Pa. Supreme Court rules Express-Times should have access to 2005 police shooting autopsy report
January 23, 2009 Autopsy reports
By STEPHEN J. NOVAK
The Express-Times
The Pennsylvania Supreme Court on Thursday said county coroners should make autopsy reports public in a ruling that stems from a lawsuit challenging the Lehigh County coroner's refusal to release his report for Easton police officer Jesse Sollman.
[DOWNLOAD THE 1/22/2009 COURT RULING]
The Express-Times requested the report on Sollman in February 2006, nearly a year after he was accidentally shot in the back by fellow officer Matthew Renninger on March 25, 2005 inside police headquarters. When Coroner Scott Grim denied the request, the newspaper sued.
The case reached the state's highest court in April. Arguments were heard in Philadelphia.
At issue is what is considered an official record of the coroner and what must be made accessible to the public. A Pennsylvania statute calls for a coroner to file all records with the county prothonotary no later than Jan. 30 of the year following a death.
Douglas J. Smillie, the attorney representing The Express-Times, said it is unlikely the case could be appealed further, since it deals with state law.
Smillie also said the ruling should settle any similar disputes in Pennsylvania.
"For now, autopsy reports are open public records," he said.
Deputy Coroner Paul Zondlo, reached Thursday night, said the office had not been notified of any ruling and that Grim was unavailable for comment.
Lehigh County Court had previously ruled in favor of The Express-Times in 2006, but that decision was overturned by Commonwealth Court later that year.
The Commonwealth Court ruling was based on an interpretation of laws that suggested some portions of an autopsy report may be considered "unofficial" records and not required to be released.
The Supreme Court's reversal of the Commonwealth Court's ruling came in a 5-1 decision.
"It is clear that conducting autopsies is one of the official duties of a coroner" and therefore an official record, the Supreme Court wrote in the majority opinion. "The Commonwealth Court erred in concluding otherwise."
Express-Times Editor Joseph P. Owens applauded the Supreme Court's decision.
"We maintained from the beginning that the law says autopsy reports are public," Owens said. "Judge (Edward) Reibman in Lehigh County agreed with us and now the Supreme Court in Pennsylvania agrees with us, too.
"This is important public information that the citizens of Easton are entitled to, and this ruling affirms that."
In the lone dissent, Justice J. Michael Eakin said the majority did not offer any guidance about the sort of circumstances or necessity that a judge can cite to withhold autopsy records.
"Requiring the public exposition of every detail of the body borders on abominable; matters having nothing to do with cause and manner of death should remain private, and not be routinely disclosed," Eakin wrote.
Melissa Bevan Melewsky, an attorney with the Pennsylvania Newspaper Association, said similar access exists in other states. "And the sky hasn't fallen there," she said.
Sollman, 36, had been cleaning his weapon in a gun-cleaning room when he was shot in the back by Renninger. A grand jury subsequently determined the shooting negligent but unintentional and said criminal charges were not warranted.
Renninger retired from the force in 2006.
With the Supreme Court's ruling now in place, Owens said the newspaper wants access to Sollman's autopsy records as soon as possible.
The Morning Call of Allentown also is seeking access to the autopsy records.
The Associated Press contributed to this report,
The Express-Times
The Pennsylvania Supreme Court on Thursday said county coroners should make autopsy reports public in a ruling that stems from a lawsuit challenging the Lehigh County coroner's refusal to release his report for Easton police officer Jesse Sollman.
[DOWNLOAD THE 1/22/2009 COURT RULING]
The Express-Times requested the report on Sollman in February 2006, nearly a year after he was accidentally shot in the back by fellow officer Matthew Renninger on March 25, 2005 inside police headquarters. When Coroner Scott Grim denied the request, the newspaper sued.
The case reached the state's highest court in April. Arguments were heard in Philadelphia.
At issue is what is considered an official record of the coroner and what must be made accessible to the public. A Pennsylvania statute calls for a coroner to file all records with the county prothonotary no later than Jan. 30 of the year following a death.
Douglas J. Smillie, the attorney representing The Express-Times, said it is unlikely the case could be appealed further, since it deals with state law.
Smillie also said the ruling should settle any similar disputes in Pennsylvania.
"For now, autopsy reports are open public records," he said.
Deputy Coroner Paul Zondlo, reached Thursday night, said the office had not been notified of any ruling and that Grim was unavailable for comment.
Lehigh County Court had previously ruled in favor of The Express-Times in 2006, but that decision was overturned by Commonwealth Court later that year.
The Commonwealth Court ruling was based on an interpretation of laws that suggested some portions of an autopsy report may be considered "unofficial" records and not required to be released.
The Supreme Court's reversal of the Commonwealth Court's ruling came in a 5-1 decision.
"It is clear that conducting autopsies is one of the official duties of a coroner" and therefore an official record, the Supreme Court wrote in the majority opinion. "The Commonwealth Court erred in concluding otherwise."
Express-Times Editor Joseph P. Owens applauded the Supreme Court's decision.
"We maintained from the beginning that the law says autopsy reports are public," Owens said. "Judge (Edward) Reibman in Lehigh County agreed with us and now the Supreme Court in Pennsylvania agrees with us, too.
"This is important public information that the citizens of Easton are entitled to, and this ruling affirms that."
In the lone dissent, Justice J. Michael Eakin said the majority did not offer any guidance about the sort of circumstances or necessity that a judge can cite to withhold autopsy records.
"Requiring the public exposition of every detail of the body borders on abominable; matters having nothing to do with cause and manner of death should remain private, and not be routinely disclosed," Eakin wrote.
Melissa Bevan Melewsky, an attorney with the Pennsylvania Newspaper Association, said similar access exists in other states. "And the sky hasn't fallen there," she said.
Sollman, 36, had been cleaning his weapon in a gun-cleaning room when he was shot in the back by Renninger. A grand jury subsequently determined the shooting negligent but unintentional and said criminal charges were not warranted.
Renninger retired from the force in 2006.
With the Supreme Court's ruling now in place, Owens said the newspaper wants access to Sollman's autopsy records as soon as possible.
The Morning Call of Allentown also is seeking access to the autopsy records.
The Associated Press contributed to this report,
