Court Document: Former EPISD Associate Superintendent to plead guilty

Court documents filed by defense attorneys representing former Austin High principal John Tanner state former EPISD Associate Superintendent Damon Murphy is about to plead guilty to charges related to a cheating scheme at the El Paso Independent School District.

Tanner is scheduled to go on trial February 13, 2017 and his attorneys state he will file a “Motion for Continuance” while the defense reviews “over a million documents recently made available.”

In the court document, Tanner’s attorney states those who have pleaded guilty, or are about to plead guilty, “will testify in the trial.” The document further states, “Defense seeks authorization of the Court to make disclosures of the contents of the plea agreements, pre-sentence investigation reports, and FBI 302s for each of the four people.” Tanner’s attorney declined to comment Friday.

Murphy allegedly gave marching orders to principals to prevent certain “at-risk” students from advancing to the 10th grade, the year students take the TAKS test. The goal was to avoid having these students take the state-mandated tests in an effort to improve district scores.

Murphy is charged with Conspiracy to Defraud the United States, Mail Fraud, and Mail Fraud Aiding and Abetting. Earlier this year, Murphy’s attorneys requested a change of venue, citing the overwhelming amount of news coverage as “inflammatory and pervasive.” His attorney declined to comment Friday.

Tanner was arrested in April 2016 along with four other administrators — including three of his assistant principals — in connection with the cheating scandal. Tanner is charged with Conspiracy to Defraud the United States, Mail Fraud, Mail Fraud/Aiding and Abetting; and Conspiracy to Retaliate Against a Witness.

FORMER AUSTIN HIGH PRINCIPAL JOHN TANNER

The investigation into EPISD started with hunch from former state Sen. Eliot Shapleigh, who in 2010 accused the district of cheating. “What happened to 352 Austin Panthers?” Shapleigh asked. Shapleigh told ABC-7 that in the 2007-2008 school year, Austin had a freshmen class of 639. The following year, only 348 were enrolled as sophomores, and by spring, there were only 287.

Tanner said those 352 students either dropped out of school, transferred or were held back because they couldn’t meet academic requirements in subjects like algebra. At the time, Tanner denied the cheating allegations.

Shapleigh disagreed, saying, “What we’re seeing is a systematic removal of these students at the high school level so that when they’re tested someone can go brag. I got these TAKS scores, and get a bonus out of it.”

Between November 2012 and February 2013, Weaver & Tidwell LLC conducted an $800,000 forensic audit to investigate cheating. In April of 2013, EPISD released the 86-page “Weaver Report,” which said the district being run by a “criminal,” referring to then-Superintendent Lorenzo Garcia.

“Garcia insulated himself and surrounded himself with willing accomplices, and his influence and reach were vast,” the report stated. “The District has since suffered from a culture that has put the desires and egos of adults over the needs of students.”

Garcia pleaded guilty to two counts of Conspiracy to Commit Mail and Wire Fraud for his role in the cheating scandal and also steering a $450,000 contract to his mistress. A judge sentenced Garcia to three and a half years in prison in 2012. Garcia was released from prison early in October 2014.

The Weaver & Tidwell report also stated Tanner violated the way students who were absent for several days were able to obtain credit. He allegedly provided those students with a 10-question test they could take multiple times until the student scored a 70 or higher. Tanner denied doing that, but the report points out that mini-mesters increased significantly after Tanner’s arrival at Austin.

In August 2013, Tanner was placed on administrative leave “due to employee relations matter.” In December of that year, a board of managers that temporarily replaced the board of trustees, recommended the termination of Tanner and Assistant Principal Diane Thomas.