Apr 12, 2018 2 min read

A state prison inmate is accusing Washington police of ignoring state law by failing to provide him with documents he’s sought under the state open-records law.

In a petition filed Tuesday, Robert Benney asked the Washington County Court of Common Pleas to order the city police officials to comply with a decision the state Office of Open Records issued last year.

Court papers list Benney, 44, as having previously lived in Canton Township. Benney is now imprisoned at the State Correctional Institution- Coal Township as he serves what’s effectively a life sentence of 47 to 94 years.

He was sentenced following his 2009 conviction by jury on charges of burglary, robbery, theft, aggravated assault, rape, involuntary deviate sexual intercourse, terroristic threats, unlawful restraint and criminal conspiracy.

The case stemmed from a home invasion involving Benney and his younger half-brother the year before.

Benney’s bids to mount an appeal have so far been unsuccessful.

“Petitioner has appeals for his conviction and continues to search for ‘potential’ errors in his conviction, and the requested information may have potential to help him with issues, and the denial of access to this public information continues to hinder the time-sensitive appeals process,” Benney wrote in his filing.

The state Right-to-Know Law makes government agency records public unless officials can show they fall into any of the categories exempting them from disclosure.

In May, Benney asked for records related to the department’s forensic testing and procedures. After the department didn’t respond, Benney brought an appeal before the state Office of Open Records.

A hearing officer found in June the department hadn’t provided any justification for not granting Benney access to the records, giving the parties 30 days to appeal the ruling in the county Court of Common Pleas.

No party did, but Benney said in his petition the respondents still haven’t followed the office’s order.

Benney lists Chris Luppino, a city police sergeant he identifies as the chief, as a respondent to his petition along with the department. Luppino led the department from 2013 until early 2016, when current Chief Bob Wilson replaced him.

Saying in his petition he makes 42 cents an hour as a maintenance worker at the prison, he also asked for $200 to cover expenses related to the litigation. He also seeks up to $500 in civil penalties.

Wilson and city Solicitor Jack Cambest didn’t return messages seeking comment.