By W. Clay Abbott
TDCAA DWI Resource Prosecutor in Austin
In this era when discovery mechanics has become a predominant focus of prosecution, it is nice to hear that technology that actually helps prosecutors may be on its way.
Included in this article is a letter from the Department of Public Safety (DPS) labs concerning Texas Crime Lab Records Connect. (See the blue box, below.) The idea is simple: The lab already keeps massive amounts of records—why not simply make them available to criminal law practitioners through an online portal? (Rather than gathering, screening, transmitting, retransmitting, retransmitting, rescreening, and retransmitting ad infinitum.) Prosecutors will have the privilege and responsibility of helping to implement this change. Change is scary, yes, but this program gives grounds for hope and not despair!
The letter below sets out the next steps in making a lab record portal a reality, and it is still in the very early stages. TDCAA will continue to post updates, as they are available, on our website (in the document section of DWI Resources). While this help is not imminent, it is coming.
Enhancing discovery for attorneys with Texas Crime Lab Records (CLR) Connect
By Kevin Callahan
Records Portal Program Supervisor, Texas Department of Public SafetyIn 2023, the 88th Texas Legislature enacted SB 991 during its Regular Session. This enactment included the codification of Texas Government Code 411, Subchapter G-1, establishing the Texas Crime Lab Records (CLR) Connect. Directed by the Department of Public Safety (DPS), this portal will serve as a centralized hub for crime laboratory discovery.
Attorneys representing the State, along with parties authorized to access records under Texas Code of Criminal Procedure Art. 39.14, will leverage this newly created portal to request crime laboratory records. The primary aim? To enhance Art. 39.14 compliance and streamline the dissemination of discoverable records in a manner that is timely, efficient, accurate, and complete for all necessary stakeholders through a standardized process.
This innovative approach will ensure crucial records are readily accessible to legal practitioners involved in criminal cases. By centralizing access to discovery materials through the Texas CLR Connect portal, Texas is taking proactive steps to enhance transparency, facilitate informed decision-making, and foster the principles of justice.
To establish this portal, DPS is currently working with a steering committee comprised of prosecutors, defense attorneys, DPS officials, and laboratory professionals. Together, we are determining the rules, policies, and procedures surrounding the system. In the coming months, we will post the rules for comment on the DPS website, inviting feedback and input from statewide stakeholders. Once implemented, district and county attorney’s offices will play a key role in granting access to appropriate stakeholders. These offices will be responsible for designating which defendants’ attorneys will have authorized access to the discovery portal to obtain crime laboratory records subject to Art. 39.14 discovery.
The expected timeline to award a contract to develop the portal is within the next several months and for development to begin in earnest within this calendar year. Throughout the process, we will provide periodic updates ensuring transparency and accountability as we work toward Texas CLR Connect’s successful implementation.
DWI Resources
Speaking of the DWI Resources page at on our website (www.tdcaa.com/resources/dwi), please go take a look. It is flush with documents and videos to help you.
First I’d like to call your attention to two great technical resources on the page (look under the Updates section). One is the DWI Caselaw Update, which is managed and revised twice yearly by Jessica Frazier, ACDA in Comal County. (It was originally created by Richard Alpert, former Misdemeanor Chief in Tarrant County and current Baylor Law School professor.) It is a nicely outlined and pretty darn complete summation of all the caselaw on intoxication offenses you need to know. It should be the start of any DWI legal research project—unless, of course, reinventing the wheel is just your thing.
Second is a very solid review of standardized field sobriety tests (SFSTs) to go over with officers before trial. Look for updates to that resource later this year.
If you look under the Featured Video section, click on the hyperlink that says “+Show all videos” (or go straight to www.tdcaa.com/resources/dwi/video). There you’ll find a dozen hours of DWI training videos.
If you’ve never picked a DWI jury (or it has been a while), take an hour to watch the best impaired driving prosecutors in the state of Texas outlining their advice in two videos, “Jury Selection in DWI Prosecution” and “Special Issues in Jury Selection in DWI Prosecution”—they’re in the Trial Preparation section. Both are completely free; all they require is your time.
Are you worried about directing a toxicologist in a blood draw case? Take a look at “Testing Blood for Drugs in Texas” (under Breath & Blood) where actual forensic toxicologists answer all the questions you need to ask on direct to get blood admitted and explain it to the jury. Are you working with a breath test? Well, we have a video on that too: See “Breath Alcohol Testing” in the same section.
There are several courtroom testimony videos (all under Trial Preparation) and even a couple we made as demonstrative evidence for trials. They would also make a great addition to any police officer training you do or for in-office presentations. All the videos are free, and you can either stream them on our website or download them through Vimeo.
More where that came from
But wait—there’s more, just like in the ShamWoW commercial (which is worth looking up on YouTube). A one-hour video on intoxication manslaughter is back in our online library; it’s called “Prosecuting Intoxication Manslaughter: A Panel Discussion.” Imagine being able to sit down with three of the best prosecutors on impaired driving cases and get an hour of advice on how to try your case. Well, we did just that with Jessica Frazier, Allison Baimbridge (ADA in Fort Bend County), and Andrew James (ACDA in Dallas County). They sat down and related how they address causation, pick juries, present evidence, and prepare for punishment. If you are trying an intoxication manslaughter for the first time, or the first time in a long time, it would be irresponsible not to spend an hour with this video. Did I mention it is free, and did I mention you can earn CLE for watching?
But that’s not all! For the first 35 people who finish the course, TDCAA will mail you a free copy of our Intoxication Manslaughter book, courtesy of the Texas Department of Transportation grant that funds my position.
Lastly, if you would like to host a one-day regional training for prosecutors and officers in your jurisdiction, we still have a few spots open for 2025. If it has been a while since I’ve taught in your county or you want to apply for the first time, please email [email protected] to book a date. Spots fill up pretty quickly so don’t wait to reach out to Kaylene or to return the application.
It has long been my pleasure to help prosecutors and peace officers with these common but complex cases. Please check out the resources we have prepared for you and take advantage of them all.