24FC:0064 Mark Milligan/Monroe County Sheriff’s Office - Status Report and Probable Cause Order

Date:
06/19/2025

Subject: 
Mark Milligan/Monroe County Sheriff’s Office  - Status Report and Probable Cause Order

Opinion:

The Iowa Public Information Board

Complaint 24FC:0064 was opened on July 30, 2024, and accepted by the IPIB on October 17, 2024. An Informal Resolution was adopted on December 19, 2024. This Status Report is developed to update the Board on the status of the complaint and to seek additional guidance.

Background

This case involves a missing persons case file opened regarding Harry Dennis Lane Milligan on July 1, 1984. The Complainant, Mark Milligan, is the brother of the missing person. (To avoid confusion, Harry Dennis Lane Milligan will be referred to as “Harry” and Mark Milligan will be referred to as “Mark” throughout this Status Report). Mark also worked in law enforcement for much of his career.

Harry was reported missing in 1984. Harry and his vehicle have not been seen or located for over forty years. The case is further complicated by the fact that DNA profiles were not available in 1984 and Harry was adopted. By the time DNA technology became available, law enforcement was faced with locating a biological relative of Harry for the purpose of DNA extraction and comparison to DNA in existing databases. The case and situation surrounding it are complicated and tragic. 

Over the last forty years, Mark and law enforcement have worked to locate any traces of Harry or witnesses who may have information. At times, Mark and law enforcement worked together. Other times, they have not seen eye-to-eye on the best way to proceed and areas of focus. 

Mark had access to the case file over the course of the past forty years to varying degrees. At times, he seems to have been granted unfettered access to the case file. At other times, access was limited.

It should also be noted that the current Sheriff was elected in January. While the current Sheriff has extensive experience with the case, he has inherited the case file in its current state as the new Sheriff. The case file has been passed down between sheriffs, deputies, and other law enforcement agencies over the course of forty years. 

With all the complicating factors present in this case, the most complicating is the approach taken by the Sheriff’s Office to divide the file into two components: The “old” case file and the “new” case file. The “old” case file is all contents from the start of the investigation and into the year 2020. The “new” case file includes elements of the old file plus any updates since 2020. 

These facts are relevant because there is a substantial history to this case that existed before the acceptance of the case by IPIB. This extensive history has influenced the trust and cooperation between the parties.

Applicable Law

“Every person shall have the right to examine and copy a public record and to publish or otherwise disseminate a public record or the information contained in a public record. Unless otherwise provided for by law, the right to examine a public record shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record.” Iowa Code § 22.2(1).

Present Status

On May 13, 2024, Mark requested access to the case file. The request included basic case file information, such as handwritten and typed reports, interview reports, and photographs. The request also included more detailed information, such as DNA results, DNA profiles, and requests and responses regarding adoption records in Iowa and Colorado.

On July 24, 2024, the Monroe County Attorney’s Office responded to Mark’s request and indicated the disappearance was an active investigation and the records would be treated as confidential with the exception of information regarding the date, time, specific location, and immediate facts and circumstances surrounding the crime or incident. In response, Mark filed a complaint.

IPIB accepted the complaint on October 17, 2024. An Informal Resolution was approved by both parties in December of 2024 and formally approved by IPIB on December 19, 2024.

The Informal Resolution required the following steps be taken:

• The County will provide the old case file to Mark.
• The County will work with IPIB staff to review the new case file and determine what portions should be released as a public record. The County will provide a justification for each record withheld. IPIB staff will review each justification to determine whether it is legally acceptable.
• Upon disclosing all public records responsive to the request or providing justifications for withholding the public records, Mark will provide a list of public records he believes have not been provided by the County. 

The Sherriff took office in January and IPIB staff met with the Sheriff and County Attorney on January 13, 2025, at the Sheriff’s Office. Discussion focused on what should be released. The following consensus was reached:

• The old file will be located, scanned, and provided electronically as a public record. There have been no updates to the old file since 2020 and it is considered a public record.
• Adoption records are part of the new file. Adoption records will be maintained as confidential.
• Genetic testing information is part of the new file. The Iowa Department of Criminal Investigation is the lawful custodian of all records related to genetic testing. Any requests for materials related to genetic testing should be made to the Iowa Department of Criminal Investigation.
• The Sheriff will review the remaining elements in the new file to determine what portions should be released or retained as confidential. Some witness statements will be retained as confidential pursuant to Iowa Code § 22.7(18).

On February 25, 2025, the Sheriff’s Office released the old file and portions of the new file to IPIB staff. IPIB staff directed some questions to the Sheriff’s Office. The files were released to Mark on March 26, 2025, with further explanation regarding the files.

IPIB staff met with Mark on two occasions to discuss concerns regarding the files. At the last meeting, it was agreed that the next best step would be to set a meeting with the Sheriff’s Office regarding Mark’s outstanding concerns. 

The Sheriff’s Office is reluctant to continue to discuss the case and there are timing concerns. This complaint has been open for nearly one year and has not been brought to complete resolution. At this time, IPIB staff seeks a recommendation from the IPIB to determine the appropriate next steps.

Outstanding Issues

Both parties have outstanding concerns and issues. Many of these concerns and are outside the scope of IPIB’s jurisdiction. For example, IPIB cannot compel the release of adoption records as they are protected by another Chapter. In addition, Mark must make a public records request to the Department of Criminal Investigation for any genetics processing information as this agency is the lawful custodian.

These issues aside, the primary unresolved issue at this time is that Mark has components of the case file he has collected over the years that are not included in the current version of the case file. This calls into question whether the full case file has been provided and if pieces of the case file have been unlawfully withheld.

Ideally, the parties would work together to determine if there are parts of the case file still available but misplaced or overlooked. This is a real possibility considering the length of time the file has been in existence and how many staff and agencies have handled the case file over the years. That being said, there is a significant amount of mistrust and lack of communication between the parties.

This case can be viewed in a few different ways:

1. There are no retention requirements pursuant to Iowa Code Chapter 22. The Sheriff’s Office has provided the case file currently in existence. There is no violation of Iowa Code Chapter 22 and the case should be dismissed.
2. There are questions regarding whether the case file provided to Mark is complete. The parties should be directed to further review the missing components to determine whether the full case file was provided.

IPIB staff is providing this update to the Board and seeking guidance on next steps regarding this complaint.

By the IPIB Deputy Director, 

_________________________

Kimberly M. Murphy, J.D.

Under Iowa Admin. Code r. 497-2.2(4) the Board takes the following action: 

• a. Redirect the matter for further investigation;
• b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
• c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
• d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

By the Board Chair

___________________________________

Monica McHugh