Police release pursuit tape

Newspaper says all conditions of lawsuit still not met

The day after it was played in a Douglas County courtroom, a taped copy of radio dispatch communications from a deadly Aug. 26 pursuit was released Wednesday by Lawrence Police.

Officials made the tape available to the public three weeks after the Journal-World first requested it and less than a week after the newspaper filed a lawsuit seeking its release.

Hear the audio¢audio Police radio dispatch

Officials said the release was not in response to the suit filed Friday in Douglas County District Court, but because prosecutors played a copy of the communications during a hearing Tuesday for Nam Ouk Cho, the 19-year-old Lee’s Summit, Mo., man charged with killing motorist Judith Vellucci in a crash at 31st Street and Nieder Road.

The recording may be heard in its entirety on the Journal-World’s Web site, www.ljworld.com.

The city’s release of the tape does not, however, satisfy the issues raised in the newspaper’s lawsuit.

Police, city and county officials have argued the dispatch tapes in this case could be kept private because they were part of a “criminal investigation record” and did not have to be disclosed until they were played in court.

The Journal-World contends the Kansas Open Records Act says such dispatch recordings must be available to the public regardless of whether they’re introduced in court. It is asking a judge to declare that police, city and county officials violated the law by denying public access to the recordings, and to order them to comply with the law in the future.

The newspaper’s lawsuit also asks a judge to order police to release a full traffic report from the incident, and to find that an “officer’s special report” describing the pursuit is a public record, not a private memorandum between the officer and Chief Ron Olin.

The department previously released a copy of the officer’s special report to the newspaper.

¢text 6News video: Lawrence police release audio tapes of deadly chase¢text 6News video: Man ordered to stand trial in Lawrence woman’s death¢text Court airing of tape won’t end open-records effort¢text Aug. 28 letter from the Journal-World to the Lawrence Police Department¢text Sept. 2 letter from the Police Chief Ron Olin to the newspaper¢text Sept. 3 letter from the Journal-World to the Lawrence Police Department¢text Sept. 8 letter from Mike Merriam to the police¢text Sept. 9 letter from the Journal-World to county officials¢text Sept. 11 Letter from the city to Merriam¢text Excerpts from the police policy manual on vehicle pursuitsArchived stories:¢text County refuses records request (9-13-03)¢text Journal-World files lawsuit against city, police for pursuit records (9-12-03)¢video 6News video: Lawsuit filed against Lawrence Police Department¢text Commissioners split on releasing records (9-10-03)¢text Police refuse to hand over chase records (9-9-03)¢text Officer-turned- attorney asks for police pursuit changes (9-3-03)¢text Chase leads to policy review (9-7-03)¢text Police cleared in chase probe (8-30-03)¢video 6News video: Police cleared in chase investigation (8-30-03)¢text Witness says driver was ‘going to kill somebody’ (8-30-03)¢text Wildgen: Review shows police not at fault in fatal collision (8-29-03)¢text City to review fatal police chase (8-29-03)¢video 6News video: Cho charged with second-degree murder (8-29-03)¢text Police: Pursuit warranted (8-28-03)¢video 6News video: Police say pursuit followed policies (8-28-03)¢text Death is second of summer for victim’s family (8-28-03)¢text LPD pursuit policy¢Join the discussion on Reader Reaction¢PursuitWatch.org¢Victims of Police Pursuits¢Kristie’s Law