Here is a story from the BHC I’ve been meaning to comment on.
The Bristol Herald-Courier sued the City of Bristol, VA for the release of a 911 tape. Andrea Petrosky killed her 6 year old son by drowning last April. The tape is of the call Petrosky placed to police after she killed her son and reportedly confessed to the crime. Petrosky has since been charged with capital murder. The case has not made it to trial yet.
Under Virginia law, 911 tapes are public records subject to the Freedom of Information Act (FOIA). The BHC filed a request for the tape which was denied by the city. The paper sued and a judge rendered a decision last week. The judge sided with the newspaper and said the tape was public record and to hand it over.
Several things are troubling about this. According to the report, the city manager, police chief, and Commonwealth’s Attorney consulted and determined the tape was “evidence” and it should not be released after receiving the FOIA request. Also the reports state that never once prior to the decision being made was the city attorney consulted. The Commonwealth’s Attorney has a direct conflict of interest and is not the proper person to render a decision on this even though he may be an attorney.
The city also contends that Petrosky will not get a fair trial should the tape be released. The judge addressed this in his decision saying in his 25 years as a judge he has always been able to find an impartial jury for a trial.
The city further argues that people will be “afraid” to call 911 should the tape be released in fear their call could be released to the public. Here is a quote from the Mayor of Bristol Doug Weberling which doesn’t make since:
“People might not use 911 every time if they’re afraid the call might be recorded and become publicâ€
I thought everybody knew that the police, 911 centers, and many other government agencies record all telephone calls.
The city has now decided to appeal the case to the Virginia Supreme Court. If the taxpayers of Bristol have nothing better to do with their money, why not? Appealing a case that far sure will cost a lot of money and time.
Bottomline: The circuit judge got the law right. The city should hand over the tape and not spend taxpayers money fighting this for the reasons they claim.