MEMPHIS, Tenn. — One Memphis lawmaker says it’s time for a change at the state’s top investigative agency.
The law lets the Tennessee Bureau of Investigation keep secret any evidence or witness information in a criminal case forever, and despite several pushes, the law was never changed. But this year may be different.
We may never know what TBI agents found when they investigated a number of controversial cases in Memphis because the agency’s investigative files are secret, protected by law until there’s a change.
“I think as we go into a new legislative session and new year, there are going to be recommendations as to how to become more transparent,” said John DeBerry, (D) TN Representative for District 90.
In Memphis, there are questions about what TBI uncovered when it investigated the death of a teen shot by an off-duty Memphis cop, as well as questions about the lack of information when an assistant district attorney was beaten inside her Midtown home.
Her boss, District Attorney Amy Weirich, decided not to prosecute in both cases after reviewing secret TBI reports.
“There are ethics at play. There are circumstances at play and there are consequences to saying something that you shouldn’t,” TBI spokesperson Josh DeVine said.
DeVine explained why mums the word on what investigators find. When cases are prosecuted, the public may learn some information when TBI agents are called to testify in court, but in cases where there is no prosecution, the case closes and it’s shielded by a veil of secrecy forever.
“Our investigative records are confidential under Tennessee state law. I don’t know exactly why the lawmakers made that decision years ago but they did. They saw fit that our investigative records should be confidential,” DeVine said.
WREG asked DeBerry about the law.
He said, “There is no such thing as legislation that can’t be altered or amended or even eliminated. That’s what we do.”
DeBerry says a majority of what they do in Nashville is amend legislation in an attempt to make it better. He says now is the time to press for more openness in government.
WREG asked DeBerry what was the feasibility of him proposing a change in the law.
He said, “I’m pretty sure I will.”
DeBerry added, “I’ve already talked to research. I’ve talked to the legal department.”
DeBerry says he’s putting the wheels in motion for change in state government. He hopes it will lead to more transparency in the TBI and the Department of Children’s Services, the agency that investigated the deaths of hundreds of children. Some of those children died while in state custody.
“I think that has to change. I think people need to have the total opposite idea that when the TBI comes in, OK, now we’re going to get the straight of it. Now, we’re going to know what really happened,” DeBerry said.
DeBerry says he’d like state agencies to share as much information as they legally can with the public. In January when lawmakers head back into session, WREG will be watching to see how many of his colleagues in Nashville agree with him.
DeBerry says a bill that would bring more transparency could come out of the criminal justice committee or any of the other committees that oversee issues involving the TBI or DCS.
