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Thursday, June 08, 2006

Ind. Courts - Records on IU student's death could be released [Updated again]

Ken Kusmer writes today for the AP:

MARTINSVILLE, Ind. (AP) -- A judge [today] could release autopsy and forensic reports in the death of an Indiana University student whose body was found in 2003, nearly three years after she disappeared while riding her bicycle in Bloomington.

The cause and manner of 19-year-old Jill Behrman's death and other autopsy results have been sealed since December 2003 by order of Morgan Superior Court Judge G. Thomas Gray. At the time, he agreed with prosecutors that disclosing the information before an arrest was made could hurt the investigation.

In April, prosecutors charged John Myers II with murder in Behrman's death after a grand jury heard testimony from 90 witnesses over four weeks.

Gray on Thursday will listen The Herald-Times of Bloomington's request to release the information. Public access attorneys argue that state law requires that after any death investigation a county coroner must make public details on the probable cause, manner and mechanism of death.

[Updated at 10:30 am]Ken Kusmer's story now reports:
MARTINSVILLE, Ind. (AP) -- A judge on Thursday refused to release autopsy and forensic reports in the death of an Indiana University student whose body was found in 2003, nearly three years after she disappeared while riding her bicycle in Bloomington.

The cause and manner of 19-year-old Jill Behrman's death and other autopsy results have been sealed since December 2003 by order of Morgan Superior Court Judge G. Thomas Gray. He refused to change that stance Thursday.

"As a philosophical and moral issue, this court can't see why anybody who is dealt a death by involuntary means needs to have those involuntary means splashed across headlines," Gray said when giving his ruling.

The Herald-Times of Bloomington asked for the records to be released. Public access attorneys argued that state law requires that after any death investigation a county coroner must make public details on the probable cause, manner and mechanism of death.

Herald-Times editor Bob Zaltsberg represented the newspaper, which did not have an attorney at the hearing. He said the paper believed the Indiana General Assembly said the record should be open.

Mark Crandley, an attorney for The Indianapolis Star, said he was surprised the judge ruled from bench.

"It's an important case, and the judge obviously put a lot of thought into his decision," he said.

the Indianapolis Star has a brief story here.

The Star story has now been expanded to include:

Mark J. Crandley, an attorney for The Star, said he was surprised the judge ruled so quickly, and was discussing whether there were grounds for an appeal.

State law requires that after any death investigation a county coroner must make public 19 essential details, ranging from name and age to the “conclusion as to the probable cause, manner and mechanism of death.”

But in some cases police contend the law allows them to withhold the release of evidence that they believe would hamper their ability to gain a conviction.

Crandley said the ruling "definitely sends a message to the state, so there is a concern in that regard … the public is not going to have a right to know how the victim was killed for many years."

A Morgan County grand jury indicted John R. Myers II, 30, on a murder charge in April His trial is set for Sept. 18.

Posted by Marcia Oddi on June 8, 2006 09:32 AM
Posted to Indiana Courts