The Kentucky Attorney General ruled that the Kentucky State Police violated the state's open records law when it denied a DNA laboratory file request without specifying which law authorized the withholding, according to a decision issued Feb. 5. However, the office ultimately upheld KSP's denial of the records themselves as lawful under state law.

Inmate Jerry Winstead requested laboratory files, including DNA analysis notes, extraction logs, amplification sheets, chain of custody documents and other forensic materials related to a specific case. KSP denied the request with only a brief statement that "the statute prohibits" disclosure.

The Attorney General found this response inadequate. State law requires public agencies denying records requests to "include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies." KSP failed to identify any statute or explain how it applied, the decision states.

On appeal, KSP explained that most of the requested records are DNA identification records, which Kentucky law classifies as confidential and exempt from public disclosure under KRS 17.175(4). The remaining documents are fingerprint records submitted to the Automated Fingerprint Identification System database, which are also exempt under KRS 17.150(4) as part of a centralized criminal database.

The Attorney General upheld both exemptions, noting that similar requests for DNA laboratory case files have been denied in previous decisions. The office found that DNA records produced from samples are confidential and limited to law enforcement purposes only.

The decision is one of many involving the tension between Kentucky's Open Records Act, which establishes a general right of public access to government documents, and statutory exemptions that protect sensitive law enforcement and forensic information.

Winstead may appeal the decision to circuit court within 30 days. The Attorney General's office oversees open records disputes in Kentucky and has authority to resolve such appeals.