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The West Valley City Council on Tuesday deliberated a Salt Lake Tribune records request to release documents related to the investigation of Josh Powell, a person of interest in the case of his wife, Susan Cox Powell, who disappeared Dec. 6, 2009.
A response on whether the records will be released is expected Wednesday, following Tuesday night's discussion, Councilman Corey Rushton said.
Last week, Tribune reporters Aaron Falk and Nate Carlisle appeared before the council to ask that the records be released.
Falk argued that the investigation into what happened to Susan Powell began two years and four months ago and people are entitled to a general idea of how taxpayer money was spent. He also said that some records should no longer be protected from disclosure because Josh Powell killed himself and his two young sons in a gasoline-fueled fire at his Graham, Wash., home in February.
"We contend these should be public records," added Carlisle.
Clint Gilmore, West Valley City assistant chief prosecutor and police legal adviser, argued that disclosure of the requested records could interfere with the ongoing investigation into Susan Powell's disappearance. He said records can be withheld if release would create a danger of depriving someone of a right to a fair trial or reasonably could be expected to disclose the identity of a source.
Steve Powell, Josh Powell's father, is awaiting trial on voyeurism and pornography charges in Pierce County Superior Court in Tacoma, Wash. Family members of Susan Powell have said publicly that they believe Steve Powell may have been involved in his daughter-in-law's disappearance or knows what happened to her. Police, however, have never named Steve Powell a suspect in the case.
But Steve Powell has become intertwined with his daughter-in-law's disappearance after evidence emerged that he surreptitiously took photos of Susan Powell and kept a stash of photos of him masturbating to the woman's picture. Steve Powell went on national television to declare his love for Susan Powell, which the woman's friends and family described as an obsession. A trial for Steve Powell is scheduled for May 7.
After last week's West Valley City council meeting, members took the request for the records under consideration. The council has five business days to issue a decision, which could be to release all, some or none of the records. The deadline to make a decision is Wednesday, Rushton said.
The Tribune is appealing the denial of its request, made under the Utah Government Records Access and Management Act (GRAMA), for West Valley City police records concerning the investigation. The request was denied by City Recorder Sheri McKendrick, who cited the section of Utah law that classifies as protected law enforcement records that "reasonably" could be expected to interfere with investigations if released.
That decision was upheld by City Manager Wayne Pyle, who wrote release of the records would "unreasonably interfere with on-going investigation and potential enforcement proceedings resulting from those investigations." The newspaper then appealed to the council.
Susan Powell vanished from her West Valley City home. Her husband, Josh Powell, claimed he took his sons on a midnight camping trip to Utah's west desert and had no idea what happened to his wife.
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