More on Paul Devoe

Here's an update on Paul Devoe, from the Austin American-Statesman ("Judge orders Devoe mental records sealed," January 14, 2009):

An Austin judge Tuesday sealed the psychiatric records of murder suspect Paul Devoe, a day after details from the records were aired on television.

On Tuesday, an American-Statesman reporter tried to get copies of psychiatric reports by two physicians who declared Devoe mentally incompetent to stand trial. Although copies of the reports were in Devoe's case file at the Travis County district clerk's office, the reports were sealed later that evening by presiding Judge Brenda Kennedy. The contents of such case files are public records.

Devoe is accused of shooting to death a man at a Marble Falls bar, four people in a Jonestown house and a woman in Pennsylvania in August 2007 before being arrested in New York. Two doctors, one hired by the prosecution and another by the defense, in December declared Devoe unable to assist in his defense.

The psychiatric reports detailed Devoe's history of mental illness and drug use. They were previously obtained and aired by Fox 7 News Austin on Monday night.

Phone messages to Kennedy's office were not returned Tuesday night.

Joel White, a lawyer on the board of the Freedom of Information Foundation of Texas, said there was "no point" in Kennedy's sealing records after they were disclosed.

"You can't disclose records and try to take them back," said White, who is not involved in the Devoe case. "It's not within the spirit of the law. Once the information is made public, the court can't pretend to take it back with a sealing order."

Normally, White said, a defendant's psychiatric records are sealed until they are used in a trial. Once used in a judicial hearing, they become public record, he said.

Devoe will be sent to a maximum security psychiatric facility in North Texas.