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Texas DPS Open Records requests re Sept 29, 2007 and concerning Officers Alfred Ochoa and Daniel Terronez

Lisa Block, Records Custodian
Texas Department of Public Safety
State of Texas

Dear Ms Block:

Please consider this letter as a formal request for information under the Freedom of Information Act and the Texas Open Records Act, the Public Information Act, chapter 552 of the Government Code.

On the night of September 29, 2007, I was stopped by DPS Officer Alfred Ochoa, ostensibly for speeding 9 mph over the posted speed limit. Unbelievably, events ensued which led to felony indictments against me being issued on January 8, 2008. The evening of January 7, 2008, my husband of 39 years, a professor of organic chemistry at Victoria College, who, I believe, had been warned in advance of the outcome, committed suicide.

Judge Randy Clapp granted me a motion to compel the production of a certified true, correct, and complete copy of the video, but the Wharton County DA gave me an uncertified copy which lacked the first few seconds or minutes.

DPS is required both by federal and state law to provide me with the evidence I have requested. I have attached an order issued by Federal Judge Keith Ellison which makes it clear that DPS must comply with the law in this situation.

Keith Schmidt Injunction US District Court v DPS

DPS videos, as you know, are triggered to begin when an officer turns on his lights and siren. The video I received begins with dispatch citing my name, which was their response to Officer Ochoa 'running my plates'. The first critical exculpatory moments, which would show Officer Ochoa turning on his lights and siren while tailgating me at 74 mph, are missing.

Under the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with a certified true and correct copy of the first five minutes of the official DPS video, beginning at the beginning, ie, when it was triggered by Officer Ochoa turning on his lights and siren.

Under the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with any and all documents, field notes, transcripts, emails, telephone records, dispatch records, memoranda, dispatch tapes, audio tapes, video tapes, CDs or DVDs, written or recorded statements, or any other evidence concerning the incident with Officer Ochoa on September 29, 2007, that have come into your possession, including but not limited to any and all files you have in your possession or in the possession of any employee of the Texas DPS.

Pursuant to the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with any and all written policies and procedures or guidelines concerning, guiding, directing, or controlling the Texas DPS Officers which may dictate or suggest the mode and manner of carrying out their duties and expected behavior in dealing with or addressing the public during a traffic stop. This request is for the written policies and procedures or guidelines that were applicable and in effect on September 29, 2007.

Pursuant to the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with the complete personnel file concerning or pertaining to Officers Ochoa and Daniel Terronez.

Pursuant to the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with the complete employment and disciplinary file concerning or pertaining to Officer Ochoa and Officer Daniel Terronez.

Pursuant to the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with copies of any and all documents, photographs, images, emails, memoranda, letters, written communications, videotapes, audio recordings, or digital recordings of any kind showing, reflecting, or evidencing the scene, activities, or events in or surrounding any concern, inquiry, report, or complaint filed against Officer Ochoa or Terronez or any of the other officers, supervisors, deputies, or other employees of the Texas DPS who came in contact with me on September 29, 2007.

Pursuant to the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with a list all traffic stops, including warnings or citations made by Officers Ochoa or Terronez in the history of their employment at DPS where the alleged speed was less than 10 mph in excess of the posted speed limit.

Pursuant to the Freedom of Information Act and the Texas Open Records Act and Government Code Section 522, please provide me with a list of all incidents or circumstances, in the history of his DPS employment, when Officer Terronez was involved in a pursuit on foot or by vehicle of any person or animal, wherein the person or animal subsequently died a violent or non-violent death. Please specify which of these cases resulted in investigations, disciplinary actions, indictments or convictions of Officer Terronez.

This request is for any documents or tangible evidence that you may have or that you may have the ability to secure in performing your duty to investigate the conduct and actions of Officers Ochoa and Terronez. I must remind you that it is a crime to destroy or hide any of the exculpatory evidence requested herein or to advise, assist, or coach any other person to destroy or secret exculpatory evidence. Your proper role as an investigator, consistent with your legal obligation to afford the accused the presumption of innocence, is to secure, protect, and preserve all of the evidence, including any and all exculpatory evidence. Considering the conduct of the officers involved, it is urgent that we remind this department of its duty with respect to investigations.

If you refuse to comply with this request, then immediately explain your refusal to do so.

TIME IS OF THE ESSENCE. Thank you for your immediate time and attention in this matter.

Very truly yours,



Shirley Pigott MD shirleypigottmd@gmail.com
Texas Medical Board Watch
Texas Phoenix 007
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