An internal email obtained during discovery in a false criminal case reveals that Jeff Davis County Attorney Glen Eisen proposed a sweeping recording ban shortly after journalist David Flash visited the county courthouse and published video showing calm, lawful behavior. Flash would later learn that the judge whose office he visited—Justice of the Peace Mary Ann Luedecke—provided state prosecutors with a dramatically false account of that same event.
The email, sent on November 9, 2023, by Eisen to County Judge Curtis Evans and copied to Sheriff William Kitts and Chief Deputy Jerry Walker, proposes an “Order Prohibiting Unconsented Recordings in the Courthouse, Treasurer’s, Tax Assessor’s and County Clerk’s Offices.” It describes Flash—though not by name—as a “certain individual who claims to be a journalist,” and accuses him of being disruptive and abusive, despite video footage proving otherwise.
The timing of the proposed order is critical. On October 18, 2023, Flash, publisher of Big Bend Times, visited the courthouse to photograph a sign posted on the Justice of the Peace office door. His video from that day shows him calmly speaking, using respectful language, and asking reasonable questions in a public building. He neither raised his voice nor touched the door. At no point did he threaten, argue, or act aggressively.
However, more than a year later, Flash obtained a transcript of an interview between Judge Luedecke and prosecutors from the Texas Office of the Attorney General, revealing that she had given them a fabricated and inflammatory account of the same encounter. Among her false claims:
- That Flash beat on the door while screaming profanity
- That he frightened her and screamed “filth and foul”
- That he mocked her and tried to “go Facebook Live” while she had a death report open
- That he ran from the courthouse as law enforcement approached
- That she held him in contempt during the interaction
Every single claim is contradicted by the video.
Actual quotes from the footage include:
“Hi, are you going to slam the door in my face?”
“I’m not here to antagonize… I always try to be extremely respectful.”
“You’re not in court. You’re in your office at the county courthouse… If we were in court, your hat wouldn’t be on.”
At no point is Flash loud, profane, or aggressive. The camera remains steady in his hands. Luedecke also claimed she warned him about contempt, but the video shows no such warning was ever issued. Instead, she waited until he was peacefully walking out of the building before yelling after him—adding further contradiction to her official account.
Despite the video proving no wrongdoing occurred, Flash was later charged with terroristic threat, a serious crime. The Texas Office of the Attorney General declined to prosecute that charge, citing the “interest of justice.” A harassment charge based on the same false narrative remains pending.
The recording ban proposal—sent shortly after the video was captured but before Luedecke’s false statements were shared with prosecutors—suggests that county officials were already mischaracterizing Flash’s actions behind the scenes. Eisen’s email appears to accept those characterizations as fact, stating that Flash’s behavior warranted limiting the public’s ability to record inside government buildings.
That proposal was never formally adopted, but it reveals a serious misunderstanding of constitutional law. Recording public officials in public spaces is protected under the First Amendment, and Texas law does not prohibit video or audio recording in publicly accessible areas of government buildings. Restrictions must be content-neutral, legally adopted, and not based on the identity or viewpoint of the speaker.
The recording ban fits into a broader pattern of retaliatory actions against Flash for his reporting, including:
- A traffic citation issued after Deputy King Merritt pulled him over without cause, using the stop to threaten him before fabricating a violation.
- A courthouse ban notice restricting Flash from public buildings without legal authority or proper service.
- Ongoing obstruction of public records requests and efforts to shut down investigative coverage.
Through Big Bend Times, Flash has continued to report extensively on misconduct in Jeff Davis County, publishing full video evidence, transcripts, and public records that contradict official narratives.
A formal complaint against Judge Luedecke is now under review by the Texas State Commission on Judicial Conduct. Flash is also preparing a civil rights lawsuit related to the false charges and coordinated attempts to block his journalism.
The justice of the peace must be related to Elvira Gulch