reply-to-DA-response-feb12-2022.pdf - sfischer

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February 12, 2022 VIA USPS CERTIFIED MAIL Blount County District Attorney's Office Attn: Pamela Casey, District Attorney 220 2nd Ave E, Suite 210 Oneonta, AL 35121 Re: The Estate of Breana Nix Dear District Attorney Casey: I am in receipt of your email reply to my letter dated February 10, 2022. As you admit in your response, your office has only met with our family on two occasions in twenty-three months since my sister's death. As Blount County District Attorney, you were elected to represent the people's interests by representing the State to prosecute crimes and protect our community. With that duty comes inherent obligations to the community. Blount County itself describes those obligations as: You may contact the District Attorney for questions about: • Oneonta criminal records • Criminal investigations and prosecutions • Blount County Court records • The jury selection process in Oneonta • Victim assistance programs However, your office has acted in complete disregard of these obligations. In twenty-three months, you have failed to decide whether to prosecute or to deny to prosecute. You are well aware that the statute of limitation lapses in 17 days and appear to be intentionally handcuffing the Estate of Breana Nix from pursuing a wrongful death complaint because you have instructed the investigators, coroner, and Department of Forensic Sciences to withhold releasing any discovery to the Estate because the case "is under investigation." Because of this, we have not even been able to obtain the autopsy of Breana Nix after twenty-three months because you have the case status as "under investigation," yet in your email just two days ago, you state, "At this time, no criminal proceedings are pending or have been initiated." It seems as though you have it both ways. This is an intentional strategy to keep these matters of public record from the Estate, even though you are aware the Estate needs this data to evaluate litigation and targets. The ABA Standards for Criminal Justice: Speedy Trial and Timely Resolution of Criminal Cases addresses the importance of timely case resolution not only for a defendant but also for the public interest and victims. Standard 12-3.1 The public's interest in timely case resolution The interest of the public, including victims and witnesses, in timely resolution of criminal cases, is different from the defendant's right to a speedy trial. This interest should be recognized through formal adoption of policies and standards that are designed to achieve timely disposition of criminal cases regardless of whether the defendant demands a speedy trial. Reasons for developing effective policies and standards aimed at timely resolution of criminal cases include: (a) preserving the means of proving the charge(s) against the defendant; (b) maximizing the deterrent effects of prosecution and conviction; (c) increasing the likelihood that rehabilitative purposes of a sentence imposed if the defendant is convicted will be achieved; (d) minimizing the length of the periods of anxiety for victims, witnesses and defendants, and their families; The interest of the public or the victims, in this case, is not of concern to your office. Therefore to preserve certain rights, the Estate of Breana Nix filed a Wrongful Death complaint in The Circuit Court of Blount County, Alabama. The Estate will be subpoenaing critical discovery items, which should have been of public record long ago. Of course, we are sure you will move to quash these subpoenas. But, quite frankly, we think a Judge finally hearing about the unnecessary delays and the intentional standstill this case has been placed in will eventually break the gridlock. Then, finally, the Estate of Breana Nix will have a chance to plead to the Court and ask for relief from the madness and anxiety the Office of the District Attorney is putting the family of Breana Nix through. I would like to address now the request for the production of documents and request for clarification in your email response: "I am interested as to whether you would like to share your text messages with Steven before Breana's death." I am willing to give your office all information and documentation you would like from me. I have attached all the text messages between Steven and myself since January 2020, approximately three months before Breana's death. You did not state a specific time period, so I chose the beginning of the year. If you have a particular date range you are requesting, please reply with that request, and I will get you the data promptly. "I was meaning to reach out to you to inquire as to why Breana would have you listed as "beef curtains" in her phone instead of your name. Any insight as to that would be added to the file as well when we present it to the GJ." I am happy to share that with you. After I had parted ways with my fiancé and was ready to begin socializing and dating as a single person, I had stopped by Breana's home before going out one evening. I had purchased a new dress as I was newly single, and admittedly it was a relatively short dress, but I looked terrific in it. So when I arrived at Breana's house in a humorous tone she was known for, Breana looked me over and, referring to the length of my dress, she said, "damn Brittany, that dress is so short you can almost see your beef curtains." That was a term I had never heard before, so Breana explained the "slang" meaning of the term, and we laughed out loud about it. We laughed for quite a while. I was working as a bartender during that time, and I thought it was so funny I mentioned it to co-workers and regular customers, who also found it funny. And since that time, my nickname has been "beef curtains." I can assure you Breana is not the only person that had my name listed that way in their contact list. I understand you asked the question as a passive-aggressive way of thinking you were insulting me; however it put a smile on my face, it reminded me of laughing with Breana. So I genuinely thank you for asking. If you have any further questions or document production requests from me, please let me know, and I will work promptly to get your whatever you request. I am glad I had the opportunity to notify you of the position and intentions of the Estate of Breana Nix. Despite twenty-three months of inaction, we still are holding out hope your office will do its job and either prosecute or deny to prosecute, so the discovery items are not withheld for the sake of protecting certain people and specific information. We have a good idea of what the data is, and we can assure you in the end, we will get the public records, and they will be made public. The truth will prevail. It always does. Sincerely, Brittany Noojin The executor to the Estate of Breana Leigh Nix