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5/6/00
Attorney files FOI lawsuit against Carroll County sheriff’s office

Kirby Sanders, The Morning News of Northwest Arkansas

Attorney Brad Karren filed Thursday a civil lawsuit against Carroll County Sheriff Chuck Medford claiming Medford refused to release public documents necessary to the defense of a criminal case.

Karren claimed that Medford refused to supply copies of his office’s policies and procedures manual, a search warrant affidavit and other notes and documents relating to a drug charge against his client, Buddy Ray Bunch.

Karren delivered the request for information in person on April 14 to Beth Reely as custodian of documents for the sheriff’s office, according to the complaint. Reely allegedly told Karren that the letter would be delivered to Medford.

However, Karren said, Reely then told him that his request was forwarded to detective Leighton Ballard. Ballard reportedly told Karren the request was then forwarded to Carroll County Prosecutor John Casteel.

There, Karren said, the ball stopped.

According to the Arkansas Freedom of Information Act, Karren explained, the personal delivery of the request should have been met with an immediate presentation of the documents for inspection. The law allows three days for presentation of documents if they are in storage at facilities away from the main record area.

Karren noted, however, that he received neither the documents nor further information regarding the status of his request until 11 days later. That notice was in the form of a two-line letter from Casteel.

Despite the presence of the defendant’s name on the letter of request, Casteel’s response noted only that “The Carroll County Sheriff’s Department has no documents assigned to the specific case number cited.”

Karren’s letter also requested the “entire text of Carroll County Sheriff’s Office Policy and Procedure manual.”

That document, he said, should be available despite any question of case numbers, as it would apply to all cases.

“They can’t tell me this policy and procedures manual doesn’t exist,” Karren said in an interview. “I requested it in a case several months ago. They didn’t send me all of it, but what they did send is marked as ‘section 95.’ If section 95 is out there, one would think that sections one through 94, if not others, would exist as well.”

Casteel could not be reached for comment.

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