Turns Out DPD Has Audio of Supposed Dispute Between (Ahem) Arthur and Archie -- and Attorney General Says They Must Release It

Categories: City Hall

Dwaine_Caraway_051810_Merten.jpg
Photo by Sam Merten
Mayor Dwaine Caraway
Along with a handful of other media outlets that filed open records requests about the incident at Mayor Dwaine Caraway's home near Cedar Crest Golf Course known as the "Arthur and Archie" ordeal, we asked for notes, audio, video and any other possible documents related to the case.

However, as The Dallas Morning News revealed, the city wasn't handing over anything without a fight. In a letter to Attorney General Greg Abbott, it cited Section 552.101 of the Texas Government Code while arguing to withhold the requested information.

ยง 552.101. EXCEPTION: CONFIDENTIAL INFORMATION.

Information is excepted from the requirements of Section 552.021 if it is information considered to be confidential by law, either constitutional, statutory, or by judicial decision.

Update Saturday morning: Before you jump, don't get too excited just yet: Mayor Caraway sued the Attorney General down in Austin late Friday, insisting "the Attorney General incorrectly applied the law regarding the exceptions."

The city suggested that releasing the information would violate the common law right of privacy, which means the records must be both "highly intimate or embarrassing" and "not of legitimate concern to the public."

City attorneys also cited Open Records Decision No. 569, which seemingly has no relevance to this situation whatsoever.

In a letter from the Office of the Attorney General sent on March 1 to Assistant City Attorney Warren Ernst and copied to Unfair Park, the OAG said the city has to produce the goods.

Upon review, we find that none of the information at issue is highly intimate or embarrassing and of no legitimate public interest.

The missive also makes it clear that there is, in fact, audio from the night in question because it was sent to the OAG by the city for review.

Schutze still has a grin on his face.AG_letter_030111

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19 comments
Rclewis1
Rclewis1

The party at risk here MIGHT not be the Mayor...might be the Legislature member Wife.

abuckley1970
abuckley1970

I read some of these articles because they're like watching train wrecks - you don't want to see them but you just can't help looking at them.

Am I the only one in Dallas thinking, "who cares?" Maybe I should but I just don't.

Wylie H.
Wylie H.

I think a lot of people in Dallas are thinking "who cares." Indeed, such an attitude goes a long way towards explaining why the elected leadership in Dallas exhibits such a high propensity towards mendacity, mediocrity and general incompetence.

Bettyculbreath
Bettyculbreath

What is there to care about?mayor caraway and his wife had argument,Mayor called police,police arrived no activity when they arrived,case closed.OK what is it to care about? As a woman,I'm happy he called police,rather than strike or try to restrain her, if more people would take that action domestic violence would go down.I am a woman who gets very angry sometimes,and I will hit if I don't clam down or walk outside.So what is there to care about,all over Dallas tonight people are having arguments,do you care? I don't.

Snookie Pie
Snookie Pie

Betty Culbreath's comments always have a tone about them. She uses the phrase "case closed" quite often. If Caraway had actually called the police, as all the other citizens must do, then this would be acceptable to me. He did not. He called Chief Brown. He wanted special treatment. He fabricated stories about Arthur/Archie when Chief Brown sent officers to scene to properly respond.

It's pretty clear Caraway was hoping Chief Brown would bend the rules for Caraway because he is on the Council.

In my opinion it is Chief Brown who deserves our praise. And, Caraway deserves to go to jail for making false police statements.

Anyone else notice how Betty Culbreath sticks her nose into every issue regarding politicians she has bad relationships with, and then turns around and sings praise on those that appoint her to boards.

scottindallas
scottindallas

Well Betty, I really wish people didn't rely on the cops. I'm the restraining type, though that can be tricky too, but seriously, more people should sort this out. I doubt that the first fight leaves many scars, right or wrong that tends to be a dance, and many abused women seek that. But, I honestly don't think a slap is totally verboten either, but that's all based on a contract. If you are seriously scared for your safety, get away, a cop ain't gonna save you at that moment most likely, your wits and wile will.

I've been in arguments where I was goaded into some reaction by a gf. The honest answer was more brutal than a slap. I think I missed a cue to slap her, but she was nuts, which is what I told her. Hot, young and crazy, who could've forseen?

Renegade
Renegade

I would be okay with the City saying that could not release it because it's part of an on-going criminal investigation for the offense of making a false report to a police officer.

Bettyculbreath
Bettyculbreath

The man said that to media, not police. How many time must it be said.Who gives a dam about him and his wife having an argument,he was the one afraid,he called police.

scottindallas
scottindallas

Because that dandy thinks he's entitled to have the police be his personal valets. And, that's a PERFECT nick for him, Dandy Dwayne Carraway, maybe even Dapper Dandy Dwayne.

Lakewooder
Lakewooder

Dallas politico's, kinda like NASCAR. Bunch a left turners.... and fiery wipeouts everywhere

Bob
Bob

Cripes, Mayor Caraway. Release the tape, take your lumps and move on, instead of letting this linger like a bad fart.

Jack E. Jett
Jack E. Jett

And one that leaves a skidmark across the city.

CrackerDaddy
CrackerDaddy

Channeling my inner Flounder from Animal House, "Oh boy, this is going to be Greeeat!"

Jay Hawk
Jay Hawk

It should be available on iTunes as a podcast. Anyone who downloads it get a key to the city.

Montemalone
Montemalone

Amateur.Can't anybody in this city do anything right?Look at Marion Barry. When he was mayor, he snorted coke with hos, not some pissant argument with his wife. How are we supposed to be entertained with comic book characters?

rubbercow
rubbercow

I agree! But to be fair, remember "bitch set [Barry] up!". He kind of lucked into that deal!

Wylie H.
Wylie H.

Under Leppert and Suhm, the City has established quite a track record of habitual non-compliance with the open records law. At what point (if any) can the State impose some sort of sanctions for this chronic and willful failure to comply with the law?

MattL1
MattL1

I consider highly intimate and embarrassing information to be quite legitimately in the public's interest.

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