STATE POLICE DENY FOIA REQUEST ABOUT CALHOUN PROPERTY CRIMES

(10/20/2008)
By Bob Weaver

The West Virginia State Police have declined to provide generic information to confirm the nature of a crime spree that has hit Calhoun County this year.

The Hur Herald, after failure to obtain general information about alleged incidents or crimes reported to the Grantsville Detachment, filed a Freedom of Information Request with Col. D. L. Lemmon, superintendent of the agency and Sgt. Jeff Skidmore, Grantsville's detachment commander.

The four-part request asked for general information to confirm the number of stolen ATVs and other reported property crimes in Calhoun, after citizens by word-of-mouth have indicated incidents involving stolen ATVs, vehicles, drugs, guns, gasoline, tools, copper wire, appliances, and cash.

The Herald has maintained the public needs to know about such alleged crimes.

Street reports indicate as many as 35 ATVs or recreational vehicles have been stolen over the past few months.

With dozens of word-of-mouth breaking and enterings, burglaries and thefts, the State Police have not only failed to validate such incidents, they have not reported any recovery.

With slight exception, charges have not been filed in the commission of numerous property crimes, or public information related to the solving of such crimes.

The Herald requested to know the "number of reports/calls/complaints received by your agency in 2008 regarding the alleged theft or removal of ATVs, recreational or other motorized vehicles?"

Denied.

John A. Hoyer, WVSP legal counsel, denied the request with his interpretation of the Freedom of Information Law (WV Code 29b-1-3) saying "All request for information must state with reasonable specificity the information sought."

The denial further states, "You may wish to submit a more detailed request which includes dates and specific subject matter of the requested information."

The denial indicates in order for the WV State Police to provide such basic information, the requester would be required to have knowledge of each incident.

Sgt. J. E. Skidmore of the Grantsville detachment has declined to confirm the spree or the number of reported incidents, with information that he has occasionally provided being vague and confusing.

The Herald, in requesting specific or generic information about property crimes, Skidmore has deflected the requests, indicating public information would hurt an "active investigation."

The Herald advised Sgt. Skidmore that Calhoun citizens should be aware of the serious nature of property crimes being committed in their community, stating citizens might want to take action in protecting their property.

In communicating with the State Police, the Herald has maintained, in most instances the public would lend assistance in solving crimes, provided they know of their commission.

The Herald also said "The release of generic public information would indicate the WV State Police are doing their job."

Sgt. Skidmore has alluded to the lack of a relationship with the Herald, likely because the Herald has previously published a long list of problems within the agency in Calhoun.

The Herald maintains there should be no denial of information because the agency does not like the requester.

HERALD'S FREEDOM OF INFORMATION REQUEST DENIED

A Freedom of Information request (October 10, 2008) is being issued because of a long-standing problem to obtain general information beneficial to the citizens of Calhoun County, with the agencies failure to respond to such legal requests, copies of the request forwarded to agency officials including Col. D. L. Lemmon.

(1) The number of reports/calls/complaints received by your agency in 2008 regarding the alleged theft or removal of ATVs, recreational or other motorized vehicles?

(2) The number of reports/calls/complaints received by your agency (Grantsville detachment) of all alleged property crimes (example: stolen items, breaking and enterings, burglaries, attempted burglaries, etc.) since May 1, 2008?

(3) A brief description of reports/calls/complaints related to all property crimes received by your agency during July, August, September 2008 using a description format: Date of report/call/complaint; nature of problem or complaint, brief description of what was stolen or involved with complaint, the general area of incident.

(4) A report regarding the solving of any of these incidents listed on the above requests?

All denied.

The Herald has frequently been critical over the lack of public information from the State Police. The Associated Press, doing a study about public information in West Virginia's 55 counties, gave the agency an "F".

The Herald advised the agency, "With the lack of public information in this county by your agency, we must assume it is pretty much a crime free zone."

While the manufacturing of meth has been of epidemic proportions in regional counties, the Grantsville detachment has failed to acknowledge a serious problem in Calhoun.

In one high profile case, the local commanding officer lost the evidence.

Only two or three arrests have been made with in-county residents in recent years, while surrounding counties have reported hundreds of investigations and hundreds of arrests.