Thursday, March 28, 2024

Judge: Cops can withhold report from State News

August 16, 2006

The State News' appeal to an Ingham County Circuit Court judge's ruling that allows MSU to withhold an incident report concerning an alleged Feb. 23 assault in Hubbard Hall is still pending after a summerlong court battle.

The State News filed a lawsuit against the university May 19 for not releasing the police report for the alleged assault in South Hubbard Hall.

In the alleged assault, three assailants — one armed with a handgun — threatened three people. One assailant poured gasoline on a victim's chest and threatened to light it.

An incident report would provide further information about the events that day.

The State News originally submitted a request for the police report March 3 using the Freedom of Information Act, or FOIA, but it was denied by the university in a letter dated March 24.

After submitting an appeal to MSU on March 28 asking the university to provide justification for withholding the information, The State News was again denied in an April 12 response signed by MSU President Lou Anna K. Simon.

According to the denial letters from the university, releasing the information would be an unwarranted invasion of privacy, interfere with investigation proceedings and deprive the men arrested of a fair trial.

Herschel Fink, a First Amendment and media lawyer representing The State News in this matter, sent a letter addressed to Simon requesting the incident report after MSU denied the paper's request and appeal. In the letter, Fink gave the university one week to respond before filing a suit.

On May 8, MSU's Office of General Counsel sent a letter to Fink explaining the cases the FOIA Office and Simon used in their rejection letters and why they chose to cite them. It also added that MSU would continue to withhold the report.

"In this matter, release of the police report does not serve the core purpose of FOIA because the report would not 'significantly contribute' to the public's understanding of University operations," the letter read.

MSU spokesman Terry Denbow released a statement May 9 defending the university's stance.

"Our decisions to deny the reporter's FOIA request and appeal were based on our belief that we should use available FOIA exceptions to protect the integrity of the criminal process and the safety and privacy of individuals caught up in that process," Denbow said in the statement.

The lawsuit at the Oakland County Circuit Court is an action permitted under FOIA so long as the organization being sued has offices in that county.

Oakland County Circuit Court Judge Denise Langford Morris heard the case May 31, but referred it to Ingham County because "it would be more convenient if it took place where it appears most of the occurrences took place."

Ingham County Circuit Court Judge Joyce Draganchuk ruled in favor of MSU on June 8 and said during the proceeding that releasing the police report would needlessly disclose personal information of innocent individuals — such as witnesses and victims — and not significantly contribute to the public's understanding of government operations, as well as taint potential jurors.

Although the community has a right to know about crime, the urgent need for government transparency was not presented in this case, she said.

The State News Board of Directors unanimously voted to take further legal action on June 23.

Jane Briggs-Bunting, president of The State News Board of Directors and director of MSU's School of Journalism, said on June 23 that according to the ruling and the way it has been interpreted, the public might never find out about crime.

"It's an important case for news organizations across the state," she said. "It's no longer about The State News. It's really in the public's interest."

The State News filed a notice for an appeal June 30 against the June 8 court ruling.

A notice, or claim, of appeal notifies the court and the opposing side that action will be taken against a ruling and summarizes the information of the case. Lawyers representing the newspaper must now file an appellant brief, which includes the newspaper's legal arguments.

Fink said in July that other newspapers, with the court's permission, can file briefs against the ruling.

"A lot of news organizations are concerned with this ruling and what it means for the public's right to know," Fink said. "We expect and have already received support from other news organizations."

Discussion

Share and discuss “Judge: Cops can withhold report from State News” on social media.