The Will County Sheriff’s Office is refusing to release police reports regarding an investigation of theft at a nonprofit organization despite a request of their disclosure by the Illinois Attorney General’s Office.

The sheriff’s office sent The Herald-News a letter on Wednesday stating they will not release the police reports in the case against Theodore “Ted” Brodeur, 59, of Shorewood, who is charged with stealing “in excess of $10,000” when he was CEO of Big Brothers Big Sisters of Will and Grundy counties.

On April 28, the Herald-News had submitted a FOIA request to the sheriff’s office seeking access to the reports on the investigation that led to Brodeur facing a felony charge of theft on Dec. 5, 2024.

When the sheriff’s office denied the request, The Herald-News appealed to the public access bureau of Illinois Attorney General Kwame Raoul’s Office.

On Sept. 8, Raoul’s office determined the sheriff’s office improperly denied the FOIA request from The Herald-News.

Raoul’s office requested the sheriff’s office provide The Herald-News with copies of the withheld records with only “permissible redactions” under state law.

“The Illinois Attorney General’s Office did not issue a binding opinion. The Will County Sheriff’s Office stands by our original denial,” according to a letter on Thursday from Kelsey Reid, the Freedom Of Information Act administrator for the sheriff’s office

The letter from the sheriff’s office highlights how government agencies in Illinois can still withhold records even after the attorney general’s office determines those records are subject to public disclosure.

It’s rare for the attorney general’s office to issue binding opinions. In 2024, Raoul’s office received 3,816 requests to review the denials of FOIA requests. The office issued 12 binding opinions and some of those opinions concerned FOIA requests submitted in 2023.

Reid’s letter from the sheriff’s office said they are “unable to provide” The Herald-News with “documents due to the fact this is a pending court case.”

“The release of the requested documents to anyone besides the defense or prosecution could jeopardize the court proceedings. The objective of the Will County Sheriff’s Office is to remain transparent while following the laws of FOIA,” Reid’s letter said.

The Sept. 8 letter from Assistant Attorney General Katie Goldsmith said the sheriff’s office did not “address how the disclosure of any particular information is likely to interfere with the fairness of the proceedings.”

Goldsmith said neither the exemption under FOIA regarding the deprivation of a fair trial nor any other provision of the state law “contains a blanket prohibition on disclosure of the records at issue to individuals other than the parties to the court case and their attorneys.”