Virginia attorney speaks on public records law amid search for Travis Turner
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RICHMOND, Va. (WJHL) — In the midst of an intense search for Union High School’s football coach, Travis Turner, the local community is grappling with uncertainty surrounding the unfolding investigation and Turner’s tenure at the school.

The quest for clarity is complicated by Virginia’s state laws, which mean that simple public records requests may not easily yield the answers sought by the community.

On Tuesday, Virginia State Police revealed that 10 warrants have been issued against Turner. These include five counts of possessing child pornography and five counts of using a computer to solicit a minor.

Chuck Slemp, who previously served as Wise County Commonwealth’s Attorney and now practices law at Cozen O’Connor, explained the process behind issuing such warrants. He noted that the issuance requires presenting the case to a magistrate, who assesses the evidence to determine if there is probable cause to proceed with a warrant.

“The Fourth Amendment of the United States Constitution mandates that probable cause be established before an arrest warrant can be issued,” Slemp elaborated. “If law enforcement suspects a crime, they need to collect the facts and examine the evidence thoroughly. In complex investigations, substantial evidence gathering is crucial. Law enforcement officials aim to ensure accuracy before approaching a magistrate, and the intricacy of the case can influence this process.”

In Virginia, law enforcement is allowed to reveal as much or as little as they want regarding an active investigation.

“There is a reluctance to provide information on behalf or police or prosecutors, not because of secrecy, but because of stewardship of an active investigation,” Slemp said. “Releasing too much information can jeopardize witness interviews, evidence collection, and ultimately, the prosecution. Ultimately, you want to make sure that you are trying a case in court, not in the public.”

Slemp said that under the Virginia Freedom of Information Act, law enforcement prioritizes the public release of information to the broadest extent possible in order to protect the integrity of police investigations, thus records pertaining to an active investigation are exempt from FOIA.

School systems in Virginia are subject to the Freedom of Information Act, but some personnel matters are exempt.

“Public records about someone’s hiring and firing dates and anything of that nature can be shielded from public release because it is exempt from FOIA, and that’s because the employee has a privacy concern,” he said. “Under the First Amendment and under the Freedom of Information Act, the public’s right to know is also balanced against a person’s right to privacy.”

These rights to privacy do not change when a person is named a suspect, person of interest or fugitive.

Additionally, a school system is still not required to name an individual involved in an active investigation.

“During an active criminal investigation, a school is not required to release the name of an alleged fugitive or an employee who’s been placed on administrative leave,” Slemp wrote in a text message to News Channel 11. “In fact, Virginia law discourages it. Schools are permitted to withhold it to protect the individual’s privacy, to preserve due process and to avoid interfering with law enforcement operations.”

When an investigation is completed, the documents pertaining to an investigation become public record. However, law enforcement still has the right to redact personal information.

“Someone’s social security number, for instance, if it’s on a warrant you want to black that out,” Slemp said. “You’re also going to block out birthdates and personal identifier information. Potentially, information about a victim can be redacted, especially with victims who are minors. All of these processes are normal. It’s often a balancing act, and you’re just going through a document and compare the law with what’s releasable and what isn’t”

Slemp said these factors and laws are in place to balance the right to information with the due process of an investigation.

“We’re in the information age, and everybody expects to be able to know everything right now,” he said. “Transparency is important, but so is preserving the integrity of a criminal case. That’s why Virginia law is clear. Investigative files are protected so that law enforcement can do their job without compromising the prosecution, without compromising the case. Oftentimes, the public is frustrated by that because they want to know, and we expect to know because we’re in the information age, but there is reason why not every factor is given at the very onset of a case.”

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