In a letter to the Jefferson County Sheriff’s Office dated Oct. 25, 2021, the 18th Judicial District outlined its reasons for not filing charges in the deletion case, including the statute of limitations and insufficient evidence.
The letter, signed by Assistant District Attorney Tom Byrnes, further explained the insufficient evidence by stating that a witness in a leadership position other than Kluth knew about the conduct and didn’t report it at the time.
Second, they wrote that these actions didn’t actually erase the report because there was a hard copy available. Finally, they said that Kluth didn’t actually do the deleting and that the person who did — Robert McMahan — was acting “within the scope of his permitted network access.”
“No one gained unauthorized access to software or documents that they were not permitted to access,” according to the letter.
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