Top Pa. court: Autopsy reports public
January 23, 2009 Autopsy reports
Associated Press
HARRISBURG — Autopsy records should be generally available to the public and should be released by county coroners, the Pennsylvania Supreme Court ruled yesterday.
[DOWNLOAD THE 1/22/2009 COURT RULING]
The 5-1 ruling resulted from efforts by two newspapers to obtain the autopsy report for Easton Police Officer Jesse Sollman, who was shot and killed inside headquarters on March 25, 2005.
The decision clears the way for the Morning Call of Allentown and the Express-Times of Easton to get the report. They had sued Lehigh County Coroner Scott Grim after he refused to release it.
The ruling said judges still had discretion to protect autopsy reports from being disclosed.
"For example, if graphic photographs or items of information subject to a claim of privilege are included as part of an autopsy report, anyone seeking to protect an interest in such material, and having standing to do so, can seek appropriate relief from the trial court," Justice Seamus P. McCaffery wrote.
Sollman, 36, had been cleaning his weapon in a gun-cleaning room when Officer Matthew Renninger shot him in the back. A grand jury ruled the shooting unintentional and said criminal charges were not warranted.
In a footnote, McCaffery noted that the Right-to-Know Law that took effect this month said autopsy records were not subject to disclosure, but he also said the new law did not trump other state laws. The newspapers sought access under the Coroner's Act, which requires coroners to deposit their "official records and papers" with the courthouse prothonotary every year.
McCaffery said the court expressed no opinion about the relationship between the Coroner's Act and the Right-to-Know Law.
Dissenting Justice J. Michael Eakin said the majority did not offer any guidance about the circumstances or necessity that a judge can cite to withhold autopsy records.
© 2009 The Associated Press – Reprinted with permission. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
HARRISBURG — Autopsy records should be generally available to the public and should be released by county coroners, the Pennsylvania Supreme Court ruled yesterday.
[DOWNLOAD THE 1/22/2009 COURT RULING]
The 5-1 ruling resulted from efforts by two newspapers to obtain the autopsy report for Easton Police Officer Jesse Sollman, who was shot and killed inside headquarters on March 25, 2005.
The decision clears the way for the Morning Call of Allentown and the Express-Times of Easton to get the report. They had sued Lehigh County Coroner Scott Grim after he refused to release it.
The ruling said judges still had discretion to protect autopsy reports from being disclosed.
"For example, if graphic photographs or items of information subject to a claim of privilege are included as part of an autopsy report, anyone seeking to protect an interest in such material, and having standing to do so, can seek appropriate relief from the trial court," Justice Seamus P. McCaffery wrote.
Sollman, 36, had been cleaning his weapon in a gun-cleaning room when Officer Matthew Renninger shot him in the back. A grand jury ruled the shooting unintentional and said criminal charges were not warranted.
In a footnote, McCaffery noted that the Right-to-Know Law that took effect this month said autopsy records were not subject to disclosure, but he also said the new law did not trump other state laws. The newspapers sought access under the Coroner's Act, which requires coroners to deposit their "official records and papers" with the courthouse prothonotary every year.
McCaffery said the court expressed no opinion about the relationship between the Coroner's Act and the Right-to-Know Law.
Dissenting Justice J. Michael Eakin said the majority did not offer any guidance about the circumstances or necessity that a judge can cite to withhold autopsy records.
© 2009 The Associated Press – Reprinted with permission. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
