Unseal Delphi Murders Probable Cause Evidence in Accordance to Indiana State Law

The Issue

Nick Mcleland, the County Prosecutor, cites Rule 6 of Indiana Rules of Court to prohibit the public’s access to court records under extraordinary circumstances. In order to exclude public access to public records, the county must demonstrate:

(1) The public interest will be substantially served by prohibiting access;

(2) Access or dissemination of the Court Record will create a significant risk of substantial harm to the requestor, other persons or the general public; or

(3) A substantial prejudicial effect to on-going proceedings cannot be avoided without prohibiting Public Access.

We, the public, find that substantial harm to the public’s safety is at risk, which should be weighed heavily. The suspect arrested for the murders of Abby and Libby lived in the small community of Delphi, Indiana and worked as an employee of CVS for 5+ years. There is presumption that the suspect could be tied to child pornography rings and routinely processed photographs within that CVS. The suspect had access to lethal prescription medications and confidential health records of the public. For 5+ years, the public was told by Carroll County Sheriffs Office that the public was not at risk. Numerous unsavory activities by the Carroll County Sheriffs Office were uncovered within those 5+ years and are currently under investigation. Indiana  Rules of Court, specifically Rule 6, applies a presumption of openness and requires compelling evidence to overcome this presumption. We find the publics safety continues to be at risk and demand records. Sealing records from the public sets a dangerous precedent and violates the Freedom of Information Act, which is in place to ensure citizens are informed, vital to the functioning of a democratic society. The United States is not a fully realized police state where officials can arrest an American citizen on American soil without transparency and the oversight of the public and the press. We are demanding that the probable cause document be released to the public in accordance to Indiana State laws.

Victory
This petition made change with 104 supporters!

The Issue

Nick Mcleland, the County Prosecutor, cites Rule 6 of Indiana Rules of Court to prohibit the public’s access to court records under extraordinary circumstances. In order to exclude public access to public records, the county must demonstrate:

(1) The public interest will be substantially served by prohibiting access;

(2) Access or dissemination of the Court Record will create a significant risk of substantial harm to the requestor, other persons or the general public; or

(3) A substantial prejudicial effect to on-going proceedings cannot be avoided without prohibiting Public Access.

We, the public, find that substantial harm to the public’s safety is at risk, which should be weighed heavily. The suspect arrested for the murders of Abby and Libby lived in the small community of Delphi, Indiana and worked as an employee of CVS for 5+ years. There is presumption that the suspect could be tied to child pornography rings and routinely processed photographs within that CVS. The suspect had access to lethal prescription medications and confidential health records of the public. For 5+ years, the public was told by Carroll County Sheriffs Office that the public was not at risk. Numerous unsavory activities by the Carroll County Sheriffs Office were uncovered within those 5+ years and are currently under investigation. Indiana  Rules of Court, specifically Rule 6, applies a presumption of openness and requires compelling evidence to overcome this presumption. We find the publics safety continues to be at risk and demand records. Sealing records from the public sets a dangerous precedent and violates the Freedom of Information Act, which is in place to ensure citizens are informed, vital to the functioning of a democratic society. The United States is not a fully realized police state where officials can arrest an American citizen on American soil without transparency and the oversight of the public and the press. We are demanding that the probable cause document be released to the public in accordance to Indiana State laws.

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