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The Nevada County District Attorney said Monday he would no longer make police reports available to the public through court files.
The action comes after details of a drug arrest from a police report were published in The Union last week. Former Nevada County Animal Control Officer Arlene Winstead asked a narcotics officer to conceal evidence during her arrest, according to a sheriff’s incident report.
On the day of publication, Nevada County Undersheriff John Trauner told The Union he didn’t like seeing the report in the newspaper and said he would talk to District Attorney Cliff Newell about omitting the reports from public-access court files.
“The District Attorney's policy will be to continue giving information/statements as appropriate on a case-by-case basis but, we will not be giving out copies of reports,” District Attorney Cliff Newell wrote in an e-mail to The Union.
“More often than not, it can be a dis-service by putting out mis-information in the form of uncorroborated statements, incomplete analysis and tainting of a jury pool. (Police reports) also may contain confidential information that is criminal for me to allow disclosure.”
However, the information contained in police reports can also be found in other public documents, such as transcripts of testimony at preliminary hearings.
Blanket exemptions have been occurring more often in smaller communities, while larger cities have policies in place that prevent abuse of power and impingement on the public’s right to know, California Newspaper Publishers Association Legal Counsel Jim Ewert said Monday.
“San Francisco has a sunshine ordinance that requires this information to be disclosed,” Ewert said. “Most large cities see the value in public understanding.”
Smaller communities and newspapers may be at a disadvantage, because of their more limited resources in challenging the decisions.
“If it ultimately got to the point that you were thwarted in your ability to access information,” Ewert said, “You could sue and get the court to make a determination.”
Public agencies are required to give certain information about arrests — including the defendant’s identity and details of an arrest and charges — although they have the option of withholding the written report from the public if they choose, Ewert said Monday.
“Disclosure is necessary for the public to see how well the criminal justice system is functioning,” Ewert said. “They must (omit information) on a case-by case basis. They can’t do it without taking into account specific factors that they may use in denying requests for information.”
He cited Article 1, Section 3 of the California Constitution, which states any interpretation of statutes should be broadly construed in favor of public access.
Until last week’s publication of details from the Winstead case, police and sheriff’s reports have traditionally been available in criminal case files at the Nevada County Courthouse, where any member of the public can ask to see them.
However, Newell said it has always been the policy of the DA’s office to give police reports only to law enforcement, victims and witnesses.
In addition to the files containing the police reports, the names of crime victims — including sexual assault victims — have repeatedly appeared in public court files without being blacked out by court staff.
Newell could not explain the nature of the change regarding police reports.
“I can’t speak to what previous administrations have done,” Newell said. “I have to interpret the law as I see it.”
Trauner was not available to answer questions about the policy. He is vacationing in the Caribbean.
Nevada County Sheriff Keith Royal said law enforcement officials previously assumed prosecutors kept police reports from the public as a matter of course, and they were surprised to see the police report published last week.
“It was shocking,” Royal said. “Our policy is that we do not release that information. Our greatest concern is about cases still under investigation. Release of a police report could jeopardize an investigation. It could potentially place victims and witnesses in jeopardy.”
Publication of uncorroborated police reports can be unfair to the defendant, said Newell, who was sworn in as DA in January. “The public has a right to know in that it doesn’t affect another citizen’s constitutional rights,” he said Monday.
ooo
To contact Staff Writer Robyn Moormeister, e-mail robynm@theunion.com or call 477-4236.
The action comes after details of a drug arrest from a police report were published in The Union last week. Former Nevada County Animal Control Officer Arlene Winstead asked a narcotics officer to conceal evidence during her arrest, according to a sheriff’s incident report.
On the day of publication, Nevada County Undersheriff John Trauner told The Union he didn’t like seeing the report in the newspaper and said he would talk to District Attorney Cliff Newell about omitting the reports from public-access court files.
“The District Attorney's policy will be to continue giving information/statements as appropriate on a case-by-case basis but, we will not be giving out copies of reports,” District Attorney Cliff Newell wrote in an e-mail to The Union.
“More often than not, it can be a dis-service by putting out mis-information in the form of uncorroborated statements, incomplete analysis and tainting of a jury pool. (Police reports) also may contain confidential information that is criminal for me to allow disclosure.”
However, the information contained in police reports can also be found in other public documents, such as transcripts of testimony at preliminary hearings.
Blanket exemptions have been occurring more often in smaller communities, while larger cities have policies in place that prevent abuse of power and impingement on the public’s right to know, California Newspaper Publishers Association Legal Counsel Jim Ewert said Monday.
“San Francisco has a sunshine ordinance that requires this information to be disclosed,” Ewert said. “Most large cities see the value in public understanding.”
Smaller communities and newspapers may be at a disadvantage, because of their more limited resources in challenging the decisions.
“If it ultimately got to the point that you were thwarted in your ability to access information,” Ewert said, “You could sue and get the court to make a determination.”
Public agencies are required to give certain information about arrests — including the defendant’s identity and details of an arrest and charges — although they have the option of withholding the written report from the public if they choose, Ewert said Monday.
“Disclosure is necessary for the public to see how well the criminal justice system is functioning,” Ewert said. “They must (omit information) on a case-by case basis. They can’t do it without taking into account specific factors that they may use in denying requests for information.”
He cited Article 1, Section 3 of the California Constitution, which states any interpretation of statutes should be broadly construed in favor of public access.
Until last week’s publication of details from the Winstead case, police and sheriff’s reports have traditionally been available in criminal case files at the Nevada County Courthouse, where any member of the public can ask to see them.
However, Newell said it has always been the policy of the DA’s office to give police reports only to law enforcement, victims and witnesses.
In addition to the files containing the police reports, the names of crime victims — including sexual assault victims — have repeatedly appeared in public court files without being blacked out by court staff.
Newell could not explain the nature of the change regarding police reports.
“I can’t speak to what previous administrations have done,” Newell said. “I have to interpret the law as I see it.”
Trauner was not available to answer questions about the policy. He is vacationing in the Caribbean.
Nevada County Sheriff Keith Royal said law enforcement officials previously assumed prosecutors kept police reports from the public as a matter of course, and they were surprised to see the police report published last week.
“It was shocking,” Royal said. “Our policy is that we do not release that information. Our greatest concern is about cases still under investigation. Release of a police report could jeopardize an investigation. It could potentially place victims and witnesses in jeopardy.”
Publication of uncorroborated police reports can be unfair to the defendant, said Newell, who was sworn in as DA in January. “The public has a right to know in that it doesn’t affect another citizen’s constitutional rights,” he said Monday.
ooo
To contact Staff Writer Robyn Moormeister, e-mail robynm@theunion.com or call 477-4236.
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