Hide and Seek

My practice takes me to three different counties on a fairly regular basis, giving me six different offices to deal with.  Three County Attorneys and three District Attorneys.  And each one has a different interpretation on just how much information they have to give me.  One of the offices will basically let me come in, grab the file I need from the filing cabinet and make copies of whatever I need.  On the other hand, I’ll ask another office if I can see a file, not even make copies - just read it for myself, and instead they’ll just give me an executive summary.  Great, I’m getting a biased summary of an already biased police report.  Sadly, most of the offices are more like the latter.

This refusal to share frustrates me to no end for a couple reasons.  First, I came to Texas from a state with a much more liberal interpretation of Brady, where the DA’s were basically forced to hand over everything at the start of a case.  Oh no, not Texas.  It was a bit of a shock for me when I got down here.

Second, to me it seems like an incredibly inefficient way to operate.  One office will let me look at the file, but instead of making copies, I’m only allowed to take notes.  So rather than having a complete picture of the case that I can read at my convienence, I have to spend my time trying to decide what’s important enough to write down, and then having to read my own writing a week later when I look at the file.  And if I decide I might want more information, I have to go back to the DA’s office (at a time that’s convenient for them) and make more notes.  Wouldn’t it be a better use of everyone’s time to just let me make a copy of what I need?

So why do the prosecutors make getting information as tough as they can?  I really can’t think of any better reason for them besides, under the law, they can.  Which is a pretty crappy reason.