00-ORD-239
December 29, 2000
In re: Judy Moore/Kentucky State Police
Open Records Decision
This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Kentucky State Police did not violate the Open Records Act in denying Judy Moore’s request for the records relating to its ongoing investigation into the disappearance of her son, Kelly Hollan, Jr., on the basis of KRS 61.878(1)(h). We believe that 97-ORD-126 and 96-ORD-25, copies of which are attached hereto and incorporated by reference, are controlling. We affirm KSP’s denial of Ms. Moore’s request inasmuch as premature release of the information contained in the records “could seriously jeopardize the investigation.”
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceedings.
Albert B. Chandler III
Attorney General
Amye L. Bensenhaver
Assistant Attorney General
#744
Distributed to:
Judy Moore
51 West Thompson Street
Jackson, KY 41339
Diane H. Smith
Official Custodian of Records
Kentucky State Police
919 Versailles Road
Frankfort, KY 40601
Elizabeth Baker
Legal Office
Kentucky State Police
919 Versailles Road
Frankfort, KY 40601