The terrible incident recounted in this article might not have come to light but for the persistence of two Lexington Herald-Leader reporters, Beth Musgrave and Morgan Eads.
On September 11, 2018, a Scott County deputy was wounded by a fellow officer while both were attempting to apprehend a fugitive. The deputy suffered paralysis as a result of his wounds.
One month later, Musgrave and Eads requested a copy of records relating to the incident and were advised that the investigation was still open.
On March 20, the Scott County Sheriff announced the results of the investigation by the Critical Incident Response Team of the Kentucky State Police. Musgrave and Eads followed up with an open records request to KSP the following day, March 21.
They received a response dated March 27, but postmarked April 11, advising them that the records were not available due to "storage location."
In subsequent correspondence, KSP advised that the file, consisting of some 1000 pages (by its own estimate), was unavailable due to its size. KSP indicated that it would provide an update on the availability of the file on May 30.
On May 3, Musgrave and Eads reported on developments in the case and the delays in production of the closed investigative file.
The Kentucky Open Government Coalition commented on these unjustifiable delays in a May 3 post:
https://www.facebook.com/419650175248377/posts/441877509692310?s=184659…
On June 11, Musgrave and Eads received the redacted investigative file on a thumb drive. Nearly three months elapsed between the date of their second request —nearly ten months from their original request — and the date on which the file was produced.
The redacted information, Musgrave told us, consisted of dates of birth and social security numbers — standard redactions requiring minimal effort.
Most troubling were references to attachments, including an autopsy report — presumably that of the fugitive — and ballistics reports, that were not included or otherwise addressed. KSP's decision to withhold these records, rightly or wrongly, should have been accompanied by a description of the reports and the statute authorizing their nondisclosure (along with any other records withheld).
KSP's response was procedurally deficient and substantively incorrect — not to mention woefully past due. It's pattern of noncompliance with the open records law makes it one of the state's worst serial offenders.
As law enforcement officials look to remedial measures that might be taken to avoid a recurrence of this incident, they should examine existing open records practice and implement needed changes to ensure future compliance with the law.
