The City of Uvalde and its police department are working with a private law firm to prevent the release of nearly any record related to the mass shooting at Robb Elementary School in which 19 children and two teachers died, according to a letter obtained by Motherboard in response to a series of public information requests we made. The public records Uvalde is trying to suppress include body camera footage, photos, 911 calls, emails, text messages, criminal records, and more.
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"The City has not voluntarily released any information to a member of the public," the city's lawyer, Cynthia Trevino, who works for the private law firm Denton Navarro Rocha Bernal & Zech, wrote in a letter to Texas Attorney General Ken Paxton. The city wrote the letter asking Paxton for a determination about what information it is required to release to the public, which is standard practice in Texas. Paxton's office will eventually rule which of the city's arguments have merit and will determine which, if any, public records it is required to release.
The letter makes clear, however, that the city and its police department want to be exempted from releasing a wide variety of records in part because it is being sued, in part because some of the records could include "highly embarrassing information," in part because some of the information is "not of legitimate concern to the public," in part because the information could reveal "methods, techniques, and strategies for preventing and predicting crime," in part because some of the information may cause or may "regard … emotional/mental distress," and in part because its response to the shooting is being investigated by the Texas Rangers, the FBI, and the Uvalde County District Attorney.
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The city says that it has received 148 separate public records requests (including several from Motherboard), and has lumped all of them together, making a broad legal argument as to why it should not be required to respond to many of them. Earlier this week, Motherboard reported on a similar letter sent to Paxton by the Texas Department of Public Safety, which wanted to suppress body-camera footage because it could expose "weaknesses" in police response to crimes that criminals could exploit. (The main seeming weakness in the Uvalde response was that police, in violation of standard policy and protocol, refused to risk their lives to protect children.)
For example, the city and its police department argue that it should be exempted from releasing "police officer training guides, policy and procedure manuals, shift change schedules, security details, and blueprints of secured facilities," because these could be used to decipher "methods, techniques, and strategies for preventing and predicting crime." The Uvalde Police Department and Texas Department of Public Safety have been pilloried by the press and the public for standing in the hallway while a gunman killed children—against standard protocol—and for preventing parents from entering the building to save their children. The letter also argues that the department should be exempted from releasing body camera footage simply because it could be "information considered to be confidential by law, either constitutional, statutory, or by judicial decision."
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"They claim that the compilation of individuals' criminal history is highly embarrassing information, which is a strange cover. The embarrassing information is the inept police response," Christopher Schneider, a professor of sociology at Brandon University who studies police body cameras and the disclosure of footage from them, told Motherboard, noting that suspects' criminal histories are released by the police all the time without anyone having requested them. "They have no problem using information like that against individuals of the public. The information disclosure needs to go both ways, if that's the case." Disciplinary or criminal records for members of the police, for example, would be obviously relevant public information in a case in which the police response has been highly criticized. "
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Uvalde Hires Private Law Firm to Argue It Doesn’t Have to Release School Shooting Public Records
Some of the records relating to the Robb Elementary School shooting could be “highly embarrassing,” involve “emotional/mental distress,” and are “not of legitimate concern to the public,” the lawyers argued.
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