Asst. AG Nancy Smith has fought to keep police records private, citing the ongoing nature of the investigation.

The legal dispute started in 2005 when Fred Murray sought access to investigator records under New Hampshire's Right-to-Know law and the Federal Freedom of Information Act.

Police denied the request, citing an exemption in the law for investigative files. While Maura's case is still classified as a missing person, prosecutors say there is still the possibility that criminal charges could be filed and the release of records could hamper future efforts to press criminal charges.

"Because of the facts of the case we don't have a body; we can't say for sure if Maura Murray is alive somewhere," Senior Assistant Attorney General Nancy Smith said in court. "We can't rule out that she may have left of her own volition. We cannot with 100 percent certainty say that a crime has been committed."

Murray's lawyer filed an injunction to force the release of the records. The matter ended up in Grafton Superior Court before Judge Timothy Vaughan.

Attorney Tim Ervin has been handling Murray's case on a pro bono basis. A law school classmate familiar with the case referred him and he's been drawn in ever since.

"It is a compelling legal issue," Ervin explained. "But I also have children."

The case has been a roller coaster ride.

Murray's original injunction was denied by Judge Vaughan in January of 2006. On appeal, the New Hampshire Supreme Court sided with Murray  and ordered the lower court to re-examine the issue. After an evidentiary hearing this April in Grafton Superior Court, Judge Vaughan again sided with police investigators.

Asst. AG Jeffrey Strelzin who is head of the Homicide Unit, predicted a 75 chance of prosecution, according to court documents.Asst. AG Jeffrey Strelzin who is head of the Homicide Unit, predicted a 75 chance of prosecution, according to court documents. 

"Even partial disclosure could reasonably be expected to interfere with law enforcement proceedings," he wrote in his decision of June 11.

During the hearing a Sgt. Todd Landry testified about the investigation into Maura's disappearance and why the release of specific records could harm police efforts.

N.H. Asst. Attorney General Jeff Strelzin also testified at the hearing and predicted a 75 percent likelihood of prosecution, court records show.

Fred Murray thinks that prediction has more to do with public relations than any accurate assessment of Maura's case.

"They [police] wouldn't hold up under a close look at their performance. They didn't do what they were supposed to do and they've been covering up ever since," Murray said.

Following the hearing, Judge Vaughan reviewed some of the records in private.

There are an estimated 2,500 records according to the New Hampshire attorney general's office.

The records in question include lab reports, phone records, subpoenas, photographs, investigative duty assignment logs, narrative reports by investigators and tapes of witness interviews. Murray is not seeking access to credit card statements, polygraphs, tax records, employment and medical records or other records the courts usually classify as privileged.

Ervin, who estimates he has put in over 400 hours on the case, is now trying to decide if there is room for further appeal.

Asst. AG. Smith told the court that the case is a balancing act. "We have two obligations; to comply with the right to know law...we also have an obligation to bring to justice people who have committed crimes... an obligation to look at our file and make sure we are releasing information from it that is not going to harm our ability to bring people to justice."

"We have two obligations; to comply with the right to know law...we also have an obligation to bring to justice people who have committed crimes... an obligation to look at our file and make sure we are releasing information from it that is not going to harm our ability to bring people to justice."  - Asst. AG. Smith

For Fred Murray the withholding of records is another in a long line of frustrations.