BARRE, Vt. (AP) – The Times Argus is taking legal action to learn the contents of a threatening letter it received this week as part of an anthrax hoax.
The letter contained a threat and a white powder that was later determined to be a sodium substance. Police removed the letter from the newspaper’s building Monday.
The paper is asking for a copy of the letter or to have its contents disclosed to the paper, said the newspaper’s attorney, Robert Hemley, of the Burlington law firm Gravel and Shea.
“We want to see exactly what threats it may contain. It would help us to protect ourselves against any threats it may contain,” he said. “It underscores the need for clear procedures with respect to correspondence.”
Editor Maria Archangelo made the request to both the Barre City Police Department and Vermont State Police in Middlesex in a letter faxed to the two departments late Tuesday afternoon.
State Police Lt. David Harrington said the letter threatens The Times Argus and its sister paper, the Rutland Herald.
The paper is arguing for a copy of the letter under the state’s Access to Public Records Act, which makes public documents available for review and inspection.
A second argument is that the letter is the property of The Times Argus, the lawyer said.
“That letter was addressed to me, and we have a right to know what is in it. I view it as our mail,” Archangelo said.
The Access to Public Records Act gives the departments two days to notify the paper of its decision regarding releasing the contents of the letter.
If the agency refuse to release a copy of the letter, the next step would be a civil lawsuit in Washington Superior Court in Montpelier, Hemley said.
Barre City Police Chief Trevor Whipple said Tuesday he would deny the newspaper’s request.
“It’s been turned over to the FBI. It’s in their possession. Right now they’re conducting an investigation, and even if I hadn’t turned the letter over to the FBI, I would not be able to make it available to The Times Argus,” the police chief said.
“This is a criminal offense. It’s a piece of evidence in a criminal matter,” Whipple said.
Hemley argued that the letter is not exempt from the Access to Public Records Act.
“The police will say it is exempt because it is a record dealing with the detection and prevention of a crime. It is our view that that exemption does not extend to actual evidence created by third parties,” Hemley said.
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