Monday, July 27, 2020

Ex Spouse Blackmail Using Ten Year Old Child Sexual Assault Allegation


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.

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