Teague 8 26FRANKFORT, Ky. (11/6/17) — A Franklin County judge ruled that Kentucky State Police release requested records involving Heather Teague’s disappearance from Newburgh Beach in Henderson 22 years ago.

Madisonville attorney Chip Adams filed the open records appeal on behalf of Sarah Nell Teague, Heather’s mother, late last year in Henderson Circuit Court. KSP requested the case be heard in Franklin County.

KSP contended Teague’s disappearance was still an open criminal investigation last year. The state’s attorney general denied the open records appeal July 31 to produce recordings regarding the original 911 call made by witness Tim Wathall, who claimed to have initially reported the abduction Aug. 26, 1995.

According to civil court appeals documents entered into Franklin Circuit Court Nov. 1, Division 1 Franklin Circuit Judge Phillip Shepherd ordered KSP release physical tapes and corresponding documentation to Teague on the basic policy of “free and open examination of public records” pursuant to KRS 61.871.

“KSP has admitted to playing the 911 phone call for Petitioner both in 2008 and on November 5, 2015, though Petitioner may dispute the specific date of the second playing,” Shepherd wrote. “In any case, KSP has failed to meet its burden to articulate to this Court specific concrete reasons for withholding the documents in question, other than a reference to an ‘ongoing investigation’ — an investigation that this Court notes has been in an ‘ongoing’ status for over twenty-two years.”

Court records reveal KSP argued that both physical 911 tapes and chain of custody documents were exempt from the open records act due to the evidence being used in “prospective law enforcement action.”

The judge cited the case “has yet to be solved or be designated as ‘closed,”’ finding KSP’s concern of harm as “vague, speculative and extremely remote based on underlying facts of the Open Records Request.”

Shepherd also noted KSP admitted to allowing Teague to hear the 911 tapes and has not met the burden to withhold the documents in question, “other than a reference to an ‘ongoing investigation.’”

Teague said on the 22nd anniversary of her daughter’s disappearance outside her home in Madisonville this year that she heard two different 911 tapes on two separate occasions, noting the Aug. 26, 1995 original recording can no longer be found. She also believes the suspect involved in the kidnapping did not fit Marty Dill’s description at that time.

Teague 8 26 2

Teague and Adams also previously stated they heard a different 911 recording last winter.

KSP Post 16 believes prime suspect Dill committed suicide before detectives could question him, although the investigation remained open.

Heather was 23 years old when she went missing. It was reported that she was sunbathing on Newburgh Beach, when a man with bushy hair and a beard abducted her at gunpoint and drove away with her in a red Bronco.

“They said the man that took her had bushy hair and a bushy beard,” Sarah said. “(Marty Dill) was bald.”

Sarah hopes to get the answers after all the years of not knowing the whereabouts of her daughter, who has yet to be found.

Doreen Dennis
SurfKY News Director
Region 2

 

 

 

 

 

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