Case Records

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. Murray appealed the decision to the Supreme Court of New Hampshire

In December of 2006, the Supreme Court sided with Murray and agreed that the 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 the 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, offering an opportunity for attorneys looking to establish a significant presence in the field.

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