The Field Review - Local

Cameron County Seeks to Withhold a Magistrate Video Because of a Lawsuit

Although, today is December 18, 2020, we have received a letter from the Cameron County Commissioners Court, Civil Legal Division; dated November 10, 2020.

Being that the letter was certified, we find it interesting, it was mailed on December 15, 2020.

In any case, the County is attempting to withhold a magistrate recording where the magistrate informed the defendant he was not charged with a crime.

It seems, the release of this video would cause a potential victory to the defendant, now plaintiff’s cause in which the County has been named in a Federal Lawsuit

Per Texas Code of Criminal Procedures, 15.17(f), the recording cannot be withheld.

The interesting thing about this matter, is that it was requested, numerous times, during the pre-trial process. Now the county wants to withhold it because they are named in a lawsuit.

So, did the Attorney General really approve withholding the magistrate recording? Or is the delay in the mail, an attempt to protect disclosure of the recording?

We are awaiting receipt of the Attorney General’s decision; which seems to be an issue in the Open Records process.