The redaction aspect of the Freedom case was significant. The Court stressed that the Colorado Criminal Justice Records Act “favors making the record available for inspection” and noted that “the General Assembly has underscored its preference for disclosure of criminal justice records subject to the sound discretion of the custodian…” The Court also said the custodian “should redact sparingly to promote the CCJRA’s preference for public disclosure.”We've asked the Police Department for Walker's current status but haven't heard back. Check back for an update.
In the El Paso case, the Court directed the sheriff to exercise his discretion in determining what portion of the IA files should be disclosed and the sheriff did release a redacted version of the requested file.
More recently, in Romero v. City of Fountain (2011), the Court of Appeals found that the public interest is served by disclosure of IA files: “The district court found that where an officer was found “rightly or wrongly, to have committed, at the very least, a rule violation which is potentially a serious misuse of the office,” the investigation reflects a potentially serious abuse of police officer power and responsibilities. It concluded that this is the kind of information the public would have the right to know, given that the investigation was concluded and resulted in Romero’s resignation from the police force. We agree that a lengthy delay of the disclosure of such information while this case makes its way through the appellate process may disserve the public interest.”
Also on this topic: A Denver District Court judge came down hard on the Denver department of public safety recently for its blanket policy of denying request for IA files until all matters are completely resolved: http://coloradofoic.org/judge-blasts-denver-safetys-blanket-policy-of-denying-requests-for-internal-affairs-records/
During a question period with Colorado Springs Police Department Chief Pete Carey, we asked how many officers had been disciplined for excessive force in the previous four years. He couldn't give us a specific answer, which we thought was odd. Take a closer look at some specific cases involving local police and their use of force against citizens. http://ow.ly/PCgoyPosted by Colorado Springs Independent on Wednesday, July 15, 2015