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Petition to Seal Autopsy Reports filed
Filed By:
.
State of Indiana
File Stamp:
03/28/2017
Order Issued
On March 28, 2017, State of Indiana, by Prosecuting Attorney Robert T. Ives, filed a Petition to seal the autopsy reports concerning Abigail Williams and Liberty German. The Court, being duly advised, FINDS as follows: 1) On February 13, 2017 Abigail Williams and Liberty German were killed just outside of Delphi in Carroll County, Indiana. 2) An investigation into these killings is ongoing. 3) No charges have been filed with connection to the killings. 4) The details related to the manner and mechanism of the deaths of Ms. Williams and Ms. German, if they remain confidential, make it easier for investigators to recognize a false confession as it is improbable for an innocent person to accurately describe the details of the deaths without personal knowledge. 5) Investigators are able to maintain a tactical advantage when speaking with a suspect if the manner and mechanism of the deaths of Ms. Williams and Ms. German are not made public. The Court, being duly advised, ORDERS as follows: State of Indiana has demonstrated by a preponderance of the evidence that public access or dissemination of the information contained in Ind. Code 36-2-14-18(a) would create significant risks of harm to the criminal investigation of the deaths of Ms. Williams and Ms. German. State of Indiana's Petition to Seal Autopsy Reports, filed March 28, 2017, is GRANTED. The Court ORDERS the Carroll County Coroner to PROHIBIT public inspection and copying the following information related to Ms. Abigail Williams or Ms. Liberty German: 1) The name, age, address, sex, and race of the deceased. 2) The address where the dead body was found, or if there is no address the location where the dead body was found and, if different, the address where the death occurred, or if there is no address the location where the death occurred. 3) The name of the agency to which the death was reported and the name of the person reporting the death. 4) The name of any public official or governmental employee present at the scene of the death and the name of the person certifying or pronouncing the death. 5) Information regarding an autopsy (requested or performed) limited to the date, the person who performed the autopsy, where the autopsy was performed, and a conclusion as to: a. the probable cause of death; b. the probable manner of death; and c. the probable mechanism of death. 6) The location to which the body was removed, the person determining the location to which the body was removed, and the authority under which the decision to remove the body was made. 7) The records required to be filed by a coroner under section 6 [IC 36-2-14-6] of this chapter and the verdict and the written report required under section 10 [IC 36-2-14-10] of this chapter. (Collectively the confidential autopsy information ) The confidential autopsy information shall remain confidential until further order of this Court. The Court shall enter further order if the Prosecuting Attorney notifies the Court that the investigation has concluded. The Court shall enter further order if any person demonstrates that access to the confidential autopsy information would not create a significant risk to the criminal investigation of the deaths, AND the public interest will be served by allowing access to the confidential autopsy information, per form. (Copy to State, Coroner 3/28/2017,HNC)
Judicial Officer:
Diener, Benjamin A.
Order Signed:
03/28/2017