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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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