City attorneys are concerned that if the city released the two reports based on GRAMA requests, a precedent would be set that would make all documents prepared in anticipation of litigation available to news organizations and future plaintiffs.

Heideman remained hopeful a settlement could be reached.

"I would hope this is indicative the city is working in good faith to come to a resolution in this matter," he said. "If they meant to say they are working prudently toward a resolution, I agree, but until we have a final response from the city to our proposed settlement offer, I can't agree or disagree.

"I trust given their prior effort to work in good faith they will continue in that manner."

The city has never indicated that the family would not be able to see the withheld reports if it chooses to settle, Provo spokeswoman Raylene Ireland said. The Deseret Morning News incorrectly reported otherwise in a story published Wednesday.

The city's original settlement offer includes boilerplate language that, if the family agreed to the settlement it would no longer be able to file a lawsuit or speak with the media, but it never included a clause that the family couldn't see all the documents related to the case, Ireland said.

Ireland and Heideman confirmed that the current settlement discussions, including the family's own settlement proposal, include a provision that would allow the family to review the records in their attorney's office.

Aston died Oct. 1 after he called 911 and said he could not breathe. The dispatcher misheard his address as "nine-fifty" N. 500 West when Aston lived at 915 N. 500 West. The dispatcher failed to follow procedure and confirm the address numerically as 9-5-0 or 9-1-5. Emergency crews could not locate Aston's apartment and the call, because it was made from a cell phone, could not be traced.

Aston was found dead four days later.

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E-mail: twalch@desnews.com