Trial date set in records case

Journal-World suing city, county to set rules on disclosures

A judge Wednesday set a trial for Sept. 24 in the Journal-World’s lawsuit against the city and county for public records from a deadly high-speed chase.

The newspaper filed suit against the city and county in Douglas County District Court after officials refused to release a law enforcement communications dispatch tape and an officer’s special report from the Aug. 21 chase of reckless driver Nam Ouk Cho.

The chase ended when Cho’s vehicle, pursued by police, struck a car driven by Lawrence resident Judith Vellucci near 31st Street and Nieder Road. Vellucci was killed in the crash.

Officials released the dispatch tape, but only after it was played in court. They released the officer’s report, but only after the newspaper’s lawsuit was filed. Even then, officials maintained they weren’t required to release it.

The suit asks Judge Paula Martin to order the departments to release similar records in the future and to declare them open records under Kansas law.

“We have the records we requested; however there’s nothing to prevent the city of Lawrence Police Department or the dispatch office from denying the next request or the next one,” said Michael Merriam, the Topeka attorney representing the newspaper.

The deadline for the city and county to file motions to dismiss the case is April 5. They have argued the records were part of a criminal investigation and therefore not open.