We May Never Learn the Truth from Uvalde PD Thanks to Texas Legal Loophole
A new report indicates that it is potentially possible that the full story of the Uvalde police response to the shooting at Robb Elementary School might never be learned.
The report in the Dallas Morning News focused upon what it calls the “dead suspect loophole.”
The report noted that the Texas Public Information Act has some exceptions in its rules requiring governmental agencies to make information available to the public.
The report said that police records do not have to be made public in cases where the individual who is under investigation is not convicted of a crime.
Under state law, police agencies may hide an investigative file unless a person is convicted. Over the years, journalists have revealed cases where — stunningly — families could not learn circumstances of a loved one dying in police custody because he was never convicted. 2/4
— Tony Plohetski (@tplohetski) June 1, 2022
We do not yet know how police will respond to requests for information from dozens of media outlets in Texas and nationally seeking information in Uvalde. We can only hope they will be transparent — and that our lawmakers will pass legislation that will end this loophole. 4/4
— Tony Plohetski (@tplohetski) June 1, 2022
The report said that such an instance includes cases where an individual dies while interacting with police.
The report noted that although there are extensive records of communications among police agencies that day, the fact that the shooter was killed by police could be used to invoke the loophole and potentially keep information from the public
Police will be the ones to decide whether this loophole in Texas law will be invoked.
Republican state Rep. Dade Phelan, who is speaker of the Texas state House, has said the loophole should be closed.
Families of those who die in custody never get closure or access to details of their loved one’s death because of this loophole. This is an area in dire need of reform. Details of in-custody deaths shouldn’t be kept secret, and neither should the details re: Uvalde.
— Dade Phelan (@DadePhelan) June 2, 2022
Unfortunately this much-needed, common sense measure joined the ranks of many other crim justice reform bills by meeting its death in the Texas Senate, where they stripped the language out. I think it’s time we pass legislation to end the dead suspect loophole for good in 2023.
— Dade Phelan (@DadePhelan) June 2, 2022
Phelan also said lawmakers should investigate the police response to the shooting.
“This morning I established the Texas House Investigative Committee on the Robb Elementary Shooting,” he tweeted.
“The fact we still do not have an accurate picture of what exactly happened in Uvalde is an outrage,” he said, according to a news release posted on his website.
“Every day, we receive new information that conflicts with previous reports, making it not only difficult for authorities to figure out next steps but for the grieving families of the victims to receive closure. I established this investigative committee for the dedicated purpose of gathering as much information and evidence as possible to help inform the House’s response to this tragedy and deliver desperately needed answers to the people of Uvalde and the State of Texas,” he said.
Phelan noted that the committee to investigate the shooting and the police response to it will have subpoena power.
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