Autopsy reports on both minors and adults are excluded from a Colorado Open Records Act (CORA) provision that makes medical records confidential. If a county coroner believes that disclosure of a particular autopsy report would cause “substantial injury to the public interest,” he or she can ask a court for authorization to withhold all or portions of it.
In addition, Colorado Courts have long had the power to seal autopsy reports which prevent the release of information to anybody except for the Court and who the Court designates, and this has not changed. However, what has changed is pursuant to Colo. R. Crim. P. 55.1,
Amended and Adopted December 17, 2020, effective 5/10/2021, the Court seal can no longer be forgotten. In other words, any Court sealed document including autopsy reports now has an expiration date which shall require action by the parties to keep the autopsy report (and/or document) from being released to the public pursuant to Rule 55.1 - Public Access to Court Records in Criminal Cases.
Also, relative to the powerful lobbyists for CFOIC, the Colorado Press Association, the Colorado Broadcasters Association and the Colorado Springs Press Association, they alone are credited for getting the Governor to veto
Senate Bill 18-223 which was overwhelmingly supported in the legislature – only two representatives and one senator voted against the final version-- which would have closed public access to autopsy reports on minors. Please be remined that the county coroners’ association requested the bill.
Many of us remember the devastating effects of youtubers making public requests for the autopsies of the Watts children-- murdered along with their mother Shan'ann by Chris Watts. Senate Bill 18-223 would have prevented this. Same with Gannon Stauch's autopsy report and photos released to a youtuber who was selling pay for view access.
Rule 55.1 - Public Access to Court Records in Criminal Cases, Colo. R. Crim. P. 55.1 | Casetext Search + Citator.
Writing that “sunshine on uncomfortable and painful topics such as youth deaths can lead to more positive outcomes for other youths,” Gov. John Hickenlooper vetoed a bill that would have closed public access to autopsy reports on minors
coloradofoic.org
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