On March 21, it was reported that representatives of the chief state”™s attorney, the office of Gov. Dannel P. Malloy and the state legislature were secretly negotiating a bill to restrict the public”™s access to records surrounding the police investigation into the Dec. 14 shooting at Sandy Hook Elementary School.
The group, according to the Hartford Courant, was working to assemble a bill outside of the usual legislative process, which typically includes a public hearing and a committee vote prior to a bill making its way to the full state Senate or House of Representatives.
Chief State”™s Attorney Kevin Kane told the Courant that his office was seeking legislation that would restrict access to crime scene photographs and certain 911 tapes, among other records and evidence.
Alarmingly, Kane indicated that the bill would not be limited to evidence and records relating to the Newtown shooting.
“It is something that I have been concerned about for years and years and the situation in Newtown brings it to a head,” Kane told the Courant. “I don”™t want family members seeing pictures of their loved ones publicized in a manner in which these are subject to be published. ”¦It seems to me that the intrusion of the privacy of the individuals outweighs any public interest in seeing these.”
In response, the presidents of the Connecticut Daily Newspaper Association, the Connecticut Broadcasters Association and the Connecticut Council on Freedom of Information sent a letter to Malloy May 23, cautioning against changes to the state”™s public disclosure, or Freedom of Information, policies.
“In the wake of this tragedy, we are all seeking information that will help us understand how and why it occurred, so that we can take steps to ensure that such a tragedy never occurs again. We understand the process of gathering information may have the unfortunate and unintended effect of reminding families and friends of the Sandy Hook victims of their terrible loss. All agree that every reasonable step should be taken to minimize such painful reminders, while not depriving our local, state and federal governments ”“ and the people in general ”“ of information needed to assess the tragedy and develop appropriate legislative responses. ”¦
“While many tragic events have made us question whether the disclosure of information is always in the best interest of a society, history has demonstrated repeatedly that governments must favor disclosure. Only an informed society can make informed judgments on issues of great moment.”
But as recently as May 28, Malloy told reporters his administration would press on with efforts to bring the bill to a vote.
“I believe that this was an extraordinary event and given the extraordinary circumstances, they”™re deserving of some additional protections for their and their children”™s and their deceased spouses”™ interests,” Malloy told reporters in Hartford, according to published reports.
We grieve for the parents, siblings, friends and neighbors of those 26 students and staff who were killed at Sandy Hook that day. We pray that they will find solace and we have faith that they will continue to bind together as a community.
But this bill is fundamentally flawed, both in the way that it has been brought about and in the way it proposes to restrict public access, now and in future cases, to information that has traditionally always been available under federal and state freedom of information laws.
The fact that we are even discussing a bill of this nature is a disservice to the public, which relies in part on the media to hold government agencies and officials accountable. It is time for Malloy to reverse course, take his lumps and renew his earlier vows to maintain full transparency.
