LOCAL MAN GIVEN RECORDS REQUESTED UNDER FOIA

Prosecutors 'Were Mistaken'

KALKASKA -- Kalkaska County Prosecutor Brian Donnelly will turn over
documents to settle a local man's Michigan Freedom of Information Act
lawsuit.

Donnelly and Ottawa County Prosecutor Ronald J. Frantz were the only
two of Michigan's 83 county prosecutors who refused to turn over
documents requested under FOIA by Traverse City resident Eric
VanDussen. VanDussen wanted police reports, search warrants, charging
papers and other documents tied to medical marijuana cases handled in
each county.

Multiple prosecutors told VanDussen he'd have to pay hefty sums for
records to be gathered and copied, but Donnelly and Frantz were the
only ones to reject his request, VanDussen said.

So he filed a lawsuit against both, and both agreed to give him what
he wants.

"Obviously, when they argued that they didn't have to give me
anything, they were mistaken," VanDussen said.

Donnelly and Frantz didn't return calls for comment.

Separate settlement agreements with both prosecutors dictate that
documents be turned over to VanDussen at no cost. Frantz' office
already provided VanDussen more than 700 pages of documents, VanDussen
said, and Donnelly has until the middle of June to provide his records.

Donnelly must identify in writing all documents he withheld or
redacted due to FOIA exemptions.

VanDussen is upset the documents weren't just turned over in the first
place.

"Why did it have to take me filing a lawsuit to do that?" he said.
"It's public record, and it shouldn't take a citizen having to sue
them."

VanDussen, formerly of Benzie County, is a familiar face in local
court systems. He's covered multiple cases as a freelance journalist,
and he successfully sued Benzie County a few years ago for violations
of the Freedom of Information and Open Meetings acts. He now works for
Jesse L. Williams, a Traverse City attorney.

He has a particular interest in medical marijuana cases and believes
there's widespread public interest on the topic.