May 2004

Frontlines

Judge declares mistrial after newspaper article

AUSTIN — A state District Court judge in Hays County on April 26 declared a mistrial in a civil trial after  the Austin American-Statesman published a story about the case.

Judge Gary Steel granted the mistrial motion by Zenith Electronics Corp. and Penske Truck Leasing Co., whose lawyers argued that jurors could have been improperly influenced by an article that appeared April 24 in the American-Statesman.

Texas Disposal Systems is suing the two companies, saying they are legally responsible for paying for the proper disposal of their hazardous waste, sent to the municipal landfill after a 1997 truck wreck on Interstate 35.

According to a draft transcript of the proceedings, none of the 12 jurors

reported reading the article, though four jurors told the judge they had seen the headline: Landfill is suing for toxic mistake; top-rated site near Austin stuck with tons of lead-laden waste.


Dallas jury denies public access to education records

DALLAS — A jury in April denied a community activist access to public school records he has sought for more than six years, the Reporters Committee for Freedom of the Press reported.

After eight hours of deliberation, the jury decided that granting the man access to the records could violate federal privacy laws concerning the disclosure of student information.

The activist began pursuing the records in October 1997. He asked the Dallas Independent School District for 11 years’ worth of individual student

scores from the Iowa Test of Basic Skills, a standardized test of math and English.

The district said he could have the records for $2,000. He declined to pay, and the district refused to turn over the scores. He sued in February 1998.


Grand jury no bills Borger city officials

BORGER — A grand jury no-billed three Borger City council members April 14, the Borger News Herald reported.

Mayor Judy Flanders, Mayor pro-tem Meryl Barnett and Councilman Charles Gillingham were investigated by the grand jury on Open Meetings Act allegations. A former city manager alleged that the three members violated the act by discussing his employment over the phone.