The State News will appeal a circuit court's decision to allow MSU to keep the initial police report about the alleged Feb. 23 assault in Hubbard Hall from the public, according to a decision made Friday by the newspaper's Board of Directors.
Ingham County Circuit Court Judge Joyce Draganchuk said during a June 8 court proceeding that releasing the initial incident report would needlessly disclose the personal information of innocent individuals and not significantly contribute to the public's understanding of government operations, as well as taint potential jurors.
Personal information, including names, gender, age, ethnicity and driver's license numbers, for anyone who has appeared as a defendant can be found in 54-B District Court records and is available to the public.
Jane Briggs-Bunting, president of The State News Board of Directors and director of MSU's School of Journalism, said the board unanimously approved the decision to try and overturn the court ruling and has received support from other newspapers.
According to the ruling and the way it has been interpreted, the public might never find out about crime, she said.
"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."
MSU spokesman Terry Denbow said Sunday that the university's "position doesn't change on integrity."
The State News filed the lawsuit against the university May 19 after MSU refused the newspaper's requests to release the initial police report regarding the alleged assault at Hubbard Hall.
On Feb. 23, three assailants, including one with a handgun, threatened three occupants in a South Hubbard Hall room, and one assailant poured gasoline on one victim's chest and threatened to light it.
The State News submitted a request for the report March 3 but was denied by the university March 24. After submitting an appeal to MSU on March 28 asking the university to provide justification for withholding the information, the newspaper was again denied April 12.
The lawsuit was initially filed at the Oakland County Circuit Court, which is permitted under the Michigan Freedom of Information Act, or FOIA. A FOIA lawsuit can be filed in any county where the party being sued has an office. MSU has offices in Pontiac and Troy.
Herschel Fink, First Amendment and media lawyer representing the newspaper in this case, said in a June 1 State News article that he filed a lawsuit with the Oakland County Circuit Court "to remove this case from the politics of Ingham County," which was prompted by a letter sent to the university from Ingham County Prosecutor Stuart Dunnings III.
Oakland County Circuit Court Judge Denise Langford Morris heard the case May 31 and referred it to Ingham County.
Briggs-Bunting said the newspaper's attorneys will file a notice for an appeal, which informs both the court and opposing side that they will appeal. In this case, the court is required to hear the newspaper's appeal, she said.
Appeals sometimes can take up to two years, and there's no telling how long The State News' appeal will go on, she said.
"We're in it for the long haul," Briggs-Bunting said. "It's not the sort of thing we want to handle, but we have to do the right thing."
Lindsey Poisson can be reached at poisson4@msu.edu.
