As a follow-up to the last post, I just have to say: any law that allows for the restriction of a public record as a result of an ongoing investigation without just cause seems foolhardy at best. Twice now, I’ve encountered this: one was in the death by suicide of Rylie Wagner, where we saw a medical examiner’s office withhold an autopsy report for months because they presumed there was an ongoing investigation (it was a legal misunderstanding, in the end); the second was when two police departments refused to confirm information regarding the arrest of four separate suspects in a double homicide. Why? They didn’t say, and continually provided non-answers. Arguably they could easily block my access on the grounds of there being an active investigation, but why? If I, as a police administrator, found ways to continually lengthen an investigation that is personally inconvenient for me or someone I know, how would the press know?

Plus, an exemption under open records laws regarding disclosure of public records because of issues like public safety or an active investigation does not seem to me to be a blanket reason to prevent the release of said record. It simply provides the option to do so; a criminal justice system acting in good faith with the public would not apply these exemptions across the board wherever they might apply.

These were not the concerns the officers were considering. They were concerned with doing their jobs. But so was I, and they sure made it harder.