VPD denies open record request in reported assault

The Vermillion Police Department denied a formal open records request Tuesday submitted by The Volante for the initial incident report from an alleged sexual assault in Coyote Village more than two weeks prior.

The form denying the request said the report is not subject to the state’s open records law, because the report constitutes as part of the investigation being made by the law enforcement agency.

Under the statute given by VPD Chief Matt Betzen on why the request was fully denied, he cited it as an exemption under the condition that the report was “developed or received by law enforcement agencies…and constitute(s) a part of the examination, investigation.”

The statute used to deny the request also reads it is at the discretion of the police to release information relating to the presence of alcohol or drugs found in a person’s body involved in the report, or a 911 call recording or transcript of the incident if they determine disclosing it to the public outweighs keeping the information private.

Betzen confirmed last week the investigation into the reported sexual assault is ongoing, and could take weeks, possibly months, before more information surfaces about the incident reported between two University of South Dakota students Oct.
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6.

Frank LeMonte, executive director of the Student Press Law Center, said most police departments give out the first page of incident reports.

“It is pretty rare for an entire police report to be withheld on the grounds it interferes with the investigation,” LeMonte said.