May 10, 2010
Preston 911 withholds tapes in state trooper crash
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In 2001, the Legislature tried to pass a bill prohibiting the release of 911 records without a court order or subpoena. Emergency services center directors pushed the bill, insisting they wanted to protect the privacy of 911 callers.

The bill didn't pass. In 2002 a bill did pass that made the identities of those who call 911 to report crimes confidential.

In Kanawha County, 911 information is routinely given out, with a few exceptions, such as health records, said Kanawha County Commissioner Kent Carper.

"I don't understand why those that have the privilege of serving the public don't allow the public to see those records," Carper said. "As long as I hold public office, the public won't have to get on its knees and beg to see public records."

Snyder said he "didn't have time" to say where in state code it says that such information isn't open to the public.

According to State Code 24-6-13, "a person or entity may obtain, without court order or a valid subpoena, a transcription of a call for emergency service reporting alleged criminal conduct."

Carper said records in Kanawha County also wouldn't be released if they would affect an open criminal investigation. Baylous said the investigation into what happened with Martin Thursday evening is not a criminal investigation.

"In Florida, they release the Tiger Woods [Thanksgiving accident] tapes the next day, and you can't get something like that in Preston County," Carper said. "That's wrong, wrong, wrong."

Reach Gary Harki at gha...@wvgazette.com or 304-348-5163.

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