'Dead suspect loophole' could be used to block release of Uvalde records

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https://www.kxan.com/investigations/dead-suspect-loophole-could-be-used-to-block-release-of-uvalde-records/

‘Dead suspect loophole’ could be used to block release of Uvalde records
by: Matt Grant
Posted: Jun 2, 2022 / 06:04 PM CDT
Updated: Jun 3, 2022 / 10:33 AM CDT

AUSTIN (KXAN) — Texas’ “Dead Suspect Loophole” could be used to block the release of law enforcement records related to last week’s school shooting in Uvalde that left 19 children and two adults dead, transparency advocates and lawmakers fear.

For years, KXAN investigators have explored Texas law enforcement’s widespread use of an open records measure known as the “Dead Suspect Loophole.” Lawmakers have repeatedly sought to close the loophole, which allows police to withhold information in closed criminal cases that don’t go through the court process — even when a suspect dies in police custody.

The loophole was used to keep records related to Javier Ambler’s 2019 death in the custody of Williamson County Sheriff’s deputies secret for 15 months. The family of 21-year-old Herman Titus, who died at the Travis County Jail in 2017, struggled for years to get any information about his death.

In the last three legislative sessions, State Rep. Joe Moody (D-El Paso) filed bills to close the loophole. Those efforts failed.

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