Investigative reports must become public

Two years ago, four pedestrians were struck and killed trying to cross Route 1. The Cape Gazette reported these crashes. We also tried to answer numerous questions: Was speed a factor? Was alcohol involved? Were drivers distracted?

In all three crashes, our requests for detailed information were denied. Delaware State Police and the Attorney General’s Office insisted investigative reports are not public documents.

These reports were, however, made available to surviving family members and attorneys representing them. Family members made the reports available to the Cape Gazette, and so, two years later, even though the Attorney General’s Office still says the reports are not public, we can now shed light on these three events. Our report appears in this edition.

Obtaining the reports allowed the Cape Gazette to inform readers about many aspects of these crashes, among them: how an investigation unfolds and discrepancies that arise; differing observations from officers at the scene; refrigerator malfunctions that may affect blood alcohol tests.

Clearly the reports contain information instructive to readers, at the very least prompting us to drive more carefully. The reports also show the public how their government works and how decisions are made.

Why then are these documents not available to the public? In a democracy, it is the role of newspapers to keep watch so the public knows what its government - including police officers - is doing. Without information, the public is robbed of its ability to decide whether government is operating fairly and in the public interest. If investigative reports can be given to grieving families and attorneys, and they in turn can give them to whomever they wish, why should the public be denied the same access.

Investigative reports contain critical information and raise critical questions. When an investigation concludes, the reports must be made public. The Cape Gazette calls upon the General Assembly to require the Attorney General’s Office to make public the reports on which they base prosecutorial decisions. The public not only pays for this document, but also, the public must have access to review the work its police and prosecutors do.