MSU Suing ESPN Over FOIA Request

Submitted by FauxMo on

http://www.lansingstatejournal.com/story/news/local/2017/05/02/msu-sues…

 

Basically, ESPN filed a FOIA request with MSU "seeking all police reports containing allegations of sexual assault since December 10, 2016," and MSU withheld some of the documents, claiming that the Ingham County Prosecutor specifically asked that those names not be released until the decision to bring charges (or not) has come. They're obviously seeking the names of the three accused/suspected football players in the long-lingering January case. 

 

I am not an expert on FOIA statutes, but it seems unlikely to me that MSU will win this case. Can a large state institution really withhold information because a local government official asks them to do so? I could be wrong, but that seems not right to me... 

 

 

Blueblood2991

May 2nd, 2017 at 6:33 PM ^

Oh wow. I didn't know about that until now.

March 30th 2017: Prosecutor's office assures that there is no missing evidence.

April 3rd 2017: Just kidding, there's 7 missing rape kits.

I get that the MSU police is different than the sheriff's office, but when the prosecutor's office already lied once it's easy to doubt anything they say.

Ty Butterfield

May 2nd, 2017 at 5:48 PM ^

Maybe they should have spent time not recruiting thugs and letting a sexual predator operate on campus for years. Crazy I know.

4yearsofhoke

May 2nd, 2017 at 6:07 PM ^

Ingham County prosecutor's office is a mess. First, they have DA getting prostitutes. Next, they replace him with a super high-profile politican. Finally, the party nominates someone with limited experience as a prosecutor....

YoOoBoMoLloRoHo

May 2nd, 2017 at 8:53 PM ^

She penned two scathing letters and its incredible that the MSU Admin is so tone deaf. Actually they are cowards for not dealing directly with the issue and accepting a leader's accountability for the mess. No wonder Hollis stays in his role, Dantonio avoids all public questions, Blackwell is still on paid leave and the program guards all info. LTT was publicly dismissed from the UM team by JH a month before charges were filed. The folks at the top are obstructionists rather than leaders.

Don Brown approved

May 2nd, 2017 at 8:56 PM ^

This adds a layer of perspective we wouldn't have without her courage to pen these letters.  Even without the football "situation", these are an indictment on MSU as an institution.  This is the definition of "lack of institutional control" by way of apathy.  Sad.

Everyone Murders

May 3rd, 2017 at 7:49 AM ^

Those letters are scathing indictments of the administration at MSU - more so than the WaPo editorial that renewed the national conversation about these atrocities.  Not only should a big chunk of MSU's administration be shown the door, the lawyer who wrote that tone deaf piece of shit message to "the MSU Community" should be broomed (unless it's a very early practitioner, in which case whoever put a newbie in charge of that task should be broomed).

William Strampel and Lou Ana Simon are at Penn State levels of lack of oversight, and should be recognized as such.  Let's remember their names, so that their misdeeds aren't forgotten as time marches on.  They deserve ostracism, and we should do our part to not let either be mentioned without bringing up that they sided with their buddy Larry Nassar rather than believe separate accounts of Nassar essentially fisting little girls who trusted him.

For those curious, there's another recent article in Deadspin about just how fucked up US Gymnastics is:

http://deadspin.com/the-u-s-gymnastics-system-wanted-more-medals-and-crea-1794525855

Everyone Murders

May 3rd, 2017 at 9:18 AM ^

But Penn State has reaped precious little of what it has sown.  It largely remains a culture of denial, and its treasured football program merely had a couple of year speed bump.

DCGrad

May 2nd, 2017 at 9:16 PM ^

Why is MSU not moving forward with the Title IX investigation? That's what got Gibbons kicked out and no charges were filed in that case. I'm not sure when that investigation started relative to the actual incident I know it was a few years at least. LTT I believed was dismissed for Title IX before charges were brought on the criminal side. One investigation doesn't depend on the other.

YoOoBoMoLloRoHo

May 2nd, 2017 at 9:30 PM ^

doing everything (or, in this case, doing nothing) with the hope of getting the 3 on the field. Their roster is already super thin, especially in the secondary and DL. If Corley cannot play some CB and WR, Vance at S and King at DE ... they seriously will have no depth or athleticism. Beyond that - how is Hollis still in his role and not even suspended? The AD is a complete tire fire but he is still in place. Pres Simon is lost.

DCGrad

May 2nd, 2017 at 10:23 PM ^

if this is incompetence or highly orchestrated negligence? Either way the problem seems to run wild in the university/AD and the Ingham county prosecutor's office. 

I am assuming that the only ones who can fire the president are the regents, and I am also assuming they are sparty slappies (I think most regents are of their respective universities). So her removal is unlikely unless there is real negative national publicity. It's shameful that it would take more than what has already occurred with the Nassar stuff, and yet I am not surprised.

NittanyFan

May 2nd, 2017 at 11:13 PM ^

I tend to think Simon's thought process was: "ugh, this issue ..... I don't really want to deal with it.  What I will do is cross my fingers and hope this goes away on its own."

That's a pretty lousy "strategy", but Simon wouldn't be the first (nor will she be the last) person to have such a strategy in instances like this.

The MSU regents are sort of doing the same thing here.  I'd bet that Simon WILL eventually either get fired or resign (at the behest of the regents).  But that won't happen until the pressure gets ratcheted up a bit (which I think is inevitable here - this isn't going away).

A Nonymous

May 2nd, 2017 at 11:19 PM ^

In addition to the criminal investigation, there is a title IX investigation underway. Led by Rebecca Veidlinger. Also, an external probe being conducted on the entire football program by Jones Day law firm. Sorry to ruin the fun with facts.

I Bleed Maize N Blue

May 3rd, 2017 at 1:05 AM ^

President Simon, you had some very strong and very appropriate words for officials at Penn State who allowed an abuser like Jerry Sandusky to walk free.

And then now that it happened at MSU, she says such predators are "virtually impossible to stop"?! How utterly appalling.

Boner Stabone

May 3rd, 2017 at 7:42 AM ^

MSU should just cut their losses and boot these 3 individuals off the team.  The longer it lingers the more damage it will cause, but as like others have said, they are doing everything in their power to get these 3 guys back on the field.

YoOoBoMoLloRoHo

May 3rd, 2017 at 8:01 AM ^

his job hangs in the balance over these three. Without them MSU has LJ, Allen, Cooper, Frey, Layne, Panasuik, Bachie and Bowers as meaningful returning contributors. Cooper and Bowers have their own red lock problems. While the core issue at MSU is much bigger and more important than football, the AD and MD are desperate to save these 3 athletes. They should cut their losses as an organization for another reason: Protecting these 3 will look categorically stupid if they play and MSU only wins 2-4 games. These 3 won't lift them to a winning team with the scraps on the roster.

DCmissingAnnArbor

May 3rd, 2017 at 8:48 AM ^

I get why MSU would want to take the CYA approach, especially after what Minnesota went through last year, but it seems there are better alternatives. It seems they could acquiesce to the FOIA, and simply say "the individuals in question are innocent until proven guilty. However, due to school policy, while the investigation is being concluded, they are suspended from team activities." 

This extended fight to keep names out of the public view (that are going to get out anyways) is starting to paint them in a light that is not helping their public image.

Opinion25

May 3rd, 2017 at 2:53 PM ^

I will admit it -- I have a shamefully strong curiosity to know more. However, let's await judgement for all parties. MSU is right to want a court order IF the prosecutor asked them to wait.

When we know more, it might be that there is a good explaination or the prosecutor or MSU are guilty of something.

A good explanation you ask? If a plea bargan is being considered, I feel that the views of alleged victims should be consdered by prosecutors. If alleged victims and alleged perps differ on what they are willing to compromise on, negotiations can take appreciable time.

OTOH, what has happened may be inexcusable, and the guilty parties should be held accountable once details come out.

Dailysportseditor

May 3rd, 2017 at 3:55 PM ^

When will public administrators learn that covering up for accused students and coaches NEVER is the moral and smart response to allegations of sex abuse or other crimes? All the facts can NEVER be suppressed. Transparency is the best policy. If the school has enough information to suspend a student or coach pending further investigation or criminal prosecution, it should release that information to the public. That is your job when you are paid by the public and ostensibly serve the public. For those who want to delve in the Michigan FOIA provisions, look here: http://www.dmlp.org/legal-guide/access-public-records-michigan