In a decision released Wednesday, the Rhode Island Supreme Court rejected a request by Gov. Gina Raimondo to make public the grand jury records in the 38 Studios case.

A criminal probe into 38 Studios – the video game company operated by former Red Sox star Curt Schilling – ended in 2016 without producing any charges.

In 2017, Raimondo went to court to press for the release of the grand jury records. Her request was initially denied in Superior Court, and she appealed the decision to the Rhode Island Supreme Court.

Former Attorney General Peter Kilmartin argued against releasing the grand jury documents when the case first went to court.

The Supreme Court’s 31-page decision offers a history of the grand jury process, noting how the first grand jury in Rhode Island was empaneled in 1640. The court notes how the process has long been secret, in part to protect the rights of the accused.

Ultimately, the court found, the Superior Court does not have the authority to release the grand jury records in the 38 Studios case.

In a decision written by Justice Francis Flaherty, the court also found that Raimondo did not present special or exception circumstances that justify the disclosure of the records, despite the strong public interest in the 38 Studios case:

“In the vast majority of cases offered by the governor to support her argument, in which a court has publicly released grand jury materials under special or exceptional circumstances, the subject of the grand jury was of unquestionably intense national historical interest; a significant amount of time – decades – had passed since the grand jury proceedings had closed; the disclosures were sought by historians;  and the courts released but a limited amount of information.”

The failure of 38 Studios in 2012 left state taxpayers on the hook for about $88 million. About $61 million of that was recovered by a lawsuit initiated by former Gov. Lincoln Chafee.

Raimondo spokesman Josh Block said the governor was disappointed by the decision.

“Governor Raimondo appreciates the time and attention the Court dedicated to this important case,” he said. “The Governor has worked hard to end the culture of special deals like 38 Studios and to provide more transparency into the way we do business in Rhode Island. While she respects the Court’s decision, she is disappointed that the public will not be able to gain additional insight into the failure of the 38 Studios deal.”