1992_05 The Daily Collegian May 1992

              New,
>llegian«May5,1992
POLICE from page 1
I For instance, section 6255, of
the California Government Code
states: The agency shall justify
withholding any record by dem-
onstra ting that., .on the facts of the
particulaTcase the public interest
^served by not making the record
public clearly outweighs the
public interest served by disclo¬
sure of the record.''
Police have used this clause,
on certain occasions, to withhold
from the public the name of crime
victims regardless of whether the
crime meets the criteria for non¬
disclosure.
Officer Michael O'Reilly, Uni¬
versity police investigator) joined
the CSUF university police in 1969
soon after graduating from CSUF
as a criminology major.
"If the victim is a female and
she doesn't want her name re-    he is personally affected, have any
leased, I'm not going to give it \  greater right than any person to
out," O'Reilly said. Vexamine record and, conversely,
"You might not think ifs a big \ subject person has no right to
thing, but to her it is. If I give her
name, there'll be less victims
coming to make a report. They're
going to say, 1 don't want my
name given to the press and if it is,
I don't want to make a report.'"
% The University Police
Department's procedure of leav¬
ing the decision on disclosure of
the victim's name, in cases not
covered by specific exemptions,
up to the victim run contrary to a
provision in the Public Records
Act which mandates that disclo¬
sure of records are to be decided
by law and not by individuals
mentioned in the report.
The law states: "A person who
may be the subject of a particular
record sought does not, because
prevent disclosure of record to
any other person."
According to University Po¬
lice, the department's policy re¬
garding public access to arrest
records is motivated by the State
Department of Justice's history of
reprimanding law enforcement
agencies for disclosure of infor¬
mation potentially harmful to the
prosecution of a criminal case.
"Are we strict? Yeah. We're
nervous about giving out infor¬
mation," O'Reilly said, taking off
his glasses to rub his eyes.
"Why should [ the defense) find
out what the prosecution has be¬
forehand? I don't want to lose a
case in a court of law if there's
investigative information that's
leaked out," he said.
Tm not going to leave myself
open for a liability. I really watch
myself because I'm not leaving
my neck in the open," O'Reilly
said.
University Police do release in¬
formation in crime reports but
frequently only thebare mini mum
of information required to be dis¬
closed by law. For instance, the
law requires disclosure of the full
name, current address and occu¬
pation of everyone arrested by
the agency, a physical description
and the factual circumstances sur¬
rounding the arrest.
4 Yet the Act states that the ex¬
emptions are permissive, not
mandatory; it permits nondisclo¬
sure but doesn't prohibit disclo¬
sure—" A state or local agency may
adopt requirements for itself
which allow greater access to rec¬
ords than prescribed by the mini¬
mum standards set forth in this
chapter."
"You're not going to get a copy ^
of any report,"   O'Reilly said. h
"We're not going to give copies to ~^\)
the press. Thafs arrest informa¬
tion. All I have to give is the basics
of the information. I don't have to
give statements of the victims,"
headded.
The department will often not
disclose statements by witnesses
or principals to an arrest because
the law does not explicitly say
that they must
Chief Anderson does not fore-
see the liberalization of the
departmenf s conservative stance
on public access to arrest records.
"Not at this point," Anderson
said. "You could certainly get a
court order. Obviously you know
your rights and we know ours."
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