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Newly formed appeals court hears arguments to release state files on Uvalde school shooting
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Newly formed appeals court hears arguments to release state files on Uvalde school shooting

Lawyers for a group of news organizations are asking a new panel of judges to order the release of state documents related to school shooting in Uvalde, Texas.

A Travis County judge approved the release of the records before the state appealed, halting the lawsuit.

The group says the public deserves to know all about what they call the most significant law enforcement failure in state history.

On Wednesday, a panel of judges heard arguments on whether to order the release of DPS records related to the Uvalde school shooting.

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Shooting at the Uvalde school: the full DOJ report

The nearly 600-page report details “cascading failures” by first responders to the mass shooting at Robb Elementary in Uvalde, Texas, who waited more than an hour to confront the shooter.

Laura Prather represents the Texas Tribune and 13 other news outlets.

“We’re talking about the most significant law enforcement failure in Texas history that they would like to keep forever secret from the general public. The public interest could not be greater,” she said.

In 2023, a Travis County judge ordered the release of some records.

This photo taken on May 24, 2023 shows images of victims of a mass school shooting at the former Robb Elementary School in Uvalde, Texas, United States. One year anniversary of school shooting killing 19 students and two teachers i

The state appealed the decision shortly afterward and argued that releasing the information could interfere with the recall of witnesses for other trial cases involving mass shootings.

The former police chief of CISD Uvalde files a motion to declare the indictment invalid

“No good self-respecting investigator will pass on information that could interfere with the prosecution while the prosecution is ongoing,” said Sara Baumgardner, deputy attorney general for the Texas AG’s Office. “Texas courts have recognized that the entity in the best interest to know what would interfere with the prosecution is the actual prosecutor. Not a bunch of news outlets.”

In court on Wednesday – the state disclosed that there are approximately 2.8 terabytes of data in the investigative file that have not been released.

Prather believes the public deserves to see the full picture of what happened.

“There is no longer any investigation that is protected here,” she said. “The shooter is dead and the investigation is closed. So there is no reason why this information should not come out.”

UVALDE, TX – AUGUST 24: The sun sets behind the Robb Elementary School Massacre Memorial on August 24, 2022 in Uvalde, Texas. The Consolidated Independent School District Board today fired Police Chief Pete Arredondo due to po

Portions of the body camera footage from that day have already been released to the public.

Prather says those videos were voluntarily shared with news outlets by the city of Uvalde.

A question about the additional body camera footage was directed at the state by Chief Justice Scott Brister.

“Body cam footage is what it is. It shows what it shows. It won’t change,” he said. “I mean I understand the issue of witnesses and we can talk about them. But that’s not going to change. It is what it is and why does it have to be kept secret?”

This was one of the first cases heard by the newly created 15th Texas Court of Appeals.

The court opened in September and the judges were appointed by Texas Governor Greg Abbott.

Prather says the court’s decision on the case will have a lasting impact.

“I don’t think you can overstate the impact that the decision in this case will have on open records in the state of Texas and on law enforcement and whether or not law enforcement can act with impunity,” she said.

The court asked the state if it could share the files used in the Travis County Court. The state responded that they would work to make them available to judges.

Prather told FOX 4 he doesn’t know when the court might issue its opinion on the case.