Opinion: Virginia must bolster access to police investigations
By JENNIFER L. GIVENS, DEIRDRE M. ENRIGHT and SHAWN ARMBRUST on February 27, 2021
It has been more than a year since Jason Nixon’s wife, Kate, was killed in the mass shooting at a Virginia Beach municipal building. The Virginia Beach police concluded their investigation, but Nixon still doesn’t know what motivated the shooter or how a mass shooting like that one can be prevented from happening again. That is because the police have denied requests for the investigative files, which is perfectly legal under Virginia law.
Virginia’s Freedom of Information Act (FOIA) allows law enforcement to choose whether or not to release investigative records. With no other guidance in the law, law enforcement has complete discretion over the decision. By contrast, 32 states and the federal government require police to disclose their files for inactive and closed cases to ensure transparency and accountability in the justice system.
Right now, state lawmakers have an opportunity to change the law and bring Virginia in line with the rest of the country with House Bill 2004. The bill, sponsored by Del. Chris Hurst, passed the House of Delegates and the Senate. Now the different versions must be reconciled during the special session and signed by the governor.
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