It was argued during the trial that Ober's investigation does not fall under that category because not only is his investigation closed, but Ober is not a law enforcement officer nor an adjudicator for the county.
Beyond arguing an ongoing investigation exemption, the Department of Justice attorneys stated that if Barren Circuit Court releases Ober's documents, the DOJ "requests the opportunity to inspect and redact the documents, so as to protect the identity of sources and remove information that relates to our federal criminal investigation."
The Glasgow Daily Times' attorney and Barren County Attorney Jeff Sharp agreed during trial Aug. 9 that Ober's records are open records. Sharp expressed concern over privacy of witnesses and stated that he wanted the attorney general's ruling that the county violated open records law to be overturned.
The statement of interest was faxed to Barren Circuit Court and the parties in the case after 5 p.m. Wednesday.
Patton has possession of all of Ober's documents and recordings and he will still file a ruling whether the documents should be released to the Daily Times, and if they should be redacted before they are released.