UPDATED -- After I forwarded the appropriate case law to Glens Falls Police Chief Tony Lydon, he released the mugshot in question.

A few readers asked Tuesday why we didn't publish the mugshot of the Warren County DPW superintendent after his aggravated DWI arrest, when we get mugshots in most cases we write about.

Mugshots in DWI cases can tell us a lot about the person's condition, at least at the time the picture was taken. In this case, Glens Falls Police would not release his mugshot, the chief telling the officer who released the information that the agency doesn't release pictures in misdemeanor DWI cases.

We generally don't write articles about misdemeanor DWI arrests, unless they involve a crash or the defendant is a public official or figure of some sort. So I couldn't find any precedent from Glens Falls Police.

We also get mugshots from other public records/jail websites, but because the defendant in this case didn't go to jail, the picture wasn't available on those, either.

It doesn't appear there was any favoritism in this case in keeping the mugshot from becoming public. Case law seems to indicate that mugshots are subject to state Freedom of Information Law, and we can make a request. The law allows 5 days to the agency to whom the request is made to respond, and they can also string the request out further by asking for delays, so we will see how that goes.

-- Don Lehman

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reporter

Don Lehman covers crime and Warren County government for The Post-Star. His work can be found on Twitter @PS_CrimeCourts and on poststar.com/app/blogs.

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