District Attorney's Office Clarifies Policy Regarding Disclosure of Information

08/01/2002
The recent homicides in this jurisdiction have generated a great deal of media attention. As a result, the Douglas County District Attorney's Office wishes to clarify the policy regarding disclosure of information related to criminal cases including State v. Damien C. Lewis, 02CR1256. The stated policy is consistent with the Kansas rules of ethics relating to trial publicity. These rules, which are set forth in Kansas Supreme Court Rule 3.6, state that the following information should not be disseminated because of the likelihood of materially prejudicing a court proceeding: <ul><li>The character, credibility, reputation or criminal records of a suspect in a criminal investigation;</li> <li>The identity of a witness or the expected testimony of a witness;</li> <li>Any statements given by a defendant or suspect;</li> <li>The performance or results of any examination or test . . . or the identity or nature of physical evidence expected to be presented;</li> <li>Any opinion as to the guilt or innocence of a defendant or suspect in a criminal case. (Supreme Court Rule 3.6)</li> The Kansas Supreme Court has stated that the following information may be released, without elaboration, if the information does not have a substantial likelihood of materially prejudicing an adjudicative proceeding: <li>The general nature of the claim or defense;</li> <li>The information contained in a public record;</li> <li>That an investigation of the matter is in progress including the general scope of the investigation, the offense or claim or defense involved and, except when prohibited by law, the identity of the persons involved;</li> <li>The scheduling or result of any step in litigation;</li> <li>A request for assistance in obtaining evidence and information necessary thereto;</li> <li>A warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists a likelihood of substantial harm to an individual or to the public interest;</li> <li>The identity, residence, occupation and family status of the accused;</li> <li>If the accused has been apprehended, and information necessary to aid in apprehension of that person;</li> <li>The fact, time and place of arrest; and</li> <li>The identity of investigating and arresting officers or agencies and the length of the investigation.</li></ul> The above rules are intended to ensure that the defendant and the State of Kansas receive a fair trial and do not limit the public's access to public records or facts that come out at public hearings. As required by Kansas Supreme Court Rule, the District Attorney cautions that the charges against Damien C. Lewis are merely accusations at this stage in the proceedings and he is presumed innocent until and unless proven guilty. The District Attorney requests that the media and community respect the privacy of the families of the victims and the privacy of witnesses.

Related Links:
Douglas County District Attorney's Office - http://www.douglas-county.com/depts/da/da_home.aspx

Media Contact:
Christine E. Kenney - Douglas County District Attorney
District Attorney's Office
(785) 841-0211
info@douglas-county.com