Press group presses Kansas to unseal criminal affidavits

? The Kansas Press Association wants the public to be able to view the criminal affidavits that detail investigative work used to justify an arrest.

The group says Kansas is the only state in the country that doesn’t unseal affidavits at some point in a criminal case.

“It’s just us and Cuba,” joked Doug Anstaett, KPA executive director. “This isn’t Cuba. This isn’t North Korea. We believe the information needs to be scrutinized and out there for the public.”

Until the late 1970s, Kansas residents and journalists could view the documents. But that changed when an affidavit was mistakenly released revealing a suspect not yet arrested and a newspaper ran the name.

“I understand the need to balance public safety with the citizens’ right to examine documents,” said Kansas Attorney General Stephen Six.

Ed Klumpp, the legislative director for the Kansas Association of Chiefs of Police, said a concern in revisiting the statute is the opening of affidavits too soon and compromising investigations.

He said that as long as the affidavits are accurate, there is no problem with unsealing the documents “in the end.” But he noted that it may become clear during court proceedings that some of the information provided in the affidavit wasn’t accurate.

“How,” he asked, “does that reflect negatively on particular people?”

Anstaett said part of the problem with changing the law is that a whole generation of prosecutors, police officers and defense attorneys have grown up only knowing the current system.

But he hopes that will change. A legislative committee last session sent the issue to the Kansas Judicial Council for study. Hearings are scheduled to begin Aug. 21.

Sen. Tim Owens, R-Overland Park, who is a member of the committee studying the issue, said he expects the state’s trial lawyers to oppose the change. Still, he and fellow committee member Rep. Pat Colloton, R-Leawood, said open government is a good goal.

“I’m going into it with open ears,” Owens said.