The Glasgow Daily Times missed its 10-day window of opportunity to file a motion in the newspaper’s open records case against the Barren County Fiscal Court, according to the fiscal court’s attorney.
In an ongoing battle over access to private investigator Michael J. Ober’s records of his investigation into the Barren County Detention Center, the Daily Times filed a motion on Sept. 10 to enforce the Barren County Circuit Court’s Aug. 16 order that the fiscal court hand over the jail records, or find the fiscal court in contempt. The Daily Times’ attorney, Jeremy Rogers, also argued in the motion that the fiscal court should be responsible for paying the newspaper’s legal fees.
A brief trial at the beginning of August led to Judge Phil Patton’s ruling in agreement with the Kentucky Attorney General that the fiscal court violated open records law when it denied the newspaper’s May 9 request for access to Ober’s report.
The fiscal court argued, at trial and throughout the appeals process, that it should not have been held responsible for giving the Daily Times Ober’s report, because the fiscal court did not have physical possession of the report. After paying $3,500 for Ober’s investigation, Barren County Fiscal Court voted for Ober to hand his report straight to the FBI, under the belief that the records would not be public if the government agency did not hold onto them.
For teh full story, see the print or e-edition of the Glasgow Daily Times.