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Dover police recently announced arrests in two major violent crimes — a fatal shooting where hundreds had gathered after Delaware State University homecoming events, and a home invasion where a masked man pointed a gun at a 15-year-old girl.
Yet, in neither case did the police publicly release the name of the alleged gunmen, who are now detained on high bail — $1.7 million cash for the murder suspect.
That’s because a new Delaware law forbids law enforcement authorities from telling the public the names of suspects charged with a felony or releasing their photos unless it’s “necessary to protect the public’s safety.”
Instead of providing that identifying information, as has been typical for decades, Dover police followed the explicit advice of Attorney General Kathy Jennings regarding the new law.
As House Bill 59 was set to take effect Oct. 21, Jennings’ office had sent all Delaware police agencies a memo detailing when they could release names and photos, when they could not, and when they had discretion. State prosecutors are also bound by the law.
The memo said police who did not want to face lawsuits must not disclose names or photos when someone arrested for a felony is being held in prison and there are no “unidentified” victims because it doesn’t meet the “necessary” test.
In short, Jennings concluded that there’s no need to protect the public from the accused because someone behind bars can’t shoot, rob, rape or assault anyone.
“Automatic denial,” the memo said.
The memo also said it’s “mandatory” that police don’t release names or photos in public corruption cases, including felony official misconduct, bribery or deprivation of civil rights charges, even if the suspect posted bail, because white collar criminals aren’t a public safety threat.
The law doesn’t permit the release of names and photos for misdemeanor-only cases under any circumstances.
Police across the state aren’t happy with the law’s restrictions with serious felony or public corruption cases.
Neither is Jennings.
Although no one from the state’s dozens of police departments voiced objections publicly before the bill passed, now they are livid and want it amended.
“The community needs to know who the dangerous people are, if we want to try and solve community problems,” Dover Police Chief Thomas Johnson Jr. told WHYY News.
The chief said he struggled with how to handle the murder and robbery cases described above, but decided to follow Jennings’ guidance.
Johnson and other police leaders claim the statute prevents law-abiding citizens from learning, for example, the name of someone held for murdering their neighbor’s family, or of a teacher detained for sexually assaulting a student. Nor would police be able to notify voters if they charge a state legislator with accepting a bribe in return for their vote.
Jennings and other officials in her office would not agree to an interview about the issue, citing potential litigation. But Mat Marshall, a top aide to Jennings who authored the memo, told WHYY News in writing that “we don’t agree” with the law “and are going to lobby to amend or repeal” it.
Marshall, the AG’s director of external affairs, wrote that police and the public shouldn’t mistake the memo’s guidance as agreement with the law.
“Our memo is just what the law says — not what we think it should be,” Marshall wrote.
Nothing in the law would prevent the media from reporting on crimes but to get a suspect’s name, a reporter would have to learn the identity from a non-law enforcement source.
Court files in Delaware are open to the public, but courts don’t permit searches by date or type of crime — only by the defendant’s name.
