Case Records and Right-to-Know (FOIA) Requests

The records in this section were obtained via FOIA laws, which in New Hampshire are referred to as the “Right-to-Know” law (RSA 91-A). As the name suggests, these laws rest on the belief that taxpayers are entitled to transparency in their government, and that the public's ability to scrutinize government records is essential to ensuring officials are held accountable. The right to obtain and review records includes access to law enforcement agencies and criminal case files, and contrary to popular belief, the fact that a record is part of an investigatory file is not considered a valid or sufficient reason to withhold it from the public. 

However, there are exceptions. The "Murray exemption," named after Fred Murray's 2006 court case, applies to records that, if released, could "reasonably interfere with law enforcement proceedings." Yet when this exemption was established, it was based on law enforcement's testimony that there was a 75% likelihood of Maura's disappearance leading to a criminal prosecution. At that time, this likelihood was considered sufficient to potentially disrupt an ongoing investigation. Given the lack of activity 17 years after the decision, it seems logical to surmise that the exemption no longer applies, and that renewed legal action could result in the release of previously withheld records. (See the Murray v. NH section for more information on the case.)