Texas shooting records could be blocked by legal loophole

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Texas shooting records could be blocked by legal loophole
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Some are concerned that Texas officials will use a legal loophole to block records from being released — even to the victims' families — once the case is closed.

FILE - A Texas Department of Public Safety officer keeps watch on June 3, 2022, in Uvalde, Texas, near a memorial outside Robb Elementary School created to honor the victims killed in last a school shooting. As public pressure mounts for more information on the deadly Uvalde school shooting, some are concerned that Texas officials will use a legal loophole to block records from being released — even to the victims' families — once the case is closed.

Officials have declined to release more details, citing the investigation. Amid the growing silence, lawyers and advocates for the victim's families are beginning to fear they may never get the answers, that authorities will close the case and rely on the exception to the Texas Public Information law to block the release of any further information.

The loophole was created in the 1990s to protect those wrongfully accused or whose cases were dismissed, according to Kelley Shannon, executive director of the Freedom of Information Foundation of Texas. “It is meant to protect the innocent,” Shannon said. But she said that in some cases “it is being used and misused in a way that was never intended.”

Charley Wilkison, executive director of the Combined Law Enforcement Associations of Texas, said the organization was opposed and “will always be opposed” to a loophole amendment proposed in previous years that he said would have allowed the release of records pertaining to law enforcement officers, even those falsely accused of wrongdoing. He said that would negatively affect the officers' ability to keep working.

The New York Times reported Thursday that it obtained documents showing police waited for protective equipment as they delayed entering the campus, even as they became aware that some victims needed medical treatment.

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