Opinion
Opinion By: Gregory D. Stumbo,Attorney General;Amye L. Bensenhaver,Assistant Attorney General
Open Records Decision
This matter having been presented to the Office of 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 Brian Denney's June 4, 2007, request for records relating to KSP's investigation of the crime(s) of which he was convicted in the McCreary Circuit Court. The record on appeal indicates that Mr. Denney has appealed this conviction. It is the decision of this office that 04-ORD-234, a copy of which is attached hereto and incorporated by reference is dispositive of the issue on appeal. Mr. Denney stands in the same shoes as any other requester under the Open Records Act, and is foreclosed from inspection of the records, under the Act, by operation of KRS 61.878(1)(h) as construed in
Skaggs v. Redford, 844 S.W.2d 389 (Ky. 1992) and
Bowling v. Lexington-Fayette Urban County Government, 172 S.W.3d 333 (Ky. 2005). Mr. Denney is not entitled to the requested records, under the Open Records Act, "so long as the possibility of further judicial proceedings in this case remains a significant prospect." Skaggs at 391; accord, 05-ORD-246 and 07-ORD-034 (enclosed).
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 proceeding. Brad Denney, # 163507
Mary Ann ScottOfficial Custodian of RecordsKentucky State Police919 Versailles RoadFrankfort, KY 40601
Roger WrightOffice of Legal ServicesKentucky State Police919 Versailles RoadFrankfort, KY 40601