Although it’s hard to break the habit, Magistrate Judge Thomas Saxton should not agree to seal the records regarding the alleged murder of Iolan Shawn Cook.
Allen County Attorney Jerry Hathaway has requested Judge Saxton keep the probable cause affidavits sealed from public view. Such documents contain information as to why officers suspect a crime occurred in connection with Cook’s death in mid-March, including the subsequent arrest and incarceration of two people.
Cook’s family, especially, deserves to know such information and should not have to wait — probably many months more — until the official trial begins to hear such testimony.
For more than 35 years, Kansas judges have kept the lid closed on the public’s right to know about such investigations, including search warrants and arrests. It’s only been since 2014, when Kansas legislators amended state law, that officers’ “probable cause” contained in affidavits, have become a matter of public record.
Simply put, people have a right to know why law enforcement personnel have reason to believe they have committed a crime.
Of course, there are exceptions — nine to be exact, including whether the information may jeopardize the safety of someone involved in the case; interfere with the investigation or prosecution, or reveal the identity of any confidential source.
So each request must be considered individually as to whether it contains sensitive information and whether that can be redacted, so those interested can see at least an altered version, or whether it should be sealed in its entirety.
THE TRUTH is powerful. For families needing closure, it can help mend wounds or eradicate doubt.
The truth also will stand the test of time, so any facts that come out in the affidavits now will remain viable when the case comes to trial.
As Judge Saxton weighs the merits of the request to keep such testimony sealed, we trust getting the truth out now will do far more good than harm.
— Susan Lynn
