Request By:
Gerald L. Greene
Emily M. Perkins
Roger Wright
Karen Greene Blondell
Opinion
Opinion By: Jack Conway, 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 Gerald L. Greene's requests for copies of investigative records, including the videotape of a vehicular pursuit, relating to an accident that occurred on January 10, 2008, and as a result of which Bell County Deputy Sheriff Sean Pursifull died. Mr. Greene represents Deputy Pursifull's estate, widow, and surviving children. We find that KSP properly relied on KRS 61.878(1)(h), KRS 61.878(1)(1) , and KRS 17.150(2) in denying Mr. Greene's request, and that 99-ORD-93 is dispositive of the issue on appeal. A copy of that decision is attached hereto and incorporated by reference.
KSP advises that the requested records "relate[] to a pending criminal prosecution arising from the death of a Bell County Deputy Sheriff in a motor vehicle accident," that the case is set for trial on December 8, 2008, and that the Commonwealth's Attorney for the 44th Judicial Circuit has expressed concern that premature release of the records will compromise the prosecution of this case and requested that the records not be disclosed. On this basis, we conclude that KSP's reliance on the cited provisions, as construed in 99-ORD-93, was proper, and that the agency did not violate the Open Records Act in denying Mr. Greene's request. See also, 04-ORD-129; 04-ORD-234; 06-ORD-017; 06-ORD-203; 07-ORD-095.
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.