Judge Denies Caraway's Request for Injunction

Shortly before 2 p.m., a Dallas judge began hearing more arguments about whether an audio tape of a police call to interim Dallas Mayor Dwaine Caraway's home should be made public.

State District Judge Teresa Guerra Snelson considered extending her March 8 temporary restraining order that stopped the city of Dallas from releasing the tape but denied Caraway's request Tuesday.

NBCDFW's Ken Kalthoff and Scott Gordon were in the courtroom and filed the following updates of the hearing:

1:50 p.m.: Dwaine Caraway's motion to delay a hearing on his lawsuit to block release of records was denied. The hearing is now underway regarding the restraining order that was already issued. At issue is whether the TRO will be made an injunction or whether it will be lifted and the documents released. Caraway is expected to appeal if he looses, which could further block the release unless the judge orders the records released immediately.

3:15 p.m.: Deputy Police Chief Craig Miller was called as a witness in Caraway's hearing. Miller said he was sent to Caraway's house on Jan. 2 with 2 other detectives at the request of Chief David Brown. Miller said Brown had received a call from Caraway about a domestic disturbance and Brown thought it best to send the Special Investigative Unit because of the fact that Caraway was a City Council member at the time.  Caraway has since risen to become acting Dallas Mayor. 

Miller said he recorded an interview with Caraway in a police car outside the house without Caraway's knowledge that night. That recording along with notes taken by the detectives are the items Caraway is now seeking to keep private. Miller said the result of the visit was a decision by the officers that no criminal violations occurred at Caraway's house. However Miller said Caraway discussed details about his marriage to Dallas State Representative Barbara Mallory Caraway. Details of exactly what was said were not revealed in court. Caraway's lawyers claim those details should remain private. The Texas Attorney General has already ruled that they should be released. Judge Teresa Guerra Snelson will decide.

3:52 p.m.: Dwaine Caraway has taken the stand at his hearing. He's talking about the events that led up to the police going there Jan. 2.

4:09 p.m.: Caraway said he called Police Chief David Brown as a friend, never expecting that detectives would be sent. Caraway said his wife Barbara had locked herself in an separate room after noise among his friends at a football party at his home became excessive. Caraway said he spoke to those detectives never expecting that they were recording what he said about his relationship with his wife. "It's our business, it's her business, not the public's business," Caraway told the judge.

Caraway said release of the details would do tremendous damage to his marriage.

5:27 p.m.: There were fireworks over questions about "Archie and Arthur," the other guests at the football-watching party. When asked their last names, Caraway said, 'I take the Fifth." The judge ruled that last names are not relevant to this hearing.

When asked if he initially lied to the Dallas Morning News about what happened in the domestic disturbance, Caraway said, "I responded correctly to the police... I owe the press nothing."

5:37 p.m.: There is tense questioning between the Dallas Morning News attorney and Caraway. Caraway accused the newspaper of "trying to sell papers."

5:45 p.m.: Caraway is getting off the stand. The Dallas Morning News rests, and closing statements are beginning.

6:05 p.m.: In his closing argument, Caraway's attorney says, "We have met our burden... They don't know what's in the tape so how can they say its of public interest?... If you release these tapes, the harm to my client, his family, his wife -- you can't calculate that... We're playing with people's lives."

6:22 p.m.: Dallas Morning News attorney Paul Watler is wrapping up. He argues that police records in this case are in the public interest and relate to the mayor's credibility. He accuses Caraway of lying when first asked by reporters about what happened. Watler says voters deserve to know about the mayor's truthfulness, especially because he is running for election. He also says Caraway gave up his right to privacy by talking publicly about it. Watler argues that information on domestic violence is routinely released. He says, "Hold him to his word that he doesn't want to be treated any differently (than the average citizen)...

6:49 p.m.: Closing arguments are over. The judge is taking a break to review some records. She says she will make a ruling tonight, possibly in about an hour.

8:03 p.m.: The judge denies Caraway's request for a temporary injunction. The temporary restraining order dissolves at midnight as planned.

Dallas police were called to Caraway's home on Jan. 2 to deal with a domestic disturbance. Caraway filed suit against the city after Texas Attorney General Greg Abbott ruled that the tape should be released.

Caraway was mayor pro tem when he succeeded Tom Leppert as mayor upon Leppert's resignation to run for the U.S. Senate.

Caraway's not running in the May 14 election to fill the post permanently.

Copyright AP - Associated Press
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