Judge Rules In METRO’s Favor On Plan For Preserving Documents: All Documents To Be Saved

March 10, 2010

The judge in today’s court hearing regarding METRO’s retention of documents ruled that METRO’s pledge to preserve any and all documents created at the agency was in keeping with the court’s desire outlined in a hearing Friday, March 5, 2010.

District Judge Al Bennett rejected many of the elements of a proposed order requested by attorneys for plaintiff Lloyd Kelley.

In an interview reported last week in the Houston Chronicle, Kelley said that METRO’s records had been “sanitized” and that he could call witnesses to provide evidence that METRO had destroyed documents he was seeking.  In fact, no evidence provided to date indicates that documents have been improperly withheld from Mr. Kelley’s Open Records requests.  In addition, when asked today by Judge Bennett, Mr. Kelley’s attorney said he did not have a witness who could testify specifically that documents relevant to Mr. Kelley’s requests had been destroyed.

Before and after today’s hearing, the plaintiff still has provided no sworn evidence based on personal knowledge to support the allegations against METRO.  METRO believes Kelley’s allegations are without merit and its own investigation to date has revealed no evidence of wrongful or illegal destruction of documents.  The investigation by the Harris County District Attorney’s office, which METRO supports, is ongoing.

For the first time today, Kelley’s attorney announced new allegations against METRO employees of an improper personal relationship and misuse of METRO funds.  No facts to support these allegations have been brought forward by Kelley or have surfaced in the ongoing investigations.