Legal wrangling continues over Maryland escort service's 'black book'

By The Associated Press

11.08.02

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BALTIMORE — The city of Frederick, Md.'s fight to keep secret "black book" records from an escort-service raid turns the state's public information act "upside down," judges of the state's second-highest court were told yesterday.

Attorney Henry Abrams said the act favors disclosure of agency records. The argument that releasing records would be an unwarranted invasion of privacy "clearly shifts the burden" to the public for proving why the records should be released, said Abrams, who is representing The Frederick News-Post in the case.

The city is appealing a lower court ruling allowing the release, which several news outlets have sought because of allegations police used a client's list to blackmail elected officials.

Howard Schulman, who is representing the city of Frederick, said releasing the records could provide information on individuals who may only be tangentially related to the case, jeopardizing their right to privacy. Under the act, release of the records can be refused if it's not in the public interest or if the records are part of an investigation, Schulman told the three judges.

Judge Sally Adkins asked if the city's case rested on invasion of privacy or the right to refuse to release investigative materials.

Schulman said investigative materials was the key point. He said the case was no different from a case in which a gun-rights group, the Maryland Committee Against the Gun Ban, sought police records after a raid on its office that led to an excessive-force investigation against one officer. The group's request was denied because the records were investigative records, Schulman said.

"How is this case different from the Maryland Gun Ban case? The answer is, it is not," Schulman told the judges.

Abrams said the "mere fact that these are investigative materials is not enough to shield them."

The judges did not indicate when the court would rule on the appeal.

The name of a political ally of former Mayor Jim Grimes was found in material seized during the raid and Grimes' efforts to prevent their release was viewed as one of the reasons for his failure to win re-election.

While new Mayor Jennifer Dougherty has since released some material from the investigation, the city has continued the appeal. Ending the appeal would relieve the city's insurer of responsibility for lawsuits that could stem from the release and expose taxpayers to liability, Dougherty has said.

The client list and other items were seized by Frederick police during a 1999 raid. The list — containing the name of former Alderman Blaine Young — and other records then became the subject of a court fight year between Grimes, a Young ally, and news organizations that claimed the documents were public records.

Frederick County Circuit Judge G. Edward Dwyer ruled last November that some of the records should be given to The Frederick News-Post and the Associated Press, but restricted the news organizations to publishing only the names of public figures.

Dwyer then stayed the order, pending appeal, with respect to documents in the city's possession, leaving open to inspection by the news media some shredded and unshredded papers and computer disks that have been in the court's possession.

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News media win yearlong battle to access madam's 'black book'
But Maryland judge orders organizations not to publish names of private citizens included in records.  11.10.01