Diocese Comments on the Release of Bishop Donald Pelotte Medical Photos

Gallup (July 28, 2008) – We would like to make clear that the impetus for this civil lawsuit between the city of Gallup and Larry Barker, investigative reporter for KRQE, was to answer the question, Are police photos public records or not? Unfortunately, photos taken without the consent of a private citizen—Bishop Donald Pelotte—as a medical patient were used as the example to determine this case. Barker's attorney, Martin Esquivel, made the assertion early on that the city of Gallup's legal action against Barker "undermines the policy behind the Public Records Act that is the duty of public officials to provide people with the greatest information possible regarding governmental affairs." While Bishop Pelotte might be considered a public figure, he is not a public official—and his fall in his private residence last summer was not a governmental affair. Sadly, now that this case has been settled to determine the release of these photos, the question regarding the now use of the photos is to be determined by the media. At this time, the diocese would simply restate the appeal Bishop Thomas Olmsted made to David Pederson, the city attorney for Gallup, on March 16, 2008:

"…Nonetheless, because as I understand it, the Police Department authorized the taking of the photographs without Bishop Pelotte's consent and still possesses them, and out of concern for the personal and human dignity of Bishop Pelotte and his rights as a private citizen, especially his right to privacy, I appeal to the City of Gallup to protect the rights and dignity of Bishop Pelotte.. Given the significant contribution to the welfare of many people in the City of Gallup and beyond over the course of the past 20 years, I am concerned that Bishop Pelotte's good name not be harmed in anyway."


We are aware of the upcoming broadcast interview with Bishop Pelotte conducted by Larry Barker, and the diocese anticipates wider distribution of these photos in the media. Again, we respectfully ask those who are decision-makers within their organization to recognize the decades of service Bishop Pelotte gave to our communities, his dignity as a human being and spiritual leader—and respect his right to privacy.

Deacon Timoteo Lujan, Chancellor
Administrative Assistant to the Bishop