Newly formed appeals court hears arguments to release state records of Uvalde school shooting

DALLAS – Lawyers for a group of news organizations are asking a new panel of judges to order the release of government documents on the matter. School shooting in Uvalde, Texas.

A Travis County judge halted the process, allowing the records to be released before the state appeals.

The group argues that the public deserves to know all about what they call the most significant law enforcement failure in the state’s history.

A panel of judges heard arguments Wednesday on whether to order the release of DPS records related to the Uvalde school shooting.

Laura Prather represents the Texas Tribune and 13 other news organizations.

“We’re talking about the most significant law enforcement error in Texas history that they wanted to hide from the public in secrecy forever. Public interest couldn’t have been higher,” he said.

In 2023, a Travis County judge ordered the release of some records.

This photo taken on May 24, 2023, shows photos of the victims of the mass shooting at the former Robb Elementary School in Uvalde, Texas, United States. One year anniversary of the shooting attack in which 19 students and two teachers lost their lives

The state soon appealed the decision, arguing that releasing the information could interfere with the recall of witnesses in other cases related to the mass shooting.

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“No good investigator of his or her worth will turn over information that could interfere with prosecution while it is in progress,” said Sara Baumgardner, assistant attorney general for the Texas AG Office. “Texas courts have recognized that the actual prosecutor is the one who will do the best job of knowing what will interfere with the prosecution. Not a bunch of news outlets.”

In court on Wednesday, the state announced that there were approximately 2.8 terabytes of data in the investigation file that had not yet been released.

Prather believes the public deserves to see the full picture of what’s going on.

“There is no longer an investigation to be protected here,” he said. “The shooter is dead and the investigation is closed. Therefore, there is no reason why this information should not come out.”

UVALDE, TX – AUGUST 24: The sun sets behind the memorial to the victims of the massacre at Robb Elementary School in Uvalde, Texas, on August 24, 2022. Consolidated Independent School District Board today fired Police Chief Pete Arredondo for po

Some of the body camera footage from that day had already been shared with the public.

Prather says these videos were voluntarily shared with news organizations by the city of Uvalde.

A question regarding additional body camera footage was referred to the state by Chief Judge Scott Brister.

“The body camera footage is what it is. It shows what it shows. It won’t change,” he said. “So I understand the problem with the witnesses and we can talk about those things. But that’s not going to change. That’s the way it is and why does it need to be kept secret?”

This was one of the first cases heard by the newly created Texas 15th Circuit Court of Appeals.

The court opened in September and the justices were appointed by Texas Governor Greg Abbott.

Prather says the court’s decision in the case will have a lasting impact.

“I don’t think you can overstate the amount of impact the decision in this case will have on open records and law enforcement in the state of Texas and whether law enforcement will be able to act with impunity,” he said.

The court asked the state if they could share the files used in Travis County Criminal Court. The state said they would work to make them accessible to judges.

Prather told FOX 4 he doesn’t know when the court might release its opinion on the case.