Our office has been denying copies to the defense on the CAC videos due to 39.15, but a defense attorney said we were reading it wrong and we could make them a copy by agreement...how is everyone else handling this situation? So far we have filed open file policy letters and allowed them to view the CAC video at our office. I just didn't want to turn over a copy I was not supposed to...Thanks for any help!

Don't know if this will help. As a Special Litigator for DFPS, this comes up a lot. Texas Admin Code 40 TAC 700.206 prohibits us from copying the videos. I let opposing counsel and/or experts see them as many times as they want. I have never had a judge tell me I have to make a copy and I often use the "not only does the Admin Code prohibit copies, once the video is 'in the wild' it can be hard to contain and no one wants to see a CAC interview end up on YouTube."

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Originally posted by ADABrooke:
Our office has been denying copies to the defense on the CAC videos due to 39.15, but a defense attorney said we were reading it wrong and we could make them a copy by agreement...

Well sure--you can do ANYTHING by agreement, rules be damned. That may even be the proper thing to do in a unique situation, but remember: When rules are not followed and something goes awry, it's never the defense lawyer who ends up on the front page of the newspaper.