ROCHESTER - A criminal investigation into an August motorcycle crash that left a Rochester man dead is still open and active, according to Rochester's city attorney.
In the wake of a new 91-A Right to Know request from The Rochester Voice, City Attorney Terence O'Rourke emailed The Voice on Thursday to state that police records regarding the crash were "exempt from disclosure" because the investigation was still active.
Interestingly, The Rochester Voice's Right to Know request contained no request for police documents related to the crash, which took the life of Michael Collins, 54, of Rochester.
Rather, the RTK request sent by The Voice was for any emails between DPW staff, City Manager Katie Ambrose and O'Rourke as well as any documents regarding city protocols and best practices for when a downtown stoplight goes from solid to blinking, which can lead to significant dangers as they did on Aug. 19 when Collins was killed in a crash at the corner of South Main and Portland streets.
Documents earlier obtained by The Rochester Voice show that the stoplights at the intersection of Portland and South Main streets were reported blinking around 11 a.m. on Aug. 19, more than eight hours before the fatal crash.
The stoplights are normally solid, not blinking; police dispatch notes indicate that the malfunction was due to an electrical issue.
A couple of minutes after the first call another caller into dispatch said the lights were blinking and it will "cause an accident."
Later, around 1:40 p.m. Rochester's DPW advises police dispatch that the lights will remain in flashing mode till the "light company" can come out to fix them.
Collins died when his 2010 Harley Davidson FLHTC collided with a 2016 Toyota Corolla being driven by Kimberlee Raymond, 22, of Rochester, around 7:40 p.m., just as dusk was falling.
Rochester Police Capt. Todd Pinkham revealed on Sept. 18 that after a monthlong investigation police had verified what witnesses to the crash had said: that the lights for South Main Street traffic were blinking yellow, while Portland Street was blinking red.
According to police, Collins was traveling on South Main Street headed north toward Central Square, while the Toyota had turned from Charles Street onto Portland Street by the Service Credit Union drive-thru and was headed straight through the light to continue on Portland Street in the direction of Windjammers restaurant.
Pinkham also confirmed that stoplights for South Main Street traffic were blinking yellow, while the Portland Street traffic were blinking red, indicating Collins had the right of way.
The state DOT maintains most traffic lights throughout New Hampshire but several cities, including Rochester, manage their own downtown stoplights, a DOT official said.