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College newspaper sues Purdue for release of video

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A college newspaper sued Purdue University on Tuesday over its refusal to release surveillance video that editors said shows a staff photographer being roughed up by police when he entered the building where a student had been fatally shot and stabbed.

The Purdue Exponent and the American Civil Liberties Union of Indiana say the university erroneously labeled the video recordings as evidence of the crime scene and failed to release those recordings as required by Indiana's public records access laws.

The complaint was filed in Tippecanoe Superior Court.

ACLU attorney Kelly Eskew said Purdue's refusal to release the video "stands in the way" of free press rights.

"I think the public has a right to view the video and make its own conclusions about what transpired," she said.

The incident occurred Jan. 21, after Cody Cousins, 23, entered a basement classroom filled with electrical engineering students and allegedly stabbed and shot 21-year-old Andrew Boldt. Cousins is charged with murder, and his public defender, Lafayette attorney Kirk Freeman, has filed notice that he intends to pursue an insanity defense.

According to the complaint, the photographer entered the building from a second-floor skywalk that was not sealed off by police. He quickly encountered police officers and identified himself as an Exponent photographer, then raised both hands, each containing a camera, and got down on his knees. The complaint contends he was pushed to the ground, then pulled to his feet, shoved against a wall and detained for several hours. His cameras, which were damaged in the process, were confiscated but eventually returned.

Eskew said the prosecutor advised police not to review the contents of the cameras and there was no evidence they had been tampered with.

The complaint said police allowed the photographer and other Exponent staff to view the video but have refused to release it.

Purdue denied the Exponent's request for the video in February, saying that releasing it could affect the murder investigation. The newspaper sought an advisory opinion from Indiana Public Access Counselor Luke Britt, who sided with Purdue but scolded the university for taking such a wide view of what constitutes investigatory records.

"An agency cannot claim an investigatory record and not truly be part of the investigation," Britt wrote. "While the university is correct it is a broad category and relatively straightforward, it is not a catch-all for any and all material which could possibly have a remote association with an investigation."

Eskew said the Exponent and the ACLU disagree with Britt's opinion and are seeking legal review.

"In this case, Purdue has refused to release the video surveillance on the grounds that it has some nexus to the events in the basement of the building," Eskew said. "We disagree. The video we're requesting only pertains to the incident involving the Exponent's photojournalist."

Purdue said in a statement Tuesday that it has followed the requirements of the public records law.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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