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