November 20, 2008

Lawsuit history

Feb. 23, 2006: Three men reportedly assault three victims in a South Hubbard Hall room.

Feb. 24, 2006: Three men — nonstudents Joel Ross Hamlar and Roy Lee Holt and former MSU student Albert Reginald Robinson — are arrested in connection with the assault and arraigned with charges of home invasion, conspiracy to commit home invasion, felonious assault and using a firearm while committing a felony.

March 3, 2006: The State News submits a Freedom of Information Act request to the university for the original incident report.

March 24, 2006: The MSU Freedom of Information Act Office denies the request. The State News Board of Directors decides to pursue legal action.

March 28, 2006: The State News submits an appeal to the university for the report.

April 6, 2006: The university denies the appeal.

May 1, 2006: State News lawyer Herschel Fink sends a letter to the university refuting the exemptions and gives administrators one week to provide the report before filing a lawsuit.

May 9, 2006: The university releases an official statement defending its previous denials and maintains that it won’t release the report.

May 19, 2006: The State News files a First Amendment lawsuit against MSU in Oakland County Circuit Court.

May 31, 2006: Attorneys representing The State News ask for the police report in a hearing.

June 8, 2006: An Ingham County Circuit Court judge rules in favor of MSU withholding the report because releasing it would needlessly disclose the personal information of individuals in the situation.

June 23, 2006: The State News Board of Directors unanimously decides to appeal the ruling. A notice of appeal is filed June 30.

Former MSU student Nicholas Antoine Palmer, a victim in the Hubbard Hall assault, identified Robinson and Hamlar in court as two of the assailants in the incident. Palmer also testified during the 54-B District Court hearings that the three assailants threatened the three victims with a handgun, and one victim was splashed with gasoline and threatened with being set on fire.

July 28, 2006: Two victims in the Hubbard Hall assault — former MSU student Robert James Nelson and nonstudent Kevin Howard Towns — give testimony during the district court hearings for former MSU student Robinson and nonstudent Hamlar.

According to testimony, there were at least several times Robinson and his friends quarreled against others at MSU, including a fight outside Hubbard Hall that consisted of about 100 people and an early morning scuffle on Feb. 23, 2006 at Rather Hall, where Robinson resided.

March 6, 2007: In a 15-page decision, a panel of Michigan Court of Appeals judges says the circuit court was wrong to affirm the university’s position and orders a circuit court judge to review the case.

April 16, 2007: MSU’s Office of the General Counsel denies a State News request to settle the lawsuit out of court.

Tuesday: The State News and MSU will appear in front of the Michigan Supreme Court in Lansing.

Source: The State News

SN lawsuit vital for all students

**Lindsey Poisson**

Lindsey Poisson

Almost exactly two years ago, a crime that has become shrouded in controversy was committed on campus. You’ve probably heard this before: Three men — one armed with a handgun and a water bottle containing gasoline — entered a South Hubbard Hall dorm room Feb. 23, 2006, and threatened three occupants. One man poured gasoline on a victim and threatened to light it.

The State News has reported this same bit of news numerous times during the past two years, but the situation is more complex. All of the known information surrounding that day is based on testimony given in court hearings that took place in the summer — months after the incident. It appears several arguments and fights involving the alleged assailants, victims and many other people preceded that day.

But there are still many unanswered questions about what was an unusual occurrence at MSU. How long had these alleged “fights” been going on? Were they caused by MSU students or nonstudents? What happened after the police responded Feb. 23, 2006? Knowing why this incident happened is just as important as knowing what happened, especially if there’s the possibility of a repeated incident.

After several requests — using Michigan’s Freedom of Information Act — made by The State News for an incident report partially detailing the on-campus assault, MSU denied public access to such information. It stated in rejection letters individuals involved in the Hubbard Hall assault had the right to privacy, and turning over the report would inhibit the investigation of the incident and deny defendants a fair trial.

Those defenses seem flimsy considering names and information of people involved in the assault became available through public court hearings — and by the time that case went to court, the investigation was finished. There has been no indication of Hubbard Hall assault defendants being tried unfairly since The State News’ coverage. The only thing left to assume is MSU simply doesn’t want to divulge its information.

Tragedies at Virginia Tech University and Northern Illinois University highlighted the importance of communication between universities and their students about possible dangers and other vital information.

When Eastern Michigan University student Laura Dickinson, 22, was raped and murdered on the Ypsilanti campus in 2006, school officials initially said there was no apparent foul play involved — despite proof they believed otherwise. Crime and critical news isn’t something to downplay or cover up because it might reflect badly on public entities. It should be used to make the public more knowledgeable about their environment and facilitate decision-making.

There’s no denying the MSU community should have the right to know what happens on its campus. That’s why The State News sued the university for information regarding the assault in 2006.

The case went through circuit court — ruling the university didn’t have to divulge the information — as well as the Michigan Court of Appeals. On Tuesday, The State News and MSU will argue before the Michigan Supreme Court in Lansing.

As a State News employee, there’s no question that I appear biased in this matter. But because I was assigned to cover the newspaper’s lawsuit during the summer of 2006, I’ve sat through hours of arguments between MSU attorney Theresa Kelley and State News attorney Herschel Fink. I know the arguments, and I know which ones make more sense.

Most people will agree public entities, namely government, should be transparent and provide citizens necessary information. But I’m sure most people disagree that a two-year-old incident at Hubbard Hall is worth the fight — especially when no one was seriously injured and court hearings provided a lot of the information.

This organization hasn’t spent about $70,000 in attorney fees just for a few pieces of paper that might not have any new information. This fight goes beyond what happened Feb. 23, 2006.

As a student, I have a right to know when an assault or any other serious crime occurs on campus. If a fellow student is murdered or a person goes missing, I don’t want MSU to pick and choose what information is pertinent.

Lindsey Poisson is the State News opinion writer. Reach her at poisson4@msu.edu.

Published on Tuesday, February 26, 2008

Comments RSS 2.0 Comment Feed

Shenanigans Fiend
02/26/08 @ 10:45pm

Come on, we know why the State News is really interested in the lawsuit. You are really big Quentin Tarintino Fans

Link Text

Steve
02/26/08 @ 11:11pm

Who cares if the State News has the information? Based upon their track record they won’t accurately report it anyways.

Rob Smith
02/27/08 @ 7:41am

For the past 50 years, the State News and the MSU administration have engaged in a perrenial pissing contest, and this is just the latest round in it. Waste of ink…

Jed
02/27/08 @ 8:22am

Dear State News,

This “incident” was just people from Detroit acting like people from Detroit. I think I saw this scene play out in a Biggie rap video.

blah blah blah
02/27/08 @ 8:52am

This has nothing to do with student safety. If the SN cared about the safety of students they would not let political correctness prevent them from releasing COMPLETE suspect descriptions when crimes happen at MSU. This FOIA lawsuit they have going is just the SN staff trying to play reporter.

Emily
02/27/08 @ 10:45am

Keep fighting SNews. I for one think it’s total bullpuckey that the University is fighting you on this.

my name means a lot
02/27/08 @ 10:52am

Did you know your name means “fish” in French?

TexasSpartan
02/27/08 @ 12:23pm

“How long had these alleged “fights” been going on?”

Who cares? How is this relevant?

“Were they caused by MSU students or nonstudents?”

You’ve already stated that the names are available from public court proceedings. Check the directory. It’s not hard.

“What happened after the police responded Feb. 23, 2006?”

Who cares? The offenders were arrested and are on trial. How will this knowledge help the typical student? Will guards be posted at the entrances to residence halls? Will all water bottles be inspected for combustibles? Should we install metal detectors?

It seems that the $70,000 you have wasted on attorney fees for what is really just gossip and fearmongering could have been better spent on truly making a difference – like donating to SafePlace or a local domestic violence shelter.

Evan
02/27/08 @ 1:20pm

That some of you take issue with this article is frightening. Since when is an honest inquiry into an issue that may affect or otherwise have repercussions upon students and personnel NOT a good thing? Even if their intentions are skewed (which this article does not suggest), even if their interests are sensationalist (which, again, this article does not suggest), that does not change the fact that we have the right to ask reasonable questions and a right to receive reasonable answers when it pertains to us and our safety.

Arc
02/27/08 @ 1:24pm

Ignore your rights, and they’ll go away.

J. Edward Tremlett
02/27/08 @ 1:36pm

“That some of you take issue with this article is frightening.”

Tell me about it. I’m shocked to see that willful ignorance, apathy and cynicism are so communicable. It must be going around with the flu this year.

Diversity Dorm
02/27/08 @ 1:52pm

Well I sure am glad I dont live in the “most diverse dorm” as the Statenews labels it.

Ford
02/27/08 @ 2:29pm

Better question – are my State News taxes being spent to pay for your legal fees?

Benjy Compson
02/27/08 @ 3:06pm

I do think the SN originally wanted this for the sensationalist aspect of it, not for any concern over campus safety. But the university’s unreasonable denial has turned this into some huge deal with both sides wasting time and money. Rob Smith is right; this is just a big pissing contest. But the SN isn’t wrong here, and they are only trying to ensure their rights are maintained.

blah blah blah
02/27/08 @ 3:29pm

This is a huge waste and SN is WRONG here. All you people claiming the SN is loosing their rights are just ignorant. Read the article; “stated in rejection letters individuals involved in the Hubbard Hall assault had the right to privacy”. FOIA was never intended to supersede the “right to privacy”. Clearly there is something to the privacy issue here because even the courts agree with MSU. I am guessing that most of you people onboard with what the SN is doing are the same group that scream at the top of your lungs PRIVACY RIGHTS when it comes to abortion?! And I’ll state again from my previous post: If the SN cared about the safety of students they would not let political correctness prevent them from releasing COMPLETE suspect descriptions when crimes happen at MSU.

Rob Smith
02/27/08 @ 4:01pm

My issue with this article, and the whole debate, and the SN in general is that the SN presumes to be the “voice” of Michigan State and the students. The fact is that the SN follows its own agenda, that being a training ground and resume-padder for future tabloid writers, and this is just another example of how because the SN doesn’t get their way, they publish self-righteous editorials and utilize their own medium to reinforce their self-importance.

Should the State News win this case, it would change absolutely nothing in regards to the state of safety on campus or the security of the student body.

Bob Buckley
02/28/08 @ 10:36am

poisson = fish in french

quit writing already