"Keep Information Confidential Until a Final Decision Is Rendered?"

Williamson County District Attorney John Bradley is now the new Chairman of the Texas Forensic Science Commission. He was appointed by Governor Rick Perry. Since then, Bradley has promised a "disciplined, scientific approach" as the agency continues examining evidence that resulted in the 2004 death penalty arson conviction of a man from Corsicana named Cameron Todd Willingham. Unfortunately, Bradley has also indicated he has no intention of the TFSC conducting its business in the open - in public.

In a Dallas Morning News article, Bradley says "The commission does not decide whether persons are guilty or innocent of criminal offenses." On that point, the Freedom of Information Foundation of Texas certainly agrees.

However, FOIFT also feels strongly that the agency can most definitely help clarify a troubling question. Whether Willingham may have been executed wrongly and if so, what safeguards should be put into place to prevent it from happening again? FOIFT also believes this business, the people's business, should be conducted openly and in plain view of the public. How? By continuing to investigate new information that has come to light such as the Beyler report, a professional forensic review sought by the agency from one of the top arson expert's. Dr. Craig Beyler concluded essentially that the evidence did not support the crime.

That report, however, was never presented to the TFSC because just two days before he was scheduled to present his findings "Governor Perry replaced four of the nine commission members, including the Chairman."

Now, the Governor's new chairman is pushing for additional ways to keep the TFSC's business conducted in the dark, including "...new requirements to keep information confidential until a final decision is rendered." John Bradley has also asked the Attorney General for advice on how to better protect against "interference and improper outside influences."

The tough-on-crime prosecutor points out the commission was created four years ago "to determine only whether there was negligence or misconduct by an accredited laboratory" conducting the forensic evidence analysis.

In other words, it's okay for tax money to be used for second-guessing crime labs but not for more closely examining whether an innocent man was put to death for a crime arson experts now say he couldn't have committed. Really? Where's the Justice in that Mr. Bradley?

Governor Perry Wants the Todd Willingham Case to Go Away - But Should It ?

For several weeks Governor Rick Perry has been at the center of a controversy that just keeps getting uglier. Plenty of blame can be placed directly on the Governor himself.

It involves a Death Penalty case where arson testimony was used to help convict a man, named Todd Willingham, of setting his home on fire and killing his children inside. Without question it was a gruesome situation - but a new review of the evidence now indicates it may not have been arson . That's where the facts in this case begin to get fuzzy even though Governor Perry confidently claims Willingham was "...a monster who deserved to die."

More than a half dozen forensic experts disagree, however, at least from the standpoint of whether the evidence proves Willingham was an "arsonist" who intentionally set the fire.

Why does it matter? Simple. No arson = No crime.

In other words, the State of Texas under Governor Perry's watch may have executed an innocent man. To make sure that didn't happen the state's Forensic Science Commission conducted an investigation which included hiring arson expert Craig Beylar. Beylar, like six other fire experts before him, concluded that Willingham could not have set the fire, as alleged.

Ironically, it was almost an identical case to that of Ernest Willis who was also on death row for an arson related murder at the very same time. But Willis had access to money while inmate Willingham did not. So, after an estimated $12 million in legal fees and 5 years of court battles Willis was set free while Willingham put to death.

His lawyers tried to delay his execution by making a last minute plea to the Governor just 88 minutes before Willingham was scheduled to die. That much we do know. What we don't know, however, is what - if anything - the Governor was told about the new evidence or at what time he received his briefing.

The Governor was reportedly out of town at the time and so far has refused to release any "records" or "briefing papers" that might help fill in the gaps. The state's Forensic Science Commission's investigation was also halted because Perry replaced several members before it was ever completed.

Remember, this IS NOT an argument for or against the death penalty. It is simply a plea to encourage Governor Perry to release ALL public records that will show what was or was not done before Texas' deadly cocktail of chemicals was ever administered.

So, why won't he release them? Governor Perry argues the documents are exempt from public disclosure because he says they fall within the "attorney-client priviledge."

Former Death Row Inmate Ernest Willis, however, has a different explanation. In an exclusive interview with Texas Monthly's Michael Hall, Willis says Governor Perry is "...afraid they killed an innocent man on his watch..." and says the Governor "...should own up to it and say, ' hey we made a mistake.'" Willis also says there's no doubt in his mind Willingham was innocent of the arson and says he knows of five other inmates still on death row who he believes are also wrongfully convicted. Now a free man himself, escaping the death chamber with expert arson testimony just five years ago, Willis is now calling for an execution moratorium in Texas.

Oh yea, the Governor's General Counsel was also cleared of an arson indictment - based on testimony - from after-the-fact arson investigation experts.

Who and What Will Be the Future of News ?

Recently I attended a lecture on the Austin campus of the University of Texas entitled "The Future of News: The Crisis in American Journalism and Why People Should Care." It was the latest effort to "...bring notable journalists to the University of Texas campus..." as part of the Mary Alice Davis distinguished lecture series "...to discuss the role of journalism in a democratic society and to address issues of press freedom, credibility, and ethics." The timing for such a topic was timely with all the hand-wringing and water cooler prognostications about whether newspapers can survive? Or, even if journalists or the news as we know it will exist when today's college students get ready to enter the business of the Fourth Estate.

Legendary newsman, and native Texan, Dan Rather was selected to deliver this heady lecture to a packed house of more than 700 students, professors and special guests inside the Texas Union Ballroom. Rather didn't disappoint. Reflecting on his more than 60 years as a journalist, he referred to the press (news media) as “the red beating heart of freedom and democracy.” He also told the crowd, “When we speak of the future of journalism, let us fully understand that quality journalism of integrity is currently in decline and in peril.” Why, according to Rather? " Corporatization, politicization and trivialization."

According to Rather, " Good journalism starts with an owner or publisher who has guts..." although he added "...most publications and broadcasters have fallen prey to mergers for the last quarter of a century.

" Good journalism costs money," Rather said. And he added, "we're in a race to the bottom - with four and no more than 6 companies that currently own the majority of news distribution outlets."

It was a sobering examination of today's climate which Rather eloquently placed in historical context: "...“It was not for nothing that this nation’s founding fathers placed freedom of the press right alongside freedom of speech and freedom of religion in the very First Amendment of the Constitution up at the top of the Bill of Rights.”

In closing, the 77 year old journalist said "I'm not sure news can survive without the active involvement of the news consumer." And he challenged all of us to "...let the ownership know that you demand quality news reporting" not just sit back and settle for the easiest pictures or sound bites of the day.

Verification, accuracy and the validation of official documents, however, was glossed over if even mentioned at all. And yet it was the use of documents questioning President George W. Bush's military service in the Texas National Guard that had tarnished Rather's lengthy career. He retired following an ensuring controversy debating the documents veracity.

Yes, as UT's School of Journalism director Tracy Dahlby put it, “Rather has spent six decades getting the job done, telling people things they need to know about their world they otherwise wouldn’t. He’s done it with courage, style, wit and occasionally the controversy that comes with being a journalist.”

As Rather spoke, I glanced around the room at the crowd. So many young faces attentively listening much the same way I would have as a student journalist myself. And here I was, more than thirty years later, sitting alongside them for today's debate involving "The Crisis in American Journalism and Why People Should Care."

I invite these future journalists, and others across this great state to carry the torch of this noble profession and The Freedom of Information Foundation of Texas is here to assist them in "getting the job done."

Are Taxpayers Really Getting Their Money's Worth?

The headline in the Austin American-Statesman (AAS) on this day is clear: " Austin School District Sues to Keep Search Documents Secret." http://tinyurl.com/n7fgju

A governmental body spending taxpayers money, hiring a law firm that charges on average between $250 and $295 an hour, to withhold records from public inspection. Why? This is a draft statement about the issue from AISD. http://tinyurl.com/npwdtk I'll let you be the judge whether they make a legitimate argument to keep the governmental agency's business in "the dark" while we all wait to see how the Texas Attorney General's Office will decide . But this is what the AG's office has had to say on the matter so far. http://tinyurl.com/n8h5xp

By contrast, however, in the very same newspaper on the very same day is a far different story involving the same school district. The outgoing Superintendant will receive more than $215,000 for unusused vacation time - at a time when the district has announced a hiring freeze! http://tinyurl.com/m2osp9 How do taxpayers know? Because when AAS reporters requested the information under the Texas Public Information Act - the law in Texas that governs the release of public information - AISD followed the law and complied. Maybe it's time taxpayers let AISD know enough is enough!

Doing the Right Thing - In Texas

Today, the Texas Senate did the right thing. State Senators put aside their partisan differences and unanimously approved legislation known as the Free Flow of Information Act. It was the third legislative session passage of similar legislation has been attempted. Houston Democrat Rodney Ellis and Lubbock Republican Robert Duncan led the charge despite an attempt by Republican Tommy Williams of The Woodlands to add an amendment to the bill that would require Texas newspapers print a "disclaimer" when reporting stories using "whistle-blowers" or confidential sources. It was clearly an infringement on Freedom of the Press in violation of 1st Amendment protections. In response, Senator Duncan told his colleagues, "The media is a checks and balances on everybody, including you and me." Duncan also added, "It is wrong for the Texas legislature by law to compel" news organizations to do anything. Of course, he was right. Unsuccessfully, Senator Williams argued, "I don't see anything wrong with having journalists verify their story." The exchange was a brief yet pivotal moment in the floor debate. Williams realized he was fighting a losing battle after Duncan called his attempt "unprecedented" and "unconstitutional." Then a funny thing happened. Senator Williams did the right thing, announcing he was withdrawing his amendment and he voted in favor of the bill - along with every single one of his colleagues - approving the Free Flow of Information Act unanimously 31 - 0. House members will now have to approve some minor changes to the bill before it heads to the Governor's desk. Let's hope Texas continues doing the right thing this third time around.

CITIZENS INVOLVEMENT TAKES CENTER-STAGE IN CANTON, TEXAS

On April 17, more than five-dozen citizens and city officials spent a Friday evening arming themselves with professional education and advice about Texas’ Open Meetings and Public Information laws at a “Freedom of Information Forum” held in Canton, Texas, located about 53 miles east of Dallas.

Juan Elizondo, the Freedom of Information Foundation of Texas’ (FOIFT) Treasurer and member of the Board of Directors and Adrian Rodriguez who works for the Vinson & Elkins, L.L.P. law firm where FOIFT Past-President and member of FOIFT’s Advisory Council Thomas Leatherbury is a partner attended the public event held at the Canton High School. Rodriguez presented a slide presentation about Texas’ open government laws and Elizondo provided additional information about their practical applications for the people of Canton along with the benefits of advocacy organizations such as FOIFT.

According to co-organizer Kay Murphree, “We were extremely happy with our event, even as we wished for a bigger turn out.” Murphree also said, "We" are a loose group of civic minded citizens…” who do not “…have a name or a budget, our strength seems to come from our diversity and commitment to have better government in Canton answering to the citizens for their decisions and actions. We are professionals and non-professionals (but no lawyers), parents, singles, workers and retirees, and several retired career military people. We seem to have only one unwritten rule, we don't talk politics - we talk only issues. Our main interest is to have an open, transparent, truthful government and make sure that every penny of our tax is used wisely.”

Two people visiting from Grand Saline said, that “…they were wanting to learn how to get info from their city government” as they felt it was not being open and transparent to them; they also commented that “…this meeting was just what they needed and (said they) had come, at this time, as an answer to a prayer.”

Event co-organizer Ron Perkins says, “Mr. Rodriquez, was extremely knowledgeable and provided an excellent informative platform for this presentation. The subject matters were enhanced with the power point presentation and the attorney general information that was passed out to all attendees. Mr. Elizondo concluded the open discussion and well pressed the final comments into a concise and understandable structure that appears to have added value to this meeting. During the question and answer portion, our mayor inquired into a specific subject of 'third party' document retention and if that storage was subject to the '''Freedom of Information Act''. “With the city attorney present, it was refreshing to hear the answer so forthright presented by Mr. Rodriquez…”

Unanimous Vote for Free Flow of Information Act

It's often said, "...the third times a charm..." and FOIFT is hopeful that will indeed be the case with this current legislative session. Earlier this week, members of the Texas House of Representatives unanimously voted 146 - 0, approving a reporter's shield bill (H.B. 670) that provides journalists a qualified privilege from being compelled to disclose confidential sources and reporting material. This is the third legislative session passage of such a bill has been attempted. A companion bill in the Texas Senate, SB 915, also passed out of committee last week and both versions are very similar. FOIFT President Laura Prather was instrumental in helping negotiate compromise language between several media organizations and the state Prosecutor's Association.