POLSON – A Missoula attorney says the Lake County Sheriff’s department has “stonewalled” the parents of man whose death was ruled a suicide and refuses to release any information they have requested without a court order.
On March 13, Kenneth Lee Miller died at his Swan Lake residence in what was later ruled a suicide. His parents, Clifford and Leah Miller, subsequently requested a copy of the coroner’s report and a file of the investigation into his death. Lake County Sheriff Lucky Larson refused, citing the advice of the county attorney.
In a letter to the Millers’ attorney, Larson stated he would not release the information without a district court order and would charge a series of fees for the information if a court order was obtained. The Millers’ attorney, Joan Cook, said she was surprised by the response and that obtaining a court order would likely cost the family around $10,000 in legal expenses.
“It is imperative for a family to be able to know as near as possible what happened to their loved one,” Cook said. “In this case they have been stonewalled at every turn.” Cook said her understanding is that no one from the sheriff’s department will even discuss the case with the family.
(UPDATE: Miller's sister, Janet Grantham, says officials from the Sheriff's Department have discussed the case with family members but refuse to release any official records. 8/3/09)
When contacted by the Montana Policy Institute, Larson said he would not answer questions over the phone and referred all inquiries to Lake County Attorney Mitch Young.
Young said state code prohibits the release of confidential criminal justice information, which is a misdemeanor for violation. He said the code is unclear about what is covered under that restriction. “In order to protect us my position is, get a court order,” Young said.
That contrasts with the way sheriffs in neighboring counties describe their standard procedure. Flathead County Sheriff Mike Meehan was asked how his department would handle a family’s request for the coroner’s report in a death that had been ruled a suicide.
“We’d give it to them,” Meehan said. “We don’t hold anything back from the family. I think the family has a right to know.”
Meehan said his department doesn’t even charge for copies in such cases. Missoula County Sheriff Mike McMeekin said he said he feels a “moral obligation” to release the coroner’s report to family members.
“If they want it, they can have it,” McMeekin said. “I feel we have an obligation to the family.” In regard to the issue about releasing confidential criminal justice information, McMeekin said he makes a clear distinction between law enforcement records and coroner reports. His department maintains completely different databases for the two, he said.
The family says one reason they want the information is to determine if there was any indication of foul play. Young said there’s no evidence to suggest that.
No inquest was held in the case. “I’m not sure why the family is not entitled to check the autopsy reports of a loved one with no explanation” as to why the request was refused, Cook said.
Cook said grieving and knowing what happened is a part of the healing that families need to go through after a catastrophic event. In this case, she said, “they’re not even able to begin that process.”
Miller’s sister, Debra West of Washington state, said the family is considering whether to pursue a court order. She said the actions to deny the family access to information surrounding her brother’s death has been “devastating” to her 85-year-old parents.
“My mother will never have any small piece of closure unless she gets those records.”
SIDEBAR: POLSON – The Lake County Sheriff’s refusal to release the coroner’s reports to the parents of a man whose death was ruled a suicide raises the larger issue of open records and uniform application of state law.
Lake County Sheriff Lucky Larson said his refusal was based on the advice of the county attorney. County Attorney Mitch Young said it is a misdemeanor to release confidential criminal justice information.
There appears to be a consensus outside Lake County that families should have access to the coroner’s report barring special circumstances. Whether a coroner’s report is legally a public record appears to be a grayer area.
Mike Meloy, attorney for the Freedom of Information Hotline in Montana, said he would argue that a coroner’s report is not a criminal justice investigative report and therefore should be considered a public record. However, he said the courts have yet to rule on that. “It’s still an open question and needs to be resolved,” Meloy said.
Missoula County Sheriff Mike McMeekin said he would provide a copy of the coroner’s report to the family in an apparent suicide case – but he doesn’t believe the report is a public record. McMeekin said he would provide it to the family out of a sense of “moral obligation.” There are exceptions, he said, such as cases where the death occurred in custody or where there was an ongoing investigation.
Similarly, Flathead County Sheriff Mike Meehan said his department would typically provide the coroner’s report to family members but might require a court order if there was an ongoing criminal investigation.
The sister of the man whose records are being held by Lake County authorities noted the apparent inconsistencies in departments across the state.
“It seems like each county is a law unto itself,” said Debra West.
Meloy said there have been three or four cases in the past year where a coroner would not release their report. However, in those cases those requesting the information did not challenge it in court.
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