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Tacoma, Wash. • An attorney for the parents of Susan Cox Powell who filed a formal request with both the West Valley City Police Department and the Pierce County Sheriff's Department in Tacoma, Wash., to review all investigative files related to the missing woman's case will soon receive the documents.
Anne Bremner, a Seattle attorney who represents Chuck and Judy Cox, filed formal requests last month under Utah's Government Records Access and Management Act and Washington's Public Records Act for "complete copies of any and all investigative files concerning the disappearance of Susan Cox Powell."
Bremner said Wednesday that Pierce County has agreed to give her all the documents she has requested following the voyeurism trial in Tacoma for Steven Powell, Susan's father-in-law. The trial is expected to end next week.
Bremner said she is still waiting to hear from West Valley City. The city's 10-day deadline to respond to Bremner's request was by the end of Wednesday.
Bremner considers Pierce County's response a major victory, she said. And she plans to share information in the files with the public.
"Unless there is some kind of prohibition that I'm given that is specific and well-founded, then I plan to [share the information with the public]," she said.
Bremner is seeking the documents on behalf of the Cox family for "potential litigation in which they may seek civil redress in connection with Susan's disappearance on Dec. 6, 2009," her request stated.
Bremner said recently that although West Valley City Police Chief Thayle "Buzz" Nielsen told the Coxes in February that they could review files related to their daughter's case, the family has not yet received any documents that give them insight into how West Valley City has handled the investigation.
Nielsen visited the Coxes in Puyallup, Wash., in February after the Coxes' son-in-law, Josh Powell, killed himself along with his two young sons in a gasoline-fueled fire at his Graham, Wash., home. Josh Powell was the only person of interest named in the disappearance of his wife.
In her request, Bremner referenced laws that entitle crime victims, survivors and witnesses access to investigative files in some cases.
"Although public-disclosure laws exempt some police investigative files from disclosure, the exemption applies only where disclosure would compromise the investigation or violate an individual's right to privacy," Bremner wrote in her request. "Neither factor is at issue here. The investigation into the disappearance of Susan Cox Powell has been a joint agency investigation between West Valley City Police and the Pierce County Sheriff's Department. We believe Washington law applies to our request as well."
Bremner wrote that the Cox family seeks the investigative files to "further our representation."
"Release of the information we are seeking would further the interests of justice because it would allow us to better represent our client, the victim in this case," Bremner wrote.
West Valley City has denied a similar request from The Salt Lake Tribune, which asked the city to release all documents related to the investigation of Josh Powell.
The West Valley City Council last month denied the request, which had previously been denied by West Valley City's city manager.
In a four-page document outlining the reasoning behind the denial, West Valley City officials wrote that Utah law allows the city to classify records as protected if the records "reasonably could be expected to interfere with investigations undertaken for enforcement, discipline, licensing, certification or registration purposes."
The city also stated that releasing the documents may "create a danger of depriving a person of a right to a fair trial or impartial hearing," among other reasons cited.
"As requested, 'any and all documents pertaining to the investigation of Joshua Powell as a person of interest in the December 2009 disappearance of his wife, Susan Cox Powell,' meet the criteria of protected records," the document states.
Terry Orme, managing editor of The Tribune, has said the council's decision to deny the release of the records is not in the public's interest.
"The Tribune thinks that the public has the interest and the right to have a glimpse into the investigation of Susan Powell's disappearance. First, this investigation has been going on for more than two years without any discernible progress. Second, significant taxpayer-funded resources have been expended in this investigation.
"Citizens deserve to know how their money is being spent," said Orme.
"Third, the only individual named by police as a person of interest has killed himself and has killed two innocent children along the way. This all argues for West Valley City to open up its investigative documents to see how this process has been handled."
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.
Twitter: @mrogers_trib