Courier-Journal opposes secrecy in LMPD Youth Explorer lawsuit

The Courier-Journal filed a motion Thursday opposing a protective order that would allow continued anonymity for the former Explorer Scout who has sued two former Metro Louisville Police officers for sexually abusing him and the department for concealing it.

The order sought by attorneys for the plaintiff, identified as N.C. in court documents, also would allow witnesses to ask that they be identified only by their initials, and it would let the plaintiff unilaterally declare any medical or psychiatric records confidential.

The Courier-Journal’s motion filed Thursday by attorneys Jon Fleischaker and Jeremy Rodgers asks Jefferson Circuit Judge Judith McDonald-Burkman to deny the request for a protective order. The Courier-Journal has not identified N.C. or any other potential victim, typically does not name people who allege they’ve been sexually assaulted and has no plans to publish the names of the unidentified people in this case, said Joel Christopher, executive editor.

“Secrecy is not appropriate as to any aspect of this case,” the news company’s motion says. “The highly public nature and the extreme public interest in seeing that justice is openly served in this case cannot be overemphasized.”

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The Courier-Journal motion also notes that N.C.’s lawyer wants to keep the identities of potential additional plaintiffs secret and to allow witnesses to testify anonymously.

“That is simply not how our justice system works,” the motion says.

In a lawsuit filed last month, N.C., now 22, alleges that Officers Kenneth Betts and Brandon Wood raped him and that the department covered it up. Both officers were indicted last week, Wood’s for sexually abusing N.C. and Betts for sodomizing two others.

One of N.C.'s lawyers, David Yates, has said that he should be identified only by his initials to protect his privacy and to avoid discouraging others from coming forward.

The suit was initially filed under seal but the Courier-Journal and other parties successfully moved to unseal it. McDonald-Burkman will hear arguments May 3 on identifying the plaintiff.

The Courier-Journal’s lawyers say that any attempt to impose a gag order on the disclosure of N.C.’s name – even if learned outside of court – would impose an improper prior restraint on free speech.  They also say the request to maintain secrecy of evidence and court records would violate constitutional and common law rights of public access to court proceedings. The Courier-Journal has known N.C.’s identify for several months and has not published it.

In a statement, the Courier-Journal’s executive editor said the motion is “about preserving the integrity of the legal system, not about exposing the identity of the alleged victim in this case.”

“Court rules demand that adults who file lawsuits reveal their identities, and there are compelling reasons for such transparency," Christopher also said. "Our justice system protects the rights of everyone by demanding a public record when an adult makes an allegation against another person, and reasonable people can quickly see how dangerous it would be to have a system that sanctioned anonymous court actions.”

County Attorney Mike O’Connell, whose office is defending N.C.’s suit, said at March 30 hearing that that former Explorer Scouts who allege abuse in the police youth program should not be allowed to remain anonymous. But later the same day he issued a statement saying neither he nor Mayor Greg Fischer want to reveal their names.

Betts resigned in 2014 after he was accused in an internal complaint of having improper contact with a girl in the Explorer program, which introduces 14 to 19 year olds to police work.  Wood, who was stripped of his police powers last October and placed on an administrative assignment, was fired last week after his indictment.
Both officers have pleaded not guilty.

Reporter Andrew Wolfson can be reached at 502-582-7189 or awolfson@courier-journal.

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