I do not think it is a matter of medical privacy that is preventing the release of the autopsy, but it might be. The bottom line likely is that you do not have a right to access those items. Perhaps the next of kin or the executor of the estate might, but you may not.
Typically anything related to the death of an individual is going to be released by the coroner's office and not the local police.
Unfortunately, every state has different laws on death investigations so there is no real uniform practice and procedure. Kansas may have some very strict laws on the release of this information.
If you REALLY want the information, your brother's legal next of kin or heir to his estate may have to hire an attorney to obtain it.
However, keep this in mind, in virtually every suicide or suspicious death there is someone who doesn't quite believe it. "They just wouldn't do that" ... or, "This other person had it out for them ..." And in most of these matters, there is someone who comes forward a year or so down the line with some "revelation" about the case. I have to deal with a couple of these every year and so far not one of them has resulted in a different ruling. I set aside a couple hours and go through everything we have on the investigation. Usually, I can answer the questions about body location (how it got there, where it was relative to the weapon or instrument used, etc.), letters, method of investigation, why we did what or talked to whom, etc. And in all but one such case I have managed to set the family's minds at ease ... the one case involved a psychic who said it was murder
and the sister of the victim of a tragic traffic accident wouldn't take anyone's word for the truth of the matter.
Be very cautious of someone coming forward three years after the fact with allegedly damning information. It may be completely irrelevent ... and it's likely that nothing will be able to confirm or deny whatever was said.
So, before your family spends thousands of dollars on attorney's fees to obtain this information, perhaps you really need to sit down and evaluate what this information might mean. Or, see if you can arrange a sit down with the investigator and let them know what you do.
here's a link to the Kansas Attorney General's site that has some info on pulbic records:
http://www.accesskansas.org/ksag/OPEN/KORA.htm
Here are two elements of the opinion that seem to give fuel to BOTH arguments:
Coroner reports are subject to disclosure unless they have been filed with the clerk of the district court and designated as a criminal investigation record. A.G. Opin. No. 86-5 and K.S.A. 22a-232. Autopsies as part of coroner's reports are open unless the coroner's report is filed as a criminal investigation record. Burroughs v. Thomas, 23 Kan.App.2d 769 (1997).
And,
Other records of investigations of a death may be closed even if the death turns out to be from natural causes so long as there was initially a criminal investigation. Seck v. City of Overland Park, 29 Kan. App. 2d 256 (2000).
So, if the investigation began as a criminal investigation, it may remain closed to public inspection.
This may take an attorney.
- Carl
