access to records

The Connecticut General Assembly is considering a bill called the "look, listen but don't copy law," which would allow public access to homicide photos and 911 tapes to review them but not necessarily to get copies of them, the Connecticut Post reports. Family members of crime victims could cite an unwarranted invasion on their public privacy to block release of the records, then putting the onus on the public to show that there actually is no invasion, the Post reports.

The Legal Intelligencer's Gina Passarella (my former cubicle-mate!) reports on a Commonwealth Court ruling today that the Pennsylvania Senate must disclose legal bills as well as client names for the attorneys hired by the legislative chamber to represent former state Senator Robert J. Mellow and other Democratic caucus employees. "After already determining attorney-client privilege doesn’t protect from disclosure of client identities or descriptions of legal services provided, the Commonwealth Court has now found that information can’t be protected under the attorney work-product doctrine, grand jury secrecy rules or a criminal investigation exception," The Legal further reports.

The Connecticut Supreme Court heard oral arguments last week on conflicting interpretations of that state's Freedom of Information Law. Law enforcement representatives are arguing that, once they have released the names and addresses of  people who've been arrested, as well as the dates, times and places of their arrests and the offenses with which they were charged, that they can decide what's exempt from disclosure until after criminal cases are done.But 'it appeared that the justices were skeptical of a legal theory that would give prosecutors and police departments complete discretion on how much information they have to release about a criminal case, once they have released the basic 'police blotter' facts of the arrest," The Connecticut Law Tribune reports.

The Connecticut Supreme Court heard oral arguments last week on conflicting interpretations of that state's Freedom of Information Law. Law enforcement representatives are arguing that, once they have released the names and addresses of  people who've been arrested, as well as the dates, times and places of their arrests and the offenses with which they were charged, that they can decide what's exempt from disclosure until after criminal cases are done.But 'it appeared that the justices were skeptical of a legal theory that would give prosecutors and police departments complete discretion on how much information they have to release about a criminal case, once they have released the basic 'police blotter' facts of the arrest," The Connecticut Law Tribune reports.

The Connecticut Supreme Court heard oral arguments last week on conflicting interpretations of that state's Freedom of Information Law. Law enforcement representatives are arguing that, once they have released the names and addresses of  people who've been arrested, as well as the dates, times and places of their arrests and the offenses with which they were charged, that they can decide what's exempt from disclosure until after criminal cases are done.But 'it appeared that the justices were skeptical of a legal theory that would give prosecutors and police departments complete discretion on how much information they have to release about a criminal case, once they have released the basic 'police blotter' facts of the arrest," The Connecticut Law Tribune reports.

The Connecticut legislative panel, appointed to examine restrictions on access to records in the wake of the Sandy Hook school shooting, voted 14-3 to recommend "setting up a new system that will allow the public, including members of the media, to privately inspect [crime photos, 911 audio tapes and other information from homicides], also including video and internal police communications from a homicide. They would then go through a process to obtain actual copies, ultimately having to prove there's a strong public interest in the information," the Associated Press reports. It is not unknown if Connecticut legislators will adopt the recommendation.

The panel would shift the burden onto the media or other members of the public requesting the information.

The taskforce also recommended that "the identity of minors who witness a crime of violence, sexual offense or drug offense should not be disclosed," the AP reports.

After a nearly year-long open-records fight, a prosecutor relented on his opposition to the Associated Press's request to get copies of the 911 calls made as Adam Lanza shot schoolchildren and school professionals within 11 minutes of entering Sandy Hook Elementary School. The calls were released today, according to the AP. 

Teresa Rousseau, whose daughter Lauren was among the six educators killed and an editor at the Danbury News-Times, said "there was no need to play the tapes on the radio or television," the AP said. '"I think there's a big difference between secrecy and privacy," she said. "We have these laws so government isn't secret, not so we're invading victims' privacy,'" the AP also reported.

The Associated Press reports that prosecutor State's Attorney Stephen Sedensky III announced today he will no longer fight against the disclosure of 911 calls made as Adam Lanza shot schoolchildren and school officials at Sandy Hook Elementary School in Newtown, Connecticut. Last week, Sedensky was ordered by a trial judge to release the 911 calls to the Associated Press. The AP says it wants to review the recordings, in part, to scrutinize the law enforcement response to the mass shooting.

A legislative task force "created under a hastily-passed law intended to prevent the disclosure of crime scene photographs and certain audio recordings collected by police following the Sandy Hook shooting and other homicides" has agreed to a compromise in which there would be limited access to crime scene photos and videos involving child crime victims, CT News Junkie reports. A central location would be created where the records could be viewed, but not copied. The proposal also would create a release valve for members of the public to make the case for releasing protected records to serve the public interest.

The Connecticut Mirror reports that Superior Court Judge Eliot D. Prescott ordered the release of 911 calls made after Adam Lanza opened fire at the Sandy Hook Elementary School in Newtown, Conn., unless he is overturned on appeal.

'"Delaying the release of the audio recordings, particularly where the legal justification to keep them confidential is lacking, only serves to fuel speculation about and undermines confidence in our law enforcement officials,'" The Connecticut Mirror reported the judge opining.

The judge rejected all of the prosecution's argument to keep the 911 calls out of the public, including that releasing the calls would "have a chilling effect on those who might need to call 911," The Connecticut Mirror further reported.

The Associated Press is seeking the 911 calls.