Activists seek files from police
5/5/09 | 14 comments

Activists seek files from police


AG’s Office fights request
By Judy Harrison
BDN Staff

BANGOR, Maine — A Maine Superior Court judge will decide whether five activists can get access to copies of files the Maine State Police may have on their activities or whether their request under the state Freedom of Access Act is denied because it fits into the exceptions allowed for law enforcement.

Megan Gilmartin of Thorndike, Hilary Lister of Athens, Ethan Miller of Greene, Emily Posner of Montville and Robert Fish, formerly of Montville, sued the Maine State Police last year in Penobscot County Superior Court after the agency denied their request for information.

The Maine Attorney General’s Office, which represents the state police, in January filed a motion to dismiss the lawsuit. Deputy Attorney General William Stokes argued that under the law enforcement exemptions to the Freedom of Access Act, the state police could neither confirm nor deny whether the five were under investigation.

Maine Superior Court Justice William Anderson will hear arguments in the case today. There is no timetable under which he must issue a decision.

The plaintiffs, who have been involved in nonviolent civil protests over the Iraq war and the use of Sears Island, among other activities, according to their attorney Philip Worden of Northeast Harbor, claim they have a right to see files about themselves.

“It is disingenuous for the Maine State Police to state that they can neither confirm nor deny that they have files on at least some of the appellants in this case,” the plaintiffs’ co-counsel, Lynne Williams of Bar Harbor, said Monday in an e-mail answer to a request for comment on the case. “A few years ago, for example, state police went to the homes of a number of activists requesting DNA samples. Likewise, the license plates on the cars of some of these appellants have been photographed by law enforcement. If they’re not keeping records on them, why are they putting so much effort into monitoring them?”

Stokes said in his motion to dismiss that if the information the plaintiffs requested did exist, it would fall under one or more of the 11 exceptions to a freedom of access request outlined in the Maine Criminal History Record Information Act. The release of information about any of the plaintiffs could, he argued, jeopardize a pos-sible investigation and prejudice a potential jury pool.

“Further, given the fact that intelligence and investigative information must, of necessity, rely upon evidence provided by individuals, there is a strong likelihood that public release could constitute an unwarranted invasion of personal privacy, as well as endanger the physical safety of individuals, including, but not limited to, law enforcement officers,” Stokes argued. “Finally, there is a reasonable possibility that the release of intelligence and investigative information publicly would disclose techniques and procedures not generally known to the public.”

Both sides have suggested that Anderson could view any documents that might exist in state police files that relate to the plaintiffs and decide what, if any, portion of that information they are entitled to see.

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Comments
14 comments on this item
On 5/4/09 at 10:16 PM, JoeCentral wrote:         Repeated separate thumbs down will cause comment to be hidden

I hope Justice Anderson will have to state what offenses these people have been charged with to have so much "investigation" of them. If no charges are brought then why not release the information. What are the police trying to hide? Will all of use who care about what goes on in our State have to face the same scrutiny, and allow them to hide behind it. I say release the record, or charge a crime within a certain amount of time. I love my country but this kind of non-sense makes distrust my government.

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On 5/5/09 at 12:28 AM, rockstars wrote:         Repeated separate thumbs down will cause comment to be hidden

Attorney General's office works for the police and Gov. Balcadi. Who represents US?

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On 5/5/09 at 4:56 AM, poormainiac wrote:         Repeated separate thumbs down will cause comment to be hidden

to 12:28 AM : when do they represent us ?

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On 5/5/09 at 6:26 AM, JeffDubay wrote:         Repeated separate thumbs down will cause comment to be hidden

Huh, not likely you'll get beyond the perimeter of the 'good-ole-boy' club.

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On 5/5/09 at 6:26 AM, PersonalRights wrote:         Repeated separate thumbs down will cause comment to be hidden

"Trust us, we're here to help you" --- that mantra has been used by many to cover various times when things weren't as they should be. It sounds a lot like, "disclose techniques and procedures not generally known to the public." I wonder what those "techniques" might look like in the light of day? You don't suppose there's anything suspicious, do you?

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On 5/5/09 at 6:50 AM, jaygee wrote:         Repeated separate thumbs down will cause comment to be hidden

I can understand not opening up records to terrorists or people otherwise representing a threat. That is a no brainer. But if these folks were simply protesting - and doing so non-violently, I can't understand why they would be thwarted in their efforts.

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On 5/5/09 at 7:06 AM, Thinkaboutit wrote:         Repeated separate thumbs down will cause comment to be hidden

TO PROTECT AND TO SERVE ------ What a JOKE !!!!!

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On 5/5/09 at 7:43 AM, addled wrote:         Repeated separate thumbs down will cause comment to be hidden

Funny how those who vote for giant Government are so upset when that same giant Government seems to work against them...you get what you vote for, kiddies.

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On 5/5/09 at 8:23 AM, Dazzit wrote:         Repeated separate thumbs down will cause comment to be hidden

So if they do disclose any information and subequently invade someones privacy, you all will complain about it too! You can't have your cake and eat it too people. Regardless of those bad apples out there, law enforcement is here to protect all of us no matter how unfair you may think some of their policies may be.

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On 5/5/09 at 9:34 AM, DouglasWatts wrote:         Repeated separate thumbs down will cause comment to be hidden

Everyone who even thinks of questioning the police should be immediately arrested and imprisoned for life. If Americans don't like their police, they can always leave the country. People in the U.S. have a right to feel safe and to do that, the police must have the right to arrest and imprison people without trial. That is the only way we can separate the innocent citizens from the potential terrorists.

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On 5/5/09 at 9:49 AM, outlaw wrote:         Repeated separate thumbs down will cause comment to be hidden

just the word activist or protester can red flag the gov watch dogs no dought BIG BROTHER IS WATCHING YOU yup land of the free if the gov agrees and if not your a threat go figure peace

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On 5/5/09 at 10:11 AM, musician wrote:         Repeated separate thumbs down will cause comment to be hidden

Anyone who thinks that every aspect of police investigations should be public knowledge is IGNORANT!

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On 5/5/09 at 2:35 PM, Rachael1962 wrote:         Repeated separate thumbs down will cause comment to be hidden

I love when this issue comes up...I was a victim in the state of Maine when I gave witness to crimes commited by governemnt officials at the level of children and drugs as victims...A state trooper took my case and some Washington County sheriffs department and DEA in Washington County and opened it to the public.

A state trooper who opened the file was given an investigtion of the crime he set up after I was victimized as a result of my witness by the trooper who opened my file to the public...One has the right to know if they are a subject or target in an investigation...

They created a file on me and opened it to the public...My life was destroyed...the response from the Maine State Government?

It is a state issue no evdiece...interesting the federal government doesnt see it that way...

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On 5/5/09 at 5:13 PM, Studog wrote:         Repeated separate thumbs down will cause comment to be hidden

All this poison from the very people who keep making the government bigger and more powerful. Make the government smaller.

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