Frederick J. Murray v. New Hampshire Division of State Police, et al.

In December 2005, the Fred Murray, represented by Timothy Ervin of Gallant & Ervin, LLC, sued the State of New Hampshire’s law enforcement divisions in Superior Court. Murray claimed that law enforcement’s refusal to release records related to Maura’s disappearance violated the Right-to-Know (FOIA) laws, and sought an injunction that would compel the agencies to hand over the documents.  In January 2006, the Superior Court determined that the documents were part of an investigation and that releasing them could potentially disrupt ongoing law enforcement activities.

Dissatisfied with the outcome, Murray appealed the decision to the Supreme Court of New Hampshire.  In December of 2006, the Supreme Court sided with Murray, concluding that law enforcement agencies had not met their burden to justify withholding the documents. The Supreme Court remanded the decision back to Superior Court. During the second round in Superior Court, several documents were released but for the most part, they maintained their initial position that the documents should be withheld.

This stance was supported by declarations from then Assistant Attorney General Jeff Strelzin, who, in his 2007 testimony, estimated a "75% likelihood of prosecution" in the matter. Yet, seventeen years have elapsed with no noticeable advancement, and there's no evidence to suggest that prosecution is forthcoming. This stagnation presents a compelling argument that the case is now prime for renewed legal action.

Despite the Superior Court’s refusal to release most of the documents, there was some useful information in the lawsuit, which are listed below. Links to the documents in reference are provided in the summaries.

Timothy Ervin (above; left) argues before the New Hampshire Supreme Court on November 14, 2006, while Fred Murray (below) listens from the gallery before speaking to the media outside the court room.

Frederick J. Murray v. New Hampshire Division of State Police, et al.

In December 2005, the Fred Murray, represented by Timothy Ervin of Gallant & Ervin, LLC, sued the State of New Hampshire’s law enforcement divisions in Superior Court. Murray claimed that law enforcement’s refusal to release records related to Maura’s disappearance violated the Right-to-Know (FOIA) laws, and sought an injunction that would compel the agencies to hand over the documents.  In January 2006, the Superior Court determined that the documents were part of an investigation and that releasing them could potentially disrupt ongoing law enforcement activities.

Dissatisfied with the outcome, Murray appealed the decision to the Supreme Court of New Hampshire.  In December of 2006, the Supreme Court sided with Murray, concluding that law enforcement agencies had not met their burden to justify withholding the documents. The Supreme Court remanded the decision back to Superior Court. During the second round in Superior Court, several documents were released but for the most part, they maintained their initial position that the documents should be withheld.

Nancy Smith (above) for the defense and Tim Ervin (below) for Murray argue at the NH Supreme Court on Nov. 14, 2006.

This stance was supported by declarations from then Assistant Attorney General Jeff Strelzin, who, in his 2007 testimony, estimated a "75% likelihood of prosecution" in the matter. Yet, seventeen years have elapsed with no noticeable advancement, and there's no evidence to suggest that prosecution is forthcoming. Some might argue that the stagnation presents a compelling argument that the case is now prime for renewed legal action.

Despite the Superior Court’s refusal to release most of the documents, there was some useful information in the lawsuit, which are listed below. Links to the documents in reference are provided in the summaries.

Fred Murray (above) listens to oral arguments in the gallery before speaking to the media outside the court room.

  • The Bill in Equity is Fred Murray's formal complaint accusing law enforcement violated transparency laws and, demanding corrective legal action.

  • This is a subpoena showing the approximate time Butch Atwood called 911 the night of February 9, 2004 (7:43 PM).

  • This Right-to-Know (FOIA) request from Fred Murray to New Hampshire Fish & Game cites the search dates in 2004.

  • This FOIA request from Fred Murray to UMass Police Department stating Maura’s hard drive and all files associated with her email address were handed to NHSP.

  • This document outlines Murray's exhaustive efforts to obtain information from various agencies and his repeated denials.

  • This is a list of the firefighters that responded to the scene on February 9, 2004.

  • This is the accident report associated with the single car crash Maura was involved in during the early morning hours of Sunday, February 8th in Hadley, MA.

  • This is a letter from Fred Murray to then Governor Lynch dated February 9, 2005.