(CN) - The Denver Post is not entitled to the personal cell phone records of Colorado Gov. Bill Ritter, the Colorado Court of Appeals ruled.
When reporter Karen Crummy requested the records, the governor provided the statements from his state-paid smartphone, which he uses for e-mail, but declined to do the same for his personal cell phone, which he uses to conduct state business.
The trial court dismissed the case, ruling that the Post did not prove that the cell phone bills were likely to be public records.
The state appeals court affirmed the ruling.
"It was the Post's burden to show that Ritter likely made, maintained, or kept the bills in his official capacity as governor," Chief Judge Janice Davidson wrote. "Because we conclude that the Post did not ... we agree that the trial court's dismissal of the complaint was proper, albeit on somewhat different grounds."