Legal question

[mrsklamc]

My mom's husband was murdered about 18 months ago, in a pretty rural area. According to her the county attorney refuses to give her the autopsy or investigation report because they tell her it's too graphic and will just upset her. Aren't these items public record?

 

[Coconut36]

I don't know that the autopsy itself is public record and in the case of it being a murder I am not sure if they have the right to withhold the results or not.

Is there anyone she can speak with regarding the legalities? Depending on where you live you could also call your district/county attorney office and ask them some general questions about the laws around the release of an autopsy in a murder investigation.

I'm sorry for your Mom's loss.

 

[akcire]

My mom's husband was murdered about 18 months ago, in a pretty rural area. According to her the county attorney refuses to give her the autopsy or investigation report because they tell her it's too graphic and will just upset her. Aren't these items public record?

Is it an active investigation? or has the murderer been caught and convicted/plead out?

 

[DisneyLoverUSA]

I'm not sure if an autopsy report is public record but I do know the medical examiner's office will usually release a copy of it to the family if requested. As for the investigation report, that is NOT public record and will probably never be released to you, especially if it is an ongoing investigation and not solved.

 

[KandD]

I am sure the county attorney's answer is partially true but I also assume that if it is a pending investigation there probably is some information that can not be released.
Your mom should try to locate a victim advocate who can help her. There is probably money available to her ( a crime victim compensation fund) to reimburse her for the funeral costs. Also, the advocate can help her get information that is available. She should start with the prosecutor's office to see how she can be linked with an advocate.

 

[dakcp2001]

Two things:
She needs her own lawyer
&
Someone else in the family should review them first, because they probably are too graphic and will upset her.

 

[mrsklamc]

Thanks for the responses. He was killed in a murder/suicide so there is no ongoing investigation. I agree that it's a bad idea for my mother to read it but she is determined.

 

[tvguy]

Thanks for the responses. He was killed in a murder/suicide so there is no ongoing investigation. I agree that it's a bad idea for my mother to read it but she is determined.

Legally, I don't know how they can say no if there is no ongoing investigation.

 

[cornflake]

The autopsy report should be public record, yeah. Not the entire autopsy findings with photos and such but the report.

As for refusing to release information on the basis of not wanting to upset her? Get a lawyer to call and threaten them, that's some seriously reprehensible paternalistic, patronizing crap.