received by Marizela during the very time frame in which she was walking from the Bartell’s to the Safeway and after she exited the Safeway.

Can you obtain the text messages from AT&T?

See: http://www.cbsnews.com/stories/2004/06/07/tech/main621388.shtml
In the United States, text messages had a role in a Medford, Ore., case in which a man convicted of killing his wife had sent e-mail and text messages to terrorize her. In Conyers, Ga., a 17-year-old boy was arrested for investigation of solicitation of sodomy after a 12-year-old girl’s parents complained of sexually explicit messages she had received.

In the Bryant case, defense attorneys said text messages were exchanged among the woman who has accused Bryant of rape and two other people – the former boyfriend and a person as yet unidentified – in the hours after the alleged June 30 attack.

Four months later, Bryant’s attorneys subpoenaed AT&T Wireless Communications Inc., seeking the messages. The company fought the subpoena, but retained the messages. The company fought the subpoena, but last month state District Judge Terry Ruckriegle ordered the company to turn the messages over to him.

He will review them in private to determine whether they are relevant to the case, in which Bryant has pleaded not guilty.

AT&T Wireless spokesman Mark Siegel said the company cooperates with law enforcement officials for investigations but refused to discuss its policies on storing text messages.

The company’s Web site said messages not immediately delivered are held for 72 hours for more delivery attempts – then deleted. How messages in the Bryant case would be available four months later isn’t known; most likely they were retrieved from an archival storage system.

“It’s just a common practice,” said Kagan, the telecoms analyst. “I don’t know an instance where they delete them.”

—

APRIL 19

from Ogard, David David.Ogard@seattle.gov
to Michelle Malkin
date Tue, Apr 19, 2011 at 9:52 AM
subject RE: text messages
mailed-by seattle.gov

I am not ignoring you, but I am trying to verify my information before I respond.

Thanks for your patience.

Det David Ogard
Seattle Police Department
Missing Person / Juvenile Runaway Unit
PO Box 34986
Seattle, Wa 98124
206 684-5007
206 684-4635 fax

—

APRIL 19

from Pugel, James James.Pugel@seattle.gov
to Michelle Malkin
date Tue, Apr 19, 2011 at 12:20 PM
subject RE: Call
mailed-by seattle.gov

Michelle – I met with Det. Ogard last night and we reviewed the known facts of the case. I put hi in touch with one of our detectives on loan to the Secret Service electronic crime squad and they are going to see if he can lend any investigative insight into the case. Hope you are well.

- Show quoted text -

—

APRIL 20

from Michelle Malkin writemalkin@gmail.com
to “Ogard, David” ,
“Pugel, James” ,
Edgar Perez
date Wed, Apr 20, 2011 at 9:59 AM
subject Re: text messages
mailed-by gmail.com

Ok. Getting access to this information is fundamental — and the clock is ticking. These data are perishable (that is, they won’t be archived forever), so time is of the essence.

From early on, the assumption has been that there was no foul play.

But the text messages and Google search history/email would shed critical light on whether this assumption is correct or incorrect.

PLEASE get back to us as soon as possible.

Thanks,
Michelle

—

APRIL 21

from Ogard, David David.Ogard@seattle.gov
to Michelle Malkin
date Thu, Apr 21, 2011 at 12:44 PM
subject RE: text messages
mailed-by seattle.gov

I am sorry this is taking so long to get this response. I was rechecking the information that I was given was correct, especially with the information that you provided below.

I have talked to ATT and some other people to gather my response:

ATT says that text messages are not saved more than 24 hrs at most. Usually, the text information that you probably refer to below came from the cell phone itself, or in cases where agencies have told the carrier that they want the texts ahead of time, ie an ongoing homicide case where they have obtained a warrant to compel the carrier to save the information.

The last 3 text that Marizela received do not have complete phone numbers to follow up on. ATT says that either their system did not capture the complete number when it came in. Or, the texts were possibly from / to a computer, or other handheld device. I was told that come carriers have agreements with hotmail, Gmail, etc… where the carriers don’t care or capture the info. That they are just moving data. Depending on the device it may be moved through a “cloud” and I will not be able to recover that info.

As for the Google searches. I called and left a msg for Google asking the question of tracking her searches and was told “it would be like looking for a needle in a hay stack”. Although I believe like you pointed out, that if she had logged into her Gmail account, which is essentially like logging into the Google tracking system, and then ran some searches, that it should be recoverable. After I received the msg from Google about the hay stack, I called them back at the number they left me to call back on. I have left numerous messages for them to call me back. I have called the original number and left a message there and await a response.

Update, 4-20-11 1105 hrs, Google called me back and after speaking with them they said they believe they will be able to find two things, searches associated with her Google account and maybe Google searches from her IP that were conducted whether she was logged into Google or not. They require a search warrant for the information. And, just to advise you when I wrote a warrant to get the phone records originally, I could not get the prosecutor to sign off on my warrant. I re-contacted ATT and they provided me the info without the warrant that they had said would be required.

As for changing her password, I was told their policy is they will not do that without a death certificate.

Det David Ogard
Seattle Police Department
Missing Person / Juvenile Runaway Unit
PO Box 34986
Seattle, Wa 98124
206 684-5007
206 684-4635 fax

—

APRIL 25

from Michelle Malkin writemalkin@gmail.com
to “Ogard, David” ,
“Pugel, James”
date Mon, Apr 25, 2011 at 9:18 AM
subject Re: text messages
mailed-by gmail.com

David,

Okay. Thank you for your responses.

Follow-up questions:

1) Have you ruled out foul play as a possibility in Marizela Perez’s disappearance?

2) Will you seek a warrant compelling ATT to preserve Marizela’s text messages and any archived messages since January 1, 2011 to the present?

3) Will you seek a warrant compelling Facebook to preserve Marizela’s FB email messages and chat sessions since January 1, 2011 to the present?

4) Will you seek a warrant compelling AOL to preserve Marizela’s instant message texts since January 1, 2011 to the present?

5) Will you seek a warrant compelling Google to preserve Marizela’s Google search history and Google browsing history since January 1, 2011 to the present?

6) Will you seek a warrant compelling Google to preserve Marizela’s Gmail messages since January 1, 2011 to the present?

If and when these warrants are obtained, will you then seek warrants to obtain Marizela’s ATT text messages, Facebook email messages/chat sessions, AOL instant message texts, Google search history, Google browsing history, and Gmail messages since January 1, 2011 to the present?

Because time is of the essence and as I’ve noted before, the data we are seeking is perishable, can you please respond to these specific questions at your earliest convenience.

Thank you.

Michelle

Michelle Malkin
writemalkin@gmail.com
- Show quoted text -

—

APRIL 26 MALKIN TO OGARD, PUGEL (Re-forwarding previous unanswered inquiry)

from Michelle Malkin writemalkin@gmail.com
to “Ogard, David”
date Tue, Apr 26, 2011 at 2:22 PM
subject Fwd:
mailed-by gmail.com

———- Forwarded message ———-
From: Michelle Malkin
Date: Mon, Apr 25, 2011 at 9:18 AM
Subject: Re: text messages
To: “Ogard, David” , “Pugel, James”

David,

Okay. Thank you for your responses.

Follow-up questions:

1) Have you ruled out foul play as a possibility in Marizela Perez’s
disappearance?

2) Will you seek a warrant compelling ATT to preserve Marizela’s text
messages and any archived messages since January 1, 2011 to the
present?

3) Will you seek a warrant compelling Facebook to preserve Marizela’s
FB email messages and chat sessions since January 1, 2011 to the
present?

4) Will you seek a warrant compelling AOL to preserve Marizela’s
instant message texts since January 1, 2011 to the present?

5) Will you seek a warrant compelling Google to preserve Marizela’s
Google search history and Google browsing history since January 1,
2011 to the present?

6) Will you seek a warrant compelling Google to preserve Marizela’s
Gmail messages since January 1, 2011 to the present?

If and when these warrants are obtained, will you then seek warrants
to obtain Marizela’s ATT text messages, Facebook email messages/chat
sessions, AOL instant message texts, Google search history, Google
browsing history, and Gmail messages since January 1, 2011 to the
present?

Because time is of the essence and as I’ve noted before, the data we
are seeking is perishable, can you please respond to these specific
questions at your earliest convenience.

Thank you.

Michelle

Michelle Malkin
writemalkin@gmail.com
+++++

—

APRIL 27 MALKIN TO OGARD, PUGEL (Re-re-forwarding previous unanswered inquiry, all text attached)

from Michelle Malkin writemalkin@gmail.com
To “Ogard, David” ,
“Pugel, James”
date Wed, Apr 27, 2011 at 1:18 PM
subject Fwd:
mailed-by gmail.com

———- Forwarded message ———-
From: Michelle Malkin
Date: Mon, Apr 25, 2011 at 9:18 AM
Subject: Re: text messages
To: “Ogard, David” , “Pugel, James”

David,

Okay. Thank you for your responses.

Follow-up questions:

1) Have you ruled out foul play as a possibility in Marizela Perez’s
disappearance?

2) Will you seek a warrant compelling ATT to preserve Marizela’s text
messages and any archived messages since January 1, 2011 to the
present?

3) Will you seek a warrant compelling Facebook to preserve Marizela’s
FB email messages and chat sessions since January 1, 2011 to the
present?

4) Will you seek a warrant compelling AOL to preserve Marizela’s
instant message texts since January 1, 2011 to the present?

5) Will you seek a warrant compelling Google to preserve Marizela’s
Google search history and Google browsing history since January 1,
2011 to the present?

6) Will you seek a warrant compelling Google to preserve Marizela’s
Gmail messages since January 1, 2011 to the present?

If and when these warrants are obtained, will you then seek warrants
to obtain Marizela’s ATT text messages, Facebook email messages/chat
sessions, AOL instant message texts, Google search history, Google
browsing history, and Gmail messages since January 1, 2011 to the
present?

Because time is of the essence and as I’ve noted before, the data we
are seeking is perishable, can you please respond to these specific
questions at your earliest convenience.

Thank you.

Michelle

Michelle Malkin
writemalkin@gmail.com
+++++

—

APRIL 27

from Pugel, James James.Pugel@seattle.gov
To Michelle Malkin
date Wed, Apr 27, 2011 at 5:37 PM
subject RE: Fwd:
mailed-by seattle.gov

Michelle – was there a message from you attached to this? thanks

From: Michelle Malkin [mailto:writemalkin@gmail.com]
Sent: Wednesday, April 27, 2011 12:19 PM
To: Ogard, David; Pugel, James
Subject: Fwd:

———- Forwarded message ———-
From: Michelle Malkin
Date: Tue, Apr 26, 2011 at 2:22 PM
Subject: Fwd:
To: “Ogard, David”

———- Forwarded message ———-
From: Michelle Malkin
Date: Mon, Apr 25, 2011 at 9:18 AM
Subject: Re: text messages
To: “Ogard, David” , “Pugel, James”

—

APRIL 27

from Michelle Malkin writemalkin@gmail.com
to “Pugel, James”
date Wed, Apr 27, 2011 at 7:23 PM
subject Re: Fwd:
mailed-by gmail.com

Hi Jim — Yes, it’s the forwarded message right at the top. I’ve sent it three times since Monday and have received no response.

I’ll send it AGAIN:

[Re-sent entire inquiry and email exchanges]

—

APRIL 27

from Pugel, James James.Pugel@seattle.gov
to Michelle Malkin
date Wed, Apr 27, 2011 at 7:24 PM
subject RE: Fwd:
mailed-by seattle.gov

Understood – Dave and I spoke the day that he received it and I know he is going through the list and trying to accomplish as many of the suggestions as possible.

—

APRIL 28

from Ogard, David David.Ogard@seattle.gov
to Michelle Malkin
date Thu, Apr 28, 2011 at 9:14 AM
subject RE: Fwd:
mailed-by seattle.gov

Michelle,

1) No, We have not completely ruled out the possibility of foul play. Although, with the information of the events leading up to her disappearance, it seems to be small.

2) As for the next four questions: I sent a warrant to Google last week and have been awaiting their response. After receiving their response we will determine how to proceed from there.

Det David Ogard
Seattle Police Department
Missing Person / Juvenile Runaway Unit
PO Box 34986
Seattle, Wa 98124
206 684-5007
206 684-4635 fax

—

APRIL 28

from Michelle Malkin writemalkin@gmail.com
to “Ogard, David”
date Thu, Apr 28, 2011 at 8:57 PM
subject Re: Fwd:
mailed-by gmail.com

Det. Ogard,

Can you send a copy of the warrant? Thanks much.

Michelle

—

APRIL 29

from Michelle Malkin writemalkin@gmail.com
to “Pugel, James”
date Fri, Apr 29, 2011 at 8:40 AM
subject Re: Fwd:
mailed-by gmail.com

Thanks, Jim – I asked him if we could see a copy of the warrant he apparently sent to Google last week. Any help in obtaining a copy for the family would be most appreciated.

Marizela’s birthday is tomorrow by the way. She turns 19.

Best,
Michelle

—

APRIL 29

from Michelle Malkin writemalkin@gmail.com
to “Pugel, James”
date Fri, Apr 29, 2011 at 8:43 AM
subject Re: Fwd:
mailed-by gmail.com

P.S. I will be in Seattle on May 8th for the benefit concert for Marizela at UW. If you are in town, I hope you can attend the event. It would be nice to meet you in person.

Info:

http://www.facebook.com/event.php?eid=166045303451702

Sunday, May 8 · 6:30pm – 9:30pm

Location UW Ethnic Cultural Theater
3931 Brooklyn Ave
Seattle, WA

—

APRIL 29

from Pugel, James James.Pugel@seattle.gov
to Michelle Malkin
date Fri, Apr 29, 2011 at 11:28 AM
subject RE: Fwd:
mailed-by seattle.gov

I check and seed if the affidavit can be released.

Yes, I was looking over the original report earlier this week and realized that Saturday will be her birthday. I’ll make every effort to attend the event on the 8th? I couldn’t find the time is starts – do you have it?

—

MAY 2

from Ogard, David David.Ogard@seattle.gov
to Michelle Malkin
date Mon, May 2, 2011 at 4:54 PM
subject RE: Fwd:
mailed-by seattle.gov

We would not be releasing the warrant. I believe you can get a copy through the courts though.

Det David Ogard
Seattle Police Department
Missing Person / Juvenile Runaway Unit
PO Box 34986
Seattle, Wa 98124
206 684-5007
206 684-4635 fax

—

MAY 2

from Michelle Malkin writemalkin@gmail.com
to “Ogard, David”
date Mon, May 2, 2011 at 4:57 PM
subject Re: Fwd:
mailed-by gmail.com

When did you file it and in which court?
Michelle Malkin
writemalkin@gmail.com
+++++

—

MAY 2

from Ogard, David David.Ogard@seattle.gov
to Michelle Malkin
date Mon, May 2, 2011 at 4:59 PM
subject RE: Fwd:
mailed-by seattle.gov

The judge signed it on 4-22 and it was in King Co Superior Court.

Det David Ogard
Seattle Police Department
Missing Person / Juvenile Runaway Unit
PO Box 34986
Seattle, Wa 98124
206 684-5007
206 684-4635 fax

—

MAY 3

from Michelle Malkin writemalkin@gmail.com
to “Ogard, David” ,
jamie.eilert@kingcounty.gov
cc “Pugel, James”
bcc
date Tue, May 3, 2011 at 10:51 AM
subject Re: Fwd:
mailed-by gmail.com

Detective Ogard – I am trying to obtain your warrant through King County. Jamie Eilert with King County Superior Court is working with me to get a copy. She has been unable to find the warrant in her search of records and needs a search warrant number.

I am cc’ing her on this e-mail.

Can you please supply the search warrant number?

Thank you,
Michelle

—

MAY 3

from Ogard, David David.Ogard@seattle.gov
to Michelle Malkin ,
“jamie.eilert@kingcounty.gov”
cc “Pugel, James”
date Tue, May 3, 2011 at 11:25 AM
subject RE: Fwd:
mailed-by seattle.gov

The search warrant number is 11-259. But, I doubt she will be able to find anything on it yet. It has not been filed with the clerk, and wont be until the warrant has been completed and then filed. I have not received any info back from Google.

Det David Ogard
Seattle Police Department
Missing Person / Juvenile Runaway Unit
PO Box 34986
Seattle, Wa 98124
206 684-5007
206 684-4635 fax

—

MAY 3

from Michelle Malkin writemalkin@gmail.com
to “Ogard, David”
cc “jamie.eilert@kingcounty.gov” ,
“Pugel, James”
bcc
date Tue, May 3, 2011 at 11:30 AM
subject Re: Fwd:
mailed-by gmail.com

Det. Ogard:

I don’t understand.

You e-mailed me on May 2: “We would not be releasing the warrant. I believe you can get a copy through the courts though” and “The judge signed it on 4-22 and it was in King Co Superior Court.”

Is it filed or not?

Michelle Malkin
writemalkin@gmail.com
+++++

—

MAY 3

from Michelle Malkin writemalkin@gmail.com
to “Ogard, David”
cc “Pugel, James”
bcc
date Tue, May 3, 2011 at 11:57 AM
subject Re: Fwd:
mailed-by gmail.com

Just to be clear: Are you telling me that the document signed by the judge on the 22nd is not a public record?

Why do we have to wait for Google to respond to see what exactly you’ve asked for in the first place?

Michelle Malkin
writemalkin@gmail.com
+++++

—

MAY 3

from Michelle Malkin writemalkin@gmail.com
to jamie.eilert@kingcounty.gov
date Tue, May 3, 2011 at 11:42 AM
subject regarding search warrant
mailed-by gmail.com

Hi Jamie – Please let me know if the search warrant number that Det. Ogard just e-mailed yields the document I’m looking for…if a judge signed it, as he says, on the 22nd, won’t I be able to obtain it? Why would I have to wait for it to be completed? I don’t understand why I would have to wait.

Any help is GREATLY appreciated since my cousin has been missing for two months now and our family needs all the info we can get.

Best,
Michelle
—

MAY 3

from Eilert, Jamie Jamie.Eilert@kingcounty.gov
to Michelle Malkin
date Tue, May 3, 2011 at 11:48 AM
subject RE: regarding search warrant
mailed-by kingcounty.gov

Hello Michelle,

I don’t see the Warrant Number filed that the detective mentioned. I am assuming that the Judge signed the warrant on April 22nd stating that it is okay to do the search warrant but like the detective mentioned, he has not heard back from Google. You will need to keep in contact with the Detective to find out when they file the search warrant so that I can get you a copy. As of right now there is nothing that the Clerk’s Office can do. Keep me posted on the outcome and what you hear from the detective.

I am sorry to hear about your cousin. Best of luck finding her.

Thank you.

Jamie Eilert
King County Superior Court
Department of Judicial Administration
Customer Service Specialist III
516 3rd Ave Rm E609
Seattle, WA 98104
206.296.7863

—

MAY 3

from Michelle Malkin writemalkin@gmail.com
to “Eilert, Jamie”
bcc
date Tue, May 3, 2011 at 11:53 AM
subject Re: regarding search warrant
mailed-by gmail.com

Jamie –

Just to be clear: You are telling me that the warrant signed by the judge on the 22nd is not a public record?

What if I filed a freedom of information act request for it?

Sorry to be a bother. I just don’t understand why I can’t see what exactly the police requested and what exactly the judge signed off on.

Best,
Michelle

—

MAY 3

from Eilert, Jamie Jamie.Eilert@kingcounty.gov
To Michelle Malkin
Date Tue, May 3, 2011 at 11:55 AM
Subject RE: regarding search warrant
mailed-by kingcounty.gov

Michelle,

That is something that you would need to ask the Detective. The Clerk’s Office only obtains documents that have been filed in the King County Superior Court. He has way more information than we do since we don’t have any records of the warrant number he mentioned.

Thank you.

Jamie Eilert
King County Superior Court
Department of Judicial Administration
Customer Service Specialist III
516 3rd Ave Rm E609
Seattle, WA 98104
206.296.7863

—

MAY 4

from Ogard, David David.Ogard@seattle.gov
to Michelle Malkin
date Wed, May 4, 2011 at 8:55 AM
subject RE: Fwd:
mailed-by seattle.gov

I believe there is some kind of misunderstanding going on…

Let’s start from the beginning. You have asked and we have emailed about the possibility of seeing what Marizela had searched for on Google and email. I contacted Google and after playing phone tag with them and trying to figure out what they can provide to me, since they originally told me that what I was asking for was like “looking for a needle in a hay stack”. I wrote a search warrant and presented it to a judge and it was signed on 4-22-11 and sent if off to Google. I requested it be handled on an exigent circumstances situation and they said they would get me the info as soon as they could. I am still waiting for them to respond with the info I requested.

When I get the information back, I will then file the warrant with the clerk for King Co.

At no point have I said or implied that these would not be available.

I have also explained to the Perez’ that there may be some things I learn, that I will not be able to share with them. I do not believe I have anything they do not know about at this time. But, this is an open investigation and there may / will be some things that will not be disclosed.

I hope this has cleared up any confusion.

Det David Ogard
Seattle Police Department
Missing Person / Juvenile Runaway Unit
PO Box 34986
Seattle, Wa 98124
206 684-5007
206 684-4635 fax

—

MAY 5 MALKIN PHONE CONVERSATION WITH CATHY MCGOFF OF GOOGLE INC’S LEGAL DEPARTMENT

McGoff cannot confirm or deny receipt of any search warrant related to Marizela’s case. She cannot answer any specific questions about where the company is in the legal process related to Marizela’s case. In general, she says, it may take up to 10 days to respond. If Ogard secured a judge’s signature on the 22nd, as he says, and if he sent the warrant to Google on the same day, then it has been 13 days today.

McGoff could not confirm whether, as Ogard has told us, Google has failed to return his calls related to the case. She promised to red-flag the case if she comes across it.

—

MAY 12

From Michelle Malkin writemalkin@gmail.com
to “Eilert, Jamie”
date Thu, May 12, 2011 at 1:01 PM
subject Re: regarding search warrant
mailed-by gmail.com

Jamie – Could you follow up and see if the search warrant I was inquiring about has been filed yet?

Thanks much.

Best,
Michelle

—

MAY 12

from Eilert, Jamie Jamie.Eilert@kingcounty.gov
to Michelle Malkin
date Thu, May 12, 2011 at 3:38 PM
subject RE: regarding search warrant
mailed-by kingcounty.gov

Hello Michelle,

The warrant has not been filed. The Detective said that he was going to contact me as soon as it was filed. I will contact you when it has been filed. I have been keeping a close eye on this.

Thank you.

Jamie Eilert
King County Superior Court
Department of Judicial Administration
Customer Service Specialist III

—

MAY 16

from Michelle Malkin writemalkin@gmail.com
to cmcgoff@google.com
date Mon, May 16, 2011 at 10:24 AM
subject Regarding Marizela Perez

Hi Cathy – We spoke a few weeks ago about my missing cousin, Marizela Perez. Just wondering if there’s anything you can tell us yet regarding the legal process related to her case — e.g., has the company’s response been completed yet?

Thanks so much.

Best,
Michelle

—

MAY 17

from Cathy Mcgoff
to Michelle Malkin
date Tue, May 17, 2011 at 12:39 PM
subject Re: Fwd: Regarding Marizela Perez

Hi Michelle,
Unfortunately, I have no updates to offer as policy precludes any confirmation or denial of the existence of legal process received by the company. Under the circumstances, I certainly wish I could provide more information to you. Google complies with valid legal process under U.S. law so be assured that we will respond, or possibly have for that matter, to the appropriate authorities in a timely fashion depending on the scope and accessibility of the data requested. Again, I continue to hope for the best for you and your family during this difficult time.

Regards,

Cathy

—

MAY 18

On Wed, May 18, 2011 at 8:49 AM, Ogard, David wrote:

I have been sick since I last saw you and have returned to the office today. I will be going through my emails and phone msgs.

Also, I expected to see the documents from Google today, but I have not received anything. I will be contacting them too.

Det David Ogard
Seattle Police Department
Missing Person / Juvenile Runaway Unit
PO Box 34986
Seattle, Wa 98124
206 684-5007
206 684-4635 fax

***

Update…Sigh. Just received from King County Superior Court…

from Eilert, Jamie Jamie.Eilert@kingcounty.gov
to Michelle Malkin
date Fri, May 20, 2011 at 9:05 AM
subject RE: regarding search warrant
mailed-by kingcounty.gov

hide details 9:05 AM (41 minutes ago)

Hello Michelle,

I have not heard from the detective regarding the warrant yet. I am going to close out your request that you did with our online records request and have your money refunded per our policy. Once you have the warrant number and all the information you will want to do another online records request. If you have further questions please don’t hesitate to call or email.

Thank you.

Jamie Eilert