MEMPHIS, Tenn. — Almost four years after WREG started pushing for change, lawmakers are finally proposing more transparency when it comes to the TBI.
All TBI investigative files, even closed cases, are sealed.
Now, there`s a bill to have the agency investigate every officer-involved shooting in the state and open the files once the investigation is complete.
However, WREG found out what the bill does not do could leave other investigations in the dark.
One of the lawmakers proposing the TBI bill admits this bill does not cover everything it could or should.
It only addresses officer-involved shootings, but there are a lot of other high profile controversial cases the TBI investigates.
In those cases, the files will remain secret.
“I think we’re getting to a culmination of where the public needs to have consistent answers for accountability and answers,” said Dr. Noel Hutchinson with United Against Violence 901.
Here are some examples of cases the TBI is currently working that will remain sealed.
In Millington, the city fired two officers and the chief resigned when money disappeared from evidence.
In Fayette County, there’s a case against a man accused of making more than 100 threats to a judge.
In Memphis, the actions of two police officers after one of their own was killed in the line of duty are under TBI scrutiny.
“I think it speaks to transparency and accountability, and you need both of those things,” Hutchinson said.
Dr. Noel Hutchinson is the pastor at First Baptist Lauderdale and a member of United Against Violence 901.
Even though News Channel 3 first alerted people to TBI secrecy almost four years ago, most people didn’t know about it until a Memphis police officer shot and killed Darius Stewart last summer.
That’s when Hutchinson and his group joined the fight to unseal TBI records.
The TBI and District Attorney Amy Weirich eventually made an exception and released the report.
“When I saw the actual file, and I have a copy of it, I didn’t see anything that should have been kept private,” said Hutchinson.
Memphis State Representative GA Hardaway filed a bill to have the TBI investigate every deadly police shooting in the state and open the files when complete.
This law pertains only to officers and if the suspect or victim dies.
We asked why not open all TBI files once the cases are complete.
“I agree with you,” Hardaway said. “Investigations into these other areas that TBI involves itself in, most of those should be public record.”
Hardaway says the TBI`s founding is rooted in secrecy and public corruption.
The agency is called in as an independent agency to look into many high profile cases, especially when public officials are involved.
That’s why Hardaway says changing the law might be difficult.
He said, “Now, when you look at the history of when we started closing TBI files, it was really about government. It was about investigations into misconduct from government officials that government officials didn’t want out there for the citizens to see.”
Hardaway says he believes current lawmakers are a different breed of politicians who know the more transparency, the better.
“I think if we can anchor this particular law, if this becomes law then it could be the foundation to stretch the whole imprint of how you look at these other special cases,” said Hutchinson.
Still, Hardaway puts little hope in getting a bill passed right now, to open all TBI cases.
“I’ve talked to potential senate sponsors on that, and I do plan to come back looking to open up the files completely, but that`s a completely different fight,” said Hardaway.
Hardaway says the current fight is to keep the bill as it reads now alive.
It`s gotten some push back from police unions in Knoxville and Nashville despite Memphis Police and the Shelby County Sheriff saying they support it.
WREG will follow this bill from beginning to end.
It’s currently assigned to committees in the state House and Senate.
Senator Brian Kelsey of Germantown is sponsoring the TBI bill in the senate.
