Monday, June 15, 2009

District fights release of findings in PRP player's death

What am I missing here?

On March 3 JCPS spokeswoman Lauren Roberts said it could be "at least four to six weeks" before details of the district's investigation into the death of Max Gilpin would be released. On April 14, JCPS Superintendent Sheldon Berman said it "could be another four weeks."

Yesterday, Berman told C-J's Toni Konz the file is "very close" to being completed. "I am expecting to be able to review it within the next week or so," he said. "From there, it will be made public."

But today at 3 pm, JCPS attorneys will go into court arguing against releasing the report - not just delaying its release - saying it is protected by "attorney work product."

It certainly looks like JCPS is throwing knuckle balls. Why?

This from Toni at C-J:

Commonwealth attorney subpoenas district's file
Officials with Jefferson County Public Schools are fighting an attempt by the commonwealth attorney's office to obtain their investigative file in the death of Pleasure Ridge Park High School football player Max Gilpin.

Prosecutors with the Jefferson Commonwealth Attorney's Office issued a subpoena June 3 after several failed attempts over the past five months to obtain the file, saying they need the information to proceed with their criminal case against former PRP head football coach Jason Stinson.

Stinson has pleaded not guilty to reckless homicide in connection with Max's death on Aug. 23 of complications from heat stroke.

Lawyers for the school district filed a motion Tuesday to quash the commonwealth attorney's latest effort to obtain the district's findings, arguing that the investigation is incomplete and is protected by attorney work product.

In response, the commonwealth attorney's office filed a motion Thursday asking Jefferson Circuit Judge Susan Schultz Gibson to force the district to hand over its findings.

Byron Leet, an attorney representing the school system, said yesterday that it "would be a mistake for the district to release the file" while the investigation is ongoing, adding that "we are not convinced that they (prosecutors) need that file in order to go to trial."

Steve Tedder, a spokesman for Commonwealth Attorney Dave Stengel, said prosecutors need the file to ensure justice is done in Stinson's case...

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