Legal Question in Criminal Law in Louisiana

Children of Murder Victim's Rights

My father was murdered April 1, 2004 in a small town in Louisiana called Grambling. Although the case was initially ruled a suicide, and yet to be closed, my sibling, his sibling, and I are convinced that this was an all out murder.

The investigating officer, who is a relative of my father�s wife, refuses to release copies of the photos of the crime scene and the 911 tapes to any of us. He says he will only release them to the wife. For obvious reasons, the wife has pledge not to cooperate with any further investigations.

Can the investigating officer legally refuse even the victim�s children this information?


Asked on 9/21/04, 2:09 am

2 Answers from Attorneys
Andrew Casanave Andrew M. Casanave

Re: Children of Murder Victim's Rights

Since investigative records are not public the police have no obligation to release the information to anyone at all.

I suggest that your family contact the District Attorney of that parish. The decision to prosecute is his exclusively. He can obtain and review the evidence.

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Answered on 9/21/04, 9:52 am
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Children of Murder Victim's Rights

When and if the investigation file is closed, the records can be accessed under some version of the Open Records Act. Until then they are under the control of the District Attorney and Police Department charged with responsibility to investigate the incident.

Talking to the District Attorney's office may be your only option until the file is closed.

Jim Hough

770-607-5300

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Answered on 9/22/04, 4:36 pm


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