Appeal Denied
Reporter files FOIA request into deaths on Isle Royale

Mark Wilcox/Daily Mining Gazette Beaver Island, part of Isle Royale National Park. The investigation into the deaths of two campers in the park is continuing.
EAGLE RIVER – An appeal to the Keweenaw Board of Commissioners to reverse a June 16 Freedom of Information Act (FOIA) request denial was a topic of discussion at Wednesday’s Keweenaw County Board of Commissioners meeting. The FOIA request was in regards to the deaths of two hikers on Isle Royale on June 8.
The appeal request, filed by Gus Burns a reporter MLive, a Michigan-based news website that aggregates content from nine local and statewide newspapers, states, in part: “I submitted a request for death records compiled or produced by Keweenaw County Medical Examiner Dr. Michael McAllister on June 12 … The request was denied by County Clerk Julie Carlson on June 16.”
The appeal closes with the request the Board reverse the FOIA request denial, and “at the very least, release appropriately redacted copies of the requested records.”
County Board Chairman Don Piche, said that the county does not have any documents to provide. “We don’t know anything,” Piche said. “We don’t have any information. Period.”
Because the incident occurred in a National Park, the subsequent and ongoing investigation is federal. “They’re not giving Keweenaw County any information,” said Piche.
According to a June 10 news release from Isle Royale National Park, at about 4 p.m. Sunday June 8, park rangers at Isle Royale received two separate reports of two persons found deceased at a remote backcountry campground within the park. A June 12 update by Liz Valencia, reported that both individuals have been identified, and their next of kin had been notified.
Keweenaw County Sheriff Curt Pennala said that while Isle Royale is a National Park, it is within Keweenaw County. Pennala said that his department sent staff to Isle Royale to assist at the scene until Federal investigators could arrive.
“Because the deaths occurred in Keweenaw County, our medical examiners are part of that case, so they will have some information at some point,” said Pennala. “The point of us rejecting it to fulfill FOIA requirements was that the case still is under investigation by the Feds.”
Pennala told the Board that because Keweenaw County was an assisting agency, it has not been provided with any information or documentation.
“We’re just the assisting agency on this,” Pennala said, “we’re not going to carry a report. We’re not going to have names and dates of birth and stuff like that. But at some point, our medical examiner’s office will have that information.”
Having no information to provide in fulfilling the FOIA request, Pennala said the next step was to appeal the request to the Board.
“A medical examiner appeal does hit the Board of Commissioners because you guys are in charge of that office,” Pennala told the board.
At least some information was available the day after Isle Royale published its release. On June 13, TV6 News published a report stating that it contacted the County Medical Examiner on June 11, who said while the autopsies had been completed and medical personnel were confident about suspected causes of death, he had not yet received a final report from investigators confirming the cause and circumstances. Part of this reason, he said, is that investigators are still awaiting final lab results.
TV6 goes on to say in its report that Valencia said law enforcement does not want to release that information while the investigation continues.
“There’s a separate team in the National Park Service,” Valencia is quoted as saying. “It’s an investigative services branch, so they came. There were other agencies that participated … we do have a contracted fixed-wing airplane … that provided support, flying investigators back and forth, and rangers.”
Valencia was reported by Mlive as saying she is waiting for investigators to tell her when she can release more information. “If they let me know it’s going to be a month, then I’ll let people know,” she said. “They might say it’s going to be in the next couple of days.”
The FBI states on its website that it does not release information on ongoing investigations. Such information is protected from public disclosure, in accordance with current law and Department of Justice and FBI policy.
“This policy preserves the integrity of the investigation and the privacy of individuals involved in the investigation prior to any public charging for violations of the law,” the FBI states. “It also serves to protect the rights of people not yet charged with a crime.”