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Officials Unnecessarily Prolonged Release of Amended Elijah McClain Autopsy Report, CFOIC’s Zansberg Says

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  • Colorado Freedom of Information Coalition

    The Colorado Freedom of Information Coalition is a nonpartisan alliance of groups, news organizations and individuals dedicated to ensuring the transparency of state and local governments in Colorado by promoting freedom of the press, open courts and open access to government records and meetings.

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The public release Friday of the amended autopsy report on the 2019 death of Elijah McClain ended a legal fight that didn’t need to happen, said Steve Zansberg, president of the Colorado Freedom of Information Coalition.

In a statement announcing disclosure of the July 2021 amended report, Adams County Coroner Monica Broncucia-Jordan suggested she is a champion of transparency, writing that, as an elected official, she has “a democratic duty to provide citizens with information … This is a win for the people of Adams County and every family here in Colorado. Openness prevails.”

But Broncucia-Jordan unnecessarily prolonged the amended report’s release by more than a month when she denied Colorado Open Records Act (CORA) requests for the document made by Colorado Public Radio and other news organizations, forcing them to go to court, contended Zansberg, a First Amendment and freedom-of-information attorney who represented CPR, its reporter Allison Sherry, and five other news outlets in a lawsuit against the coroner.

“It is unfortunate that public officials — both the Adams County coroner and the attorney general — did nothing to clarify Ms. Broncucia-Jordan’s obligations under the law when she was first asked to release the public record on Aug. 12,” he said.