Wednesday, October 22, 2014

KBI rejects Herald's open records request, cites ongoing investigation

By The Herald Staff | 10/11/2012

The Herald learned this morning that the Kansas Bureau of Investigation had turned down its request to obtain a copy of the search warrant the agency served Sept. 27 at the Franklin County Sheriff’s Office as part of its investigation of the department.

The Herald also had requested other KBI documents related to the investigation.

“In the situation at hand, we believe disclosure would impede the ongoing investigation, and therefore we decline to provide the records you are seeking,” Laura Graham, KBI freedom of information officer, wrote in an email.

Graham said in the email that case law indicates in order for disclosure of criminal investigation records to be in the public interest, more than “mere public curiosity is required.”

She said the records must pertain to a matter which affects the community at large.

“Even when that threshold can be met, rarely would disclosure of criminal investigation records — particularly those related to a pending investigation — not interfere with prospective law enforcement action, criminal investigation and/or prosecution,” Graham said in her email.

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