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Sunday, April 05, 2009

Ind. Gov't. - "Public Access counselor says tape can be withheld"

This item today in the Indianapolis Star:

Indiana's public access counselor says police and Fort Wayne city officials have the right to withhold from the media videotapes that show a fatal police shooting.

Public Access Counselor Heather Willis Neal issued the advisory opinion Friday.

The Fort Wayne Journal Gazette and local television stations WPTA and WISE had filed a complaint after police and the city refused to release the tapes of the shooting death of Jose Lemus-Rodriguez when the investigation was finished.

The access counselor provides advice on Indiana's public access laws and issues nonbinding opinions on records denials.

In her opinion, Neal said state law allows police to withhold from the public records that are labeled "investigatory" even if an investigation has been completed.

"There may be a problem with the law," said Tracy Warner, editorial page editor of The Journal Gazette. "There seems to be no deadline on how long investigatory materials can be kept from the public."

See a story on the February Cosbey ruling here.

The family of Lemus-Rodriguez filed a lawsuit in November claiming that city police officer James Arnold used unreasonable force when he fatally shot the 24-year-old man on Dec. 23, 2007, following a car chase.

Police say Lemus-Rodriguez was shot after he attempted to ram officers with his car.

Police dashboard video is believed to show the shooting.

Allen County Prosecutor Karen Richards announced last May she would not file criminal charges against Arnold. The city also hired an outside consultant who determined that Arnold did not violate department rules.

In February, a federal magistrate denied the city of Fort Wayne's demand that attorneys for the Lemus-Rodriguez family be prohibited from releasing the video.

Magistrate Roger B. Cosbey said in an opinion that a protective order could not be issued to keep the video from being released.

The PAC opinion is not yet available online, but when it is, it should appear at the end of this list.

Posted by Marcia Oddi on April 5, 2009 01:45 PM
Posted to Indiana Government