Judge denies Young's request for expungement - WDRB 41 Louisville News

Judge denies Young's request for expungement

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Josh Young during a court appearance in 2013. Josh Young during a court appearance in 2013.
Josh Gouker, was convicted of killing his stepson, Trey Zwicker. Josh Gouker, was convicted of killing his stepson, Trey Zwicker.
Trey Zwicker's badly beaten body was found in a creek bed outside Liberty High School in May of 2011. Trey Zwicker's badly beaten body was found in a creek bed outside Liberty High School in May of 2011.

LOUISVILLE, Ky. (WDRB) -- Judge Barry Willett has denied Josh Young's motion to expunge his murder case.

Last August, Young was acquitted of murder charges in the beating death of his 14-year-old stepbrother, Trey Zwicker, in May of 2011.

In requesting the expungement, Young's attorney, Elizabeth McMahon, had argued that state law allows judges to expunge charges 60 days after the case is dismissed. The law gives judges the authority to decide whether or not to expunge dismissed felony cases.  

The Jefferson Commonwealth's Attorney's office had urged Willett to deny the request and allow Young's case to remain public.

"It's a matter of public interest and it should remain out there because it was such a high profile case," said Assistant Commonwealth's Attorney Elizabeth Jones Brown in an interview. "We think the public has a right" to have access to the records.

On Aug. 9, 2013, a jury found Young not guilty of killing Zwicker. Young's father, Joshua Gouker, had already pleaded guilty to Zwicker's murder in an earlier trial, and said he acted alone. He was sentenced to life in prison. 

In late February, Young was a guest on the Dr. Phil show, where he confronted family members who claimed he confessed to killing Zwicker. He agreed to take a polygraph on the show but later backed out of it.

Willett released the one-paragraph ruling on March 4 with no further comment.

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