The Campaign For DA

9.01.2015

The Reason Montague County DA Gets To Withhold Records About Shooting

From the AG's office: 


So if there is no prosecution at all, they don't have to release the records? Even when the guy was dead and there could never be a prosecution? There was never an "investigation" which was intended for prosecution and, therefore, there was never an intent to even seek conviction or deferred.

You experts out there: Help the media out. Is there a way to refine the request? Make it to a different agency?  I basically want a request that takes it out of 552.108(a)(2).

Edit: Wait a second. You want to know how that exception the DA is relying on reads: The information does not have to be released if "it is information that deals with the detection, investigation, or prosecution of crime only in relation to an investigation that did not result in conviction or deferred adjudication." Ok, that is the law. But the Attorney General is relying on the DA to honestly represent that the information requested falls within that exception.

There was a dead guy. And a dead dog. Any investigation was not done "for the detection, investigation, or prosecution of crime." Those records were created for this: Let's document what happened on the part of law enforcement as to how we handled this. They weren't created to detect crime, investigate crime, or prosecute crime.

The Messenger needs to amend its request to the DA in this manner: "We request any and all documents in connection with [identify the date and describe the event broadly] that were not created for the detection, investigation, or prosecution of crime but were created for any other purpose. If any document contains information which partially falls within and without section 552.108(a)(2) of the Texas Government Code, we request those documents in a form that redacts information protected by  the letter of the Texas Attorney General sent to you on June 24, 2015 regarding our previous request."

Then wait and see if the DA's office says there are no such documents. If they do, don't use the ridiculous remedies available by law under that open records act. Instead, do identical requests to the multiple agencies and offices which certainly possess the same records. (Hard copies, pdf or other computerized formats. Heck, the investigation was will be the focus of a seminar! It involved Montague County, Wise County, and DPS! Those records are everywhere!) I can think of a dozen entities/agencies off the top of my head who will have those records.  And if those records do exist within those entities I'm thinking about, the head of at least one of them will be honest and release them. Then the Messenger has the records AND a huge story of what it took to get them.

And if the head of those agencies and entities reading this know they have records that they would have to turn over, you might want to give the Montague County DA a courtesy call right now.

And here is a thought: Why doesn't the DA just release them?

18 comments:

Anonymous said...

Let it go Skippy. We want all of Hillary's emails too but that ain't gonna happen.

Anonymous said...

Maybe it was a cop on cop crime. Let it go!

Anonymous said...

More government BS, legal mumbo-jumbo.

Anonymous said...

Lie, seems to be SOP for the judicial industrial complex

Anonymous said...

God God, give it up man.

Anonymous said...

I disagree with these rednecks. Keep it up, Barry!

Anonymous said...

Sweet little bu bear,

Think of all the ambulances that you could have been chasing instead of wasting your time on this jibberish. Stop being an angry old white guy and let it go.

Anonymous said...

Don't let it go! Melt the ice of intransigence!

DF Elsa

Anonymous said...

The law is the law. Don't like it... Elect someone else.

Anonymous said...

The da ant talking. They r tight liptt. No one talking. Welcome to montage county.

Anonymous said...

You are becoming tedious. That's not what made your blog popular. Think about it

Anonymous said...

4:50 -- BS. The law is broken and those who administer it are corrupt. Elect someone else? How can you when the entire system is fixed. Get a clue, bozo. "The law is the law" - what kind of stupid statement is that, anyway?

Anonymous said...

"Heck, the investigation was the focus of a seminar!"

WILL BE, not WAS the focus of a seminar. Happens next week.

Anonymous said...

I guess this blog is an example of a "mindful activity"

Anonymous said...

you people that believe it is ok for the government to keep secrets about a citizen, criminal as he may have been, dying at the hand of the government frighten me...think about it....

good job bg, keep at it

Anonymous said...

Absolutely, do not let the release of records issue go. You are on to something important.

Anonymous said...

I don't have time to go into this right now, but if they do amend their request, here is my hot sports prediction: the DA will simply send a request to the AG again but state that there has already been a ruling on the records being requested and the AG will rubber stamp that with a one paragraph letter saying the documents may continue to be withheld based on a previous ruling. I'm not saying it is right or I like it but that's how this plays out. Back in the day I requested hundreds of AG opinions on behalf of various governmental entities-- if I have some time over the weekend i'll look at this more in depth and see if I can't figure out how to get the documents. I love Public Information Act stuff.

Anonymous said...

So while they were running around in the woods searching for a suspect they WERE NOT conducting an investigation or detecting a possible crime??? And they WERE NOT doing that because the OUTCOME was a dead suspect - therefore no prosecution?? So a crime is a crime ONLY when there is a prosecution under your logic.

So Amber Hagerman WAS NOT the victim of a crime because no one was prosecuted.

When Evan Ebel shot the Montague County deputy in the face in March of 2013 NO CRIME must have been committed because the suspect was later killed in a confrontation with law enforcement near the Wise County Sheriff's Office.

Read that little word - "OR" - in the law counselor. The records relating to the shooting on that day are directly related to the detection OR investigation of a suspected crime that ended without a prosecution.

"And if those records do exist within those entities I'm thinking about, the head of at least one of them will BE HONEST and release them" --- what exactly are saying?