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West Valley City denies appeal for release of records in Powell case

Crime » The Salt Lake Tribune had argued documents should be made public.

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When pressed about the need to protect the forensic reports, Gilmore responded that "no one can anticipate a document’s future worth to a hearing, interview or prosecution. That would be revealing something about the case we don’t want to reveal."

Last month, a 3rd District Court judge released 84 court documents filed in the case following two years of effort by The Tribune to get the records unsealed. Those documents included search warrants and affidavits that showed police almost immediately classified the case as a kidnapping and murder investigation.

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But the city has refused to make other documents public. Last month, it turned down an appeal filed by Washington attorney Anne Bremner, who had requested investigative records on behalf of Chuck and Judy Cox, Susan’s parents.

In announcing that decision, council member Corey Rushton said it was clear after reviewing records in private that releasing them would interfere with an ongoing investigation into what happened to the young mother. The council did not specify what records it reviewed.

Bremner has said she still intends to take the city to court over that decision.

The FBI this week also denied a request for any documents related to Josh Powell made by the Tribune under the Freedom of Information Act.

The agency based its denial on a provision of the act that protects records and information which "could reasonably be expected to interfere with enforcement proceedings."



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