MSU officials want to take The State News to the state's highest court.

This is the latest in a legal battle between the paper and the university over the release of police reports from a February 2006 assault in Hubbard Hall.

On Monday, MSU's Office of the General Counsel rejected a State News request to settle its lawsuit against the university out of court. Now, the university intends to apply for leave to appeal the decision to the state's Supreme Court.

And if successful, the move could keep the MSU community in the dark about crime on campus, no matter how severe.

"The tragic incident at Virginia Tech highlights the need for a free flow of information from the university to the students — especially regarding issues of safety and campus crime," said Margaret Harding, State News editor in chief.

MSU General Counsel Bob Noto referred all questions about the decision to university attorney Theresa Kelley, who handled the case.

Kelley did not return repeated calls for comment Tuesday or Wednesday.

When questioned, MSU spokesman Terry Denbow said it is the practice of general counsel not to discuss ongoing litigation with the media.

"That wouldn't be appropriate," Denbow said.

In contention

Kelley sent a letter Monday to State News lawyer Herschel Fink rejecting his offer to settle the case if the university released the police report in its entirety and paid the paper's legal fees in the amount of $39,946.01. Instead, she replied that the university would file an application for leave to appeal the Michigan Court of Appeals' decision to the Supreme Court.

Fink responded by letter Tuesday, questioning the university's decision to spend more money on a legal matter he says is not associated with MSU's educational mission.

"Particularly in this economic climate, that's outrageous," Fink said by telephone Tuesday.

In his letter, Fink reminded MSU officials about another campus freedom of information case at the state Supreme Court level.

In 1993, the University of Michigan lost a similar case and ended up paying about $235,000 in lawyers' fees.

MSU's case stems from an alleged assault last year involving three men brandishing a gun at three victims in Hubbard Hall.

One of the assailants reportedly poured gasoline on a victim and threatened to light it. MSU police refused to release the incident report from the assault.

During two prior Freedom of Information Act requests and a circuit court trial, MSU maintained the report was classified to protect the privacy of the individuals involved, even those charged with the crime.

In its 15-page decision, however, a panel of Michigan Court of Appeals judges said the circuit court was wrong to affirm the university's position and ordered a circuit court judge to review the case. That review has not yet been completed.

"The university took an absolute position, found a new circuit judge who did not pay attention to the law, and made an error," Fink said. "The Court of Appeals reversed that decision, and the university hasn't learned anything from it."

Fink said the appeals court decision clearly laid out that police incident reports are by nature public documents. Unless there are extreme circumstances surrounding the case, Fink said, the university will lose this fight.

Right to know

The issue is much larger than one police report on one college campus, said Loren Cochran, who directs the Freedom of Information Service Center for the Reporters Committee on Freedom of the Press in Arlington, Va.

"For any type of crime, you have to start from the presumption that these are public records, not the president of the university's records or the administration's records," Cochran said. "For the university to bargain away the public's right to access seems counterproductive."

He said it is the responsibility of reporters to act as conduits for the public in making sure their government is acting responsibly.

"If the news media has an opportunity to make a stand for open government and to spotlight what are clearly injustices, then that's what we're here for," Cochran said.

Perry Parks, editorial adviser to The State News, said he cannot understand the university's argument in withholding information regarding a violent assault in the dorms.

"It is The State News' position that the more the MSU community knows about crime on campus, the better able we are to respond as a community," he said.

Josh Jarman is the State News campus editor. Reach him at campus@statenews.com.