Gina's Junk Blog in Columbus, Georgia

Justice denied

2019-03-02T09:25:00.001-05:00

The killing of Autumn Steele

Justice deniedJustice Denied

EDITORIAL

BY ART CULLEN

The Iowa Public Information Board has consistently shirked its statutory responsibility to enforce the Iowa Public Records and Open Meetings Laws when citizens are denied access to their government. The board last week put an exclamation point on that history with a superficial ruling that ignored its own administrative law judge’s prior conclusions that a certain police body camera video should be made public. Its ruling should be appealed, and ultimately the board should be disbanded as ineffective by design.

The board voted 6-2 last week to deny requests from the family of Autumn Steele, the Burlington HawkEye and the Iowa Freedom of Information Council to release video worn by an officer who, trying to shoot a dog in 2015, mistakenly shot to death Autumn Steele in her own driveway. The Des Moines County Attorney declined to prosecute the officer, and he remains a school resource officer for the Burlington Police Department. The case was thus closed. The family settled with the City of Burlington in a federal lawsuit. Still, the family and the newspaper argued that the public has a right to all the “facts and circumstances” involving that fatal shooting — including 911 call recordings and body cam video. Local authorities and the Iowa Division of Criminal Investigation, which assisted police in the investigation, refused to release the video by claiming it was exempt from inspection as part of a criminal investigative report. The family and newspaper took the matter to the information board, which is supposed to be a place where a citizen doesn’t need a lawyer to plead his or her case. The city lawyered up, and so did the family, which exposed one fatal flaw of the board’s creation. That was four years ago.

The board allowed the city and state, with limitless attorney hours, to drag out the case for years — hoping to exhaust the family’s and the newspaper’s limited financial resources. But when the city was forced to settle in federal court, the family had the means to pursue its own course of justice by sustaining the public records request. No doubt, the newspaper is exhausted by fighting this lonely battle so long, and it since has been purchased by a new owner.

Near the end of this long process, an administrative law judge assigned to hear the case for the board concluded that the body cam video is not part of an ongoing criminal investigation, and that the presumption that a record should remain open under the law should prevail. Because the video was placed in a manila folder, stamped “confidential investigative report” by the police does not make it so, unless they can state a reason why it cannot be released. The board chose to ignore that reasoning in its own findings — it does not address the judge’s conclusions, or its own findings (twice) that probable cause existed to find that the city and state violated the public records statute.

That’s because the board is controlled by the state (the governor appoints) and advised by the Iowa Attorney General. No matter who is governor or attorney general, it will always be true that the board is government-controlled by appointment and by purse. It is why the board was determined not to find for the public in the Burlington case or so many others (including the Des Moines Water Works v. Buena Vista, Calhoun and Sac counties over secret defense financing of a pollution claim). You might as well take your secrecy complaint to the county attorney — at least he might offer you a cup of coffee while declining your request for free and open government.

The board shouldn’t care if it is dissolved. Member William Peard of Waukee didn’t even bother to show up for the vote on the Burlington case, arguably the most important vote the board ever took. He was seen hanging out at the capitol across the street the same day the vote was cast. (We thank our friends, board members Rick Morain of Jefferson and Mary Ungs-Sogaard of Dyersvile, for casting the two votes in defense of open government and public access.)

We hope the Steele family finds a way to appeal this ruling. When and how to release police officer video needs to be defined, and the Iowa Legislature obviously is not up to the task — the number of exemptions to keep public records secret has grown from 67 to 71 since the Steele case was filed. The Iowa Court of Appeals has nibbled around the margins of the issue, but further clarity obviously is needed. This action can be appealed to the district court, and it should be.

And the board needs to be disbanded. It is acting as an agent against transparency, not for it. That’s why we have been so skeptical for so long — the government always seeks secrecy, and only the courts can order transparency when secrecy prevails in the politics of the moment.

Burlington is trying to cover up a tragedy. It is directly assisted by the state, in the Iowa Public Information Board. The courts need to set this matter straight. Justice for Autumn Steele cannot be served so long as that video remains in the manila folder.

Editorial

Art Cullen

Ginas Junk now has a Booth at "The Attic" 4120 Hamilton rd. Columbus Ga.

2016-01-31T15:13:00.000-05:00

Our shop is no longer open.
Come Visit Us at "The Attic"
Still Junkin!

Ginas Junk has Closed for Business,.As they say all good things must come to an End.

2016-01-11T09:36:00.001-05:00

We Thank You All for many years of Junkin Fun.
Most likely I'll find a booth at a thrift mall and take a break from the everyday in the shop life.

I'll keep you Updated On our Blog and at our Facebook page for "Ginas Junk".

So for now,we have been clearing the shop.
We will Open one more time,

Saturday ,January 16th,2016- 1:00pm-6pm to Sell out the the rest at bargain prices.
Keep on Junkin!
Gina

20% off EveryThing ,starting Sunday Dec.6th.- Ginas Junk Thrift & Antiques-6020 Buena Vista rd. Columbus Ga.~Open Tuesday thru Saturday 11:00am-5:30pm-Sunday 1:00pm-5:00pm-Closed Mondays

2015-12-06T07:31:00.000-05:00

Ginas Junk Thrift & Antiques 6020 Buena Vista rd. Columbus Ga.

2015-11-02T19:55:00.000-05:00

Open Tuesday thru Saturday 11:00 am-5:30pm
Sundays 1:00 pm-5:00pm.

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2015-10-16T01:48:00.003-04:00

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Autumn Steele Homicide,The Washington Post Oct.10,2015

2015-10-10T09:27:00.001-04:00

JUNKFEST RETURNS OCT.17th ~ Howl-O-Ween Festival

2015-10-02T10:07:00.000-04:00

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2015-09-22T22:48:00.000-04:00

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6020 Buena Vista rd.
Columbus Ga.

Autumn Steele Homicide by Cop,Iowa public Information board

2015-09-17T08:52:00.000-04:00

Public Information Board takes up Autumn Steele matter again
By ANDY HOFFMAN ahoffman@thehawkeye.com Sep 16, 2015 Comments

The Iowa Public Information Board is expected to decide Thursday whether to move forward or dismiss complaints state and local law enforcement agencies violated Iowa’s open records law by refusing access to reports about the fatal Jan. 6 shooting of Autumn Steele outside her Burlington home.

Last month, the nine-member panel delayed its decision, asking parties on both sides of the dispute to file legal briefs on the issues facing the board.

The IPIB hearing is the result of two complaints, one filed by The Hawk Eye and another by Adam Klein, an Atlanta attorney representing Steele’s family, after Freedom of Information requests were denied by the Iowa Division of Criminal Investigation, the Burlington Police Department and the Des Moines County Attorney’s office.

The FOI requests sought police reports, including police body-camera and dashboard videos, and other items involved in the DCI investigation of Steele’s death.

Charlie Smithson, executive director of the IPIB, initially recommended to the board in July to deny the complaints.

“Given the current language of Iowa Code, especially as interpreted by the courts, the information in question appears to be confidential,” Smithson wrote in his findings to the board. “The complaints are legally insufficient” to warrant further investigation by the board.

However, board members determined they needed more information before making a decision, including a review of videos of the shooting. After watching the videos in closed session last month, the board asked the parties for the legal briefs.

Those documents were filed last week and will be part of Thursday’s discussion.

“The decision for the IPIB Board on (Thursday) is whether to accept the complaints (which trigger attempts for informal resolution/additional investigation) or to dismiss the complaint,” said Charlie Smithson, IPIB executive director.

Steve Delaney, editor and publisher of The Hawk Eye, issued a statement Tuesday about the newspaper’s ongoing attempt to get law enforcement reports and police videos of the shooting.

“It’s unfortunate government has taken this misguided position on this particular matter, especially when you can pick up newspapers all across Iowa and see screenshots of police body-cam videos published on their pages,” he said. “And you also can go to media websites to view police body-cam videos. Government hasn’t articulated effectively why this case is so special that it needs to hide its contents from the public. That’s because it can’t.

“The public’s interest in this far outweighs government’s zealousness to keep official documentation of this tragedy cloaked in governmental secrecy. And when they take such drastic steps to keep information hidden from the public, it’s more reason to seek that information.”

Steele, 34, died after she was shot by Jesse Hill, a Burlington police officer, who was responding to a domestic disturbance about 10 a.m. Jan. 6 between Steele and her husband, Gabriel Steele, 35, at the couple’s 104 S. Garfield Ave. home.

As Hill left his squad car to break up the fight, he was attacked by the family dog. As he was trying to shoot the mixed-breed German shepherd, Hill apparently slipped on some snow or ice and shot Steele in the chest and arm. Her 4-year-old son was feet away.

After an investigation by the DCI, Des Moines County Attorney Amy Beavers issued a nine-page report clearing Hill of wrongdoing. He returned to work as a Burlington patrol officer a short time later.

The Hawk Eye then filed a Freedom of Information request seeking the reports Beavers used to arrive at her decision, including police body cam and dashboard videos related to the shooting.

In its brief filed last week with the IPIB, lawyers for the state argue the videos are exempt from Iowa’s public records law because it’s part of an investigative file — even though the investigation is closed.

The attorneys claim “peace officers’ investigative reports, and specific portions of electronic mail and telephone billing records of law enforcement agencies if that information is part of an ongoing investigation, except where disclosure is authorized elsewhere under (Iowa) Code, may be kept confidential.”

The state’s attorneys also claim DCI’s release of 12 seconds of Hill’s body cam recorded leading up to the shooting and Beavers’ report about the shooting were all they needed to provide to comply with Iowa law.

However, Michael Giudicessi, a Des Moines attorney representing the newspaper, said in his 33-page brief the state did not comply with the law. He said the state only releases information when it benefits the state.

“Every law enforcement agency involved in this open records dispute has circled the squad cars in a collective effort to make sure that objective video depiction and other records evidencing what transpired on the morning Autumn Steele was shot can be seen only by those within government and to the exclusion of the very citizenry the police agencies involved are charged with serving and protecting,” he wrote.

He said the “release of the records requested ... is required and justified by Iowa law.”

“Recordings by the Iowa State Patrol and local police departments are routinely made and released, apparently without reservation when dissemination serves to promote the public image of law enforcement, to publicize the meritorious service of police officers, or to rebut charges of discrimination or official misconduct,” he said.

Klein urged the board to order the release of the files.

“This board’s hands are not tied,” he wrote. “The Iowa Legislature has granted this board the authority and the obligation to give voice to Autumn’s family, to the citizens of Burlington and to the people of Iowa by hearing this complaint.”

The meeting will start at 1 p.m. in the Wallace Office Building in Des Moines.

Andy Hoffman

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2015-08-29T10:03:00.000-04:00

Junkfest Howl-O-Ween
Oct.17th
In the pasture behind Ginas Junk shop
6020 Buena Vista rd.
Columbus Ga.

Junkfest Halo-Ween ,Oct.17th,Vendors can Now Register,please email nedda@pebbleco.com for Vendor Registration & Info.

2015-08-18T09:45:00.000-04:00

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2015-07-24T23:37:00.000-04:00

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2015-07-10T11:59:00.000-04:00

Open 4th of July,2015 ~ Ginas Junk Thrift & Antiques ,6020 Buena Vista Rd. Columbus Ga

2015-07-03T16:41:00.000-04:00

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2015-06-29T22:14:00.000-04:00

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2015-06-22T20:18:00.000-04:00

Ginas Junk Thrift & Antiques
6020 Buena Vista rd.
Columbus Ga.

Open:
Tuesday thru Saturday
11:00am-5:30pm
Closed Sunday & Monday

Autumn Steele ,Des Moines Register Newspaper,Iowa ,May 28th,2015. .This is what Families go through when Cops Kill .Sharing Article with those who keep up with our daughter Autumn Steele's shooting death by Burlington Iowa Cop Jesse Hill. Secrets and Cover Up.

2015-05-28T10:27:00.000-04:00

Autumn Steele was mistakenly shot and killed by a Burlington police officer in January. As tragic and unneccessary as her death was, it was also unintentional.
Unfortunately, the same cannot be said about the scandalous manner in which city, county and state officials have responded to Steele's death. Together, they've engaged in a deliberate, protracted effort to conceal information about the shooting and the so-called "investigation" that resulted in no charges being filed against the shooter, Officer Jesse Hill.
Officer Hill was responding to a domestic violence call at Steele's home on the morning of Jan. 6. He had just emerged from his squad car and was beginning to speak to Steele and her husband, when the family's German shepherd began barking and jumping on Hill. The officer immediately drew his weapon and attempted to kill the dog, but lost his footing as he began firing. Steele was struck and killed by at least one of the officer's bullets.
Des Moines County Attorney Amy Beavers chose not to charge Hill with any criminal wrongdoing, although Iowa law clearly states that a person who "unintentionally causes the death of another person by the commission of an act in a manner likely to cause death or serious injury" is guilty of misdemeanor involuntary manslaughter. Choosing to draw and fire a gun in the middle of such a volatile situation could fit that definition.
DES MOINES REGISTER
Relatives demand detail on killing by Burlington police
The Iowa Department of Public Safety then released 12 seconds of body-camera footage shot by Officer Hill, but decided to keep secret a transcript of a 911 call related to the incident; other body-camera and dashboard-camera footage at the scene; and emails about the incident.
The department is able to do all of this only because Iowa legislators stubbornly refuse to change the state law that gives police agencies the ability to forever keep secret all of their "investigative" materials in a case — even when there is no active investigation. The local agencies involved in the Steele case, including the Burlington Police Department and the Des Moines County Attorney's Office, claim they turned over to the state all of their own records related to the case, without keeping copies for their own use.
It's worth noting that nothing in Iowa law prohibits the Department of Public Safety from making the requested records public. When it comes to investigative files, disclosure is merely discretionary. That is, the agency has the choice of either releasing the records or keeping them confidential.
The default choice, of course, is secrecy. And in this instance, the task of defending that choice has fallen to Jeff Peterzalek, an assistant attorney general who says the unreleased portions of the video should be kept confidential because they show Steele in a state of partial undress and receiving medical treatment.
"I can't imagine a family would be real happy with the disclosure of video of their family member ultimately dying," Peterzalek told the Iowa Public Information Board last week.
Protest.jpg
Protesters rally April 13 in front of the Des Moines County Courthouse in Burlington. The crowd was calling for the resignation of Burlington Police Officer Jesse Hill, who shot and killed a woman while firing his gun at her family’s dog. (Photo: Josh Newell//Burlington Hawk Eye file photo)
Peterzalek's feigned concern for the Steele family is galling. The family has a complaint before the Public Information Board, seeking full disclosure of the requested records. Steele's mother, Gina Colbert, has publicly called for the full and unconditional release of the videos and other documents, and has written a newspaper column to that effect.
Perhaps the attorney general's office knows that it would be hard to argue that Iowans are well served by government agencies that seek to bury the records tied to fatal police shootings that, by all accounts, are entirely unjustified. So it has instead decided to argue, at the public's expense, that this sort of secrecy serves the interest of those who are killed, or their families.
Give the attorney general's office credit: What it lacks in credibility, it makes up for in creativity.
It should go without saying that records related to killings and mistreatment at the hands of armed government agents should be treated as public documents. And it would go without saying if our attorney general advocated for the people rather than his clients in state government.
But, alas, this is Iowa, where it took a lawsuit to force the state to release records pertaining to Michael Zubrod, a Charles City man who died in 2013 after being subjected to multiple Taser jolts administered by Worth County deputies.

Police agencies simply can't be relied upon to disclose information that paints them in an unfavorable light — particularly in cases where people have died. It's up to state lawmakers to eliminate the "black hole" in the Iowa Open Records Law and require the disclosure of police records once an investigation is completed or placed in inactive status.

fresh items brought in everyday! Ginas Junk ,6020 Buena Vista Rd. Columbus Ga.- Open: Tuesday through Saturday 11:00am-5:30pm

2015-05-25T18:42:00.000-04:00

https://www.facebook.com/events/1601374640121022/ We Will Close Mothers Day Weekend May 8th thru May 12th - Open again Wednesday May 13th

2015-05-08T08:13:00.001-04:00

https://www.facebook.com/events/1601374640121022/

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2015-05-04T22:02:00.000-04:00

Ginas Junk Thrift & Antiques - 6020 Buena Vista Rd. Columbus Ga. -Open Tuesday through Saturday 11am-5:30pm * Closed Sunday & Minday

2015-04-24T23:14:00.000-04:00

Protests in Burlington after police officer involved in shooting heads back to work - OurQuadCities

2015-04-18T06:54:00.001-04:00

Protests in Burlington after police officer involved in shooting heads back to work - OurQuadCities

Ginas Junk Thrift and Antiques-6020 Buena Vista rd.-Columbus Ga,-Open Tuesday thru Saturday 11:00 am -5:30pm and Sundays 1pm-5pm

2015-04-05T23:09:00.000-04:00

Ginas Junk brings items in everyday!!

2015-03-30T21:30:00.000-04:00