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murder

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A

ANNET

Guest
What is the name of your state? texas but the crime took place in kentucky. father in law was murdered in 1972. the case was never solved, the man charged was released and case dismissed. the evidence has all been distroyed by the police department and the case closed. also part of records, court, autopsy, etc distroyed, or so they say. can we obtain these records somehow and can they close an unsolved case?
 


I AM ALWAYS LIABLE

Senior Member
ANNET said:
What is the name of your state? texas but the crime took place in kentucky. father in law was murdered in 1972. the case was never solved, the man charged was released and case dismissed. the evidence has all been distroyed by the police department and the case closed. also part of records, court, autopsy, etc distroyed, or so they say. can we obtain these records somehow and can they close an unsolved case?

My response:

An unsolved murder (or, "Cold Case") is never officially "closed". As technology progresses, and as manpower allows, cold cases are revisited all the time.

You can obtain the records through the use of the Freedom of Information Act, or the Kentucky equivalent of that Act. You'll need to do a "Google" search for the law and the format for your request. Always send your request by Certified Return Receipt mail. Additionally, it may take a good amount of time to compile all of the records, so be patient as it may take months to obtain the records.

Good luck.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
My further response:

The following is a sample FOIA request letter. Remember, Kentucky may have it's own laws concerning obtaining "information" from it's own State agencies - - but, certainly, after a little massaging, you can use the following as a "script" for your own letter. At least, it's a start.

Again, good luck to you.

IAAL

=======================================


FOIA REQUEST LETTER

Agency Head [or Freedom of Information Act Officer]
Name of Agency
Address of Agency
City, State, Zip Code
Re: Freedom of Information Act Request
Dear .............:
This is a request under the Freedom of Information Act.

I request that a copy of the following documents [or documents containing the following information] be provided to me: [identify the documents or information as specifically as possible].

In order to help to determine my status to assess fees, you should know that I am [insert a suitable description of the requester and the purpose of the request].

[Sample requester descriptions:
a representative of the news media affiliated with the newspaper (magazine, television station, etc.), and this request is made as part of news gathering and not for a commercial use.
affiliated with an educational or noncommercial scientific institution, and this request is made for a scholarly or scientific purpose and not for a commercial use.
an individual seeking information for personal use and not for commercial use.
affiliated with a private corporation and am seeking information for use in the company's business.]

[Optional] I am willing to pay fees for this request up to a maximum of $...... If you estimate that the fees will exceed this limit, please inform me first.

[Optional] I request a waiver of all fees for this request. Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest. [Include a specific explanation.]

Thank you for your consideration of this request.
Sincerely,
Name
Address
City, State, Zip Code
Telephone Number [Optional]

(If executed within the United States) I declare under penalty of perjury that the foregoing is true and correct.
Executed within the United States on ......, ....
/s/....................
 
T

TB185

Guest
The investigation records are not subject to the open records act. Only some basic information and statistical information can be obtained through the open records act. The only way to obtain the records you want is by court order.
 
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