Pa. backs New Era on autopsy reports
By JACK BRUBAKER, Lancaster New Era Staff Writer
The state has ruled that Lancaster County must supply autopsy records in two cases to the Lancaster New Era.
In addition, the Pennsylvania Office of Open Records has admonished the county for not complying with the state's Right to Know law when it rejected the newspaper's request.
Dennis Stuckey, chairman of the Lancaster County Commissioners, said the commissioners reviewed the decision this morning with their solicitor.
"We are still considering a response, and we have to talk to the district attorney and the coroner and get their positions," Stuckey said.
An Office of Open Records ruling may be appealed within 30 days to the Lancaster County Court of Common Pleas. If the county appeals, the Open Records office may respond.
The New Era is seeking the autopsy reports on Luis David Villafane, who committed suicide in Lancaster County Prison on Nov. 19, 2008, and Charles Carl Roberts, who committed suicide after shooting 10 Amish girls in Bart Township on Oct. 2, 2006.
The county coroner's office has said only that both men committed suicide.
However, there have been allegations that Villafane was beaten by correctional officers two weeks before he died and that Roberts may have suffered an illness that contributed to his violent outburst.
The autopsy results could answer those questions.
Nearly 40 percent of autopsies yield at least one unexpected finding that contributed to a patient's death, according to an analysis published in the American Journal of Clinical Pathology last year.
The New Era requested the autopsy reports on Feb. 9 through the state's new Right to Know law.
Lancaster County's open records officer, Dory Crater, replied on Feb. 13, saying that the newspaper's request had been granted and that the reports were being supplied.
However, the reports were not supplied. The county provided only cover sheets listing the name, date, time and place, and cause and manner of death. Detailed autopsy reports were not included.
Moreover, the county did not notify the New Era of its right to appeal, a requirement of the new law.
On Feb. 19, the New Era appealed to the Open Records office, which asked the county for an explanation.
Crater told the office that the New Era had based its request on a Jan. 22 Pennsylvania Supreme Court decision.
In that case, Penn Jersey Advance Inc. v. Grim, the Supreme Court ruled that autopsy records should be made available to the public and should be released by county coroners. Two newspapers had sought autopsy records in Lehigh County.
But Crater argued that the Penn Jersey case originated prior to the new Right to Know law, which took effect Jan. 1, and so was not applicable to the New Era's request.
Dena Lefkowitz, an appeals officer for the Office of Open Records, took these issues into consideration when deciding the New Era's appeal.
In her "final determination," Lefkowitz said the Supreme Court had ruled "unequivocally" that "autopsy reports are official records of the coroner to be filed within 30 days after the end of each year 'for the inspection of all persons interested therein."'
Therefore, she argued, autopsy records are public records available under the Right to Know law.
In granting the New Era's appeal, Lefkowitz said the county is required to supply the autopsy reports.
Further, she ruled, "Lancaster is cautioned regarding its failure to follow the requirements of the RTKL."
That is, the county did not tell the New Era that the full autopsy reports had not been supplied or why, and the New Era was not informed of its right to appeal the ruling, as required by the law.
The county "must take immediate steps to come into compliance" with the law, Lefkowitz wrote.
Crater said this morning that she has "no comment on the report at this point in time."
The seven-page final determination is posted on the Office of Open Records' Web site: Brubaker vs. Lancaster County -- AP 2009-0104
The state has ruled that Lancaster County must supply autopsy records in two cases to the Lancaster New Era.
In addition, the Pennsylvania Office of Open Records has admonished the county for not complying with the state's Right to Know law when it rejected the newspaper's request.
Dennis Stuckey, chairman of the Lancaster County Commissioners, said the commissioners reviewed the decision this morning with their solicitor.
"We are still considering a response, and we have to talk to the district attorney and the coroner and get their positions," Stuckey said.
An Office of Open Records ruling may be appealed within 30 days to the Lancaster County Court of Common Pleas. If the county appeals, the Open Records office may respond.
The New Era is seeking the autopsy reports on Luis David Villafane, who committed suicide in Lancaster County Prison on Nov. 19, 2008, and Charles Carl Roberts, who committed suicide after shooting 10 Amish girls in Bart Township on Oct. 2, 2006.
The county coroner's office has said only that both men committed suicide.
However, there have been allegations that Villafane was beaten by correctional officers two weeks before he died and that Roberts may have suffered an illness that contributed to his violent outburst.
The autopsy results could answer those questions.
Nearly 40 percent of autopsies yield at least one unexpected finding that contributed to a patient's death, according to an analysis published in the American Journal of Clinical Pathology last year.
The New Era requested the autopsy reports on Feb. 9 through the state's new Right to Know law.
Lancaster County's open records officer, Dory Crater, replied on Feb. 13, saying that the newspaper's request had been granted and that the reports were being supplied.
However, the reports were not supplied. The county provided only cover sheets listing the name, date, time and place, and cause and manner of death. Detailed autopsy reports were not included.
Moreover, the county did not notify the New Era of its right to appeal, a requirement of the new law.
On Feb. 19, the New Era appealed to the Open Records office, which asked the county for an explanation.
Crater told the office that the New Era had based its request on a Jan. 22 Pennsylvania Supreme Court decision.
In that case, Penn Jersey Advance Inc. v. Grim, the Supreme Court ruled that autopsy records should be made available to the public and should be released by county coroners. Two newspapers had sought autopsy records in Lehigh County.
But Crater argued that the Penn Jersey case originated prior to the new Right to Know law, which took effect Jan. 1, and so was not applicable to the New Era's request.
Dena Lefkowitz, an appeals officer for the Office of Open Records, took these issues into consideration when deciding the New Era's appeal.
In her "final determination," Lefkowitz said the Supreme Court had ruled "unequivocally" that "autopsy reports are official records of the coroner to be filed within 30 days after the end of each year 'for the inspection of all persons interested therein."'
Therefore, she argued, autopsy records are public records available under the Right to Know law.
In granting the New Era's appeal, Lefkowitz said the county is required to supply the autopsy reports.
Further, she ruled, "Lancaster is cautioned regarding its failure to follow the requirements of the RTKL."
That is, the county did not tell the New Era that the full autopsy reports had not been supplied or why, and the New Era was not informed of its right to appeal the ruling, as required by the law.
The county "must take immediate steps to come into compliance" with the law, Lefkowitz wrote.
Crater said this morning that she has "no comment on the report at this point in time."
The seven-page final determination is posted on the Office of Open Records' Web site: Brubaker vs. Lancaster County -- AP 2009-0104
