Posts Tagged ‘FOI Fail’


FOI Fail of the Week: Judge’s secrecy leads to order for new mental competency trial in Idaho child murder case

Joseph Duncan, a convicted child killer, was ordered back into court by the 9th Circuit U.S. Court of Appeals because of secrecy problems in his previous trial.

The federal judge who presided over the previous court proceedings had two mental evaluations of Duncan but never held a competency hearing before he permitted the man to waive his chance to appeal the death sentence he received, according to a July 11 Spokesman-Review article.

The high court has determined that there must be a “retrospective” competency hearing, which will evaluate whether Duncan was in fact competent when he waived his appeal in November 2008.

Duncan was convicted of the 2005 kidnapping, torture and murder of a boy from North Idaho, and if he is considered competent after this hearing his death sentence will continue.

If he is found not to have been competent, there will be another hearing to find out whether he was competent when he decided to represent himself in court. If the court decides he wasn’t, it would lead to another penalty phase hearing in which he would be better represented.

Previous courts have decided that Duncan was competent during their proceedings.

Secrecy was a staple of Duncan’s previous trial in Idaho, where U.S. District Judge Edward Lodge kept his mental evaluations secret by failing to hold a hearing in court and sealed various records from public view.

Some of the secrecy was due to the fact that the case involved the murdered 9-year-old boy’s younger sister, who survived the attack. In addition to killing the boy, Duncan also killed three other members of the household in order to kidnap and molest the brother and sister.

His triple death sentences are for his torture and murder of the boy.

Although some secrecy in such a case can be considered appropriate, the appeals  court deemed the judge’s decision not to hold a mental competency hearing unacceptable.

– Morgan Watkins

Morgan Watkins is SPJ’s summer Pulliam/Kilgore Freedom of Information intern and a University of Florida student. Reach her by email (mwatkins@spj.org) or connect with her on Twitter (@morganwatkins26).

FOI Fail of the Week: Two reporters arrested at D.C. public meeting

Even at a public meeting, journalists aren’t always free to report a story as they see fit.

U.S. Park Police officers arrested two reporters at a June 22 Taxi Commission meeting in Washington, D.C. A commission staff member told the officers to make the arrests, according to the Sunlight Foundation.

Peter Tucker of thefightback.org was arrested for taking photographs of the meeting, while Jim Epstein of Reason TV was later arrested for filming the initial arrest.

Check out Epstein’s personal account of the incident.

They were arrested for “disorderly conduct and unlawful entry.” But “unlawful entry” of a public meeting?

D.C.’s open meetings law doesn’t include specific provisions addressing the photographing or filming of public meetings, according to a Washington Post blog.

Unless taking photos or video of a public meeting specifically violates an area’s public meetings law, reporters shouldn’t be punished – and certainly shouldn’t be arrested – for doing so.

– Morgan Watkins

Morgan Watkins is SPJ’s summer Pulliam/Kilgore Freedom of Information intern and a University of Florida student. Reach her by email (mwatkins@spj.org) or connect with her on Twitter (@morganwatkins26).

FOI Fail of the Week: Obama admin. pushes forward with another leaker case

Despite the watering down of the whistleblower case against former National Security Agency employee Thomas Drake from felony charges to a single misdemeanor, the Obama administration is pressing forward with its next court case against a leaker.

The next target for the Justice Department is Stephen Kim, a South Korean arms expert accused of violating the Espionage Act by providing classified information to Fox News.

A New York Times article outlines the case.

Prior to being charged by DOJ, Kim spent years discussing the potential threats posed by North Korea with various government officials.

The DOJ does not seem to be considering changes to its campaign against leakers despite the collapse of its high-profile case against Drake.

Kim is one of five leaker cases the government has pursued thus far, compared to three in all previous presidential administrations combined. There is also an ongoing grand jury investigation into WikiLeaks, the group responsible for publishing U.S. diplomatic cables and other secret documents online.

Kim began speaking about North Korea-related issues with Fox News reporter James Rosen in March 2009 after a press officer with the State Department asked him to do so.

Kim sent some emails using the pseudonym “Leo Grace.”

In June 2009 Rosen reported that the CIA had learned that, in response to a United Nations resolution expressing disapproval for North Korea’s nuclear and missile tests, the government centered in the national capital of Pyongyang would probably react by increasing the number of tests and related activities.

– Morgan Watkins

Morgan Watkins is SPJ’s summer Pulliam/Kilgore Freedom of Information intern and a University of Florida student. Reach her by email (mwatkins@spj.org) or connect with her on Twitter (@morganwatkins26).

FOI Fail of the Week: Ala. judge seals court records in professor’s murder trial

This week’s FOI Fail award goes to Madison County Circuit Judge Alan Mann, who sealed court records in the capital murder case of Amy Bishop. She is charged with killing three employees during her time as a biology professor at the University of Alabama in Huntsville.

Bishop is accused of killing three biology department colleagues during a Feb. 2010 meeting and shooting three other employees. The court seal will keep information about the case from public view.

Mann already issued a gag order in March on both parties involved in the case. He did, however, reject a request from Bishop’s lawyers to keep pretrial court proceedings closed to the public.

The Huntsville Times and WHNT News 19 are both considering potential legal actions that could re-open public access to the sealed court records.

– Morgan Watkins

Morgan Watkins is SPJ’s summer Pulliam/Kilgore Freedom of Information intern and a University of Florida student. Reach her by email (mwatkins@spj.org) or connect with her on Twitter (@morganwatkins26).

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