Examiner seeks to stop city from destroying records of NBA star's arrest

David Yates Mar. 28, 2012, 8:40am

Perkins with the Oklahoma City Thunder.

Believing the city of Beaumont may destroy records related to the arrest of NBA star Kendrick Perkins, The Examiner newspaper and its editor, Jerry Jordan, are actively seeking an injunction to stop the city from trying to "cover up the incident."

A petition for a temporary injunction and restraining order was filed March 23 in Jefferson County District Court.

Judge Donald Floyd, 172nd District Court, granted the injunction request without giving notice that same day, ordering the city and Beaumont Police Department not to destroy any records related to the arrest, court records show.

An injunction hearing, where the city will have a chance to respond, is slated for April 5.

On Aug. 13 Perkins, a Beaumont native and currently a center for the Oklahoma City Thunder, was charged with misdemeanor disorderly conduct and public intoxication after an altercation at a Beaumont night club.

The charges were dropped on March 22, court records show.

Following the arrest, The Examiner made a request to the city seeking videotapes and other evidence under the Texas Open Records Act, the petition states.

The city refused, prompting The Examiner to turn to the Attorney General's Office, which overruled the city's objection on March 20.

On March 21, Perkins obtained an order of expunction, court records show.

However, despite the Attorney General's directive, and even though the expunction is not final and subject to review or appeal, the city still refuses to release the items in question, the petition states.

"Because of the facts stated above, as well as other facts apparent from the public record and media reports showing that the city has engaged in repeated acts to cover up the incident in question and minimize the public's awareness ... plaintiff believes that the city may attempt to destroy the items in question," the petition states.

"Such destruction would constitute irreparable harm to plaintiff, who would be left without an adequate remedy at law."

In addition to the injunction, The Examiner is seeking an award of actual and punitive damages, plus attorney's fees.

The paper is represented by attorney John Werner of the Beaumont law firm Reaud, Morgan & Quinn.

The Examiner was founded by Wayne Reaud, a managing partner at Reaud, Morgan & Quinn.

Case No. E192-213

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