KPD Set To File Motion To Dismiss Against NSM
On March 17th, 2021, Never Stop Media filed a Writ of Mandamus Lawsuit against the Kenosha Police Department seeking records from 13 open records request filed over the course of 9 months. In multiple conversations with PIO Lt. Joseph Nosalik who is named in the lawsuit 12 of those requests have been denied while the 13th request is allegedly being processed. Since the filing of the Mandamus suit, Never Stop Media has subsequently filed 17 more open records requests, most of which have also been denied and awaiting response on the others. https://neverstopvoices.com/blogs/news/never-stop-media-sues-kpd-for-records
Generally speaking “it is public policy that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them. The public records law must be construed in every instance with a presumption of complete public access, consistent with the conduct of governmental business. The denial of public access generally is contrary to the public interest, and only in an exceptional case may access be denied”.
To outline just a few of those requests, Never Stop Media filed multiple times for the personnel file of Det. Pablo Torres along with a 200 page report that was written about Torres outlining his Excessive Use of Force and Misconduct. These records were given to Fox6 several years ago after Torres shot two individuals, killing one. It is highly discriminatory in nature to supply records to one media outlet and deny another.
Multiple requests have been sent in regarding Kevin Glowicki and Never Stop Media prior to the Mandamus suit as well as during and after the filing once NSM learned that “screen shots were taken of Glowicki and sent around to detectives inside the KPD”, along with phone conversations being recorded, verbal harassment during those phone conversations based on articles that the KPD did not like, and these records have been denied.
Several requests have been filed surrounding the legitimacy of the “mandatory curfew” that was enforced during the week of the unrest. Glowicki states he was told “no such documents existed” at the time during the unrest and finds it “highly suspicious that after a Federal Lawsuit was filed, 3 weeks later documentation surround that curfew appears”. Which Glowicki was also denied that document.
Multiple requests have been filed regarding the unrest in Kenosha from August 2020. These requests have been written differently both of which were denied for two different reasons; one stating that NSM needed permission from the Kenosha County District Attorney’s Office despite never filing a request with the DA’s Office which the request then falls back on the KPD, and then a second request was denied for being “overly burdensome”. A phrase that has been thrown around too many times regarding every request that NSM has filed. Since the denial of these requests, NSM has filed 12 additional requests essentially breaking down the rather large request that was initially filed. NSM is still waiting on a formal decision for those requests. NSM feels strongly with almost a year that has passed that the residents of Kenosha deserve transparency in what happened during the unrest and following protests. “We are fighting for those records, so we can show the public what really happened on both sides during that week. One of the reasons we are releasing over 579 video clips that will be transformed into around 40 videos during the days of August 23rd, 24th, and 25th. The public has a right to see these things especially since our community was affected.” states Kevin Glowicki, owner of Never Stop Media.
On April 23rd 2021 at 10:00am, the Mandamus Hearing officially commenced with a scheduling hearing in front of Judge Chad Kerkman and to discuss elements of the proceeding from both sides. Never Stop Media is expected to file a written legal brief with the courts by April 30th, 2021 outlining the cause for the civil action along with legal argument of why records should be released. The KPD’s Attorney, Bryan Charbogian stated they would be filing a Motion to Dismiss which needs to be filed with the court by May 14th. NSM will have a chance to respond to the motion and have that filed by May 28th.
Both NSM and Attorney Charbogian mentioned the submission of evidence to Judge Kerkman for which an Evidentiary Hearing will take place regarding both sides evidence.
Parties are due back in court in person on June 29th, 2021 at 10:30am
This is an ongoing story and we will keep you updated.
Never Stop Media LLC is a viewer-donation-run platform. Links for appreciated donations:http://www.venmo.com/Kevin-Glowicki