Lynn Walsh

A story written for Texas Watchdog:

Judge orders Metro not to destroy any documents
Fri Mar 5 18:31:58 2010 CST
By Lynn Walsh

A judge ordered Metro Friday to not destroy or delete any documents until further investigations can take place.

All physical documents, paper and electronic documents fall into this category, said 61st District Judge Al Bennett, but voicemails do not fall under the order.

The order comes after the agency said certain documents had been shredded. It remains unclear whether the documents included any records responsive to a public records request from former City Controller Lloyd Kelley. Kelley told the Houston Chronicle that the records he received in response were incomplete and sanitized.

In the temporary injunction hearing Friday, Bennett questioned a lawyer for Metro about any policies the agency has involving the destruction of documents. Attorney John Beckworth, with the Houston firm Watt Beckworth Thompson and Henneman, acknowledged that there is not a specific policy like that in place.

Bennett said he was concerned that without a policy in place there is the potential for more documents to be deleted.

In recent weeks Metro officials have admitted that some documents at the agency were destroyed. When Bennett asked Beckworth which documents officials were referring to, Beckworth said the agency has not been able to identify which specific ones were destroyed. In the clip below, a TV news reporter tries to pin Beckworth down on this question.

The lawyers for Metro and Kelley are set to meet on Tuesday with the judge to present proposed language for an order.