Judge lets lawyers see Killpack report and dashcam video

Published: Tuesday, May 4 2010 12:00 a.m. MDT

SALT LAKE CITY — Third District Judge Denise Lindberg on Monday signed an order that lets lawyers for three media outlets privately review the squad car dashcam video and read the full arrest report for former Senate Majority Leader Sheldon Killpack, who was arrested in January on a misdemeanor DUI charge.

Officials for the Utah Department of Public Safety have declined to release the video and report to the media because they say they are concerned this could interfere with an ongoing investigation and jeopardize Killpack's right to a fair trial.

Meanwhile, media representatives contend these are open public records that should not be kept secret. They also typically are released in cases involving less-prominent defendants. The Deseret News and Salt Lake Tribune have joined KTVX in the court action challenging the state's refusal to release the records.

Lindberg set a bench trial for May 27. Killpack will face a separate bench trial May 25 on charges of DUI, a class B misdemeanor; and failure to signal, a class C misdemeanor. He has pleaded not guilty.

Killpack also is appealing the suspension of his driver's license, and a bench trial in that case is set for the afternoon of May 25.

Killpack, 41, was arrested Jan. 15 by a trooper who said he observed a poor driving pattern. Killpack's blood-alcohol level was shown to be 0.11; the legal limit is 0.08. He resigned from the state Legislature the day after the arrest.

— Linda Thomson

Get The Deseret News Everywhere

Subscribe

Mobile

RSS