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Saturday, July 26, 2008

Suit Frees Up Photos of Bishop

By Colleen Heild
Journal Staff Writer
       An out-of-court settlement has cleared the way for the release of emergency room photos of injuries suffered by former Roman Catholic bishop of Gallup Donald Pelotte in what he said was a fall at his home a year ago.
    The settlement apparently ends a lawsuit filed by the city of Gallup asking that a judge decide whether photos taken by city police were considered public records. Among the defendants was KRQE-TV reporter Larry Barker, who first requested copies of the photos.
    "The irony is they're the ones who picked the fight, and in the end they were the ones who had to step back and say, ‘Yeah, this wasn't the best way to handle this,' " said Albuquerque attorney Marty Esquivel, who represented Barker.
    Pelotte resigned in May after the injuries he suffered in July 2007 prevented him from returning to his duties in Gallup.
    Barker asked for the photos and an accompanying police report after questions arose as to how Pelotte, then 62, was injured. Pelotte said he fell at his home, but some speculated that he may have been attacked.
    The settlement agreement states that the city agrees to produce the requested photos and pay Barker $2,500 in attorney's fees.
    The city also promised to adhere to the state Inspection of Public Records Act, in particular to its requirement that the city's records custodian make the initial decision as to whether a requested document qualifies as a public record.
    That didn't happen when Barker requested the photos.
    Instead, George Kozeliski, then Gallup's city attorney, took the unusual action seeking a judicial ruling after an attorney for the diocese and the bishop objected to the photos' release, contending that releasing them would violate Pelotte's right to privacy.
    Kozeliski said at the time, "The city's just caught in the middle."
    Attorney Lynn Isaacson, who represented the city of Gallup, could not be reached for comment late Friday.
    Pelotte suffered a disabling head injury. Archbishop Michael J. Sheehan said in May that the bishop had struck his head on a hard tile floor in the fall.
    Gallup police took photos of his injuries in the initial belief that a crime had occurred.
    The severity of his injuries, including head trauma, scratches, bruising and a swollen-shut right eye, initially led a police officer and medical personnel to question whether he had been attacked.
    Under the settlement, the city also agreed not to take any legal action against a person who requests information or a document under the state public records act without first responding to that person.
    In Barker's case, the city never formally denied the records request.
    "All we did was ask for a public record, and the response was to be sued," said KRQE-TV News Director Michelle Donaldson, who called the settlement a victory for the state public records act.