County refuses records request

Journal-World seeking dispatch recordings from fatal police chase

The county has joined the city in refusing access to emergency radio communications from a police pursuit that ended with the death of a 56-year-old motorist in southwest Lawrence.

Craig Weinaug, county administrator, on Friday denied the Journal-World’s request for access to dispatch records from the Aug. 26 high-speed chase that ended when the fleeing suspect’s car struck another driven by Judith Vellucci, who was killed.

Weinaug said the dispatch communications remained a “criminal investigation record, and therefore not subject to disclosure” under the Kansas Open Records Act.

Lawrence Police already have denied the newspaper’s request to review the communications and other records connected with the case, citing the same exclusion. The newspaper filed suit Thursday in Douglas County District Court against the city and department, seeking access to the information.

On Monday, the newspaper will expand the lawsuit to include Douglas County as a defendant, said Richard Brack, managing editor.

The county oversees and operates the Emergency Communications Center, where such communications are received and recorded.

The county has the original recording of the communications from the day of the chase, but Weinaug said he refused to open them to public review until a judge can determine how such communications are addressed by the Open Records Act.

In its lawsuit, the newspaper cites the potential danger to innocent bystanders such as Vellucci — who was running an errand to buy medication for her dog — as a reason that police must make records of the pursuit available to the public. The suspect’s car hit Vellucci’s at 31st Street and Nieder Road.

The newspaper argues the information must be released because it is a matter of “core public interest,” one that can affect public confidence in law-enforcement techniques. Advocates nationwide are pushing for more restrictive police policies on pursuits, and some departments have responded.

Weinaug said releasing the information might hinder the second-degree murder case against 19-year-old Nam Ouk Cho, of Lee’s Summit, Mo., who was driving the car that struck Vellucci’s. A preliminary hearing in the case is scheduled for Tuesday.

“Premature release of the recording could cause the contents of that tape to be inadmissible as evidence in any future trial, possibly making the critical responsibilities of the courts and the Lawrence Police Department more difficult to achieve,” Weinaug wrote in a letter delivered Friday to the newspaper.

“If the county releases the records, and the release undermines the responsibilities of the law enforcement agencies to enforce the law, and the courts to obtain a fair trial, there would be no remedy for the damage done.

“If the county declines the release of the records, pending court action, and the court subsequently finds that the county has erred and the records should be released, the error can easily be remedied through an immediate release of the record requested.”

Mike Merriam, the newspaper’s attorney, said Weinaug’s assertion that the criminal case might be compromised by the dispatch communications was puzzling.

“They want to have their cake and eat it too,” said Merriam, who also serves as an attorney for the Kansas Press Assn. “They want the court to make the decision, so they don’t have to take responsibility. But that’s only if you buy the argument that it could harm the prosecution in any way, and that’s very far-fetched — under the facts of this case, at least.

“How could it hurt their case? It’s not a question of whether they’ve got the right guy, so it’s not going to affect the criminal prosecution. The man’s name has been published repeatedly. It’s hard to understand how it could affect his fair trial rights. I just don’t buy that premise.”

In his letter, Weinaug also said the dispatch records officially were property of the Lawrence Police Department, though the county retains the “capability” to make a copy for public inspection.