DENIED
For decades, Texas law gave police discretion to withhold information if a suspect died in custody. Legislative efforts to close that loophole have failed, but it has not stopped the families who have been denied video and other records detailing their loved ones’ final moments from speaking out. Following years-long KXAN investigation spanning more multiple legislative sessions pushing police transparency, lawmakers voted in 2023 to close that controversial legal gap known as the “dead suspect loophole.”
Chapter 1:
DENIED | An Investigative Series
When police in Mesquite, Texas, deny wrongdoing in the 2013 in-custody death of Graham Dyer, 18, his parents request records about the incident. Police then use an obscure state law to withhold those details. Footage eventually surfaces, arming his family with evidence to finally take action against police.
Chapter 2:
DENIED | Evidence
A mother struggles to get evidence after her son, Herman Titus, 21, dies in the Travis County Jail. Newly-obtained records help her piece together what led up to his death and sparks renewed efforts at the Texas Capitol to make it easier for families, journalists and attorneys to obtain details when suspects die in custody.
Watch the Entire Investigation Below
When police in Mesquite, Texas, deny wrongdoing in the 2013 in-custody death of Graham Dyer, 18, his parents request records about the incident. Police then use an obscure state law to withhold those details.
After Zachary Anam, 19, commits suicide in the back of an Austin police cruiser in 2017, the officer involved in the incident is temporarily suspended. Police withhold video from KXAN showing what led to the young man’s death.
The Austin police chief explains why the agency chose to deny the public access to video in the Anam case. KXAN takes a closer look at the reasons APD actually released video in other fatal incidents.
KXAN explores the widespread use of this law over several years across the state. Experts weigh in on the need for more transparency with police records. And the Dyer family testifies in support of a bill to close the loophole.
Graham Dyer’s parents find a back-door way to finally obtain video of their son’s final moments. The footage reveals how the teen suffered his injuries, arming his family with enough evidence to finally take action against police.
When a mother questions how her son, Herman Titus, 21, died in the Travis County Jail, officials use a legal loophole to block her requests for information. KXAN’s research is used to renew legislative efforts to change the law.
Continuing Coverage
2018
- DENIED: An Investigative Series
- DENIED: Inside the Investigation
- Case File: Graham Dyer
- Case File: Zachary Anam
- Open Records Roundtable
- DENIED: The Special
- Dyer Update: Excessive Force Lawsuit
- DENIED: Evidence
- Interview: Travis County Sheriff’s Office
- Audio Feature: Travis County Jail Officer
- Audio Feature: Travis County Jail Inmate
- Analysis: Travis County Sheriff’s Office
- Analysis: Harris County Sheriff’s Office
- Analysis: Collin County Sheriff’s Office
- Analysis: Austin Police Department
- Analysis: Dallas Police Department
- Analysis: Houston Police Department
- Analysis: El Paso Police Department
- Texas Tribune Article
- IRE Radio Podcast
2019
- Anam Update: Wrongful Death Lawsuit
- Titus Update: Open Records Lawsuit
- Anam Update: Audio Evidence Released
- Legislative Update: Parents Testify on Bill
- Legislative Update: House Panel Approves Bill
- Legislative Update: Measure Clears Full House
- Legislative Update: Lawmakers Consider Stripping Measure
- Legislative Update: Loophole Emerges in Bland Hearing
- Legislative Update: Measure Removed at Session’s End
- Video Feature: Demeisha Burns’ Testimony
- Video Feature: Kathy Dyer’s Testimony
- Video Feature: Robert Dyer’s Testimony
- Video Feature: Lawmaker’s Statement
- Video Feature: Opposition Statements
2020
- Ambler Case: ‘I Can’t Breathe’
- County Aims to Block Request for Bill Opposition Details
- Anam Update: Suit to Proceed After Court Ruling
- Dead & Undone: A Catalyst Project
- Catalyst Podcast: Custodial Deaths (S4)
2021
- Anam Case: New Lawsuit Filed Against APD
- Legislative Update: Criminal Justice Reform Caucus Formed
- Legislative Update: Police Transparency Bills Filed
- Legislative Update: Panel Hears Death Report Bill
- FOI Panel Discusses KXAN Coverage
2022
2023
- Legislative Update: Bill Gets Hearing After Uvalde
- Legislative Update: Full House Approves Bill
- Legislative Update: Senate Panel Approves Bill
- Legislative Update: Amended Bill Passes Senate
- Legislative Update: Conference Committee Requested
- Legislative Update: Conference Move After Lt. Gov. Holdup
- Legislative Update: Final Bill Deadline Approaches
- Legislative Update: Bill Going to Governor’s Desk
- Legislative Update: Bill Missing Before Governor’s Signature
- Texas Standard: KXAN Interview on Missing Bill
- Legislative Update: Bill Certified, Finally Sent to Governor
- Texas Association of Broadcasters Highlights Watchdog Work
- Legislative Update: Loophole to Close Without Governor Signature
- Legislative Update: Law in Effect, Legal Challenges Anticipated
