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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. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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