Newspaper argues for release of records in Clemons case

COLUMBIA, Mo. (AP) -- Records gathered for the prosecution of former University of Missouri basketball player Ricky Clemons should be publicly disclosed because no law closes them, an attorney for a newspaper argued Wednesday.

The St. Louis Post-Dispatch asked to see cell phone records, grand jury depositions and other records collected by law enforcement officials in building their case against Clemons.

Clemons is serving a 60-day jail sentence after pleading guilty to a misdemeanor charge of false imprisonment of a woman who alleged the athlete choked her and wouldn't let her leave his Columbia apartment last January.

Boone County Prosecutor Kevin Crane last week declined part of the newspaper's request, saying there appeared to be conflicts between Missouri's open records law and other laws and rules set by the state Supreme Court for dealing with criminal cases.

Crane also sought Wednesday's hearing, citing the open records law's provision that public officials may seek a judge's guidance about compliance.

The law, commonly known as the Sunshine Law, sets as state policy that records and business of public governmental bodies are to be open. The law specifies that it is to be construed liberally and exceptions are to be narrow.

The Post-Dispatch's attorney, Benjamin Lipman, told Circuit Judge Ellen Roper that the items requested on July 22 and July 23 by reporter Jeremy Kohler "are clearly materials that are subject to the Sunshine Law" because there is no specific prohibition on their disclosure.

"They are open records because nothing closes them," Lipman said.

Assistant Prosecutor Deborah Daniels said her office "certainly wants to comply with the Sunshine Law," but "it is not clear if there are not other competing statutes and whether the state will comply with those."

Daniels specifically questioned whether her office could release depositions taken for consideration behind closed doors by the grand jury that heard evidence against Clemons.

She also questioned whether information gathered by investigators for the prosecutor -- perhaps including notations about strategy and strengths and weaknesses of the case -- were subject to disclosure.

"We are asking the court for guidance," Daniels told Roper.

The judge said she could rule as early as Thursday afternoon.

Roper turned down an effort by Clemons' attorney, Wally Bley, to intervene and argue against releasing the records "for purposes of protecting his constitutional right to privacy."

Bley said personal information in the records could include data that would be considered confidential under federal law, such as his client's Social Security number and birthdate.

But Lipman said the Post-Dispatch wasn't seeking Clemons' Social Security number and already knew his birthdate. He said Clemons "has no interest and no standing" to challenge how the prosecutor, as a public governmental body under the Sunshine Law, handles public records.

"There is no underlying constitutional privacy interest here," Lipman said.

Clemons, 23, was suspended from the basketball team in April after pleading guilty.

Last week, he was permanently removed from the team and his athletic scholarship was revoked.

After his guilty plea, Clemons was allowed to serve his sentence in a halfway house, which allowed him to be out during the day for school-related activities.

But late on July 4, Clemons was injured near the home of University of Missouri President Elson Floyd when he wrecked an all-terrain vehicle.

Basketball coach Quin Snyder had asked Floyd to befriend Clemons, who had asked permission to visit the university president's campus residence on Independence Day.

Floyd said Clemons had told him that he wasn't supposed to return to the halfway house until 10:30 p.m. He was actually supposed to be back by 5 p.m., and didn't have permission to attend the gathering at Floyd's home.

After the accident, a judge ordered Clemons to serve the rest of his sentence in the county jail.