Buffalo, NY (WBEN) State Supreme Court Justice Gerald Greenan, III, denied an Article 78 petition filed by the Federal Public Defender’s Office for the Western District of New York, which sought to compel the release of records in the Tops shooter case..
Last February, the Federal Public Defender’s Office submitted a Freedom of Information Law request to the Erie County District Attorney’s Office in an attempt to obtain discovery materials in the state case. The DA's office denied that request, citing state and federal protective orders banning the disclosure of records
The Federal Public Defender’s Office then filed an Article 78 petition, requesting that the Court compel the disclosure of the records. The Court agreed that the records sought by the public defender's office are not subject to disclosure under Freedom of Information Law as the materials are directly implicated in an active federal capital prosecution.
Public Officers Law, Section 87, authorizes an agency to deny access to records compiled for law enforcement purposes where disclosure would “interfere with judicial proceedings." Additionally, United States District Judge Lawrence J. Vilardo, who is overseeing the federal case issued a protective order governing all discovery material in the federal case.
“I am pleased that the Court upheld our office’s determination by denying this Article 78 petition. Transparency is a fundamental principle of our justice system, but we must carefully balance our obligations under Freedom of Information Law while abiding by court orders, protecting the integrity of investigations, safeguarding victims and witnesses, and ensuring fair due process for the accused,” said Erie County DA Mike Keane.
The shooter is serving a life sentence after pleading guilty to state crimes.