WEST VALLEY CITY, Utah (ABC 4 News) – Three strikes and you're out. The family of Susan Powell has filed a third request with the city of West Valley for the police files into their daughter’s disappearance. If this third request is denied they say they’re prepared to file a lawsuit.
Josh Powell, the only publicly named person in the disappearance of his wife Susan Powell, is dead. He killed himself along with his two children in a house fire back in February. Now, five months later, the West Valley Police Department is still unwilling to share their records into Susan’s disappearance with her family.
Anne Bremner, the Cox family attorney, spoke with ABC 4 News Tuesday. “They keep saying it’s an ongoing investigation, but we know Josh Powell is dead,” said Bremner. “And there’s no other investigation including him that we know of.”
Bremner says the Cox family has every right to the records under Utah’s victim’s rights law. “In Utah the statute states the victims have the same rights as those accused of the crime and so what I’ve been arguing is that defendants in criminal cases have a right to the records so why wouldn’t the victims have the same rights.”
Bremner’s request has been shot down twice. Once by the West Valley Police Department in May and the appeal was denied by the city in June. Now Bremner is moving on to the city council. It’s the last step before she files a lawsuit against West Valley for the disclosure of the documents.
“They want to find Susan first and foremost they want to know what’s been revealed for her potential whereabouts in these records,” said Bremner.
The Coxs not only want to find out what happened to Susan, they want to make sure nothing like this ever happens again. Bremner says it’s possible the documents could reveal mistakes that were made in the investigation that could be used in a potential civil trail.
“They want to take a look in to whether there’s any issue of a problematic investigation where we can point out things that shouldn’t happen in the future,” said Bremner.
ABC 4 contacted West Valley Police Sgt. Mike Powell for comment but he declined saying, “We’re not going to address that at this time.”
The West Valley City Council will set a date for the hearing. At the time of publishing the city’s attorney also did not return phone calls regarding this case.