Reports used in Meier case will not be released
December 22, 2007
On Dec. 20 2007, Ted House, Presiding St. Charles County Circuit Judge, ruled against the Post Dispatch’s request for FBI reports of the Megan Meier case. House determined the release of the information would be an invasion of privacy.
The documents were used by St. Charles County Prosecuting Attorney, Jack Banas, to determine no charges would be filed in connection with the Megan Meier suicide. Shortly after the ruling, Banas turned the documents over to U.S. Attorney Nicholas Llewellyn.
The Federal Freedom of Information Act allows for certain records to remain sealed if they would represent such an invasion. It is unclear what unrevealed information remains in the requested files.
When Banas made his decision not to press charges, he said the story of the events was more complicated than what was widely reported. He also has since said the reports of the interviews sought by the Post would not reveal any significant information more than was already known.
The Post requested the investigation documentation more than two weeks ago.
After consulting with the FBI, Banas declined to release the information. The Post had sought the records under Missouri’s Sunshine Law.
U.S. Attorney Catherine Hanaway demanded the records be returned prior to the ruling by House. While House’s decision did not declare who owned the documents, he did say Missouri law allowed for some exemptions to the Sunshine Laws. House ruled privacy issues were one of the exceptions.
The Sunshine Law never specifically mentions privacy as an issue.
Section 610.100, in part, states:
Each law enforcement agency of this state, of any county, and of any municipality, shall maintain records of all incidents reported to the agency, investigations and arrests made by such law enforcement agency. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of subsections 4, 5 and 6 of this section or section 320.083, RSMo, investigative reports of all law enforcement agencies are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty days of the person's arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed and except as provided in section 610.120.
Except as provided in subsections 4, 5, 6 and 7 of this section, if any portion of a record or document of a law enforcement officer or agency, other than an arrest report, which would otherwise be open, contains information that is reasonably likely to pose a clear and present danger to the safety of any victim, witness, undercover officer, or other person; or jeopardize a criminal investigation, including records which would disclose the identity of a source wishing to remain confidential or a suspect not in custody; or which would disclose techniques, procedures or guidelines for law enforcement investigations or prosecutions, that portion of the record shall be closed and shall be redacted from any record made available pursuant to this chapter.
The Post is looking into its options to proceed with the information request.
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