The lawsuit filed against Dane County by media organizations for withholding documents relating to the 911 call placed just before University of Wisconsin junior Brittany Zimmermann’s death has come to a close.

Dane County Circuit Court Judge Richard Niess granted the media organizations the right to litigation fees after seeking the documents.

Zimmermann was stabbed to death on April 2, 2008 in her home at 517 W. Doty St. A call was made from her cell phone, but no officers were dispatched.

The 911 operator said no sounds indicating an emergency could be heard and therefore dispatched no officers. However, according to released court records, a 911 call tape exists with Zimmermann’s screams and sounds of a struggle.

Niess said in the ruling on June 26 that Dane County should not have kept documents relating to the 911 call from media organizations, including the Milwaukee Journal Sentinel and Wisconsin State Journal. ?

Niess previously ordered the release of most of the documents, including part of the 911 call made by Zimmermann’s fianc? when he found her dead.

The released documents pertain to the investigation undertaken following the call, including e-mails involving the dispatcher who took the call from Zimmermann’s cell phone, as well the audio from Zimmermann’s call.

“At the outset of the action, the county was deliberately withholding substantial portions of its 911 investigation report and voluminous emails, and all digital recordings of the requested phone calls pertaining to the crime,” Niess wrote in his ruling.

The county withheld the documents under the “aegis of a claimed absolute law enforcement investigation privilege,” Niess wrote, referring to the police’s concern of releasing documents relating to an ongoing homicide investigation.

Lawyer for the media organizations April Barker said government records are presumed to be open according to the law unless the court finds an exceptional reason to withhold them.

“We didn’t think this an exceptional case,” Barker said. “In fact, the public’s interest in the functioning of the 911 center was so high that it was clearly a case in which these records should be released.”

Barker added all of the documents her clients sought in the cases were ordered to be released by Niess, including part of the 911 call.?

The Dane County Corporation Counsel, the office representing the county, disagreed that the documents should be released.

“The judge has ruled against the county for honoring law enforcement’s request to protect records needed in a murder investigation and for protecting personnel records according to statute,” the counsel wrote in a statement.?

The county added it has not decided whether to appeal the decision.

In addition to the release of the documents and e-mails pertaining to the investigation, Niess ruled the media organizations are entitled to legal fees and damages incurred while seeking the documents and e-mails relating to the 911 call and its investigation.

Niess denied any punitive damages against Dane County. In his ruling, Niess wrote while Dane County’s position of withholding the documents was “unsustainable,” it did not lack a rational basis for doing so.

According to court records, a telephone scheduling conference is scheduled for Sept. 28 to determine when to hold the hearing on what the county will have to pay.