HOT SPRINGS -- Garland County's circuit judges said Thursday that they were recusing from hearing a Freedom of Information Act lawsuit that seeks the release of 911 recordings involving the death of Circuit Judge Wade Naramore's son.
Little Rock attorney and blogger Matt Campbell filed the complaint against Hot Springs Police Chief David Flory on Wednesday, seeking a hearing to address the denial of his request for the recording.
City Attorney Brian Albright denied Campbell's Oct. 20 records request for 911 calls made by Naramore or others after the July 24 death of Naramore's son. Albright's response cited Martin v. Musteen, contending that the recordings fell under an exemption in Arkansas code involving "undisclosed investigations."
"The Arkansas Supreme Court has stated in this regard that 'if a law enforcement investigation remains open and ongoing it is meant to be protected as 'undisclosed' under the act,'" Albright said in his response to Campbell's request.
Second Judicial District Prosecuting Attorney Scott Ellington said Thursday that the recordings are part of his investigative file and that he had asked Albright and Flory that they not be released. Ellington is the appointed special prosecutor leading the investigation into the death of 18-month-old Thomas Naramore.
A preliminary investigation determined that the child died from "excessive heat" after being left unattended in a car for an unknown amount of time.
Campbell's suit was assigned to Division 4 Judge Marcia Hearnsberger. She filed a letter of recusal Thursday.
The office of Division 1 Judge John Homer Wright said he had signed the recusal letter, and Division 3 Judge Lynn Williams said he was also recusing.
"We want to make sure everyone knows this is on the up and up," Williams said Thursday. "If one of the local judges handled this case, there could be the appearance of impropriety, and that's the last thing we want."
Hearnsberger's letter requests that the chief justice of the state Supreme Court appoint a special judge to hear the case.
Special judges have presided over Naramore's court since late last month, as he has not returned to work since his son died.
Meanwhile, Ellington said he's waiting for a report that could allow him to conclude his investigation.
"When it gets here, I could make a final decision, unless it leads to something else," he said. "Sometimes it's like peeling an onion. You get through one or two layers, and it gets more tedious as you go. That's how this investigation is."
Campbell said the substance of the recordings wasn't foremost in his rationale for filing the Freedom of Information Act request and the subsequent complaint.
"For me, it's entirely about the application of the [Freedom of Information Act]," he said. "It has nothing to do with the content of the recording. It's more about whether they should be released, not about what might be in the recordings."
Campbell's filing argues that the recordings aren't "investigative in nature" because they don't speculate on the guilt of a possible suspect or contain opinions from law enforcement officials concerning the credibility of evidence or witness statements.
The complaint says Naramore's 911 call was made before the investigation was opened and that exempting it from disclosure doesn't serve a "genuine interest in ensuring secrecy."
"Everyone agrees 911 calls are public record," he said. "The burden is on the city of Hot Springs to establish that the exemption does apply."
State Desk on 10/30/2015