Behind the story: Obtaining the report

Initial incident report includes little information; excludes the judge's name

BY ALAN RIQUELMY, COLUMBUS LEDGER ENQUIRER

Staff Writer

A First Amendment attorney said it appears the refusal by the Columbus Police Department to release information in a report regarding Municipal Court Judge Haywood Turner is a violation of the Georgia Open Records Act.

The information contained in a "supplemental report," which includes an officer's narrative about what people alleged occurred near the intersection of Second Avenue and J.R. Allen Parkway -- where Turner was accused of pointing a gun at another driver in August -- is separate from the two initial "miscellaneous incident" reports filed by the officer. The initial reports have little information and don't include the judge's name.

First Amendment attorney Walter H. Bush Jr. said regardless of when the information was gathered for the report, it should all be included in the initial report, which is a public record.

"They can't claim that's part of the investigation," Bush said. "It's clearly a violation of the Georgia Open Records Act. When they refused to give you the 'supplemental' incident report, it was a violation."

Hollie Manheimer, executive director of the Georgia First Amendment Foundation, said all supplemental incident reports are subject to release under the Open Records Act, regardless of the investigation's status.

Ledger-Enquirer Executive Editor Ben Holden said the choice of which information to be entered into a particular report is a policy issue.

"It seems that the Columbus Police Department is violating the act as a matter of policy," he said.

Police Chief Ricky Boren disagreed. He said his office bends over backward to provide open records to the media and public.

"We do not violate this policy as a matter of routine," he said. "In fact, we do not violate this policy at all."

The supplemental report was requested in writing on Thursday. Copies of the request were given to Sgt. R. Graham with the Office of Professional Standards, and to the offices of the city manager and city attorney. Graham said he didn't know if the case was closed. He added he had three business days to hand the document over, if required by law.

Assistant City Attorney Jaimie DeLoach said she later told police that as long as Turner has the possibility of appeal -- and he can withdraw his plea up to the end of April -- the report stays closed. It need not be handed over unless the prosecutor, in this case Troup County Solicitor General Nina Markette Baker, decides to release it.

Baker gave the newspaper the complete report Friday.

"He (Bush) can say anything he wants to, but the statute says 'initial,' " DeLoach said, referring to the documents covered by the Open Records Act. "If you ask me for more than the initial incident report, I'll say you have to go to the prosecutor."

Reprinted with permission of the Columbus Ledger-Enquirer.