Consistent with our commitment to transparency and public awareness surrounding the profound impact the Lewiston tragedy has had on the community and State; the Maine State Police is releasing photographs, deemed appropriate and lawful, collected as part of the investigation. Maine’s freedom of access act (FOAA) excludes from the definition of public records those records which are confidential pursuant to some other statute (1 MRS §402(3)(A)). Maine law treats law enforcement intelligence and investigative material as confidential if there is reasonable possibility that public release would cause any of twelve listed harms (16 MRS §804). In this situation we were particularly concerned with releasing photos which would cause unwarranted invasion of the privacy of civilians recorded in the photos. Survivors, families of those tragically murdered, and those simply present during the photography are entitled to maintain their privacy without releasing gruesome photographs of this tragedy. Additionally, we do not want to release photographs which may show law enforcement’s investigative techniques and procedures, or security plans and procedures not known by the general public in their response to a mass casualty event. It would not do to provide the next person determined to cause mass casualties an advanced look at how law enforcement responds so they could be prepared for that response. With those principles in mind, the Maine State Police reviewed over 15,000 photographs to determine which are appropriate for release. The State Police understand the impact these images have on the victims, loved ones and community as we all continue to process this tragedy.
