Executive Summary
- The Kentucky Attorney General upheld the Glasgow Police Department’s denial of records regarding a fatal October crash.
- A 2025 state law revised the standard for withholding records, changing the requirement from proof that release “would” cause harm to “could” cause harm.
- The crash on Veterans Outer Loop resulted in three fatalities and five injuries, with speed and alcohol suspected as contributing factors.
- Police officials argue that withholding the records is necessary to protect sensitive evidence and witness identities during the active investigation.
The Kentucky Attorney General’s Office has affirmed the Glasgow Police Department’s decision to withhold public records regarding a fatal October vehicle collision, citing a newly enacted 2025 state law that broadens law enforcement’s authority to limit information access during active investigations. The ruling addresses an appeal filed after police denied a request for 911 calls, scanner traffic, and computer-aided dispatch (CAD) reports related to the crash on Veterans Outer Loop that resulted in the deaths of three teenagers.
According to documents reviewed by the Attorney General, the Glasgow Police Department (GPD) rejected the records request on the grounds that releasing the materials could compromise the ongoing investigation. Under previous legal standards established by the Kentucky Supreme Court, agencies were required to demonstrate that disclosure “would” cause actual harm to an investigation. However, the Attorney General’s opinion notes that the 2025 legislative amendment lowered this threshold, now allowing agencies to withhold records if disclosure “could” pose a risk to the agency or the inquiry.
The Attorney General’s Office stated that the statutory shift from “would” to “could” indicates a legislative intent to implement a less stringent standard for law enforcement exemptions. The opinion confirmed that police must now only demonstrate that a hypothetical harm might occur, rather than proving a definitive risk. Consequently, the office upheld the GPD’s position that releasing witness identities, evidence subject to forensic analysis, and the direction of the inquiry at this stage was protected under the revised statute.
The underlying incident occurred on October 17 and involved a single-vehicle crash suspected to involve speed and alcohol. The collision claimed the lives of three teenagers and left five others injured. While the Glasgow Police Department emphasized a commitment to transparency, officials argued that protecting the integrity of the case remained the priority while detectives trace the source of the alcohol and investigate potential additional liabilities.
Legislative Impact and Transparency Standards
This ruling highlights a significant pivot in Kentucky’s open records framework, effectively reversing prior judicial precedents that favored broader public access to police data. By lowering the burden of proof for law enforcement agencies from a definitive “would harm” to a speculative “could harm,” the 2025 law grants agencies wider discretion in maintaining confidentiality during open cases. This shift suggests that media organizations and the public may face increased challenges in accessing primary source documentation regarding active criminal investigations in the state. It is important to note that while one arrest has been made in connection with this case, all individuals are presumed innocent until proven guilty in a court of law.
