Opinion
Opinion By: Jack Conway, Attorney General; James M. Herrick, Assistant Attorney General
Open Records Decision
The question presented in this appeal is whether the Department of Kentucky State Police ("KSP") violated the Open Records Act in denying William Yeagle's September 1, 2011, request 1 for copies of witness statements in connection with a murder for which he is serving a prison sentence. Because further judicial proceedings in Mr. Yeagle's case remain a significant prospect and harm to the agency could result from a premature release of these records, we find that the KSP did not substantively violate the Open Records Act.
On September 12, 2011, 2 records custodian Shiann N. Sharpe denied Mr. Yeagle's request pursuant to KRS 17.150(2) and KRS 61.878(1)(h), explaining:
The investigation remains open due to a significant likelihood of further litigation, such as a motion for post-conviction relief, regarding the underlying criminal conviction. ? It is imperative that the Kentucky State Police maintain its case file, preserve evidence, and preserve the chain of custody in the event that the conviction could be overturned in future litigation and another trial could become necessary.
Because Mr. Yeagle's sentence has not been fully carried out, under Skaggs v. Redford, 844 S.W.2d 389 (Ky. 1992), his case is not final for purposes of the Open Records Act, and accordingly 09-ORD-104 is dispositive of the issue on appeal. A copy of this open records decision is attached and hereby adopted as the basis for our decision in the present appeal.
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.
Distributed to:
William A. Yeagle, # 175760Emily M. PerkinsShiann N. Sharpe
Footnotes
Footnotes