Sheriff Maketa withholds information, possibly violates U.S. Constitution
In his final 4 months as El Paso County Sheriff, Terry Maketa is withholding timely and possibly important safety information from a large segment of the public.
It’s apparently in retaliation for KRDO Newschannel 13’s aggressive reporting into the scandal that surrounds him. One of the country’s top 1st Amendment attorneys says Sheriff Maketa’s latest move also violates the U.S. constitution.
“You are providing a public service to the viewers of your station to inform them about the conduct of their government, including the Sheriff’s Office which has significant repercussions for public safety,” Attorney Steve Zansberg said in response to the sheriff refusing to send Newschannel 13 news releases regarding the public safety. “Not getting information to your station on a timely basis could undermine the very purposes of Sheriff Maketa’s office.”
The Sheriff’s Public Information Officer Greg White confirmed, KRDO is removed from their list. When asked why, there was no response. However, White has told KRDO News Managers the Sheriff is not happy with our coverage over the scandal and complaints against him.
Our stories have covered complaints against Sherff Maketa from Deputies, Commanders, a former Undersheriff, Maketa’s former campaign manager, County Commissioners, the County Treasurer, and the incoming Sheriff who will replace Maketa in January 2014.
“It’s well established that a government offical cannot discriminate against one member of the news media in retaliation for your news report,” said Zansberg, a Yale Law School Graduate.
He also says there’s abundant case law proving the Sheriff’s violating the 1st amendment to the U.S. Constitution. “The government can’t exclude one member of the press from a press conference that’s available to all members of the press in retaliation for your editorial content and the same is true with the distribution of press releases.”
Newschannel 13’s fear is that the sheriff’s recent move could impact a large segment of the public because important safety information would not be released to us in a timely matter. We’ve asked him to reconsider, but have not heard back.
Staff Attorney at El Paso County Sheriff’s Office Charles Greenlee says he found a ruling that sides with the sheriff withholding information, but Zansberg says the case Greenlee cites is easily distinguished from what’s happening now.
As always, our doors are open for an interview with the sheriff.
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CLARIFICATION: Charles Greenlee is an El Paso County Staff Attorney for the Sheriff, not County Attorney as initially reported.
