ILNews

Confidentiality issues raised

Back to TopCommentsE-mailPrint

Although a new law enacted this year addresses the release of audio recordings of calls made to the Department of Child Services to report abuse, the law doesn’t discuss the redaction of identifying information of these calls. There is concern in the DCS that if callers’ identities are released to the media, people will be hesitant to report abuse.

The law change came about during a battle between the DCS and the South Bend Tribune in which the newspaper sought records – including the audio recordings made to the agency’s centralized call center – following the death of a St. Joseph County boy. The audio was released by a judge without redaction.
 

15col-confidentiality_payne.jpg DCS Director James Payne stands in the child abuse hotline call center, which was centralized in Indianapolis in 2011. (IL Photo/ Perry Reichanadter)

DCS director James Payne, a former juvenile judge in Marion County, worries that the ruling opens the door for other judges to order similar disclosures. As a result, people might stop reporting possible child abuse situations for fear that their identities will be revealed.

“We’re very concerned about the chilling effect disclosure of these calls might have, whether it’s a person’s name or the information given that could identify who called,” Payne said. “Our interest was always about protecting callers. We don’t know where this will go, but the more it’s talked about, the more potential there is for a caller to think this information might get out.”

The issue surfaced publicly this year, the first time a recorded child abuse hotline call was released to the media and a court challenge fought that disclosure. This case from St. Joseph County pits child safety against the First Amendment right of the media to shine a light on what this centralized call center and state agency are doing to protect children. The decision to move the call center to one location in Indianapolis instead of having locations around the state is questioned by child welfare advocates, juvenile judges, and state lawmakers who wonder whether it would be better to have local DCS officials, case workers or police handle the calls.

As a part of the increased scrutiny on this centralized hotline system, more attention has been on how the DCS responds to calls that come into the hotline and makes determinations about whether any further action is required.

That’s where the St. Joseph County case comes in.

An anonymous caller in May 2011 spent 20 minutes detailing what appeared to be horrific abuse to 10 children at a South Bend residence – six months before police found 10-year-old Tramelle Sturgis tortured and beaten to death in that home. After the call was released to the media, it became clear that the caller urged workers to visit the home to witness the abuse after describing another child’s injuries that left him limping and bleeding in his abdomen.

Two weeks after Tramelle Sturgis was killed in November, the South Bend Tribune filed a public records request with the DCS requesting access to all department reports related to the boy and his family.

Although DCS records are generally confidential, Indiana Code 31-33-18 allows for documents to be released in cases where a fatality or near-fatality has occurred. A court order can be obtained to have the caller’s identifying information redacted in paper record, but the state statute didn’t address the actual audio recordings because lawmakers hadn’t updated the law since the decision to start recording those calls was made four years ago. The DCS turned over documents showing its involvement with the family, but the agency didn’t provide recordings of phone calls from the child abuse hotline as the newspaper requested. The South Bend Tribune then filed another records request, asking for audio files and transcripts of calls made to the hotline about the Sturgis family.

Representing the South Bend Tribune, South Bend attorney Jerry Lutkus with Barnes & Thornburg argued that state law requires the records be censored by a judge to remove identifying information, but that the recordings and transcripts themselves are releasable.

“Though DCS contends the disclosure of public records could endanger children or cause potential abuse reporters to reconsider, it is just as plausible that the disclosure of such records will raise community awareness of the blight of child abuse and engender public action to end it,” Lutkus wrote in a court filing.

Lutkus said the newspaper never intended to publish the identifying information, but wanted access to the recordings and transcript in order to report on the case and how the DCS had responded to allegations.

But the department denied the request for recordings, arguing they were confidential and couldn’t be released. Around this time, Senate Bill 286 was crafted to revise state law about these recorded phone calls to the hotline. The law that takes effect July 1 adds a fifth provision to IC 31-33-18 that specifically exempts from public disclosure and makes confidential any “audio recording of a telephone call to the child abuse hotline.” The new law says that a court order will be the only way to obtain disclosure in a fatality or any type of child abuse allegation. Statutes dealing with redaction weren’t amended to address audio recordings.

St. Joseph Probate Judge Peter Nemeth on March 6 ordered the release of the recorded child abuse hotline calls related to Tramelle Sturgis and his family. The one-page order denies a motion to seal the “confidential information” that included four audio recordings and transcripts.

That caught the department off guard, because they were fully expecting Nemeth to redact the identifying information before turning it over. The statute specifically talks about the judges evaluating the biometrics of a call to determine what might be confidential, Payne said.

Within days, the DCS appealed to the Indiana Court of Appeals to block the disclosure and a story the newspaper planned. Although the story was briefly posted on March 9, the COA blocked the story and the newspaper removed the content from its website. That brought on a concern about First Amendment rights and prior restraint.

The appellate court set an emergency hearing for March 12, but after a new review by attorneys on both sides, an agreement was reached and the appellate court cancelled the hearing. The Office of the Indiana Attorney General took over the case and immediately filed a motion for dismissal, determining the agency’s effort to prevent publication was inconsistent with the First Amendment and the state must rely on journalistic ethics in these situations.

“Prior restraint of the news media publishing public records is inconsistent with the First Amendment,” Attorney General Greg Zoeller said. “As the lawyer for state government, the Office of the Indiana Attorney General now asserts the legal position of the state that in the interest of openness and transparency, the publication of public records should not be halted.”

Indianapolis attorney Paul Jefferson, with Barnes & Thornburg, said the outcome of this situation shows the legal system worked when it was supposed to.

“My takeaway is that when lawyers and judges work through things like the significant interests of child safety and the First Amendment, the system works,” Jefferson said.

But despite the law changes addressing these audio recordings and that the identity was protected in this case, Payne still fears that others might interpret the law as Nemeth did and identifying information could be released to the public.

For one thing, the redaction procedures still don’t specifically mention the hotline’s audio recordings. As its stands now, one trial judge has interpreted Indiana law to require disclosure of these recorded calls without any redaction and the state’s appellate courts haven’t ruled on the issue.

“If someone thinks a judge is going to turn over their name and information provided, then that might prevent them from calling in the first place,” he said.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

ADVERTISEMENT