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Monday, January 30, 2012

Angry shouting match erupts when DNR chief defends tracking devices

ANNAPOLIS The face of Maryland's Natural Resources chief turned red Friday morning, while he banged his fist against a table during an explosive exchange with state lawmakers over the placement of tracking devices on watermen's boats.
John Griffin, secretary of the Department of Natural Resources, got into a shouting match with state Sen. Richard Colburn, R-37-Mid-Shore, at a meeting with Maryland's Eastern Shore General Assembly delegation over the release of warrant information related to the devices.
Colburn and other delegation members requested copies of the warrants and other pertinent information after the tracking devices were discovered more than a year ago on the work boats of some Dorchester County watermen. DNR officials continue to refuse the request, saying the matter is an ongoing investigation.
After being briefed on DNR's budget, Del. Michael Smigiel, R-36-Cecil, again raised the question of the warrant information Friday, saying the documents should be public by now. Smigiel also cited a recent Supreme Court decision requiring law enforcement agencies to obtain a warrant prior to placing any sort of tracking device.
"I would like to get a copy ... of the application for the warrants and the warrants that were issued. And so I would greatly appreciate that. I've waited patiently for a year. Can I get those?" Smigiel said.
Griffin said the cases associated with the devices remain open, and Deputy DNR Secretary Joseph P. Gill cited statutes allowing law enforcement agencies, such as the state Natural Resources Police, to keep such documents confidential during the course of an investigation.
"It is public information. I'm going to take you to court to get them," Smigiel told Griffin.
When Smigiel asked specifically what agency was handling the investigation, Gill told Griffin not to answer and said the information is confidential. Smigiel said as a public official, he has a right to review agency actions and the manner in which it investigates citizens, and asked again which agency is heading up the investigation.
"The matters are confidential," Gill said.
Due to the amount of time passed since the devices were quickly discovered on the boats more than a year ago, Colburn likened the investigation to one of such scope as the Watergate break-in that brought down former U.S. President Richard Nixon. He said even Dorchester watermen have constitutional rights.
Colburn requested DNR officials support a state Senate bill requiring a court order to put tracking devices on boats, but Gill said the proposal puts restrictions on law enforcement agents not in place anywhere else. Gill said Natural Resources Police have been following current laws and getting warrants.
"There's no reason to hinder the work of the Natural Resources Police who have been following the law by putting in place these additional, unnecessary requirements," Gill said.
Colburn said he did not want to hinder the NRP because with the investigation having taken more than a year, it already seems the agency is hindered enough. He said he did not know how complicated such a case could be.
Colburn continued to press for information on the warrants, asking specifically for the name of the judge who signed off on them. He said he did not see how disclosing such information would create problems for the investigation.
"I almost feel like I'm in 'The Twilight Zone' when we have these discussions. This is outrageous," Griffin said.
Griffin said DNR obtained the warrants for the tracking devices last year, and the Supreme Court's latest decision has nothing to do with the matter. Starting to raise his voice, he said he could not reveal the judge's name because the case remains under investigation.
Colburn began shouting, too, continuing to press the issue, and Griffin, pounding his fists on the table, responded the information will not be released because the case involves federal agents and the justice department and "because there's a whole bunch of criminal activity going on." (It later was learned that Griffin had pounded the table so hard, he broke his wristwatch.)
When Colburn loudly asked why the department has not filed any charges, Griffin shouted: "We will. We will, sir."
The fracas was broken up by other members of the delegation including Del. Adelaide Eckardt, R-37B-Dorchester, who told everyone to take a deep breath. Eckardt called for the delegation to move on to another subject.
"It is helpful when we have these discussions, and I know these are loaded. They're emotional. Folks are passionate about this. We can see that," she said.
Eckardt said it is helpful, though, to get information on the process involved in such matters. She said it gives the delegation members a better understanding of what is going on and better information to take back to their constituents.
Both Griffin and Colburn later apologized to the other delegation members for their outburst.

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