A federal judge is being asked to unseal some of the documents associated with the MLK Day bombing case.
KXLY filed a motion in U.S. District Court Wednesday requesting probable cause affidavits naming Kevin Harpham as a suspect be released to the public.
Previously, U.S. Attorney Mike Ormsby has indicated that this is an ongoing investigation and that releasing information now could lead to the destruction of potential evidence.
However Harpham is now in custody, can?t destroy anything, and has been indicted by a grand jury, so the court has been asked for the information that led investigators to Harpham.
Long before the federal agents raided Harpham's home they used a series of search warrants to learn more about him. Sources say investigators focused on Harpham's shopping and internet habits. The searches were made legal only after investigators convinced a judge there was probable cause to issue a search warrant.
Typically, the reasons why a warrant was approved become public record once it?s served, but in Harpham's case, all five search warrants remain sealed.
?There's a couple of reasons were not seeking a court order to open the file at this point and the first is the investigation is still ongoing and until we complete the investigation we want to keep the information we have confidential,? U.S. Attorney Mike Ormsby said.
However, as time goes by, Harpham is getting that confidential information from his attorney. A judge has ordered that the government hand over its case against Harpham to his defense team by April 4.
So while Harpham will soon learn how and why he was implicated in the bombing plot, the public has been left in the dark.
?We will make sure the investigation is completed, and there is the possibility of additional charges against this defendant, and there may be other suspects, but I think its more likely additional charges may be brought,? Ormsby said.
If the court recognizes the legal merits of the motion the U.S. Attorney will have seven days to respond to it.