Pompano Beach, FL asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Florida

Q: investigators closed a 6m case without checking into phone records or other social media because victim had done drugs

My partner was found naked floating in a ravine in Florida last September. His clothes, phone and other possessions he would typically carry never found. The family has given investigator so much information to investigate such as phone number and social media that he could have looked into. Like who he was last talking to. The investigator was so slack in the investigation that he literally told us after our repeated unreturned calls that he has been busy with a new murder case. My partner was gay and had a drug past and now I feel the investigator could have cared less if he solved this case or not. I want to get all of his investigation notes. Does anyone know how I could go about doing that? His mother has given me power of attorney as she was legally his next of kin.

1 Lawyer Answer

A: Sorry about your situation. I will say that police officers are people and we as people do not always go the extra mile for a variety of reasons (good or bad). That being said, a power of attorney from your partner's mom to act on his behalf is not legally valid. She cannot grant a power of attorney for her deceased son. In fact a power of attorney cannot exist for a deceased person. legally you might have to open a probate and get appointed by the Judge to have the authority to look into this matter further. You might also try speaking with the investigator's supervisor to see if they will reopen the case. Again, sorry for your circumstances but you will likely have difficulty in doing what you want to do unless you get legal authority to do so from a probate court.

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