On April 13, 2007, Sgt. Todd Landry and Assistant AG Jeff Strelzin appeared in Grafton County Superior Court to answer questions about why the investigatory file on Maura Murray should not be released. Assistant AG Nancy Smith represented the state's interest. Timothy Ervin represented Fred Murray. Here are some highlights:
Ms. Smith: What is the most recent activity? How recently has activity occurred in that matter?Sgt. Landry: Just two -- three days ago, I was in contact with the law enforcement out in Ohio in regards to some human remains that had been found and they wanted to obtain dental records that we had in this case.Ms. Smith: Do you have opinion as to whether this case is more likely than not to result in criminal charges?Sgt. Landry: This may lead to criminal charges. My experience says it could go either way.
Ms. Smith: ...revealing the material that's been withheld might enable a person of interest to use what other witnesses have said to cover their tracks or to divert attention or muddy the waters. Is that something that you have had happen to you in other cases that you are investigating?Sgt. Landry: Yes.Ms. Smith: You have indicated that revealing material that has been withheld could endanger people that have talked to you, by providing that information to persons of interest...Sgt. Landry: Yes.
At this point, Fred Murray's attorney, Timothy Ervin, tells the court that they are no longer seeking several categories of information due to concerns about privacy should the info become public record. These include tax records, polygraph examinations, criminal record checks, medical records and military records.
On cross-examination Timothy Ervin pushes Sgt. Landry to reveal whether or not there is a person of interest in the case and Ms. Smith objects:
Ms. Smith: I'm concerned about that, because, again, this is, to the extent this is a small community, the people know... the people, the identity of those people is fairly well known.
Mr. Ervin: Has [your investigation] generally focused on individuals.Sgt. Landry: Individuals?Mr. Ervin: Correct.Sgt. Landry: Yes.Mr. Ervin: Is the investigation currently ongoing as to those individuals?Sgt. Landry: Yes.
Following testimony by Strelzin, Murray's lawyer leaves and Strelzin, Landry, and Smith provide "in camera" testimony about the specifics of the investigation ("in camera" means in the judge's chambers). Those records remain sealed to this day.