Prison board OKs release of inmate photographs
The [Sharon]
Herald staff
Mercer County Prison Board on Tuesday ruled that inmate photographs from Mercer County Jail can be released to the press after a Herald request made earlier this month.
In a 4-to-1 vote, commissioners agreed that even though the right-to-know law isn’t explicit on the matter of inmate photos, the public’s interest favors access over restriction.
Commissioner Kenneth Ammann dissented, fearing a potential lawsuit against the county if an inmate is later found not guilty and their picture is shown through the media.
Commissioner John Lechner said the photo does not mean a person is guilty, and therefore shouldn’t open them to a lawsuit. The photo only means the person has been arrested. “Everyone you arrest is innocent until proven guilty,” he said.
Assistant District Attorney Samuel Zuck also asked why a photo would be different from the prison releasing a person’s name. Ammann said he didn’t know, but was still worried about possible suits.
Initial requests by The Herald for inmate photos were turned down on the basis that the photos were believed to be part of ongoing investigations, which is considered exempt from right-to-know laws.
But after a formal request was made, the board decided that inmate photos are not necessarily part of the police investigative file, and are used for identification purposes by the jail.
The prison board left itself room to deny releasing photos if other laws, judicial decrees, or privilege would prevent it.
Mercer County Prison Board on Tuesday ruled that inmate photographs from Mercer County Jail can be released to the press after a Herald request made earlier this month.
In a 4-to-1 vote, commissioners agreed that even though the right-to-know law isn’t explicit on the matter of inmate photos, the public’s interest favors access over restriction.
Commissioner Kenneth Ammann dissented, fearing a potential lawsuit against the county if an inmate is later found not guilty and their picture is shown through the media.
Commissioner John Lechner said the photo does not mean a person is guilty, and therefore shouldn’t open them to a lawsuit. The photo only means the person has been arrested. “Everyone you arrest is innocent until proven guilty,” he said.
Assistant District Attorney Samuel Zuck also asked why a photo would be different from the prison releasing a person’s name. Ammann said he didn’t know, but was still worried about possible suits.
Initial requests by The Herald for inmate photos were turned down on the basis that the photos were believed to be part of ongoing investigations, which is considered exempt from right-to-know laws.
But after a formal request was made, the board decided that inmate photos are not necessarily part of the police investigative file, and are used for identification purposes by the jail.
The prison board left itself room to deny releasing photos if other laws, judicial decrees, or privilege would prevent it.