https://www.avvo.com/legal-answers/authorized/can-i-access-the-investigators-notes-in-a-case-aga-4939826.html?utm_campaign=question_notify_immediate_pro&utm_content=answer_jd&utm_medium=email&utm_source=notification
Jay K. Nixon
10 reviews, Licensed for 40 years, Criminal Defense Attorney
in Kenosha & Janesville, WI
You have a correct answer from Atty. Harkness already; open
investigation files are not subject to the open records laws. The question here
would be whether the ten year old investigation is indeed still open, as
opposed to having been exceptionally cleared or determined unfounded. In child
sexual abuse cases, the police often adopt the findings of the CPS (Child
Protective Services) agency which handled the complaint, so if you must ask the
question, that might be a better place to start than with the police. Either
way, the question is, do you really want to ask? You would then risk drawing
attention tan otherwise "lost" file, which could result in its
re-activation. Instead, I would recommend hiring private civil counsel to
threaten a lawsuit for an injunction, and/or harassment restraining order and
prosecute it if necessary. A well worded cease and desist letter from
accomplished local litigator will hopefully be enough, but you should also be
ready to follow through in court if it it isn't. And, that type of litigation
is so common that it would be less likely to draw attention to the case than
going directly to law enforcement. In fact, officers are understandably loath
to get involved in civil litigation, particularly this type, when the civil
lawyers seem to be doing the job on their own, and this might even help to get the
investigation closed as a "civil matter," if it is indeed still open.
Please forgive my typos if I am answering this by phone. If
any answer on AVVO helps you, mine or someone else's, please mark it as
"helpful" or "best answer" to help
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