Quote Originally Posted by Jethro4WS View Post
When you fill out a records request for various agencies or city or county government there is usually a part about exceptions. Here is an example from the City of Arlington, TX. The Texas statute itself explains all of them (though in legalese).
http://mygovhelp.org/ARLINGTONTX/_cs...aspx?inc=19633
There are other documents that would require a court order to protect them. For example, Ellis County doesn't have a Medical Examiner office and autopsy reports would go to the Justice of the Peace that pronounced Missy dead. Those autopsy reports would be part of an inquest by the Justice of the Peace, which is required when a death is the result of a crime. However, because this is a Justice of the Peace those documents are considered Judicial records in Texas and those records are available (not subject to the Open Records exemptions) unless MPD or the District Attorney gets an order from a court to protect them from being released. Judicial records in Texas are handled differently than other government records.
Especially Pending Investigation should protect anything they need. The gun mentioned says it is in a SW. That would be the Affidavit portion of the SW? It's been speculated that it could have been Missy's gun or a gun drawn by MPD. But the reason they gave is so the serial # is not used to report a stolen gun. I don't really understand that. If it is Missy's gun and registered to her or BB how could someone else say that gun was stolen? Or same if it is a gun belonging to MPD?
No mention of any gun in MB truck in the SW for her Ford F150. So not sure where people keep thinking a gun was in her truck.
Here is a post I made on Thread #29
http://www.websleuths.com/forums/sh...T-gear-18-Apr-2016-29&p=12649279#post12649279
JMHO: in reference to the serial number listed in document
Attachment 97045
http://www.websleuths.com/forums/sho...8#post12612388
Here is the Statute for that particular part the City was wishing to withhold:
Texas Government Code § 552.108. Exception:  Certain Law Enforcement, Corrections, and Prosecutorial Information. - See more at:
http://codes.findlaw.com/tx/governme....Q7wIQaCs.dpuf (b) An internal record or notation of a law enforcement agency or prosecutor that is maintained for internal use in matters relating to law enforcement or prosecution is excepted from the requirements of Section 552.021 if: (1) release of the internal record or notation would interfere with law enforcement or prosecution;
JMHO, this serial number to a firearm is in reference to a LEO firearm. It would be listed in the offence/incident reports and all surveillance video as was requested by Mr. Peritz. His April 29, 2016 Request is "Exhibit A"
Exhibit A- is seeking information, including documents and media relating to the April 18 incident,...( RE: Request for a copy of all surveillance footage, all search warrants and all search warrant returns, all 911 audio tapes, all offence/incident reports, and the autopsy relating to the homicide of a named individual ) Much of the responsive information to Mr. Pertiz's request was submitted on May 3, 2016. Therefore, the Attorney General opinion rendered relating to the May 3 2016 request will encompass responsive documents sought in the April 29 request. The City now seeks to withhold the responsive information marked as Exhibit "E" *** Notice what happened on May 3rd? The big document dump (iPhone/iPad SW, ATT Tower Dump SW, 2 LinkedIn SW, ATT Target Numbers SW) Ford F150 had already been released as had the Dry Cleaner April 27, 2016
JMHO Exhibits B/C may possibly be the 2 SW already released prior to the May 3 doc dump (the truck and the Dry Cleaners SW) and the extended surveillance video.
Exhibit B -The City has responded to this Request by separate correspondence and provided information not exempt from disclosure see Exhibits B and C.
Exhibit C - (in addition to the information attached in Exhibit C, the City has also provided additional information not exempt from disclosure to the Requester.
Exhibit D- Exhibit D - The City submitted the April 20 and April 26 request to the Attorney General's office for an opinion on May 3, 2016, see Exhibit "D".
Mike Pool April 20, 2016 & Jocelyn Lockwood April 29, 2016 requests
Exhibit E only thing left on Mr. Pertiz list not addressed is:
all 911 audio tapes ***detailed information-witnesses, description of the victim and location
all offence/incident report *** - witness information, First Responder information, crime scene information, very detailed information
the autopsy relating to the homicide of a named individual ***COD/MOD... information that MPD has stated some of which only the Suspect would know.
all surveillance footage- ***would have all information that LE has on the Suspect, MB, the CG campers, EMT, LE with a gun most likely drawn looking around the building to see if anyone else was there. ... You know everything every sleuther wants to know. *** is JMHO information from document Cannonball3804 posted to Dropbox
https://www.dropbox.com/s/k7ju5m1k31...ponse.pdf?dl=0