There is mounting evidence that LMPD and the Office of the Jefferson County Attorney may have willfully concealed, and/or tampered with, public records in denying The Courier Journal's 2017 request for records relating to the Explorer Scout investigation. Violation of either law carries criminal penalties.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23117

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=19864

"A retired Louisville Metro Police sergeant and another still on the force testified Thursday the investigative file on the scandal-plagued Explorer Scout program was available when The Courier Journal requested it last year — despite LMPD and the Jefferson County Attorney's Office saying it had been moved to the FBI."

LMPD and the county attorney's office continue to deny wrongdoing.

In my experience as an assistant attorney general, I was aware of instances in which the FBI obtained a copy of state or local law enforcement records in order to pursue a federal investigation — and occasionally asked the state or local agency to deny access to records requests based on the ongoing federal investigation and harm thereto — but the "record copy" remained with the state or local agency. A duplicate went to the FBI.

The "record copy" is "the single copy of a document, often the original, that is designated as the official copy for reference and preservation."

Rather than surrendering custody and control of agency records, the state or local agency retains the record copy under well-established records management and preservation practices.

LMPD's and the county attorney's position contradicts these practices and raises serious doubt.