Opinion
Opinion By: Jack Conway, Attorney General; James M. Ringo, 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 (KSP) did not violate the Open Records Act in denying Iran Neal's requests for a copy of all documented information of the forensic examination and procedures for such dating back to 2002 of all cases involving Iran Neal. 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. Neal'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 advised that Mr. Neal is currently under indictment in the Jefferson Circuit Court in Criminal Action Number 08-CR-002392 and the requested records relate to the pending criminal proceedings concerning Mr. Neal. KSP further advised that Louisville Metro Police Department had provided KSP with a statement requesting that the records not be released at this time and requested that the records not be disclosed until the cases involving suspect Iran Neal are brought to completion. 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. Neal'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.