Kentucky State Police Executive Advisor Michelle Harrison, who is referenced in this article, is a former assistant attorney general who for many years wrote open records and open meetings decisions. Her input here was invaluable.

Harrison is fully aware that the Kentucky Supreme Court has, on multiple occasions, ruled that law enforcement agencies *cannot* withhold every document in an investigative file even if the investigation is ongoing. The file must be reviewed and record(s) must be disclosed if the agency cannot articulate "actual, concrete harm" to the investigation from premature disclosure of the record(s). Hypothetical or speculative harm, such as disclosure "will taint the jury pool," is *not* sufficient under the law.

https://caselaw.findlaw.com/ky-supreme-court/1643297.html

https://caselaw.findlaw.com/ky-supreme-court/1653242.html

https://casetext.com/case/univ-of-ky-v-kernel-press-inc

We have not seen Harrison's full response to the Harlan Enterprise's open records request. We trust that she made some effort to articulate actual concrete harm to the investigation—on a record by record basis—as the law mandates.

But even partial disclosure of any investigative record by the Kentucky State Police at this early stage of its investigation is a step in the right direction.

We are hopeful that KSP will continue to benefit from Harrison's extensive knowledge of the law.

Harlan Enterprise staff writer Emily Perkins reports:

"On Tuesday, Executive Advisor Michelle D. Harrison responded to an open records request from The Enterprise to KSP Post 10, which requested documents involving [Kayla] Massingale's death investigation.

"These documents included her full-detailed autopsy report, a rape complaint filed in Harlan on Aug. 25, information regarding how she was discovered, information pertaining to where her rape kit was performed and its forensic results, Massingale's missing belongings, including her 2011 Chevy Impala, purse and cell phone, and more.

"Harrison's email to The Enterprise included a letter from Stephanie Dawson, official custodian of records within the legal branch, that said KSP would partially comply with and partially deny the Sept. 24 open records request 'because the investigation regarding Kayla Massingale's complaint and the separate death investigation both remain ongoing.'

"Although unable to fully release documents involved in Massingale's case, KSP partially complied with The Enterprise's request by releasing the initial Kentucky Incident-Based Reporting System (KYIBRS) report concerning both incidents.

"Though the narrative portion of the reports and personal information, such as social security numbers, birth dates, home addresses, etc., have been redacted by KSP to protect the integrity of the investigation, the reports shed new light on Massingale's initial rape complaint filed on Aug. 25 and when she was found in Coldiron on Aug. 27."