Inconclusive evidence and the exhaustion of all avenues of pursuit by the DeKalb Police Department has landed the telephone harassment case between 7th Ward Alderman Mark Powell and Northern Star Managing Editor Mike Lacy in the hands of the DeKalb County state’s attorney.

DeKalb Police Chief Joe Maciejewski said the case has followed regular procedures of investigation, but he said the department does not have enough evidence to make an arrest.

Maciejewski said, “We have sent all of our papers to the state’s attorney’s office for review. “The case is now inactive because we do not have sufficient evidence to make any arrests.”

Lacy has been under investigation since Powell presented recorded messages from his telephone answering machine that Powell claims were harassing in nature. Lacy’s phone number appeared on a police printout of calls received on the answering machine the day of the reported incident.

Maciejewski said the case will remain open.

“It (the case) is not closed or dead,” he said. “We will wait to see if anything else comes about.”

Lacy, who said he is “pretty tired of the whole matter,” said his attorney advised him not to comment further.

State’s Attorney Michael Coghlan said he has received information concerning the case from the DeKalb Police Department, but he did not say how long the investigation will take.

Powell was not available for comment.