Bath police and Sagadahoc County officials are refusing to release records that could shed light on what happened in the weeks leading up to an October double murder-suicide.

On Oct. 6, 2024, Michael Bailey shot his wife, Lisa Bailey, and daughter, Jennifer “Jennie” Bailey, in the back as they fled the home before going back inside and turning the gun on himself.

Soon after, county emergency dispatch records revealed that police had been called to the address twice in one day two weeks before the shooting. The first call was a report of an assault with a knife around 8:30 a.m. on Sept. 24, 2024, and the second just before 2 p.m. was about a family fight.

In the wake of the killings, The Times Record filed Freedom of Access Act requests for police reports and body cam footage from the day of the shooting, as well as the two prior visits to the Bailey home. The paper also requested 911 call records from Sagadahoc County Communications, which oversees emergency dispatch in the county.

On Oct. 25, 2024, Bath police said they would not release the requested records, citing advice from the city’s attorney, Portland-based Bernstein Shur. Sagadahoc Communications denied the FOAA request on Wednesday. Both agencies cited concerns about the victims’ privacy.

Maine’s Freedom of Access Act outlines what government proceedings and documents should be available and open to the public. The intent is to ensure transparency in publicly funded agencies. There are exceptions outlined in statute that allow government entities to withhold records.

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Bath police cited Maine’s Intelligence and Investigative Record Information Act as the reason for the initial FOAA denial. They argued that investigative records should be confidential “if there is a reasonable possibility that public release or inspection of the record would, among other things, interfere with criminal or civil proceedings, constitute an unwarranted invasion of privacy, or disclose confidential sources or information.”

In this case, the only exemption that could apply is invasion of privacy. There will be no charges because Michael Bailey is dead and the case does not involve confidential sources or information.

Sigmund Schutz, an attorney who represents Maine Trust for Local News, which includes The Times Record, sent a letter responding to the Bath Police Department’s FOAA denial.

“While we respect your responsibility to safeguard personal privacy in appropriate circumstances, here the public interest in disclosure of the requested materials outweighs any possible personal privacy interest of the deceased individuals involved,” Schutz wrote.

The letter went on to outline Maine court rulings that found privacy rights were outweighed by the public’s right to know information and that “rights to privacy are ‘purely personal,’ meaning that they are extinguished upon death and cannot be asserted by a decedent’s relatives or other third-parties.”

“The records sought by The Times Record would serve a significant public interest by informing the public about widely reported events of substantial public interest and concern, including law enforcement’s response to the most serious felony crime, a homicide, as well as police responses to the same address just weeks before the homicide,” Schutz added.

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In response to the letter, police released heavily redacted versions of the reports that revealed little new information, again citing privacy concerns. The reports showed that police went to the home on Sept. 24 and interacted with the Baileys, but all information about what the Baileys told police was removed, as were details about whether the police took any action.

Statements written for police by Jennifer and Lisa Bailey detailing the events of Sept. 24 were entirely blacked out.

Another FOAA request filed with Maine State Police, which recently wrapped up its investigation into the killings, is still pending.

There is so far little information about what prompted the Baileys to call police on Sept. 24. Most of what has been revealed came from family friends and neighbors who witnessed parts of the police responses and the shooting.

Kerry Smith, of Lewiston, Jennifer’s best friend, said Jennifer told her about both reports.

Jennifer was cutting strawberries that morning when her father bumped into her, Smith said. She made a joke about how he should be careful because she’s holding a knife, then he called the police to report that his daughter had stabbed him, Smith said. Later, when Jennifer was at work, Michael locked Lisa out of the house, prompting the second police call, she said.

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That afternoon, the women kicked Michael out of the house, Smith said.

A neighbor who did not want to be named said he saw the police respond on Sept. 24. He said officers carried a couple of rifles from the home but said they soon carried them back inside the home.

A week later, records show Lisa and Jennifer Bailey went to the police station to follow up. Police told them that officers already gathered their statements at the scene. Both women chose to write additional statements anyway, and Jennifer asked to see the Sept. 24 police reports. The officer told Jennifer she would have to fill out a public records request.

The statements Jennifer and Lisa filled out that day are entirely redacted.

Michael killed the women four days later.

Editor’s note: The Times Record redacted Lisa and Jennifer Bailey’s birthdates, phone numbers and email addresses from the reports because of identity security concerns.

The Portland Press Herald contributed to this report.

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