MEMPHIS, Tenn. — A legislator said he put off proposing a bill to give you more access to information during controversial investigations.
It’s an issue WREG first told you about in 2012 after an off duty cop shot and killed a 15-year-old boy.
The public never learned details because investigative records were kept secret.
One legislator said he wanted that changed, but took no action once he got to Nashville this year.
“I think it was a bad time to do it this year. Next year will be better,” said State Representative John Deberry of Memphis.
That’s one of several reasons Deberry gave WREG for not delivering on his promise to introduce a bill to open the files of the Tennessee Bureau of Investigation.
The law allowed TBI to keep all investigate files secret no matter how controversial the case.
“Next year is the end of the session,” he said. “We got a lot of contentious issues out of the way this year. As well as some issues that grabbed the headlines like the Bible bill and other bills will be out of the way and I think the folks will come in with a more serious mind because they got to get re-elected.”
In recent years, District Attorney Amy Wierich referred almost all high profile investigations to the TBI for an independent investigation.
No matter what the TBI found, the law required the details remain a secret, shielding the public from its right to know.
Lawmakers gave TBI that right years ago, long before Deberry became a member of the legislature.
“Years ago people pretty much stayed in their place. They didn’t ask a whole lot of questions. If the authorities said it, it was so and it was so. You kind of accepted it. You don’t fight City Hall. You don’t rock the boat. You don’t shake the tree that’s kind of not the way society is right now,” said Deberry.
Recent deadly police encounters across the country set off massive protests, unrest and even riots, leading some to think what happened in cities like Baltimore could happen in Memphis.
However as of now, it’s not enough to force lawmakers to consider change.
The unrest comes just as the Plough Foundation sent recommendations to Mayor Wharton about the city’s Open Records Policies.
The report suggested involving TBI in investigations only as a last resort because its protected from public scrutiny.
“Nothing could incite the public more than a child being hurt and the appearance that noting is being done,” said Deberry.
Deberry once again told WREG he will consider trying to change the law.
This time he planned to meet with Wierich, legislative legal advisers and law enforcement agencies so next year we will see change.
WREG asked Deberry about the feasibility of him proposing change in the law.
“It’s going to happen. It’s going to happen,” he said.
Deberry believed he’ll have more support for the bill because it’s the last year of this legislative session before lawmakers return home to campaign for re-election.
The Plough Foundation recommended when officers are involved in possible conflicts and questionable situations, MPD should look to internal affairs, other law enforcement agencies in other jurisdictions, or consider special prosecutors to investigate the case.
