HomeMy WebLinkAboutResolution 3919-09-2010 A Resolution
NO. 3919-09-2010
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT
WORTH, AND TARRANT COUNTY CRIMINAL DISTRICT
ATTORNEY'S OFFICE V. GREG ABBOTT, ATTORNEY
GENERAL OF TEXAS, CAUSE NO. D-1-GV-10-001346-1;
FILED BY THE CITY ATTORNEY ON AUGUST 12, 2010
IN THE 345TH DISTRICT COURT OF TRAVIS COUNTY,
TEXAS.
WHEREAS, Denise Heard filed on April 23, 2010 a public information request
with the City seeking the entire police-investigation file related to the conviction of
Stephen Lance Heard of capital murder of a police officer; and,
WHEREAS, the City filed a brief with the Attorney General's Office on May 7,
2010; and,
WHEREAS, the Attorney General ruled on July 13, 2010 that the City must turn
over to Ms. Heard the confidential information;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
The City Attorney is authorized to effect necessary legal action in response to the
Attorney General's ruling to turn over the confidential information related to the
conviction of Stephen Lance Heard that Ms. Heard requested.
The filing of the lawsuit against the Attorney General is hereby ratified.
Adopted this 21s' day of September, 2010.
ATTEST: APPROVED
CITY COUNCIL
By: SEP 212010
Marty Hendrix, ity Secretary
City Secretary of the
Cfty of Fort Worth,Texas
ORT WORT
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved;on 9/21/2010 - Res. No. 3919-094014
DATE: Tuesday, September 21, 2010 REFERENCE NO.: **G-17052
LOG NAME: 12CITYVSAG-HEARD
SUBJECT:
Adopt a Resolution Ratifying the City's Lawsuit Entitled City of Fort Worth and Tarrant County Criminal
District Attorney's Office v. Greg Abbott, Attorney General of Texas, Cause Number D-1-GV-1 0-001346-1,
Filed on August 12, 2010, in the 345th District Court of Travis County, Texas
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution ratifying the filing of the lawsuit
entitled City of Fort Worth and Tarrant County Criminal District Attorney's Office v. Greg Abbott, Attorney
General of Texas, Cause Number D-1-GV-10-001346-1, filed on August 12, 2010, in the 345th District
Court of Travis County, Texas.
DISCUSSION:
The City received a request from Denise Heard asking for the entire police-investigation file related to
Stephen Lance Heard's conviction of capital murder of a police officer. The District Attorney's Office
requested the City withhold the file because Stephen Lance Heard has not exhausted all of his criminal
and post-conviction remedies. Heard filed a writ of habeas corpus on July 23, 2010 challenging his
conviction. The City submitted a brief to the Attorney General seeking to protect the file under the legal
exception in Texas Government Code Section 552.108(a)(1). The exception allows the city to withhold
documents that will interfere with the prosecution of crime.
The Attorney General denied the City's request and ruled that because a notice of appeal had not been
filed in the criminal case, the file must be released. The Attorney General contends that post-conviction
remedies are civil in nature and do not interfere with the prosecution of crime; therefore, Texas
Government Code Section 552.108(a)(1)does not protect the release of the requested file. If the City
turns over the file, the release would interfere with the District Attorney's prosecutorial response to Heard's
writ of habeas corpus.
In response to the ruling, the City Attorney and the District Attorney jointly filed a lawsuit challenging the
Attorney General's refusal of the City's arguments under section 552.108. Due to time constraints, the City
Attorney had to file suit to prevent a potential waiver of some of the City's rights.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
Logname: 12CITYVSAG-HEARD Page I of 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Dale Fisseler (6116)
David Yett (7623)
Originating Department Head: Gerald Pruitt (7616)
Additional Information Contact: Jessica Sangsvang (6285)
Logname: 12CITYVSAG-HEARD Page 2 of 2