From Deseret News archives:
Attorney general's office denies request for search warrant information
The district office was searched in July by criminal investigators with the attorney general's office. A source with knowledge of the search said authorities seized records and computers. The individual asked not to be identified because they are not authorized to speak to the media.
After learning about the search in late August, the Standard filed a request under the Government Records Access and Management Act seeking the location of the court where investigators filed their application for the school district search warrant. The request also sought the date that application was filed.
The attorney general's office denied the request, claiming that the information sought was protected under state law because it would disclose "an attorney's work product, including the mental impressions or legal theories of an attorney or other representative of a governmental entity concerning litigation."
Still, Torgensen denied the appeal. He advised the Standard that the information it sought was the subject of a court-issued secrecy order.
State law allows a prosecutor to ask a judge to put otherwise public records under a secrecy order during the course of an investigation. A judge can grant the request if a prosecutor can show that releasing the information would pose a substantial risk of harm to a person's safety; would cause a clearly unwarranted invasion of privacy or harm to a person's reputation; or would prove a serious impediment to the investigation.
"I don't think secrecy orders are that unusual in criminal investigations," said Jeff Hunt, a Salt Lake-based attorney who regularly represents Utah media outlets, including The Salt Lake Tribune and Deseret News. "I think what is very unusual is for the secrecy order to not even be on the docket of the court ... or to get a copy of it so you can challenge it. That's very unusual."
Hunt said one of the fundamental principals of the U.S. justice system is that the public has the right to at least know of a sealed court document or closed proceeding so it can be challenged.
Recent comments
"'I don't think secrecy orders are that unusual in criminal...
Lawyers don't keep their motions | Sept. 30, 2008 at 9:13 p.m.
This is extremely disturbing. The State has no real right to be...
bhparkman | Sept. 30, 2008 at 8:27 p.m.
It doesn't take much imagination for anyone to make a pretty good...
Curious George | Sept. 30, 2008 at 8:17 p.m.
- NFL: Week 12 recap 12:50 a.m.
- '12 Days' bill would top $87K 12:35 a.m.
- Study finds autism therapy works 12:35 a.m.
- Boy shot following traffic stop 12:35 a.m.
- Sports on the air 12:24 a.m.
- Herbert builds his team of rivals 12:21 a.m.
- Corroon a step closer to governor 12:21 a.m.
- Monday on TV 12:18 a.m.
- Editorial: East, West and religion 12:17 a.m.
- A deficit commission? 12:17 a.m.
- Hall mouths off about hate of Utah
- BYU is champion of the state
- Cougars beat Utes in overtime
- Credit Coug defense for win
- Marriage definitions vary widely
- Field goals, penalties doomed Utes
- Cougar defense rose to occasion
- Banged up Jazz get best of Blazers
- Jones' joy for life remembered
- Fantasy is reality for BYU professor
- Hall mouths off about hate of Utah
869 - Cougars beat Utes in overtime
473 - Max Hall issues apology
145 - BYU is champion of the state
137 - Man trapped in Nutty Putty cave dies
117 - Cave to be sealed with body inside
116 - Rivalry Week is highly profane
90 - Hall's legacy measured today
79 - Hall's pain reflects self-betrayal
68 - Utes fall to Seattle U. at home
65
I wanted to tell them not to go. I dropped subtle hints. "My money is on...
When I was a kid, I worshipped my grandpa. He was undoubtedly my hero....
I find it interesting that many of the same people who say that we can't...
None of these teams is going to be easy. They all have fine football...
Max, no apology was necessary, but the apology was polically correct. If...
Very good piece of writing, Amy. You summarized what many of us have been...
How is a top 25 finish make Utah a top twenty team? I think what the poster...
90% of the BYU & Utah fans have class, and Hall knows it. If you don't...
This might be my favorite article I've ever read from the Deseret News. Kudos.
Thank you for not giving up and don't give up now brother and sister...
Dr. Lois Lee's work with children who are victims of child sexual...
Look at the preview for Pixar's "Up". The whole move is summarized in...


