Lynch points out that since 1999, the Department of Attorney General has ruled that when an adult is arrested, the "face/data sheet" of the arrest, as well as the "first report" generated as a result of the arrest, are public records that must be disclosed, subject to redacting certain information that may violate a person's privacy or impede an ongoing law enforcement investigation. Despite this interpretation agreed to by proponents of the legislation, Lynch expresses concerns that the plain language of the amendment could be interpreted to require police departments to provide these documents, and more, without redaction.
In his letter to Chairman Costantino, Lynch notes that the "face/data sheet" routinely delineates evidence seized from a crime scene, as well as the names, home addresses, telephone numbers, and social security numbers of crime victims or witnesses. The "first report" may contain additional information implicating the privacy of victims and witnesses, and may also contain information gathered during the initial investigation of the crime.
"Although I fully support the public's right to know," Lynch said, "the opportunity for the general public, including at-large suspects, to learn what law enforcement knows while an investigation is still ongoing and pending would provide suspects with the opportunity to locate and harm witnesses, destroy relevant evidence, fabricate alibis, or even flee the jurisdiction."
Lynch also expressed concerns about an amendment that would require police departments to disclose the location of an arrest within 24 hours. "In general, I have no objection to the disclosure of a location of an arrest, but I do have a concern when disclosing the location of an arrest would also necessarily result in the disclosure of the victim's home address, as well as identifying the victim of the crime," Lynch said.
Presently, Rhode Island law prohibits police departments from disclosing the identity of a crime victim who is a minor, as well as victims of child molestation sexual assault.
"I believe wholeheartedly in government accessibility," Lynch said. "But restraint has to be exercised when the identity and the very safety of victims and witnesses are at stake," Lynch said. "I urge the House of Representatives to consider these changes and pass a public records bill that allows Rhode Island residents to understand how government operates. Disclosing sensitive, personal information of crime victims and witnesses in no way advances reaching that goal."
