UPDATED: Kentucky Supreme Court: More police files must be open

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By Jim Hannah/The Kentucky Enquirer

FORT THOMAS — The Kentucky Supreme Court ruled Thursday that the city of Fort Thomas could not keep the entire investigative file on Robert McCafferty’s death secret.

The justices found there was no exemption to the state’s Open Record Act that justified the city withholding the entire file until McCafferty’s wife, Cheryl, completed her 18-year sentence for fatally shooting her husband in June 2007.

Law enforcement records are exempt from the act “only if their disclosure would harm or interfere with a prospective enforcement action in some significant and concrete way,” Justice Lisabeth Hughes Abramson wrote in the unanimous decision.

“I think the best thing about the decision is it really eliminates the ability to throw a blanket over information,” said Enquirer lawyer Jack Greiner.

“That was the approach Fort Thomas was taking. The court is saying some things may be covered by an exception but not without some evidence.”

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