Written arguments filed by Scales' attorney, April Edwards, spell out numerous alleged discrepancies and unanswered questions about Kelley's death and the month-long investigation before she was found. Some of them are:
- Indiana State Police found a message from Kristy Kelley on the phone of her ex-husband Clay Kelley from Aug. 9, 2014, which stated, 'you would probably kill me and hide my body'
- That Clay Kelley had reportedly texted her the same night asking to her to meet him
- The alleged text messages were later reportedly found to be missing from Clay Kelley's phone, for which he blamed an auto-delete phone function
- That Clay Kelley told police he and Kristy had been arguing but he was home with their children when Kristy Kelley went missing
- A polygraph test was 'inclusive about whether or not Clay Kelley was truthful when he answered 'no' when asked if he directly caused her disappearance
- Polygraph tests indicated VFW employees Dennis Hill and Tom Mattingly were being deceptive when answering 'no' to the same questions
- That the 0.11 percent blood alcohol content of Kelley's body was most likely related to decomposition and that it would have been much lower at the time of her death
- That her vehicle was found in park and the keys were out of the ignition and found with her body in the rear compartment
- That Scales reportedly was never contacted by investigators after he told them he found pieces of Kelley's damaged vehicle at an intersection more than a mile away from where her body was found.
Among reasons Kruse gave for denying the records request, in an affidavit filed in Warrick County Superior Court, was that he had consulted with the prosecutor during the investigation and it was determined there was not enough evidence to charge anybody with a crime.