FAKE-DRUG RECORDS: DISTRICT ATTORNEY NEEDS TO RELEASE MATERIAL

"I want to do everything I can to make sure that the people know that we're
going to open this thing up and my office to open its doors."

- - Dallas County District Attorney Bill Hill

The Dallas Morning News, Jan. 19, 2002

When the district attorney uttered those words, Mr. Hill had just asked the
FBI to begin an investigation into the fake-drug scandal. Mr. Hill assured
the public that his office would "open its doors" to federal investigators
in order to bring transparency to the fact-finding process.

Nearly two years later, documents obtained from the Texas attorney general's
office by The Dallas Morning News suggest that Mr. Hill's idea of openness
leaves a lot to be desired.

The documents tell a story that begins when a Dallas private investigator
tried in November to obtain from the Southwest Institute of Forensic
Sciences "copies of any and all letters, correspondence and lab reports"
related to the fake-drug scandal under the Texas Open Records Act. The
institute forwarded the request to the district attorney. His office then
sought guidance from Attorney General Gregg Abbott, arguing it didn't think
the law required the documents' release.

Last week, DA spokeswoman Laurie Ordiway insisted the district attorney
would be happy to release the information but fears doing so would
compromise ongoing investigations by the FBI and a special prosecutor. But
this reasoning doesn't hold water. Both investigations cited by the DA's
office are focused on police procedures, not the conduct of prosecutors.

That raises the questions: Exactly what's in those documents that the DA's
office wants to keep hidden? Evidence of prosecutorial misconduct? Or gross
negligence? Maybe the documents show nothing incriminating, in which case
the district attorney should have nothing to fear from their release.

Sadly, this isn't the first time the district attorney has resisted
disclosure.

More than a year ago, The Dallas Morning News went after similar documents
from the Southwest Institute of Forensic Sciences. The DA's office joined
the crime lab in opposing that request, claiming the documents' release
would jeopardize the FBI investigation into the Dallas Police Department.
Then-Attorney General John Cornyn sided with the district attorney, and the
documents stayed under wraps.

Last spring, lawyers with the DA's office also tried to keep a deposition
sealed in a civil lawsuit linked to the fake-drug scandal.

Let's be clear: These aren't the actions of people intent on opening doors.
The district attorney's attempts to treat as private the words and deeds of
public officials are not helpful. Nor are they consistent with his pledge of
transparency. When he brought in the FBI, he acknowledged that the fake-drug
scandal raised public concerns not only about the police but "about the
integrity of the entire criminal justice system."

Mr. Hill was right. There still are concerns. His recent actions have done
little to allay them.

Mr. Abbott must do better. Having promised to vigorously defend the public's
right to know, the attorney general has no choice but to deny Mr. Hill's
request and let the light shine.