Thursday, May 16, 2013

Kansas may be the only state to close criminal records, even to the accused or victims

Kansas residents who want to see records of criminal cases, even those pertaining to themselves, must fight the system in a state where legislators have decided to keep such records closed, and made it a misdemeanor for police or prosecutors to release records without a judge’s order, reports Karen Dillon for the Kansas City Star. (Beverly Stewart looks at photos of her daughter Susan Stuckey, who was shot to death by police in her home. Star photo by Tammy Ljungblad)

Ken Bunting, executive director of the National Freedom of Information Coalition, told Dillon, “I know of no other states where these records can be closed forever." Law enforcement officials say the records are closed "to protect the rights of the accused and to keep publicity from tainting a jury," reports Dillon. "In addition, the records may contain the name of a confidential informant or investigation techniques such as wiretapping that police want to keep secret."

But that doesn't explain why one couple needed to file a lawsuit to find out why their home was raided by police, only being told after public protest that it was because they visited a hydroponics store and field tests on leaves from their trash tested positive for drugs, though the test turned out to be incorrect and was actually false, reports Dillon. Or the grieving mother who wanted to know why her unarmed, mentally ill daughter was shot dead in her home by riot squads after she called 911. The city has spent $30,000 defending the case, and the district attorney called the shooting justified.

The Star interviewed three state legislators who didn't even know how restrictive the law is regarding criminal records, reports Dillon. Rep. John Rubin said records should be open “unless law enforcement can provide a justifiable reason to keep records closed or sealed to protect an ongoing investigation for prosecution. I’m surprised that is not the principle we are operating from in the state of Kansas.” (Read more)

Read more here: http://www.kansascity.com/2013/05/10/4229965/many-criminal-records-closed-in.html#storylink=cp

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