Request By:
Major Bobby Stallins
Official Custodian of Records
Kentucky State Police
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl T. Miller, Jr., Assistant Attorney General
Mr. John L. Smith, Attorney, has appealed to the Attorney General your denial of a request to inspect certain records by Mr. Smith's client, Mr. Kirby Collett. The requested records are described as all state police records regarding an incident some time between October 1981 and July 1982 involving Kirby Collett who was incarcerated in the Bell County Jail during that period; while incarcerated during that period Mr. Collett was interviewed by a reporter from a Bell County newspaper and the request is to inspect all records pertaining to, or containing information obtained from, the conversations Mr. Collett had with that reporter.
In your response to Mr. Smith by letter dated February 3, 1983 you stated that you have reviewed all the closed cases for that time period and there is no reference to any such conversation. You further state that if there are any such records they could only be in an open investigation and it is the policy of your agency not to release copies or allow review of records in an open investigation; this policy is based on KRS 61.878(1)(f).
OPINION OF THE ATTORNEY GENERAL
It is the opinion of the Attorney General that you acted in accordance with the Kentucky Open Records Law, KRS 61.870 to 61.884, in making your response to Mr. Smith. Since no such records exist in your closed case files the request is moot. Under KRS 61.878(1)(f) and under KRS 17.150(2) intelligence and investigative reports maintained by criminal justice agencies are not subject to public inspection until after prosecution is completed or a determination not to prosecute has been made.
As directed by statute a copy of this opinion is being sent to the requester who has the right to challenge it in court.