Fort Worth, lawyers at odds over subpoena requests

By MARTHA DELLER

mdeller@star-telegram.com

FORT WORTH — City attorneys have begun blocking defense requests for trial evidence, a move that threatens to swamp an already crowded Tarrant County court system, judges and attorneys say.

In separate hearings recently, two felony court judges ordered the city to turn over evidence that defense attorney Bill Ray says he needs to defend two clients, one on a murder charge.

An attorney and First Amendment expert said the city’s apparent change in policy will likely slow the disposition of cases.

"There’s a serious potential for clogging the courts," said Dallas attorney Paul Watler, past president of the Freedom of Information Foundation. "There may need to be some guidance from the courts or maybe the police, the defense bar and the DA."

Deputy City Attorney Gerald Pruitt said that the city isn’t trying to stop defense attorneys from getting information but that city staffers are overwhelmed by the voluminous requests and want the attorneys to get the information elsewhere.

"We’re saying enough is enough," he said. "We’re going to push this issue until we get a resolution at the courthouse."

Senior prosecutor Bob Gill said many of the new subpoenas have come from attorneys defending clients accused of drunken driving since new mandatory blood draws began, and defense attorney Abe Factor agreed.

"I do it every week in my DWI cases," Factor said. "The city always files motions to quash."

Criminal procedure

In hearings before two different judges, Assistant City Attorney Monica Wood argued that defense attorneys are using subpoenas to obtain evidence that should come from the district attorney. She said attorneys are abusing the process by ordering the city to deliver documents on short notice, then are unavailable to receive them.

"As an entity, the city is being imposed upon by being asked to turn over documents for a trial that only the state and defense are parties to," Wood said.

Ray has asked for evidence for two clients, one of them charged with murder stemming from a shootout at a Fort Worth drug house. The other client is charged with three counts of aggravated assault on a peace officer.

State District Judge Mollee Westfall had little sympathy for the city.

In a hearing Friday, Westfall repeatedly asked Wood to explain her reasoning in the murder case. She said that because prosecutors don’t have the criminal records Ray requested, the city is obligated to provide them if they are favorable to the defense. Westfall ordered Wood to turn over the items, which she’ll review before deciding whether to give them to the defense.

Judge Elizabeth Berry faced similar arguments Monday during a hearing in her court. Berry suggested that the city could save time by turning over all police records in each case to prosecutors, who would pass them on to the defense. She said it is unreasonable for the city to expect to turn over the documents the day of the trial.

"The reality is that this is not an effective use of the court’s time," she said. "To have a subpoena returned the day of the trial could lead to continuances."

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