CENTER, TX (KTRE) - The Shelby County District Attorney's Office will seek the death penalty for a former deputy and his wife, accused of killing the deputy's brother.
Prosecuting attorney Ken Florence said Rex Calhoun and Lana Calhoun will likely go to trial in spring of 2011.
The Calhouns are accused of murdering Rex's mentally ill brother, Allen Calhoun.
Florence said the DA's office has filed a lawsuit against the State Attorney General's Office to avoid having to give KTRE access to the arrest affidavits used to charge the Calhouns of the crime.
KTRE requested the affidavits in May through the Freedom of Information Act. The DA's office appealed the request to the AG's office, stating the release of the documents would put the criminal investigation in jeopardy.
The AG's office issued a ruling on July 12, stating the DA's office must release the affidavits to KTRE.
"If the public knows the facts in the arrest affidavit, it could jeopardize the case," Florence said. "It could cause the case to fall apart."
In a letter to the DA's office, the AG office concluded that since the DA's office did not supply the AG's office with a copy of KTRE's written request, they would have to release the affidavits. Florence said the DA's office did in fact provide the letter.
Florence said this is the first time he has had to appeal a request to the AG's office.