Judge Allows City To Cite Exemption In Open Records Case

By  | 

TOPEKA, Kan. (WIBW) - A judge will allow the city of Topeka to use a third argument for not releasing records of two officer-involved shootings to the media.

The Topeka Capital Journal is suing the Topeka Police Department under the Kansas Open Records Act.

The paper is seeking records showing the name of the officer who shot kidnapping suspect Jesse Dimmick as he was being arrested September 2009 in Dover. They're also requesting investigative materials from the March 2008 shootings of Daniel and Devin Llamas by an off-duty officer.

Shawnee County Judge Larry Hendricks ruled Wednesday the city can cite an exemption allowing agencies to withhold notes, memos or other records, unless they're brought to light in an open meeting or its agenda. The paper's attorney, Mike Merriam, had filed a motion to reject that argument.

A pretrial hearing in the case is set for January 17th.