In 2018, we sent a Freedom of Information request to the Arkansas State Police ("ASP") for records regarding Frank Scott, Jr.As published in a post back in 2018, the ASP shot back a rapid-fire response that specifically and unequivocally stated the records they had in their custody and control that were responsive to our request were not subject to release due to a court order in a sealed criminal conviction case pursuant to A.C.A. § 16-90-1413.
A.C.A. § 16-90-1413 states:
That's right, CONVICTED of the offense which he is now asking the court to seal.
If the ASP had no public records responsive to our request, they could have responded saying they "had no public records responsive to our request" and our search would have ended there.
But the ASP responded affirmatively about having records regarding an arrest of Frank Scott, Jr., and those records could not be released to us and cited the statue that specifically deals with an individual convicted of a crime and that had or could petitioned the court to seal the record of their conviction and sentence.
And that admission was why we have demanded since 2018 that Frank Scott, Jr. come clean about his sealed criminal case from his days as a state highway commissioner.
Was he charged with and convicted of a crime that under the Arkansas Constitution would make him ineligible from holding a public office?
Or was he charged with and convicted of a crime that would cause his character and morality into question?
Recently two individuals running for a Pulaski County Justice of the Peace position were found to have been charged with and convicted of writing bad checks.
In Arkansas, hot check misdemeanors are considered an "infamous crime" according to a prior ruling from the Arkansas Supreme Court, and a conviction bars a person from holding public office. Some infamous crimes include bribery, embezzlement of public money, forgery, abuse of office, any felonies or a case where a defendant admitted to an act of deceit, fraud or false statement.
Lawsuits were filed about both candidates and courts ruled that both are ineligible to hold any elected office in the state and the incumbent is being removed from office due to that conviction.
There is an Administrative Rule of the Courts in Arkansas that allows for us to ask or petition a court to release a sealed record that was just this week brought to our attention.
So we reached back out the the ASP and Bill Sadler. At one time Sadler handled FOI requests for the ASP but they now have a special unit that processes those.
So we contacted Sadler to try and obtain the court that had jurisdiction and that had issued the order to seal that he had referenced in the 2018 email and telephone conversations we had at that time (which we recorded). Sadler asked us to send an email making that request. So we did.
Again, this response clearly indicates that the ASP cannot provide information about the court or even acknowledge it because their records were sealed.
We don't give up easily and responded.
Sadler responded and walked back what he stated in his 2018 email.
Look very carefully at what Sandler wrote in 2018:
"Records in the custody and control of the Arkansas State Police responsive to your request are exempt from disclosure under Arkansas Code Annotated §16-90-1413".
Sadler could not release records in the custody and control (i.e., records they have in their possession) that were responsive to my request.
How the fuck could Sadler make the ridiculous and utterly false statement that he didn't find or see that his 2018 words acknowledge records requested exist?
He denied the 2018 request saying the records in the custody and control (possession) were exempt from disclosure under Arkansas Code Annotated §16-90-1413.
How can a law enforcement agency employ a spokesman that lies in the face of incontrovertible evidence?
Not having the court of jurisdiction's name won't slow us down in our efforts to get transparency about LR Mayor Frank Scott, Jr.
We will send the request for the records to all courts in Pulaski County, district and circuit.
Based on information and belief, the case was heard by none other than corrupt Judge Milas "Butch" Hale in Sherwood.
Stay tuned for updates, it's about to get "mad real" as Frank Scott, Jr. likes to say.