Public information indictments thrown out

from Freedom of Information Foundation of Texas:

A state district judge threw out the indictment against Texas State Jail Standards Commission Executive Director Adan Munoz, saying wording in the criminal charge for allegedly releasing confidential information was “too vague.” It is unclear what action, if any, local prosecutors might take in moving forward for a possible new indictment or public apology. Munoz had been accused of improperly releasing information to two Corpus Christi reporters in response to a Texas Public Information Act request.

Read more here.

Conn. Corrections wants to bar inmates from getting personnel files

The Conn. Department of Correction is concerned that inmates can file information requests and obtain home addresses and other data about department employees, the Record-Journal reported. A House bill "would prohibit the department's commissioner from disclosing personnel, medical or similar files, including security investigation records and complaints against current or former correction's employees, to inmates unless there is a court order to do so." Even if the bill were passed, inmates could find personal information about employees on the Web or have family members request the information. Since 2006, only five requests filed by Conn. inmates have been for personnel files.

Sometimes it only takes a letter.

Using the Freedom of Information Act to request employee files, prison inmates can learn the home addresses and disciplinary records of state Department of Correction workers. State law allows them access to the information unless the department can prove that the request would threaten employee safety.

It is a process that concerns the department, which worries that access to such information could lead to its employees being harmed or blackmailed, said Bryan Garnett, the DOC's external affairs director.

More here.

Attorneys for convicted gang leader file records request

Attorneys for Kevin Foster, who received a death sentence for a 1996 killing, have asked the Lee Circuit Judge to review currently exempt records that may be used in an appeal, The News-Press reported.

Attorneys for Kevin Foster, ringleader of the 1990s gang the Lords of Chaos, appeared in court this morning asking for public records for his appeal.

Foster was convicted of one count of first-degree murder in 1998 in the April 1996 killing of Riverdale High School band teacher Mark Schwebes. The jury recommended 9 to 3 that Foster be put to death and that’s where he sits 11 years later — at the Union Correctional Institute on Florida’s Death Row. Foster’s death sentence was affirmed by the Florida Supreme Court in 2000.

He and his mother Ruby Foster were also convicted of conspiring to kill Judge Isaac Anderson and witnesses in the case.

More here.

New law prohibits inmates from harassing agencies with requests

Washington Gov. Chris Gregoire signed a bill that seeks to stop inmates from overburdening the Department of Corrections with records requests, the AP reported. The law goes into effect immediately. The bill allows agencies or public employees to refer requests to a superior court judge, who will decide if the requests are legitimate, harassing or intimidating or if they could lead to a security breach.

Jail and prison inmates would be blocked from using public records laws to intimidate or harass state agencies and employees under a measure Gov. Chris Gregoire signed into law Friday.

Gregoire quickly signed the bill the same day the Senate unanimously passed it after concurring with some changes made in the House. The House passed the bill on a 94-2 vote Wednesday.

The measure has an emergency clause and goes into effect immediately.

More here.

Also, Legislature approves bill that could limit inmate access to public records, Seattle Times, here.

La. prison system refuses to release inmate photo

The Shreveport (La.) Times requested a photo of a 73-year-old inmate at Louisiana State Penitentiary at Angola. The inmate, who once was a towering, 220-pound man, has apparently deteriorated, been ill and requested a clemency recommendation that would make him eligible for parole and early release. The Department of Corrections said it only releases inmate photos in cases where one escapes custody. They also are not allowing a photographer to visit the prison to photograph the inmate, though they have allowed photography of inmates in the past.

The request seemed simple enough: a current photograph of a Louisiana Department of Corrections inmate.

But what would ensue would be a series of e-mails, jockeying with DOC, a Freedom of Information Act request, and ultimately, no photo.

I had been working on stories about a 73-year-old inmate named Douglas Dennis, incarcerated at Louisiana State Penitentiary at Angola. In January, Dennis had sought a clemency recommendation from the state Pardon Board, which, if signed by the governor, would mean Dennis would be eligible for parole and early release from his two life sentences.

More here.

Wyo. bill calls for release of inmate info from county jails

As interpreted by attorneys, the current Wyoming law only allows the release of inmate information from the Department of Corrections, which operates state prisons. County sheriffs will be allowed to release booking photos and other inmate information in their position if the bill passes.

A proposed state law would allow sheriffs to release booking photographs and other basic information about inmates housed in county jails.

House Bill 72 has been endorsed by the House Judiciary Committee and is awaiting consideration by the full House of Representatives.

As interpreted by most county attorneys, Wyoming law allows only the Department of Corrections, which operates state prisons, to publicly release information on inmates.

More here.