http://www.baltimoreexaminer.com/opinion/120708editorial.html

Is the state covering up murder?

By The Baltimore Examiner Newspaper
- 12/7/08

Why would the Maryland medical examiner refuse to release essential public information on hundreds of “undetermined” deaths?
State law offers no exemption. The attorney general’s latest manual on our Public Information Act says these public records are open. Police have no objection. Families of the deceased want details out in the open.

In fact, the attorney general specifically states legal exemption for private, personal medical records “does not protect from disclosure autopsy reports of a medical examiner,” and that even in criminal cases, “A custodian of investigatory records must nonetheless disclose them to any person, unless the custodian determines that disclosure would be ‘contrary to the public interest’ or unless other law would prevent disclosure.”

State Medical Examiner Dr. David Fowler cannot or will not cite any “public interest” served by secrecy. He cannot or will not cite any statute or court ruling to justify withholding this public information.

Spokeswoman Cindy Feldstein replied by e-mail to Reporter Stephen Janis only that “Location of incident is not public.”

Wrong. For one thing, all government information is public. The only question is whether it is open or falls within precisely limited exceptions allowing secrecy.

When in doubt about a government record, the attorney general makes it clear: “[The] general right of access to records is limited by numerous exceptions. ... Given the PIA’s policy in favor of public access, and the requirement that the PIA ‘be construed in favor of permitting inspection of a record,’ these exceptions should be construed narrowly.”

That means when in doubt, let it out.

So, what is Fowler hiding? For whom and why? This government secrecy makes no sense.
Here’s the story. In September, Janis filed an MPIA request for full names, ages, dates of death and locations of body for all women ruled “undetermined” in the past 10 years in Baltimore City.

The medical examiner’s office provided only last names, and estimated dates and causes of death.

Fowler won’t release the number of “undetermined” deaths since 2005, when there were 814 statewide. In 2004 Baltimore City had 341 of Maryland’s 807. That same year, Washington, D.C., had only 76.

Undetermined deaths add nothing to the city’s murder rate. Police do not have to investigate them.

In Baltimore three years ago, a community activist accused the city of covering up a serial strangler of prostitutes. Official response was vehement denial. Yet in 10 years, police solved only seven murders of 26 women with histories of prostitutionⁱ.

What we don’t know is how many of the “undetermined” deaths may have been murders. Families of some victims are convinced they were.

Letting the public know their full names and where they died would be one small step toward either putting rumors to rest or killers behind bars.

Killing streets
Click on the headlines below for more from The Baltimore Examiner's coverage of attacks against sex workers on the city's streets.

Who is killing the prostitutes?

Prostitute tells harrowing tale of assault

Dixon says city working hard to crack unsolved slayings

Love of heroin greater than fear of danger for Baltimore sex worker

Three minutes with Sidney Ford on protecting prostitutes

'He thought I was dead' – Baltimore woman identifies man charged with attacks on prostitutes

Addiction, crime plague area where sesker's body was found

Baltimore police chief: Two of five stranglings probably aren't related to others

Allegations of serial predator shock Baltimore neighborhood

Deaths on Baltimore City streets rattle local sex workers

Suspected predator may face more charges

Records: 5th Baltimore City strangling victim a prostitute

Three more slayings of hookers remain unsolved from 2003, records show

Special squad to investigate Baltimore stranglings

Four prostitutes strangled since April

Attorney: Police knew 'serial rapist' on the loose since '05