| http://www.nwfdailynews.com/archive/opinion/010823edit1.html
EDITORIAL - Klausutis records should be released The medical examiner's office and the Fort Walton Beach Police Department are adding another layer of mystery to the death of congressional aide Lori Klausutis by refusing to release records of their investigations. Their failure to produce the information at this newspaper's request may even be illegal. Mrs. Klausutis, 28, was found dead July 20 in the Fort Walton Beach office of U.S. Rep. Joe Scarborough. Associate Medical Examiner Michael Berkland announced Aug. 6 that Mrs. Klausutis had a heart condition - previously unsuspected - that caused her to collapse. He said she fell, hit her head on a desk, suffered a blood clot and died. Dr. Berkland said there was an obvious injury to Mrs. Klausutis' head. Previous official statements had said there was no sign of trauma. On Aug. 9 the Daily News verbally requested the Police Department's investigative report on the Klausutis case. On Aug. 10 the newspaper made a formal request, in writing, for Dr. Berkland's autopsy report. That was two weeks ago. Police Capt. Ron Bishop says the investigation is open - meaning the records can't be released - until Dr. Berkland's autopsy report is filed with the Police Department. Dr. Berkland says he's been too busy and hasn't gotten around to finishing his report. Until today, the Daily News has not publicized its request for the records. The Klausutis case has prompted many rumors and much speculation. This newspaper decided to pursue the records quietly, hoping that their release would answer our questions about the investigation and the way it was conducted. Instead, failure to release the records only raises more questions. If the police investigation is still open, are other leads being followed? Is there something in the records that the medical examiner and the police don't want the public to see? The withholding of this information does more than inconvenience this newspaper. It appears to violate Florida's public records law. Autopsy reports - except for photos - are public records. The Florida Supreme Court has said the only permitted delay in producing such records for public inspection "is the limited reasonable time allowed the custodian to retrieve the record and delete those portions ... the custodian asserts are exempt." Capt. Bishop's argument that the case is still open is, under Florida law, dubious. "Criminal investigative information" is considered "active" only if "it is related to an ongoing investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future." If the police expect an arrest in the Klausutis case, we'd sure like to know. Otherwise, we'll have to quote Florida's Government-in-the-Sunshine Manual: "An agency's unreasonable and excessive delays in producing public records can constitute an unlawful refusal to provide access to public records." "Unlawful" is not a word the manual uses lightly. It isn't a word we use lightly either. The medical examiner's office and the Police Department should release their records. |
