Court orders sheriff to produce records or appear in court
Local resident Mitchell Berman has filed a lawsuit against the Racine County Sheriff’s Office, alleging that the sheriff has inordinately delayed producing two hours of video footage and other records related to its investigation of an illegal Raymond School District Board of Education “retreat” held at a board member’s house in December, 2022.
In April, Berman sued the Raymond school board, challenging that retreat. During the course of that lawsuit, Berman made a record request to the sheriff seeking records related to its investigation into that retreat, including written documents and video recordings of witness interviews.
It took the sheriff three months to provide a mere 100 pages of documents, most of which were copies of materials Berman had provided in his initial complaint. Upon reviewing the documents, Berman realized that important records were missing, including communications between the sheriff’s office and lawyers for the Raymond School District.
Furthermore, four and half months have passed and the sheriff’s office has failed to produce the video recordings. Three months ago, the sheriff told Berman that it had 129 minutes of video that needed reviewing. Despite multiple follow-up emails asking for the videos, they have not been produced.
Berman’s lawsuit against the sheriff’s office alleges that they withheld responsive documents and have unlawfully delayed providing the videos. On November 11, Judge David Paulson issued an order compelling the sheriff’s office to produce the records or to appear in court on December 23 to explain its refusal.
Berman had this to say:
Despite our diligent efforts, my attorney and I have made numerous formal requests for the body-worn camera footage pertinent to this investigation, a material aspect of the public record. The continued withholding of this footage not only undermines public trust in the integrity of our justice system but also raises significant questions about the Sheriff’s Department’s commitment to the tenets of transparency mandated by law.
In light of these circumstances, we have sought judicial intervention to compel the disclosure of this critical evidence. It is our firm belief that access to this footage is essential for restoring public confidence in the accountability of our governmental institutions. The Sheriff’s Department must act in compliance with its statutory obligations and demonstrate an unwavering commitment to transparency, thereby reaffirming the public's faith in the efficacy of our justice system.
“Delays like this are all too common,” added Attorney Tom Kamenick, President and Founder of the Wisconsin Transparency Project, which represents Berman. “The law requires custodians to provide records ‘as soon as practicable and without delay,’ but many custodians treat like that ‘when we feel like it.’”
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