In possible violation of the state’s open records law, Lawrence Police Chief Ron Olin has clamped down on public information about a police chase that ended with the death of an innocent woman.

In the span of two weeks, Olin has denied two formal requests from the Journal-World for access to recordings of police-dispatch tapes. He also has denied access to a written “officer’s special report” describing the Aug. 26 pursuit, which killed Judith Velluci, 56, of Lawrence, near 31st and Iowa streets.

The denials are based on an overly narrow or incorrect interpretation of state law, according to Mike Merriam, an attorney representing the Journal-World. Merriam is an expert in open records law who also is an attorney for the Kansas Press Assn.

While the Kansas Supreme Court has ruled that the state’s open records law is to be construed “liberally” by public officials, Merriam said Olin had chosen to avoid public disclosure in violation of state policy and law.

“The chief’s interpretation is certainly not interpreting the open records law liberally,” Merriam said of a denial letter delivered to the newspaper Monday. “He gives three sentences and shuts you down. He’s giving the narrowest interpretation, and I’m saying even those narrow interpretations are wrong. The cops are doing everything they can to clamp this down.”

Olin claims the dispatch tapes aren’t public because they’re part of a “criminal investigation record.”

But the law defines investigative records as information “compiled in the process of preventing, detecting or investigating” crimes.

“A dispatch tape isn’t any of those things,” Merriam said. “It’s in response to actions that are occurring at that point in time.”

Olin also claims the officer’s report from the pursuit can be kept private because it is a “memorandum” between the officer and the chief — not a report.

Should the Lawrence Police Department’s policy on vehicle pursuits prohibit the department from chasing specific groups of offenders? (For example, car thieves or traffic violators.) Yes, list specific types of crimes in the policy. No, keep the policy general. Undecided. ¢See the results »Note: This is not a scientific poll. The results reflect only the opinions of those who chose to participate.¢Related stories:Chase leads to policy review

State law allows government memoranda, notes or other documents “in which opinions are expressed or policies or actions are proposed” to be kept private. But the formal report in question lists why the pursuing officer gave chase and what happened.

Even if it were legal for police to withhold the information, Merriam said, it wouldn’t be a good idea.

“Surely the pursuit and the accompanying documents are matters of core public interest that could scarcely affect any criminal trial, and withholding them can only engender suspicion and lack of confidence in law enforcement,” Merriam wrote in a letter sent Monday to Olin on behalf of the Journal-World.

The letter, sent after receipt of Olin’s second denial, demanded that the department release the requested information.

High-speed wreck

The crash, which occurred as Lawrence police officers chased 19-year-old suspect Nam Ouk Cho at high speeds across the city, has prompted a city review of the department’s vehicle-pursuit policy. City manager Mike Wildgen said he thought officers acted appropriately and followed the department’s policy, but he’s reviewing whether the policy should be made more detailed or restrictive. Some Kansas cities, including Overland Park and Hutchinson, bar pursuits for traffic violations.

¢ Officer-turned-attorney asks for police pursuit changes (9-3-03)¢ Chase leads to policy review (9-7-03)¢ Police cleared in chase probe (8-30-03)¢ 6News video: Police cleared in chase investigation (8-30-03)¢ Witness says driver was ‘going to kill somebody’ (8-30-03)¢ Wildgen: Review shows police not at fault in fatal collision (8-29-03)¢ City to review fatal police chase (8-29-03)¢ 6News video: Cho charged with second-degree murder (8-29-03)¢ Police: Pursuit warranted (8-28-03)¢ 6News video: Police say pursuit followed policies (8-28-03)¢ Death is second of summer for victim’s family (8-28-03)¢ LPD pursuit policy¢Join the discussion on Reader Reaction¢PursuitWatch.org¢Victims of Police Pursuits¢Kristie’s Law

Multiple requests

The newspaper first requested access to the dispatch tapes Aug. 28. After Olin denied the first request, the newspaper submitted another request Sept. 2.

In denying the request for dispatch records, Olin cited a statute that says a public agency doesn’t have to provide copies of recordings unless they were shown to or played at a public meeting. He also said the tapes were part of the criminal investigation against Cho, who’s charged with second-degree murder.

“Access to the tapes is no different than access to digital photos of a murder scene,” Olin wrote. “They are evidentiary in nature and will not be disclosed until used in court proceedings.”

Merriam said the department’s responses lacked legal merit.

“They haven’t articulated any reason not to be forthcoming on this topic,” he said.

If the police department does not honor the demand letter, the Journal-World will file a lawsuit in an effort to force the department to comply with the open records law.

“We are prepared to push it as far as we have to in order for the law to be respected and the public fully informed about this tragic occurrence,” said Richard Brack, the newspaper’s managing editor.