Naperville PD Must Explain FOIA Denial In Fatal Crash Involving Officer: Attorney General

NAPERVILLE, IL -- The Illinois Attorney General gave the Naperville Police Department seven business days to respond to a letter, sent yesterday, requesting information regarding the denial of a Freedom of Information Act request sent to the city. The Naperville Sun sent the request on April 11 for police reports pertaining to the fatal accident involving a Naperville police officer, which killed 73-year-old Phyllis Manderson-Davis on April 8.

Information about the accident at the intersection of Ogden Avenue and Feldott Lane was not made public for three days. When it was made public with sparse details, the Naperville Sun sent the Freedom of Information Act request to the city, but was denied for unspecified reasons. The Freedom of Information Act requires public bodies to release documents to the public, via formal requests, unless there are legitimate reasons not to do so, like security.

The Illinois Attorney General's office wants to know why the Naperville Sun's request was denied. The letter drafted to the police records manager requested a "detailed written explanation" concerning the handling of the Sun's request, according to the publication.

Assistant Attorney General Christopher Boggs also requested that the records manager cite the specific reasons why the request was declined. He asked for "the factual and legal bases for the applicability of any exemptions [to releasing information], together with an unredacted copy of the requested records for this office's confidential review."

Acting Naperville City Attorney Michael DiSanto said the police department approves or denies information requests after consulting with the city's legal department.

According to the Naperville Sun, DiSanto said the request was "denied on the basis that the investigation is still open and pending." The DuPage County Accident Reconstruction Team is currently investigating the incident. "Our intention is to maintain the impartiality of DuPage County's investigation until it's complete," DiSanto said.

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