FREEDOM NEWSPAPERS, INC. v. BOWERMAN

No. 85CA0640.

739 P.2d 881 (1987)

FREEDOM NEWSPAPERS, INC., d/b/a Colorado Springs Gazette Telegraph and Ben Wood, Plaintiffs-Appellants, v. David BOWERMAN, M.D., Coroner, County of El Paso, Barney Iuppa, District Attorney, Fourth Judicial District, County of El Paso, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearings Denied April 16, 1987.

Certiorari Denied July 13, 1987.


Attorney(s) appearing for the Case

Cooper & Kelley, P.C., Thomas B. Kelley, Denver, for plaintiffs-appellants.

Gary L. Schupp, El Paso Co. Atty., Ann A. Maenpaa, Deputy Co. Atty., Colorado Springs, for defendant-appellee David Bowerman.

Barney Iuppa, Colorado Springs, pro se.


STERNBERG, Judge.

This case concerns the classification of coroners' autopsy reports under Colorado's open records laws, and the issue of who should have the burden of proving whether disclosure of a particular autopsy report will be harmful to the public interest. We disagree with the trial court's conclusion that the reports were not public records and that the Criminal Justice Records Act controls. Therefore, we reverse.

The plaintiff, Freedom Newspapers...

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