MADISON, Wis. — Milwaukee police do not have to release reports showing why a mentally ill man was taken into custody before he was released and committed murder, the Wisconsin Supreme Court ruled yesterday.

Emergency-detention statements kept by police departments are exempted from the state open-records law because they are mental health records, the court ruled. Those reports show why officers feel individuals pose such a threat to themselves or others that they must be committed for treatment.

The court ruled against the family and estate of Thomas Moore II, a Milwaukee man who was shot and killed two years ago by Sidney Gray. Moore's family sought the reports to advance a federal lawsuit that blames his death on city and county officials who let Gray out of custody.

Michael Watton, a Milwaukee lawyer representing Moore's family, called yesterday's decision in Watton v. Hegerty a major loss for Moore’s wife, three sons and the public's right to know.

"The family may never know what the police knew and did when they freed the person who killed their father," he said. "But this is a bigger loss for society. We should be able to examine the records of government officials to see what they do and see how the system works in order to correct it. Unfortunately in this instance, we can't get there."

Gray was a habitual burglar and had been in and out of jail and mental treatment facilities for years. He was arrested for car theft and attempted burglary in July 2006 but released from jail days later after prosecutors did not charge him.

The next day, Gray was trying to break into the home of Moore's neighbor when Moore confronted him with a bat. Gray then fatally shot Moore. Gray was found guilty and sentenced last year to 30 years in prison.

A month before the murder, Gray was detained by a Milwaukee police officer and then civilly committed to the Milwaukee County Health Complex for a week. Moore's family was seeking that officer's detention statement and a similar report showing what led to his detention about six months earlier.

Then-Chief Nannette Hegerty refused to release those records, saying the reports contained medical information and turning them over would violate Gray's privacy. Watton filed a lawsuit to force their release.

An appeals court had ordered the department to release the reports, saying they were not mental health records and must be made public.

The Supreme Court reversed that decision yesterday, saying emergency-detention reports are treatment records that cannot be released without written informed consent of the individual or a court order. Moore's family could still seek a court order seeking the records under the mental health law, the court said.

Watton said he disagreed with the decision because state law defines treatment records as those held by mental health authorities. In her opinion, Justice Patience Roggensack said the reports held by police were copies of those given to health authorities and therefore the same.

Melanie Swank, a city of Milwaukee lawyer who represented Hegerty, said the decision would help protect the confidentiality of mental health records.

"The public has a great right to know and a great deal of access to police records," she said. "But I think the Legislature went to great lengths to protect mental health records. That interest in this case outweighs the public interest in access."