PR on FOIA

The city sent out the following pre-release regarding FOI requests in regard to police investigations, specifically the one relating to the murder committed with Chielf O'Guinn's gun:

Recently questions have been raised about the City of Carbondale withholding reports and documents related to ongoing police investigations, even after these are requested pursuant to the Freedom of Information Act. The Freedom of Information Act is meant to allow citizens access to information on the activities and policies of government entities. However, the Act provides a number of exceptions specifically for law enforcement activities. These exceptions are contained in Section 7 of the Act.  One of these exceptions is for information related to ongoing criminal investigations. This exception exists for a number of reasons:

1.      Premature release of information can place witnesses in danger.

2.      Premature release can tip criminals to the leads being followed and allow criminals to destroy evidence.

3.      Premature release can cause innocent suspects to seem guilty as a result of being questioned by law enforcement officials.

4.      Early publicity can prejudice juries and threaten the conviction of guilty suspects.

The theft of Police Chief O’Guinn’s gun has now been linked directly with a homicide investigation.  There are two criminal cases currently pending in Jackson County Circuit Court relating to the homicide and the stolen gun. The investigation into those two cases is on-going. Two individuals have been charged by the State's Attorney's Office in these matters. These two defendants each have the constitutional right to a fair trial in a courtroom untainted by pre-trial publicity. The Illinois Supreme Court limits that which a prosecutor may say regarding a pending criminal case. The Court has essentially extended those limitations to police departments. The City of Carbondale and its Police Department will adhere to those rules so that these two defendants may receive a fair trial in a court of law. This is the FOIA exception that the City has been claiming in denying the release of this information.  Denials issued on this basis are easily appealed to the Illinois Attorney General’s Office.  Over 270 pages of related documents have been reviewed and released by the City, primarily in response to media requests. 

The City of Carbondale and the Carbondale Police Department serve to protect the health and safety of all its citizens.  Crime victims and witnesses deserve to know that investigations will be completed in a manner that protects them as much as possible. Information on such investigations is released when it is appropriate to do so. The Carbondale Police Department routinely releases more public information than any other department in the region, as evidenced by the Department’s web site.

Questions should be directed to Allen D. Gill, City Manager at 457-3226.