Mayor Caraway's Police Records to Remain Hidden For At Least Another Two Weeks

Categories: City Hall, Schutze
snelson.jpg
Hon. Teresa Guerra Snelson
Jim's on his way back from that court hearing involving Mayor Dwaine Caraway's request for a temporary restraining order that would, at least temporarily, block the release of police records documenting Dallas PD officers' visit to the home of Caraway and his wife, state Rep. Barbara Mallory Caraway, on January 2. He'll have much more to say shortly. But till then, Schutze has this breaking news.
The judge granted a 14-day temporary restraining order, with a hearing scheduled for March 22. This, despite a fairly brilliant argument by non-lawyer and Dallas Morning News City Hall reporter Steve Thompson. Judge Teresa Snelson asked if any requestors wanted to speak; he went up and made a long speech, which was something to the effect of: Caraway has already made the issue so public it can never be private again.

The judge listened to Caraway's attorneys, who argued that without a TRO, the damage they are seeking to avoid would be caused without fair recourse to the judicial process. After the hearing, as the courtroom was emptying out, the judge addressed Thompson: "Mr. Thompson, if you ever decide not to be a journalist anymore, you should go to law school. You did very well."
Like I said, more to come.
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17 comments
Wylie H.
Wylie H.

It's not surprising that Caraway was successful in getting the TRO, as the standard is basically preventing something that is irreversible until they get the chance to argue their position (however tenuous) in court.

I suspect that the TRO will be lifted after the initial hearing. For those who express skepticism (owing to the long list of "unindicted co-conspirators" who appear to be running Dallas County... I would say that the obstacles to criminal prosecution in Dallas County are significantly higher than merely enforcing existing laws.

In other words, I expect that the documents will eventually be released but the chances of Caraway ever being prosecuted for filing a false police report (no matter what the circumstances) are slim to none. In that sense, I do agree that the elected officials of Dallas County (at least those tied in to the "machine") are essentially above the law-- except in those rare instances when the Feds choose to get involved (given their limited resources, they have to pick and choose their battles).

Jay
Jay

The bond is likely $1,000.00.

To prevail in a TRO hearing, the proponent must show irreparable harm will result if the order is not granted (more than mere financial loss) and a strong likelihood of prevailing in a trial on the merits.

When the opposition attorneys fail to show, judges seldom deny requests for relief.

Guest
Guest

His attorney didn't even argue that they could prevail at trial. He completely ignored half of the requirement that the AG cited.

As an activist judge, she decided that not only would Carraway not be required to show a strong likelihood of prevailing at trial, but that she would grant relief without even requiring Carraway to even acknowledge what he has to overcome to prevail.

He just has to say "it's embarrassing" and the activist judge rubber stamps it.

Some of us are just more equal than others in the eyes of the law, I guess.

Tad Banyon
Tad Banyon

We should all have friends as loyal as Mr Caraway.Imagine, risking his own good name to protect complete unknowns Arthur and Archie from the unwanted publicity.

Doug
Doug

I'm really confused as to why/whether there is any legal reason for not releasing these records. Isn't there a fairly well established chain of precedent for this type of information? There was a lengthy article in the DMN the other day about the fine citizens of Highland Park running out a renter they didn't like...and there were MANY references throughtout the article about police reports that had been filed (as a result of neighbors calling the police regarding the behavior of the resident). Did anyone get the AG involved in that case? Did Highland Park violate the law by releasing this info? This whole thing is just about a complete moron trying desperately to cover up what a dufus he is.

TheRealDirtyP1
TheRealDirtyP1

Is misrepresenting or misidentifying yourself on a 911 call against any rules? To have officers going out for a possible domestic disturbance and being fed false information, is a recipe for trouble.Caraway has made a big deal out of it. Own up to it, you had a fight with your wife, she whipped your ass. End of story. On a side note now that I think about it, how come there isn't any scrutiny over the State Representative in this case? All the heat is on Mayor Caraway.

Phelps
Phelps

Texas Penal Code:

§ 37.08. FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT EMPLOYEE. (a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:(1) a peace officer conducting the investigation; or (2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.(b) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.(c) An offense under this section is a Class B misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 925, § 1, eff. Sept. 1, 1997.

Sam_Merten
Sam_Merten

All the heat's on Mayor Caraway because he's the one who called Chief Brown, he's the one who lied about what happened and he's the one trying to stop the release of the records.

TheRealDirtyP1
TheRealDirtyP1

I'm not siding with him, I'm saying that it's peculiar scrutiny hasn't been raised about her. These are two public officials, not one, and obviously she was doing something bad enough for him to call the police about.

Sam_Merten
Sam_Merten

...obviously she was doing something bad enough for him to call the police about.

There's no proof of that. Yet.

Guest
Guest

I don't care one way or another about the actual information, but this "We're above the law, and these activist judges will go along with us and protect our misdeeds" stuff has got to stop, one way or another.

Who Ray
Who Ray

It may take some time, but our justice system usually prevails. I would be surprised if the TRO is not lifted in a couple weeks, once the merits are known to the court. And, I agree with you BTW. Politicians, all of them, have a very hard time dealing with the concept that the "rules" apply to all of us.

Guest
Guest

I don't know about that.

Unless we're talking about poetic justice or something like that (and even that is, too often, in short supply).

Even when you've got somebody dead to rights violating the law (like, say, Officer Robert Powell, whose own words on his dashcam tape contradicted his sworn testimony, or former Collin County D.A. John Roach who sent his people into court to swear under oath that they repeatedly and routinely violated state law), you tend to see those who could do something look the other way (the Denton County D.A. apparently didn't even consider bringing charges against Powell for provably lying on the stand and violating the civil rights of a resident, and a Grand Jury indicted one of Roach's lackeys only to have an activist judge throw out the indictment).

And how many people went to jail over all that absentee voter fraud that Jim Schutze spent so much time documenting over the 2000s? Roughly zero was my last count.

And if you're a rogue prosecutor, even the Governor can call you a lying sack of crap, you can lie about your credentials and just generally be all-around horrible at your job and police departments will still hire you train their officers (seriously. Charles Sebasta, who made up phony evidence when he couldn't find any real evidence is advising police departments on how police officers should solve crimes).

Sure we'll get a Don Hill every once in a while so prosecutors can keep their phony baloney jobs, but 90% of official misconduct goes unpunished (in my unofficial estimation). And that doesn't even count the legal but clearly ass-covering stunts that, you'd think, we wouldn't want our elected officials to engage in (like this very one).

Meanwhile, the Legislature gets together every two years and criminalizes a whole mess more stuff (a bill under consideration now? If you turn in a dirty cop, you can be charged with a state jail felony).

TheRealDirtyP1
TheRealDirtyP1

sorry Suburban Idiot, I didn't mean to post this in a response to you

Sam_Merten
Sam_Merten

Dang. Had I known the requestors would have been given an opportunity to speak, I would have shown up to give my argument, which basically revolves around Arthur and Archie having tiger blood running through their veins and Caraway bi-winning for being mayor and halting the release of the records.

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