Special judge will hear 911-call lawsuit

Blogger, city attorney dispute access to recordings related to hot-car death

A retired Arkansas Court of Appeals judge has been assigned to hear a Freedom of Information Act complaint that seeks the release of 911 recordings in the death of Garland County Circuit Judge Wade Naramore’s son.

Supreme Court Justice Paul Danielson, filling in for Chief Justice Howard Brill, signed an order Thursday afternoon assigning Sam Bird to hear Little Rock attorney and blogger Matt Campbell’s complaint against Hot Springs Police Chief David Flory.

Campbell filed the complaint Wednesday in Garland County Circuit Court after Hot Springs City Attorney Brian Albright denied Campbell’s Oct. 20 records request for 911 calls made by Naramore or others after the July 24 death of Naramore’s son, Thomas.

Albright contended that the recordings fell under an exemption in Arkansas code involving “undisclosed investigations.”

A preliminary hearing in the case has been scheduled for Wednesday in Garland County Circuit Court.

Since the death of his son, Naramore has been on a leave of absence from Division 2 of the four-division 18th Judicial Circuit-East encompassing Garland County. The case was originally assigned to Division 4 Circuit Judge Marcia Hearnsberger of Hot Springs, but she filed a letter of recusal Thursday. Division 1 Circuit Judge John H. Wright and Division 3 Circuit Judge Lynn Williams, both of Hot Springs, also recused themselves.

Special judges have presided over Naramore’s court since late last month.

Hearnsberger’s letter requested that the chief justice of the state Supreme Court appoint a special judge to hear the case.

Bird retired from the state Court of Appeals at the end of 2008. He was elected to an eight-year term in 1996 and re-elected in 2004, but served only half that term.

Bird, who is from Monticello, was twice elected to four-year terms as circuit judge in Ashley, Bradley, Chicot and Drew counties.

Second Judicial Circuit Prosecuting Attorney Scott Ellington has said that the 911 recordings are part of his investigative file. Ellington, of Jonesboro, is the appointed special prosecutor leading the investigation into the death of 1-year-old Thomas Naramore.

A preliminary investigation determined that the child died from “excessive heat” after being left unattended in a car for an unknown amount of time.

Officers arrived at Fairoaks Place and James Street in Hot Springs at 3:13 p.m. July 24 after Wade Naramore called 911, according to a Hot Springs Police Department report.

In his complaint, Campbell argues that the recording of Naramore’s 911 call is not a record that is investigative in nature, that it predates any police investigation and that there is “no genuine interest in ensuring secrecy.”

Ellington told the The Sentinel-Record on Thursday that he’s waiting for a report that could allow him to conclude his investigation.