TBI statement from Public Information Officer Susan Niland
As you know, TBI investigative case files are confidential by law. T.C.A. §10-7-504(2) (A), states in part “All investigative records of the Tennessee bureau of investigation … shall be treated as confidential and shall not be open to inspection by members of the public. The information contained in such records shall be disclosed to the public only in compliance with a subpoena or an order of a court of record.” So due to that confidentiality aspect, we are not able to address many of the specifics you’re asking about.
As with any case we have been requested to investigate, our findings are made available to the respective District Attorney General, and as something is documented by our Agents, that DAG has immediate access to information developed on these cases as they progress. If and when the DAG requests we investigate additional aspects of the case, we will do so. While the bulk of our investigation was provided to the DA by April of this year, Agents have continued to investigate additional angles as they develop. So we would object to the assertion that the case is being slow-walked. Once Agent Carrier left the agency, Agent Friel did continue the investigation.
When our Agents interview individuals as part of an investigation, those interviews are not required to be recorded, nor do the statements they obtain need to be sworn to be part of the investigative case file. So it would be incorrect to infer that because a statement was not recorded or sworn to, it was not included in the investigative case file.
While the Sheriff and Director Gwyn are professionally cordial … as the Director is with many law enforcement leaders ... to characterize that as a friendship would not be accurate. And it would also be inaccurate to suggest that the course of the investigation was at all affected by the fact that they know each other professionally. The Director is often requested to present awards to law enforcement officers from various agencies across the state, and will regularly speak at inaugural ceremonies when requested.
Finally, since the District Attorney does have the information contained in our investigative case file available for his review, I can’t speak to any other specifics as to a timeline, since that would be a determination made by that office.