Who Really Killed Adam Walsh? Witness Wants Case Files in Murder of "America's Most Wanted" Creator's Son

NEW YORK (CBS) Who really killed Adam Walsh, the 6-year-old child of "America's Most Wanted" creator John Walsh?

Amazingly, it's still an open question for a key witness in the case, even though prosecutors and John Walsh considered it settled two years ago when they pinned the brutal 1981 kidnapping, killing and decapitation of the boy on drifter Ottis Toole, closing the long-open cold case.

Before his own 1996 death, Toole had confessed and recanted several times to the crime. He was never convicted.

But the case continues to haunt Willis Morgan, a witness in the case, who says that on the day the little boy was abducted from a Hollywood, Fla., Sears store, he saw serial killer Jeffrey Dahmer in the same location.

Now , according to the Miami Herald, Morgan is suing to get access to investigative files kept by Joe Matthews, a retired cop and close confidant of John Walsh.

Prosecutors relied heavily on Matthews' findings in closing the case, the paper said.

But re-opening the case may not be so easy.

The lawsuit claims that the files have either been destroyed or moved to Cuba, according to the Herald.

That's certainly odd for investigative files in a murder case, but Matthews was a private investigator and was allowed to take his evidence with him.

"They made a mistake in giving that material back," Morgan's attorney Thomas Julin told the Miami Herald. "It was their obligation to maintain a copy of their files."

Why all the mystery?

Ron Ishoy, a spokesman for Broward State Attorney Michael Satz, who is a defendant in the lawsuit, told the Miami Herald that Matthews' files were part of a manuscript and the former investigator hoped to write a book.

Perhaps then everyone will get to learn what's in those secret files.