Today the Warrick County Sheriff’s Office announced that it will not seek a rehearing or transfer of the Access to Public Records Act case filed by Kenneth Todd Scales. The decision concludes the legal action over the release of the Sheriff’s 2014 investigatory file into the disappearance of Kristy Kelly.
While the Sheriff has the perspective that the law enforcement investigatory file into Kelly’s case is similar to any criminal investigation file- and argued for that conclusion both in the trial court and at the Court of Appeals- the appellate court ruled differently.
The Sheriff’s Office says they respect and honor the decision that the Court of Appeals made.
Today, the Sheriff’s Office started the preparation of the investigatory record release to APRA requestors. There are four of these requests, including Todd Scales, Kelly’s father.
However, before releasing these documents, the Sheriff’s Office is attempting to redact any personal identifiers such as Social Security Numbers and Dates of Birth.
Given the size of the file, it’s possible that some personal identifiers will not be located and redacted despite efforts.
Otherwise, the file will be released in its entirety, with no autopsy photos that are exempted as confidential under Indiana State Law.
Mr. Scales is requesting another hearing in Warrick Superior Court to get special access to the file. The Sheriff will not release the record until after this hearing.
Unless directed by the court, the Sheriff’s intention is to release the record to the four who requested it simultaneously.
The Sheriff’s position is not to conceal information that the public should have access to, but instead, withhold it with the Sheriff’s discretion the release of the investigatory file because it contains information that is both relevant and irreverent or trivial compiled by multiple officers and agencies.
The Sheriff anticipates that it will take time to get all of these records and convert them to a digital file to a simultaneous release to all requestors. An update on the release of these records will be made after the hearing on June 4.
