Custodial
death report to be released
Bulletin:
A spokesman at the Sheriff's Office said at 10 a.m. on Monday,
September 30, they have no record of a public information act
request. “I can't find find the request,” she said, after going
through several files.
“You
can file an information request. We will have ten days to seek an
AG's opinion,” said Kelly Olson, who was taking over for the day
for Sharon Wilson, whom, she said, is the custodian of record for the
Bosque County Sheriff's Office.
Meridian,
TX – A blanket denial of information regarding a matter under
investigation by law enforcement is not legal, according to an
Attorney General's Opinion released late last week.
County
Attorney Natalie Koehler sought the advice of the Texas Association
of Counties, who referred her to a Tyler attorney named Robert S.
Davis.
Mr.
Davis requested an opinion from the AG's office, a near-standard
practice by Texas public officials who do not wish to release
information. They say – routinely - that they have 10 days to
respond.
Mr.
Conyer began by informing the attorney retained by Bosque County that
“...you acknowledge, the sheriff's office did not comply with its
ten-business-day deadline under Texas Government Code Section
552.301(b) of the Government Code,” and that “the sheriff's
office did not comply with its fifteen-business-day deadline under
Section 552.301(e)...”
He
added, “When a governmental body fails to comply with the
procedural requirements of (the law), the information at issue is
presumed public and must be released unless there is a compelling
reason to withhold it.” He listed numerous cases as an authority.
The
sheriff's office refused to release certain information regarding Ms.
Troyn's demise because officials believe it describes her medical
condition, which, they held, is a subject of federally protected
privacy. Mr. Conyer disagreed, saying that only applies as to that
privileged information which consists of “an individual's protected
health information...(which) includes any information that reflects
that an individual received health care from the covered entity.”
She received no health care while in custodial detention.
“You
do not inform us the sheriff's office is a covered entity...”
Information
at issue “includes a custodial death report” that is required to
be sent to the Texas Commission on Jail Standards. A standard form of
the Office of the Attorney General, it is a 4-page questionnaire
consisting of extremely detailed inquiries, such as the date and time
of arrest; the date and time the person was placed in custody or
incarceration; the date and time of death; where the event that
caused the death occurred; the manner of death; what type of
treatment the deceased had received; if there were injuries, how the
the deceased received them – from officers, other inmates, people
with whom they had a dispute; had the deceased been receiving
treatment for the medical condition after admission to the jail's
jurisdiction; did the deceased at any time threaten the officers,
fight or attempt to flee from custody; what type of custody/facility
was the offender in/at prior to the time of death; the specific type
of custody/facility; and an additional, optional space in which to
attach remarks.
Although
the matter is under investigation by both the department and by Texas
Ranger Jim Hatfield, the law “does not except from disclosure
'basic information about an arrested person, an arrest, or a
crime...'” He added that the law refers to “the basic front-page
offense and arrest information held to be public in Houston Chronicle
Publishing Co. v. City of Houston, 531 S.W. 2d 186-88.
An
experienced criminal investigator named R.S. Gates, who retains his
Texas Peace Officer's Certification, helped prepare the Public
Information Request. At the time, he said he thought public
officials' withholding the information could be prosecuted as a
crime, under the provisions of the statute.
He
is now convinced the opinion he formed at the time is correct.
“I
want it all,” he said. “I submitted a written request for it
almost four months ago. I plan to continue my request for the
information that the statute says I can have. The statute says that
this information will be made promptly, and they dragged this out for
almost four months.
“It's
not that the public is entitled to the information. The point is, the
information belongs to the public. They (public officials) are merely
the custodians. The only burden I have is, I have to want it. It
already belongs to me.”