Ok this is difficult with so little Information and no co operation from LE. Personally, I would go about this in one of two ways that are potentially good options:
1. I would submit a FREEDOM of INFORMATION application asking for all documentation held by LE in respect of your brothers Murder and be clear that you have been told that it’s not being investigated therefore they cannot use the excuse of
“We can’t release details because it’s still under investigation “! They can’t have it both ways .
If you get something positive back then great. If you don’t then I would do the following:
2. Write to whoever is in charge of your Police Dept and explain that you want to look into it more as it’s been 38 years and nothing has happened to get justice for Kevin . Explain that you have been told by the Detective (s) that it is no longer being investigated so can you either have the investigation file so that you can try to get some form of justice, if not closure . Then ask him Is it possible to be investigated as a cold case ? You can only try and he can only say yes or no. Then once you have done that, come back to us with an update and we can regroup from there and look at what else can be done to progress the investigation. Also, just thinking about your letter to the Police Chief ( unless you make an appointment to see him face to face), if he won’t agree to release the file , try and ascertain what forensic evidence was found and where is it now and is it possible for it to be forensically tested in the lab , either by the Investigators so that the chain of continuity isn’t broken or if the answer is
‘No can do’ then ask for the clothing etc be signed over to you and you can then have it forensically examined. If he does hand any tangible evidence to you, for example Kevin’s clothes then make sure that they put it in a forensic retrieval bag and that he signs it as it leaves his possession and then you sign it as taking possession of it . Good luck with it .
