The Illinois Attorney General's Office has turned down Mayor Mike Houston's request for an investigation into the premature destruction of police department internal affairs files, saying if criminal charges were indicated, it would fall under the jurisdiction of the Sangamon County State's Attorney.
The letter from Chief Deputy Attorney General Brent Stratton did not indicate whether any charges might be warranted, but simply noted that the state's attorney has primary jurisdiction in criminal cases. Because the file destruction prompted a civil lawsuit under the Freedom of Information Act, the AG's office says it would not be appropriate to intervene under that statute. And the letter says the other potentially applicable statute, the Local Records Act, does not include any provision for legal action in the event of a violation.
It was not immediately clear if Houston intends to redirect his request for an investigation by asking State's Attorney John Milhiser to get involved.