07ORD095 (1).doc - 07-ORD-095 In re Danny Lee New/Kentucky...

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07-ORD-095 April 27, 2007 In re: Danny Lee New/Kentucky State Police Summary: Because requested copy of dash-cam video recording is part of an ongoing direct appeal of a criminal conviction, in which the requester is seeking to obtain post- conviction relief from the underlying conviction and, thus, is not final, the Kentucky State Police properly denied request, under authority of KRS 61.878(1)(h) and KRS 17.150(2). Open Records Decision The question presented in this appeal is whether the Kentucky State Police (KSP) violated the Open Records Act in denying Danny Lee New’s request for a “copy of the video tape, recorded from Detective George Atwood’s police cruiser on January 29, 2005, on or after 6 p.m. in Casey County, KY, in regards to the arrest of Danny New, and the search of his vehicle.” Because this investigative record is part of an ongoing direct appeal on a criminal conviction, in which Mr. New is seeking to obtain post-conviction relief from that underlying conviction and, thus, is not final, we affirm the KSP’s denial of Mr. New’s request. By letter dated December 7, 2007, Mary Ann Scott, Official Custodian of Records, KSP, denied Mr. New’s request, advising:
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07-ORD-095 Page 2 Your request for audio and video recordings from the “dash-cam” is denied in accordance with KRS 61.878(1)(l) and 189.100(2), which states that release of recordings taken from police cruisers shall only be used for official purposes through a court of law. OAG 89-65; 93-ORD-037; and 05-ORD-251 affirm that the Open Records Act was not intended to be used as a substitution for discovery procedures. “Requests under the Open Records provisions, to inspect records held by public agencies, are founded upon a statutory basis independent of the rules of discovery.” OAG 89-65, at p. 3. By letter of appeal, dated April 2, 2007, Mr. New initiated the instant appeal.
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