Denied: State Police records on 40-year-old murder case
Denied: A request to the
Pennsylvania State Police for information or
records regarding a murder that took place about
40 years ago.
From
the Pennsylvania Freedom of Information
Coalition
Denied: A request to the Pennsylvania State Police for information or records regarding a murder that took place about 40 years ago.
The PSP had denied the request, citing the provision in the Right to Know Law that protects records related to a criminal investigation.
The Office of Open Records noted it has previously determined in a number of cases that the Right to Know Law is unambiguous in exempting criminal investigation records.
“Here, while the requested records do not involve the filing of criminal charges, the records by their nature would reveal the institution, progress or result of a criminal investigation," the OOR wrote, citing its decision in Mitchell vs. Pennsylvania State Police AP 2009-0402.
The OOR did note, as it has in previous rulings, that the law grants an agency discretion to release records that are exempt, if disclosure isn’t prohibited under another law or judicial order, if the record isn’t protected by a privilege, and if the head of the agency determines that public interest in disclosure outweighs any interest in restricting access. Rippel v. Department of Conservation and Natural Resources, AP 2009-0134.
“While PSP has demonstrated that the record is exempt from mandatory disclosure, it could opt to produce the records requested as no argument was made that release is legally prohibited, if it determines that public interest outweighs any interest favoring restriction,” the OOR wrote. “That decision is solely within the discretion of PSP and is not subject to the OOR’s legal review.”
Grocki vs. Pennsylvania State Police -- AP 2009-0661
Denied: A request to the Pennsylvania State Police for information or records regarding a murder that took place about 40 years ago.
The PSP had denied the request, citing the provision in the Right to Know Law that protects records related to a criminal investigation.
The Office of Open Records noted it has previously determined in a number of cases that the Right to Know Law is unambiguous in exempting criminal investigation records.
“Here, while the requested records do not involve the filing of criminal charges, the records by their nature would reveal the institution, progress or result of a criminal investigation," the OOR wrote, citing its decision in Mitchell vs. Pennsylvania State Police AP 2009-0402.
The OOR did note, as it has in previous rulings, that the law grants an agency discretion to release records that are exempt, if disclosure isn’t prohibited under another law or judicial order, if the record isn’t protected by a privilege, and if the head of the agency determines that public interest in disclosure outweighs any interest in restricting access. Rippel v. Department of Conservation and Natural Resources, AP 2009-0134.
“While PSP has demonstrated that the record is exempt from mandatory disclosure, it could opt to produce the records requested as no argument was made that release is legally prohibited, if it determines that public interest outweighs any interest favoring restriction,” the OOR wrote. “That decision is solely within the discretion of PSP and is not subject to the OOR’s legal review.”
Grocki vs. Pennsylvania State Police -- AP 2009-0661