Mission in apparent violation of Open Records Act

MISSION - A Brownsville blogger wanted to see Eddie Saenz's drunk driving arrest for himself.

So days after Saenz - then a state representative candidate for District 40 - was arrested on DWI suspicion, "Café Brownsville" blogger Christopher Davis sent a public information request to the city of Mission asking for Saenz's arrest record and booking information.

Davis also asked for the dashboard camera footage of the night in question, Sept. 22, 2007.

"I'm concerned with reports that the police officer who arrested Mr. Saenz was subjected to retaliation because certain individuals were unhappy that Mr. Saenz was publicly humiliated as a result of his arrest," Davis wrote in his request to the city.

Eight business days later, the city sent Davis a bill ($1.40 for copying fees), the police report, Saenz's bond documents from Mission Municipal Court, a probable cause affidavit, arrest warrant and arrest report.

There was no mention of the tape.

Sure of his right to the footage - which, with certain legal exceptions, is part of the public record - Davis sent the city a reminder in February.

He still hasn't received an answer.

The city had neither sent an appeal to the Attorney General, nor produced the tape.

Other bloggers have taken up the case, as well, but the city is not talking.

On Thursday, City Attorney David Guerra said he could not discuss the situation at all, declining to cite a reason. When reminded that the city appeared to be in violation of state and federal information laws, he said he was aware of the legal difficulties but reiterated he could not publicly discuss the situation.

Mission police Chief Leo Longoria did not respond to calls seeking comment.

The state Attorney General's office said Friday that Mission has never asked them to review the information request.

Charles Daughtry, a Houston attorney on the board of the Freedom of Information Foundation of Texas, said the Open Records Act requires a city to respond or file an appeal with the state Attorney General within 10 business days of receiving a request.

"Had they requested (an AG opinion), they could have had a decent argument that this was part of an ongoing criminal investigation," he said. The tape "is now presumed public."

Getting it, however, may require Davis to sue the city.

"Even though it's now presumed public, the only way for them to force them to give it to him is to sue them for it," Daughtry said. "The beauty of the Open Records Act is, if he chooses to file a lawsuit he could ask that attorney's fees be reimbursed."

Davis says he won't take it that far. "Lack of both time and resources are definite factors in my decision" not to file a lawsuit, he wrote in an e-mail.

For his part, Saenz said he has had no part in keeping the tape under wraps. The unsuccessful candidate - he lost a tight primary race against incumbent state Rep. Aaron Peña of Edinburg, earlier this month - said on Thursday he didn't even know about requests for the tape.

He has pleaded innocent to DWI and is scheduled to be in court for a pre-trial hearing March 20.

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Sara Perkins covers Mission, western Hidalgo County, Starr County and general assignments for The Monitor. You can reach her at (956) 683-4472.