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MSU student newspaper wins right to campus police records of 2006 assault


© 2009 Student Press Law Center

May 28, 2009

MICHIGAN — A judge ruled Michigan State University officials must turn over select police files to its student newspaper after a three-year legal battle that might not be over.

An Ingham County Circuit Court judge said this month MSU must release some reports concerning a 2006 incident to the State News, the university's student paper. The case began after campus police refused to hand over information in response to a Freedom of Information Act request about an in-dorm assault in February 2006.

The university has two weeks from the ruling — which was handed down May 20 — to release the information.

But Marty Sturgeon, general manager of the State News, said the documents set to be released — essentially just the responding officer's name, and the suspect's name and mug shot — are only a small portion of the actual request.

"We're disappointed with the decision, even though we are receiving some information," Sturgeon said. "We don't believe we've gotten everything we deserve to see."

Under the recent ruling, the paper will not get a copy of what the staff really wants, which is the initial incident report that includes a basic description of what happened in South Hubbard Hall the night of the reported incident.

That incident allegedly involved an MSU student who, along with two other men, assaulted a victim by pouring gasoline on the victim and threatening to light it while wielding a handgun.

MSU officials denied the initial FOIA request to "protect the integrity of the criminal process and the safety and privacy of individuals," according to a statement from university spokesman Terry Denbow in 2006.

The case has been traveling through Michigan's court system for nearly three years. Ingham County Circuit Court Judge Joyce Draganchuk initially ruled in favor of the university in 2006. But the State News convinced the Michigan Court of Appeals the following year that because information about the incident had become public during that time, MSU should reconsider the paper's FOIA.

Information that became public after a FOIA request was submitted should not affect whether the request is approved, according to a state Supreme Court ruling in July 2008. The high court then sent the case back to circuit court to decide how much information MSU officials must release.

Sturgeon said the State News might continue to fight for more documents beyond the few they are set to receive.

"Once we see what they're actually releasing, we will then determine whether or not we're OK with that or if we will continue to fight for more information," she said.

Whitney Gronski, editor-in-chief of the State News, said they are making progress toward getting the records they want. But she noted the university has not changed how they deal with access to these types of records.

For example, reporters who cover the courts and cops beats are not typically allowed to view records — instead, an officer reads selected information from the document aloud to them.

Gronski, who just took over the State News' top editor role on May 1, did not work for the paper when the initial incident and legal battle began. For her, the ordeal is more of an access issue.

"I just look at it as a case about getting the information to the people who need it," she said. "It's the principle of it; that's why we're fighting."

Both Gronski and Sturgeon said getting public records from MSU could continue to be a problem for the State News, even after this month's ruling.

"I don't expect them to do anything different until they're told they have to change," Gronski said.

The university did not return a call for comment.

By Brian Stewart, SPLC staff writer

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For More Information:
  • Newspaper considering appeal after judge rules police records should remain closed News Flash, 6/9/2006

  • Student newspaper files lawsuit to gain access to police report News Flash, 5/23/2006



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