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Crime and Punishment

Schlitterbahn indictments dismissed

Some good news for the company, following the worst thing that ever happened at a Schlitterbahn water park.

A Wyandotte County judge on Friday said that the Kansas Attorney General ‘irreparably tainted’ a grand jury with prejudicial evidence to obtain indictments against several Schlitterbahn employees and associates involved in the design, construction and operation of a water slide that killed a 10-year-old boy in 2016.

Judge Robert Burns dismissed indictments against three individuals and two corporate affiliates of Schlitterbahn, the company that built the 17-story Verruckt water slide in Kansas City, Kan., in 2014. It drew large crowds until Caleb Schwab, son of Kansas Secretary of State Scott Schwab, was killed by decapitation on the ride. The water slide, once billed as the world’s tallest, was torn down last year.

Burns sided with defense attorneys who argued that lawyers in Kansas Attorney General Derek Schmidt’s office showed a Wyandotte County grand jury evidence that would not have been admissible in trial — clips of reality television, misleading expert testimony and references to an unrelated death from years ago — that improperly influenced the grand jury in handing down criminal charges.

Taken all together, Burns found the grand jury had been abused to obtain indictments, which contained charges as serious as second-degree murder for two of the defendants.

“The court has grave doubts as to whether the irregularities and improprieties improperly influenced the grand jury and ultimately bolstered its decision to indict these defendants,” Burns said. “Quite simply, these defendants were not afforded the due process protections and fundamental fairness Kansas law requires.”

For now, Schlitterbahn co-owner Jeff Henry, Verruckt designer John Schooley and former Schlitterbahn operations manager Tyler Miles face no criminal charges in Caleb’s death. The Kansas Attorney General can seek criminal charges again, either through another grand jury, through a preliminary hearing or seek an appeal of Burns’ decision. Or they could just walk away from the case.

See here for the background, and here for a deeper dive. I still have very mixed feelings about all this, and if you keep reading the story you’ll see that the reasons for the dismissal were more technical and procedural than substantive. I don’t feel like the Schlitterbahn folks were exonerated in any way, just that maybe the Kansas AG didn’t do a good job. (To be fair, the story notes that a lot of people thought the indictments were problematic in the first place.) The Schlitterbahn settled a civil case related to Caleb Schwab’s death for $20 million, so it’s not like there were no consequences. I’m just still not ready to forgive and move on. Texas Monthly has more.

Ogg’s second ask

We’ll see how this goes.

Kim Ogg

Harris County District Attorney Kim Ogg is planning to head back to county leaders with another request for more prosecutors in light of the massive case review sparked by fallout from last month’s botched Houston police drug raid.

The renewed push for additional positions comes just after a failed bid to get funding for 102 new prosecutors, a hefty $21 million budget request slapped down by the Harris County Commissioners Court earlier this month. At the time, Ogg argued that her office’s overwhelming caseloads were likely among the highest in the country, and that the understaffing at all levels could prevent prosecutors from evaluating cases eligible for diversion.

But now, her new push to expand hinges on the need to review the more than 1,400 cases handled by Officer Gerald Goines, the case agent suspected of giving false information to justify the no-knock raid that left two civilians dead, officials said. In some of the cases, the 34-year officer was a witness, while in others he signed the affidavits underlying warrants, Ogg said Thursday. Of those up for review, 27 are active and at least five involve defendants currently in jail.

“These are individual cases; justice has to be meted out in every one. It takes time, we need some more investigators,” Ogg said. “We can get there with the understaffing that we have, it’s just going to take longer.”

It’s not clear how many new positions Ogg would ask for, but she stressed that the case reviews will happen regardless.

“This review is not contingent on funding, we’re going to do it,” she said. “It’ll just take a lot longer with the few people that we’ve got assigned to our Conviction Integrity Division.”

Because the jobs would go to “trusted, trained” prosecutors, Ogg said, the idea would be to promote from within and hire new positions at a lower level. The review of the 27 active cases can be handled by current staff.

See here for some background. I’ve not gotten any press releases in my inbox from groups that had opposed the previous request, as I had at that time, but that may just be a function of timing. It’s not fully clear to me from this story if what Ogg is requesting is more prosecutors or more investigators, the latter of which may perhaps be less controversial. The reason prompting this request is unimpeachable, but there may be more to it than what is apparent now. If she’s going to make this request at Tuesday’s Commissioners Court meeting, we should know pretty quickly what kind of a reaction this will get.

As for the larger issue, I have not blogged about the HPD no-knock raid mess, as there’s only so much I can keep up with. I fully support the effort to review and revise the department’s policy on no-knock raids, and will note that there has been advocacy in favor of this, here and nationally, for a long time. As is so often the case, it takes a tragedy to focus a sufficient amount of attention on the issue to make anything happen. Harris County Sheriff Ed Gonzalez is making similar changes, though that will have a much smaller effect than what HPD does since the Sheriff’s office rarely conducts such raids. There are also bills in the Legislature, with Rep. Harold Dutton being one of the main authors, to impose restrictions and more stringent processes on all law enforcement agencies. As with bail reform, this is something that has been needed for a long time, and maybe, just maybe, the time is right for it to happen.

“How Baylor Happened”

From Deadspin:

There’s not much to recommend spending four years in Waco. Driving into town up Interstate 35 from the south, the endless stretch of Texas nothing fills out slowly. It’s flat in the way you think Texas is flat. Empty fields give way to John Deere dealerships, then fast-food chains.

On your left, you’ll see the strip mall that housed the Twin Peaks biker gang shootout of 2015. Pass through the city’s squat downtown, and you can catch a glimpse of the grain silos that Chip and Joanna Gaines, stars of the HGTV smash Fixer-Upper, converted into the retail base of their reality TV empire.

But then, rising from the banks of the Brazos River, appears Baylor’s towering McLane Stadium. The building serves to announce the home of the Baylor Bears, Robert Griffin III, the Heisman Trophy, and a football legacy stretching back to, well, RG3 and the Heisman Trophy. But that’s the point. Baylor is here. Baylor matters, finally. The other campus buildings are tucked away in the short hills along the highway, but the stadium declares itself forcefully.

For most of its history, football barely registered at Baylor. Instead, the school cultivated its own culture, deeply rooted in the Baptist church. It banned dancing on campus until 1996. Until May 2015, its student conduct code listed “homosexual acts” and “fornication” as expressly forbidden behavior, alongside “sexual abuse, sexual harassment, sexual assault,”and other activities. Sex outside of marriage is still forbidden. The university’s mission statement says it was “founded on the belief that God’s nature is made known through both revealed and discovered truth.” Even a teenager who’s been homeschooled her entire life can walk around Baylor, see the statues of Jesus and the sidewalks emblazoned with Bible passages, and feel safe that the university that speaks her language and shares her values.

Jane’s* parents celebrated when she was offered a soccer scholarship to Baylor. She’d be among other Christians, less than two hours away from their Dallas home. Alicia* was drawn to Baylor because she wanted something to bring her back to her faith. She wanted to attend chapel with her classmates, to feel the closeness of a religious institution. “I want to feel God on campus and in class,” she knew. “I want to come here to be with God in every sense of the matter.”

Melissa* had attended a small private Baptist high school in California. She was scared to attend a party school and was looking for a more conservative university. She liked how nice everyone at Baylor was, and that dorm visiting hours ended at midnight, even on weekends. Suzanne* was the daughter of missionaries. She grew up mostly overseas and spent a lot of time in Christian boarding schools in Papua New Guinea. College wasn’t something her parents expected of her—everyone in her family did church work—but she wanted to be a missionary doctor.

They all chose Baylor because it felt safe.

What they didn’t know when they enrolled was that the combination of Baylor’s culture and a set of newly-established ambitions had created a university that was unusually safe—but not for them. It was a safe place for football coaches who could do no wrong, for players whose transfers from other teams after being accused of violence were billed as the first half of a redemption story, for young men whose potential was prioritized over that of their female classmates, and for university leaders who prized their reputation over the safety of the women who studied there.

As Jane was beginning her senior year of high school, already committed to play soccer at Baylor in 2013, the university was breaking ground on McLane Stadium. Baylor had a vision for itself—to become the Baptist answer to Notre Dame—but accomplishing that would require money, a lot more money, and fast football success was also a fast way to excite major donors. Greed is not a Christian value, but as the world would soon find out, the school’s commitment to the religion of football would serve to undermine everything else that the university was supposed to stand for.

What follows is a long and detailed look into how Baylor, a small Baptist university where football was played, became Baylor, a blossoming national football powerhouse where female students were repeatedly assaulted by football players and no one cared until it finally became a scandal. I’m oversimplifying here, but that’s close enough for these purposes. Authors Jessica Luther and Dan Solomon have been the go-to reporters for documenting how and why it all happened, and you should read what they have to say.

Commissioners Court rejects Ogg’s request for more prosecutors

I fully expected that Commissioners Court going from 4-1 Republican to 3-2 Democratic after the last election would signal big changes in how business was done in Harris County, but I didn’t expect this to be the first milestone on the new path.

Kim Ogg

Harris County Commissioners Court on Tuesday rejected Kim Ogg’s request for 102 new prosecutors, a stinging public defeat for the first-term Democratic district attorney by members of her own party.

The rejection came less than 24 hours after a former assistant district attorney filed paperwork to challenge Ogg in next year’s primary, a sign criminal justice reformers may have lost patience with the self-described progressive after helping elect her in 2016.

The three Democratic members of Commissioners Court — commissioners Rodney Ellis and Adrian Garcia and County Judge Lina Hidalgo —supported increasing the district attorney’s budget by 7 percent, in line with increases for other county departments. Ogg had asked for a 31 percent increase, which would grow her prosecutor corps by a third and include 42 additional support staff.

“This is not the only way, and certainly not the most cost-effective way to decrease prosecutor caseloads,” Hidalgo said.

[…]

Ogg, who did not attend the court meeting, issued a statement after the vote.

“We will continue to fight every day to ensure that justice is done in every case for every crime victim, every defendant and the community,” she said. “Harris County must have a district attorney’s office with sufficient resources to ensure that all cases are resolved fairly and in a timely manner.”

See here for the background and here for an earlier Chron story that previewed the Tuesday Commissioners Court meeting. Ogg had addressed the criticism of her proposal, and also answered the question about maybe hiring prosecutors on a shorter-term basis, but it wasn’t enough to get any of her fellow Dems in line. I would say her best bet right now is to take what the ACLU of Texas said in a press release following the Commissioners’ vote to heart:

“Adding more prosecutors in Harris County is not the ultimate solution for reducing mass incarceration and fighting racism in the criminal system. While the Harris County Commissioners Court has taken a more measured approach than the initial proposal, the addition of new prosecutors must come with clearly defined standards for reducing incarceration — such as expanding pretrial diversion, reducing case disposition time, and reducing existing caseloads — instead of prosecuting more cases. The commissioners were right to call for studies into how best to improve the district attorney’s office, and District Attorney Ogg should commit to specific plans for how any newly hired prosecutors will be used. That’s accountability.”

“There is no question that Harris County prosecutors have high caseloads, but the solution is not to add more prosecutors in a cycle that endlessly ratchets up the size of the criminal system. The smartest way to reduce caseloads is to dismiss more cases, identify more cases for diversion, and invest significantly in substance use disorder and mental health treatment that help people who need it and prevent them from ending up awaiting prosecution in the first place.”

Seems to me this conversation will need to include HPD, the Sheriff’s office, and all of the other law enforcement organizations in Harris County as well. If the DA needs to prioritize what cases get prosecuted, they will need to prioritize what arrests they make. Commissioners Court needs to do its part, too, by working to expand mental health offerings. The Lege could also pitch in here, though for obvious reasons I’ll keep my expectations low. Everyone has a part to play – Kim Ogg’s part is bigger than the rest, but it’s not just her. Maybe by the time next year’s budget is being discussed, we’ll have less to argue about.

And speaking of next year:

Audia Jones, the former prosecutor who on Monday filed paperwork to challenge Ogg, spoke against the proposal. Jones said she left the district attorney’s office in December in part because she said Ogg’s administration has been too reluctant to offer jail diversion to defendants of color, in contrast with their white counterparts.

She said temporary court closures caused by Hurricane Harvey are not a driver of increasing caseloads, as Ogg contends, but rather are a result of her administration’s policies.

Murray Newman, who had some earlier thoughts about the Ogg proposal, notes that Audia Jones is married to Criminal Court Judge DaSean Jones. I’m not sure how that conflict gets sorted out if she wins (one obvious remedy would be for Judge Jones to step down), but that’s a concern for another day. I would have picked County Attorney Vince Ryan as the first member of the class of 2020 to get a potential primary opponent – designating a treasurer is a necessary step to running for office, but it doesn’t commit one to running – but here we are.

The Southern Baptist Convention’s sexual abuse problems

Some excellent longform reporting from the Chron, with more to come.

Thirty-five years later, Debbie Vasquez’s voice trembled as she described her trauma to a group of Southern Baptist leaders.

She was 14, she said, when she was first molested by her pastor in Sanger, a tiny prairie town an hour north of Dallas. It was the first of many assaults that Vasquez said destroyed her teenage years and, at 18, left her pregnant by the Southern Baptist pastor, a married man more than a dozen years older.

In June 2008, she paid her way to Indianapolis, where she and others asked leaders of the Southern Baptist Convention and its 47,000 churches to track sexual predators and take action against congregations that harbored or concealed abusers. Vasquez, by then in her 40s, implored them to consider prevention policies like those adopted by faiths that include the Catholic Church.

“Listen to what God has to say,” she said, according to audio of the meeting, which she recorded. “… All that evil needs is for good to do nothing. … Please help me and others that will be hurt.”

Days later, Southern Baptist leaders rejected nearly every proposed reform.

The abusers haven’t stopped. They’ve hurt hundreds more.

In the decade since Vasquez’s appeal for help, more than 250 people who worked or volunteered in Southern Baptist churches have been charged with sex crimes, an investigation by the Houston Chronicle and the San Antonio Express-News reveals.

It’s not just a recent problem: In all, since 1998, roughly 380 Southern Baptist church leaders and volunteers have faced allegations of sexual misconduct, the newspapers found. That includes those who were convicted, credibly accused and successfully sued, and those who confessed or resigned. More of them worked in Texas than in any other state.

About 220 offenders have been convicted or took plea deals, and dozens of cases are pending. They were pastors. Ministers. Youth pastors. Sunday school teachers. Deacons. Church volunteers.

Nearly 100 are still held in prisons stretching from Sacramento County, Calif., to Hillsborough County, Fla., state and federal records show. Scores of others cut deals and served no time. More than 100 are registered sex offenders. Some still work in Southern Baptist churches today.

Journalists in the two newsrooms spent more than six months reviewing thousands of pages of court, prison and police records and conducting hundreds of interviews. They built a database of former leaders in Southern Baptist churches who have been convicted of sex crimes.

The investigation reveals that:

• At least 35 church pastors, employees and volunteers who exhibited predatory behavior were still able to find jobs at churches during the past two decades. In some cases, church leaders apparently failed to alert law enforcement about complaints or to warn other congregations about allegations of misconduct.

• Several past presidents and prominent leaders of the Southern Baptist Convention are among those criticized by victims for concealing or mishandling abuse complaints within their own churches or seminaries.

• Some registered sex offenders returned to the pulpit. Others remain there, including a Houston preacher who sexually assaulted a teenager and now is the principal officer of a Houston nonprofit that works with student organizations, federal records show. Its name: Touching the Future Today Inc.

There’s a lot more, so go read the whole thing. Along the way, it references the Paul Pressler scandal, which continues on. Here’s the index page for this series – there are two more stories coming – where you can also search their database of offenders. If there’s one lesson we can learn from the Catholic Church’s long-running scandal, it’s that no matter how much we think we know now, there will be more to come. And it can’t be emphasized enough that both the SBC and the Catholic Church have been among the biggest power players behind all of the main “morality” crusades in recent decades, most prominently restrictions on women’s reproductive freedom and LGBT equality (Paul Pressler was a big donor to the anti-HERO campaign). Never, ever forget any of that.

How many prosecutors do we need?

Opinions differ, but it’s a big question in Harris County right now.

Kim Ogg

Hanover is one of many prosecutors Harris County District Attorney Kim Ogg said are overburdened — the reason she has asked Commissioners Court for a budget that would fund 102 additional assistant district attorneys and more than 40 support staff. Ogg said the surge is needed to clear a backlog in cases exacerbated by Harvey, a driver of overcrowding at the Harris County Jail.

Her proposal to expand the prosecutor corps by a third, however, has evolved into a proxy battle over the future of criminal justice reform in Harris County. Ogg finds herself so far unable to persuade Democrats on Commissioners Court as well as reform groups, who have questioned her self-identification as a progressive and said her proposal would lead to more residents in jail.

“Simply adding prosecutors is the strategy that got us here in the first place, with this mentality that the only thing we can spend money on is police and prosecutors,” said Jay Jenkins, project attorney with the Texas Criminal Justice Coalition.

Ogg, a first-term district attorney who unseated a Republican in 2016 with the support of many progressive groups, said these critics fail to grasp the on-the-ground realities of her prosecutors, whose heavy workloads mean they sometimes are the reason cases are delayed and defendants languish in jail.

Ogg pledged to send the first 25 new hires to the felony trial bureau, where she said they can help achieve the reforms progressives seek, such as identifying low-risk defendants who can be sent out of the criminal justice system without a conviction.

“Who else is going to divert offenders who should re-enter society, and prosecute the people who should be incarcerated to protect the public?” she said. “This is a question of how fast do our funders really want to reform our justice system?”

Ogg laid out her argument in an interview Wednesday at the district attorney’s temporary quarters at 500 Jefferson, where a regular shuttle takes prosecutors to the criminal justice complex more than a mile away.

Ogg said since taking office, she is proud to have diverted 38,000 defendants for a variety of low-level offenses, including marijuana possession, misdemeanor theft, first time DUI and mental health-related charges such as trespassing. With an active caseload that jumped from about 15,000 when Harvey hit to 26,523 this week, she said prosecutors are not always able to give victims and defendants the attention they deserve.

Her staff noted Harris County’s 329 prosecutors are less than half the number in Illinois’ Cook County, which is only slightly more populous.

“With adequate staff, we’ll be able to offer pleas that are reasonable earlier,” Ogg said. “We’ll be able to focus on public safety to make sure we don’t let someone go who is really a risk and threat to either his family or his community.”

She sought to mollify the concerns of progressives who fear it could lead to more people in jail, saying, “There’s no data showing that more prosecutors equals more prosecutions.”

Here are the original statements put out by TOP and the TCJC. This subsequent Chron story gives some more detail.

“We would like to stop the clock and take time to consider other options, primarily looking at funding for mental health issues,” organizer Terrance Koontz said.

Koontz said TOP is looking at housing options for nonviolent offenders who may need to reset their lives.

“We’re talking about individuals who are being arrested for minor drug charges or being homeless on the street or having a mental problem, and they definitely shouldn’t be sitting in jail,” Koontz said. “We are not here to attack D.A. Ogg, we just want more time to consider our options.”

[…]

Doug Murphy, president of the Harris County Criminal Lawyers Association, agrees with Ogg’s proposal.

“Having witnessed the daily reality of their lack of manpower what we’re seeing is Harris County was the fastest moving docket in the country, we called it the rocket docket, and it slowed it down to a snail’s pace,” said Murphy. “What we got is bloated dockets because they don’t have the manpower to work these cases up and marshal the evidence.”

Murphy believes more prosecutors would help pick up the pace of getting cases to trial, resolved and even dismissed. “If I weren’t witnessing daily the backlog and the frustration, I would be in total agreement with the other organization,” Murphy said.

Koontz still worries that more prosecutors would ultimately mean more arrests and more people wrongly incarcerated.

“We just want to consider other viable options outside of just hiring the prosecutors,” Koontz said. “Because although it does not seem like putting more people in jail, at the end of the day we feel like more people will end up in jail than not and at the end of the day its black and brown people who are overwhelmingly being incarcerated.”

Honestly, I think everyone is raising valid concerns. The chaos of Harvey has caused a big backlog for the DA’s office, and it doesn’t serve anyone’s interests for cases to drag out because there just isn’t the time or the bandwidth among overworked assistant DAs to get to them. On the other hand, Kim Ogg made promises about how she was going to reform the system, and a big part of that was not prosecuting a lot of low-level crimes or crimes involving people who need mental health treatment. They also worry that while Ogg might not backtrack on her stated priorities, the next DA who inherits her bigger office may not share those priorities. It’s not at all unreasonable to worry that an increase in prosecutors will be counter to Ogg’s stated goals.

So how to resolve this? Grits suggests increasing the Public Defender’s office by an equivalent amount – Commissioner Rodney Ellis has suggested something like this as well, and the PDO is seeking more funding, so that’s on the table. I like that idea, but I also think it may be possible to assuage the concerns about what happens after the backlog is cleared by putting a time limit on the hiring expansion. Is it possible to hire people on one or two year non-renewable contracts, to get the office through the backlog but then have it return to a smaller size afterward? I’m just spitballing here, but if we agree that clearing the backlog is a worthy goal, then we ought to be able to find a way to ensure that doing so doesn’t lead to mission creep. I’m open to other ideas, but I feel like this is something that needs to lead to a compromise, not one side winning and the other side losing. I hope we can get there.

“Credible” abuse claims against clergy

I’m just going to leave this here.

Every Roman Catholic Diocese in Texas released a list Thursday of “credible abuse” claims against clergy going back decades, a move that comes as dioceses across the nation have released or prepared to release similar lists in response to a call from Pope Francis for greater transparency and accountability.

The ongoing sexual abuse scandal that has rocked the church reached a new crescendo in August after a Pennsylvania investigation found more than 1,000 victims and more than 300 perpetrators throughout the state. Two months later, the 15 dioceses across Texas announced that they would be publishing their own lists by Jan. 31.

Gustavo García-Siller, the Archbishop of San Antonio, said at the time that Texas bishops “are working to further healing and restore trust, to take new actions to protect the vulnerable and offer support to survivors of clergy sexual abuse of minors.”

On Thursday, the names of accused clergy appeared on each diocese’s website: 42 in Galveston-Houston, four priests and a deacon in Lubbock, 22 in Austin, 53 in San Antonio. Many of the lists were accompanied by letters from bishops or videos like the one posted by Austin Bishop Joe S. Vásquez, who said, “I apologize and express my deepest sorrow to the victims and their families for the abuse that occurred and for any failures of the Diocese of Austin. I pray daily for these and all victims of sexual abuse.”

Jordan McMorrough, director of communications for the Archdiocese of San Antonio, said each list includes every credible allegation of sexual abuse going back as far as the 1940s and ’50s. The San Antonio archdiocese list, released on its website, stretches back to 1940.

The lists also included the church’s definition of a “credible allegation.” The Catholic Diocese of Dallas website said a credible allegation was “one that, after review of reasonably available, relevant information in consultation with the Diocesan Review Board or other professionals, there is reason to believe is true.”

“Although I have also provided this list of names to law enforcement, inclusion on this list does not indicate that a priest is guilty of, been convicted of, or has admitted to the alleged abuse,” Dallas Bishop Edward J. Burns said in a letter that accompanied his diocese’s list of 31 people — 17 of them deceased.

The Archdiocese of San Antonio also plans to release a document with an audit of all of its cases and how they were handled, written by an independent Lay Commission on Clergy Sexual Abuse of Minors.

Emphasis mine. I’m glad this is all coming to light, but boy has it taken a lot longer than it should have. Now we need an equally comprehensive report on who covered up for all these crimes. There’s still a lot more the Church needs to do before it can meet its own standards for absolution. The Chron has more.

Joint processing center opens

This was a long time coming, but it should be worth the wait.

More than a decade after city voters approved a bond measure to fund it, Houston and Harris County opened a joint inmate processing center Thursday that officials say will eliminate the redundant practice of booking inmates at the city jail before transferring them to the county lockup.

The downtown center, replete with a digital processing system, open booking areas and dormitory-style units, was designed to be more efficient and to square with the city and county’s evolving attitude on criminal justice, officials said.

“This streamlined, expedited booking process is a true game-changer for Harris County law enforcement families,” Sheriff Ed Gonzalez told a roomful of elected officials and law enforcement officers at the new facility Thursday. “Every minute an officer spends escorting a prisoner through the intake process is another minute that they’re off the street keeping our neighborhood safe.”

For years, Houston police have booked suspects at one of two city jails, before transferring them to the Harris County Jail and booking them again. Eliminating the excess work is anticipated to free up about 100 police officers assigned to jail duty.

The city is set to cover 30 percent of the facility’s annual operating costs, amounting to about $14.5 million, said Andy Icken, Houston’s chief development officer.

[…]

The facility’s new digital booking system means officers will be freed from much of the paperwork that typically bogs them down. Officers also no longer will have to escort suspects across public streets, Gonzalez said, because they will be able to park in a sallyport attached to the building. He estimated officers would be in and out of the center within 20 minutes.

The facility, located across from the Baker Street Jail on San Jacinto Street, covers 246,000 square feet and will begin processing detainees Saturday.

See here for the previous update, which was in 2015 when ground was broken following the successful 2013 bond referendum. A 2007 county referendum that would have built more jail space had been voted down, and boy howdy does that look like a good decision in retrospect. This will get people processed through faster, and will cost less to operate. I just hope it won’t be prone to flooding. Kudos all around for finally getting this done.

HPD and Ring

We don’t have a Ring doorbell so this doesn’t affect me, but I do find it quite interesting.

The Houston Police Department announced Monday that it is joining Ring’s mobile app, Neighbors, in a move officials hope will reduce crime and improve safety in neighborhoods across the city, even as department officials complain of low staffing levels.

The HPD partnership with Ring, a rapidly growing home surveillance company that sells video doorbells and similar products, would help the police department communicate more effectively in real time with residents as crimes occur, Houston Police Burglary and Theft Division Commander Glenn Yorek said.

“HPD will be able to send alerts to neighbors of crime and safety incidents in real time, request information about local crime and safety from neighbors who opt in to sharing for a particular request, and work with the local community to build trust and to make the community safer,” Yorek said, announcing the partnership at the department’s downtown headquarters Monday morning.

The joint venture is the latest for Ring, a seven-year-old tech startup purchased by Amazon for more than $1 billion in February that has grown exponentially in recent years even as it has weathered criticism over its privacy practices and disputes over claims that its products reduce crime.

[…]

An article in MIT Technology Review reviewed Ring’s findings in the Los Angeles neighborhood and found that burglaries in subsequent years rose to levels higher than in any of the previous seven years.

And In West Valley City, Utah, officials performed a test in two neighborhoods of similar size and levels of crime. Both neighborhoods saw a drop in crime, according to the MIT Technology Review story, but the results were surprising: the neighborhood without the devices saw a more significant drop.

Maria Cuellar, an assistant professor of criminology at the University of Pennsylvania, said there is not sufficient evidence to say whether Ring devices really reduce crime.

Ring’s study in Los Angeles was problematic because it relied on small sample sizes, Cuellar said, adding that a properly designed study, or more data and analysis, is needed to tell if Ring cameras are really effective at reducing crime.

I think the question about whether smart doorbell/home security systems like Ring have an effect on crime or not will never be settled. The sample sizes are small, there are likely to be regional variations, and so many factors affect crime that isolating one of them is nearly impossible. There still isn’t a consensus answer to the question of why violent crime has declined so precipitously since the mid-90’s; the lead hypothesis has a lot of evidence behind it, but plenty of people remain skeptical, and even its proponents don’t claim it’s the sole reason. As for the privacy concerns, that’s going to be up to everyone’s individual appetite for that kind of risk. I think if I were the type of person to install a Ring, I’d also want to have my local police department be a part of its Neighbors app. I’m not that kind of person, at least not at this time, so my response to this is mostly to shrug. Your mileage may vary.

We really are about to do away with the old cash bail system

I have four things to say about this.

The new slate of Democratic judges has approved a drastic revision to Harris County’s bail system that could serve as a model for a settlement in the historic lawsuit in which a federal judge found the county’s judicial rulings unjustly relegated poor people arrested on minor offenses to jail because they couldn’t afford costly bonds.

The 15 new court-at-law judges and new presiding Democrat who was not up for election voted Wednesday on the new bail protocol that will affect thousands. They have spent weeks hammering out a plan with the sheriff, the district attorney and county leadership and will ask the federal court this week to implement it as a foundation for a settlement.

County Court at Law Judge Darrell Jordan, the presiding judge, estimates that 85 percent of people arrested on misdemeanors will now qualify to be released after arrest on no-cash bonds, with a few exceptions for people who must await a hearing – for up to 48 hours – for bond violations, repeat drunken driving offenses and domestic violence charges. At that point, they may also qualify for personal recognizance bonds.

“What it means is that no one will be in jail because they cannot afford to get out,” Jordan said. “The only people who will be detained and have to speak to a judge are a very small subset who will be processed through the Harris County Jail and those carve outs are aligned with best practices from around the country.”

The change was widely celebrated.

“It’s a big day for Harris County,” said attorney Allan Van Fleet, who represents the judges in the federal lawsuit. “It will make Harris County safer and more equal and provide more efficient processing of people accused of misdemeanors.”

1. Elections have consequences. I almost can’t believe this is actually about to happen.

2. Just a reminder, many of the people now in the jail are there awaiting trial. They have not been convicted of anything. Many others like them in the past never were convicted of anything, and many more pled guilty to something so they could get out. This will ensure there are far, far fewer people like them in the future.

3. The question of who was in jail awaiting trial and who was not was always largely about financial wherewithal, not about risk and danger to society. Remember, Robert Durst was granted bail.

4. One hopes that having far fewer inmates, many of whom don’t need to be there, will allow us to do a better job of ensuring the safety of those inmates, and enabling the jail to meet state standards. No more inmate suicides, please. We really need to do better than that.

How legal pot affects Texas

It has many effects.

In just two weeks in October, the legal landscape for marijuana use in North America changed dramatically.

First, Canada opened sales of legalized pot for recreational use, and then Mexico’s high court delivered a definitive ruling that citizens have the right to possess the weed for their personal use. That leaves Texas virtually surrounded by states that allow marijuana for medical use — but not for recreational purposes — as well as being sandwiched between two neighboring countries that have liberalized their stance on personal usage of the drug.

And while the Lone Star State is a long way from following the example of Canada and Mexico, there seems to be growing support for at least reducing stiff criminal penalties for possessing small amounts of the weed. Currently, possession of less than two ounces of marijuana is a class B misdemeanor, punishable by a six-month jail term and a $2,000 fine.

“Even in Texas, public opinion seems to have shifted from criminalization to at least decriminalization, with strengthening support for legalization,” said Nora Demleitner, a professor at Washington and Lee University School of Law in Virginia and the lead author of the textbook “Sentencing: Law and Policy.”

[…]

Despite the criminal penalties, Texas has two of the Top 10 consumer cities in the country. Houston occupies the fourth spot with an estimated 21 metric tons of weed consumed last year, after New York, Los Angeles and Chicago, according to the 2018 Cannabis Price Index from the German company Seedo, which tracks the market around the world. Dallas is number seven with 15 metric tons.

That high demand in Houston and elsewhere in Texas, some experts say, is not being met by traditional drug smuggling networks alone.

“Today in Texas, consumers easily find a wider variety of cannabis products than a few years ago coming from all over the place,” said Dean Becker, a Baker Institute contributing expert in drug policy.

Becker explained that states like Colorado, California and Oregon are growing more than their markets can absorb, and smugglers are flourishing moving the merchandise to other marketplaces. Mexico, he said, isn’t the main Texas supplier anymore as their producers are struggling to compete with the higher quality of U.S. grown products.

[…]

“The cannabis industry is a job creator, which Mexico and Canada realize, and it also cuts into the portfolio of criminals by making its use and sale a legitimate business that (creates) jobs and revenue,” said Grissom, the former federal prosecutor.

Grissom says Colorado is a good example, which reported total cannabis sales of $1.5 billion in 2017, and a staggering $5.7 billion since sales began in January 2014, according to the Colorado Department of Revenue.

“These funds did not go to criminals but to entrepreneurs who created over 20,000 new full-time jobs that paid a living wage as well as a new source of (tax) revenue for the state,” he said.

Overall, “the nascent U.S. cannabis market is already double the size of Canada’s, at $8.5 billion dollars,” said Brad Alexander, a senior adviser at McGuireWoods Consulting, a public policy advisory firm headquartered in Washington, D.C. He predicts that by 2022, this market could top $20 billion.

As the story notes, multiple DAs, mostly in big counties, are now de-emphasizing pot prosecutions, and Texas legalized – in a very limited way – a form of medical marijuana. Greg Abbott has made some comments recently about supporting a reduction in penalties for possession, but I’ll believe that when I see an anointed bill that is supposed to accomplish that. As for the prospects for legalization, I’ll just note that the arguments for it – economic benefit, especially as we are currently losing business from Texans who want to engage in it to neighboring states – sound an awful lot to me like the perennial arguments for expanded gambling. I don’t need to tell you how successful that pursuit has been. I think some small reforms by the Lege, with broader reforms pushed at the county level, will happen. Beyond that, keep your hopes in check.

Watch your packages

They’re disappearing off porches at an increasing rate.

Package thefts have become a growing problem across the country, Texas and Houston as more people shop online. Nearly 26 million Americans have had a holiday package stolen, according to a study by InsuranceQuotes, an Austin-based online insurance marketplace.

In Houston, police say, package thefts have increased by 80 percent since 2015, when the Houston Police started tracking the crime. SafeWise, a home security company research firm, estimates that nearly 20 out of every 1,000 Houston residents have had packages stolen and ranks the city No. 7 in the nation for package theft.

Houston was the largest city on SafeWise’s national list, which was dominated by Texas cities including No. 1 Austin and No. 8 Dallas.

The problem, of course, is exacerbated during the holidays, the busiest shopping season of the year. Americans spent a record $110.6 billion online between Nov. 1 and Dec. 19, an increase of 17.8 percent from last year, according to Adobe Analytics, a research firm tracking online shopping

“When the number of packages goes up, thefts go up,” Houston Police spokesman John Cannon said.

Package theft is difficult to solve — even with the proliferation of security cameras and video doorbells — because it’s a crime of opportunity, said Sgt. Eugenio Gonzalez with Houston Police’s burglary and theft division While there are some groups of so-called porch pirates roaming around snatching packages, many are first-time criminals.

“It’s easy pickings,” said Gonzalez.

[…]

Some consumers are taking matters into their own hands by setting out decoy packages. Recently, a former NASA engineer rigged a package that sprayed glitter and a fart-smell cologne on porch pirates when they opened it — and filmed their reactions. The resulting video went viral on YouTube, with more than 42 million views.

Houston police don’t recommend people set out bait packages to try to catch package thieves. Instead, they encourage residents to call and report thefts and have officers investigate.

Residents should schedule deliveries when someone is home, or have it delivered to people’s workplace or a neighbor’s house, police said. The department also encourages installing video cameras, buying shipping insurance and using package lockers.

“I never tell anyone to take the law into their own hands,” Gonzalez said. “I myself will be getting a Ring video doorbell for my family.”

I wouldn’t recommend the decoy package thing either, but I thank the guy who did do it for the lolz. There are various ways to mitigate against the problem, from secure pickup locations to letting delivery people enter your home to the old-fashioned “drop it off with a neighbor” and “be at home when they deliver” strategies. Or, you know, maybe buy more stuff in stores. I’m just saying.

One Stockman aide sentenced

He cooperated.

Best newspaper graphic ever

A federal judge Wednesday sentenced an ex-GOP congressional aide to prison for 18 months for helping former U.S. Rep. Steve Stockman illegally pilfer $1.25 million in campaign funds from wealthy Republican political donors.

Thomas Dodd, a 40-year-old Houstonian, told the judge he was sorry for his actions and pledged to repay the donors after he is released from prison.

“I fully accept responsibility for the actions that brought me before you,’’ said Dodd, his voice breaking as he admitted helping Stockman solicit donations from conservative and then concealed how they were misused.

Chief U.S. District Judge Lee H. Rosenthal ordered Dodd to repay his share of $800,000 restitution to the donors, but denied his request to serve a year and day in prison. Prosecutors had asked that Dodd receive a two-year prison term.

“I have no doubt that you knew what you were doing was corrosive and destructive to the institutions that we hold dear,” said Rosenthal, who also ordered Dodd to serve three years of supervision after his release from prison.

Beats ten years in the clink, that’s for sure. Jason Posey, another Stockman aide who cooperated and pleaded guilty to three charges last year, gets sentenced in January. With any luck, we will never have to think about Steve Stockman after that again.

Paxton prosecutors want another shot

Good luck.

Best mugshot ever

The attorneys appointed to prosecute Texas Attorney General Ken Paxton indicated in a court filing this week that they aren’t giving up a long-running fight to take the state’s top lawyer to court — at least not yet.

The filing follows a Nov. 21 ruling from the Texas Court of Criminal Appeals that six-figure payments to the special prosecutors were outside legal limits. The prosecutors, who have not been paid since 2016, had in the past suggested that if they did not get paid, they might leave the case, which has dragged on for more than three years.

Brian Wice, one of those prosecutors, on Monday filed a document with the Texas Court of Criminal Appeals seeking more time to ask the court to rehear the case. If the court grants his request, prosecutors would have until Dec. 21 to try and convince the high court to reconsider their case. Wice declined to comment on Tuesday.

On the Wednesday before Thanksgiving, the fractured court handed down a total of six opinions, including three dissents. The all-Republican court will welcome one new member, Michelle Slaughter, in the new year.

See here for the background. I know asking for a re-hearing is a normal thing, though I have no idea how often it works. Maybe with a new judge coming on board there’s a chance of a different outcome, I don’t know. Maybe because the opinions were all over the place the justices themselves might be open to reconsidering. It can’t hurt. I just don’t expect much to change. The DMN has more.

CCA may have killed the Paxton prosecution

Ugh. Just, ugh.

Best mugshot ever

The Texas Court of Criminal Appeals on Wednesday potentially imperiled the long-delayed criminal prosecution of Texas Attorney General Ken Paxton, ruling that payments to special prosecutors were outside legal limits.

If they cannot get paid, the prosecutors have suggested they could withdraw from the case against Paxton, a three-year-long legal saga that has dragged on in fits and starts amid side fights like the dispute over legal fees.

In its opinion Wednesday, the state’s highest criminal court said a lower trial court was wrong last year to approve a six-figure payment to the three special prosecutors handling the Paxton case. The prosecutors’ invoice was rejected by commissioners in Collin County — Paxton’s home county — touching off the legal fight that made its way to the Court of Criminal Appeals.

“Here, the trial court exceeded its authority by issuing an order for payment of frees that is not in accordance with an approved fee schedule containing reasonable fixed rates or minimum and maximum rates,” the opinion said.

The Court of Criminal Appeals invalidated the payment and ordered the lower court to re-issue it in accordance with the fee schedule.

“While we are disappointed with the majority’s ruling and are exploring all legal options available to us, it does not alter the fact that Ken Paxton remains charged with three serious felony offenses,” the prosecutors said in a statement responding to the ruling.

See here, here, and here for the background. I have no idea what happens next. A copy of the opinion is here, and the Observer has some thoughts. Maybe the prosecutors stick it out – maybe now Collin County will agree to pay them something reasonable, now that they can dictate the terms more. Maybe they step down and some other prosecutors step in. Maybe it all goes up in flames. The fact that we’re having this conversation at all is a scandal that needs to be addressed by the Lege. The possibility that Paxton may end up skating because the system as designed was not capable of finding a prosecutor for the charges against him is too gruesome to contemplate, so I’m not going to think about it any more today. Have some turkey or turkey-alternative, watch some football, and quit griping about how it’s Christmas season already. Happy Thanksgiving to you and yours.

The Innocence Project and the prosecutor

Fascinating case.

Attorneys with the group that helped exonerate Texan Michael Morton two decades after he was wrongly convicted of killing his wife were back at the Texas Supreme Court on Wednesday. But this time, instead of uncovering prosecutorial misconduct, they were sticking up for a former prosecuting attorney who they say should be a model for how to do the job.

Eric Hillman was an assistant district attorney in Nueces County who was fired in 2014 after refusing to follow a supervisor’s order to hide evidence that was favorable to a defendant in a felony intoxication assault case.

The New York-based Innocence Project took on Hillman’s case in March after lower courts dismissed his wrongful termination lawsuit, citing Texas sovereign immunity laws that protect government agencies from lawsuits in the interest of saving taxpayers money.

Hillman’s attorneys, Chris Gale and Philip Durst, a lawyer with the Innocence Project, argued that his firing goes against a state law designed to prevent wrongful convictions. They also asked the court to amend a 1985 ruling to give prosecutors and district attorneys additional protection if they are fired for refusing to break the law.

“The state has had more exonerations than any other, and has taken remarkable steps to prevent wrongful convictions by passing a series of laws to correct the system’s flaws,” said Nina Morrison, an attorney with the Innocence Project, in a statement. “But these new laws can only work if the prosecutors who enforce them are also protected.”

The Innocence Project helped argue the case before the Supreme Court, the first time in the organization’s 27-year history that its lawyers appeared in court on behalf of a prosecutor. The nonprofit legal group is best known for helping exonerate 350 wrongfully convicted individuals.

So consider this another reminder that taking the time and making the effort to achieve justice rather than rack up results means fewer innocent people in jail, more guilty people being arrested, and far less resources being used on the back end trying to fix the godawful mess that sloppy, indifferent, and often racist prosecutions create. Sure seems to me like the better way to go.

More on the Woodfill raid

Yeah.

Former Harris County Republican Party Chairman Jared Woodfill is being investigated on theft and money laundering allegations, accused of misappropriating funds of at least two of his law firm’s clients, according to an affidavit by the Harris County District Attorney’s office.

Authorities on Monday seized 127 boxes of files, six computers and disk drives from the Houston high-rise office of the Woodfill Law Firm at Three Riverway, according to the returned search warrant filed in Harris County district court on Tuesday.

In his affidavit for the search warrant, which also targeted computer logins, passwords, memory devices, and telephones owned by Woodfill or the law firm, fraud examiner Bryan Vaclavik indicated authorities were seeking evidence used to commit felony offenses of misapplication of fiduciary property, theft and money laundering.

No charges have been filed against anyone in connection with the ongoing investigation. The Harris County District Attorney’s office declined comment on the investigation.

Investigators seized financial records, legal files, documents and correspondence on Monday related to two divorce cases handled by the firm, the search warrant documents show.

The ongoing investigation has nothing to do with Woodfill’s party activities, his attorney Jimmy Ardoin told the Houston Chronicle Tuesday.

Woodfill was chairman of the county Republican Party for 12 years, before losing the post in 2014.

Ardoin said his client had no advance notice of the search and had no details about the allegations beyond the content of the search warrant.

Ardoin said he had been in contact with the district attorney’s office about its review of finances in a divorce case for three to four months and was dismayed that Woodfill was not allowed to provide information voluntarily.

“We believe there’s an accusation of misappropriation of client funds,” Ardoin said. “We have yet to get confirmation of what it is.”

See here for the background. I’m going to try to not get ahead of the facts, and to wait patiently for things to happen in this case – remember, as the story says, no charges have been filed as yet against anyone. But as I think about who Jared Woodfill is, boy will it be tough to do that.

Police raid Jared Woodfill’s office

Oh, my.

Authorities on Monday raided the law office of former Harris County Republican Party chairman Jared Woodfill.

Investigators with the Harris County District Attorney’s office wheeled carts of documents from Woodfill’s office at 3 Riverway at least an hour after they arrived.

[…]

Woodfill is the subject of two separate formal complaints — one to the State Bar of Texas and the other to the Houston Police Department. In both complaints, Woodfill is accused of taking hundreds of thousands of dollars from clients’ trust accounts.

In the criminal complaint, filed in March 2017, Richard Rodriguez accused Woodfill’s firm of stealing more than $300,000 from a divorce trust account. Rodriguez said Monday he believed the search was related to his complaint.

Oh, my, my.

Documents show Woodfill was reprimanded by the state bar two months ago for failure to take reasonable action in another divorce case.

The state bar, which oversees lawyers, ordered him to take classes in billing, trust accounts or law practice management.

All of that on top of two other civil cases in which opponents recently demanded Woodfill pay hundreds of thousands of dollars in unpaid fees.

It’s too early to say what all this is about. We don’t even know for certain that Woodfill himself is the subject of any investigation. But, um, none of this looks great.

Stockman gets ten years

Fitting.

Best newspaper graphic ever

Former Congressman Steve Stockman, a Tea Party stalwart who represented East Texas during two non-consecutive terms, was sentenced to 10 years in federal prison on Wednesday for his role in a wide-ranging scheme that included a spy operation aimed a fellow Republican challenger and $1.25 million in campaign funds pilfered from conservative megadonors.

Stockman, 61, of Clear Lake, said nothing in court after Chief U.S. Judge Lee H. Rosenthal sentenced the former beltway firebrand who in April was convicted by a jury on 23 felony counts stemming from unlawful use of charitable donations.

Stockman, who was wearing an orange jail uniform and beige rubber clogs and was chained at the ankles, faced the potential of more than 20 years on each of seven mail and wire fraud charges, as well as 10 years on each of 11 money laundering counts, five years apiece on two counts of making false statements, plus five years for making coordinated campaign contributions and up to three years for filing a false tax return.

His new defense lawyer, Marlo Cadeddu, asked for a 13-month sentence, which she said was average for a corruption case.

But Rosenthal said the short sentence “doesn’t come close to capturing this unique violation of public trust.”

“You stole money and used it for personal gain and you used it to violate the public trust,” Rosenthal told Stockman before he was sentenced. “You cheated the American taxpayer.”

She said her sentencing took into account that he sneaked around and had people go through trash of his perceived opponent, that he cheated taxpayers and tried to cover up his acts and continued to seek the political spotlight.

[…]

In addition to the 10-year federal jail term, Stockman faces three years of supervised release. He was also ordered t pay $1.014 million in restitution.

See here for some background, or just search the archives for “Stockman”. Sorry, but I’m fresh out of sympathy for grifters. He got what was coming to him. Jason Posey and Thomas Dodd, who pled out and testified against their former boss, will be sentenced on December 12. The Trib has more.

You know, there is a cheaper way to do this

Why are we still outsourcing inmates?

County commissioners next week will consider a proposal to outsource inmates to the Fort Bend County Jail, which would allow Harris County Sheriff Ed Gonzalez to slow — but not stop — the flow of inmates to a private prison in Louisiana.

The deal would bring as many as several hundred inmates closer to their families and attorneys, but would cost Harris County more than twice as much as shipping prisoners to Jackson Parish, La. It would also fail to address the root causes of overcrowding at the Harris County Jail, one of the nation’s largest, and prolong an elaborate game of musical chairs as the sheriff searches for jails to take his inmates.

Harris County’s 10,162 inmates are already spread across five facilities in Texas and Louisiana. It currently outsources 724 inmates, more than twice as many as any other Texas county.

[…]

“If there’s a desire to bring inmates closer to Harris County, this is the best deal we’ve been able to find so far,” said Harris County Sheriff’s Office spokesman Jason Spencer. “It doesn’t fully address the outsourcing issue, but it chips away at it.”

Harris County pays $29.33 per inmate, per day at Jackson Parish Correctional Center, with transport included. Fort Bend’s per diem is $55.00, and Harris County would also have to pay for transport. Spencer said the additional costs would push the county’s total monthly inmate outsourcing bill to around $1 million.

The jail had stopped farming out inmates in 2017 but a backlog in the courts following Harvey led to a surplus of people in the jail, and so here we are today. The monthly cost of doing so now is more than $500K, which will go up to about $1 million with the more expensive Fort Bend option. That may not be a choice as defense attorneys in Harris County have asked the Court of Criminal Appeals to bar sending inmates out of state. I know you know but I’m going to say anyway that if we had fewer inmates in the jail – and remember, the lion’s share of these inmates have not been convicted of any crime – we wouldn’t need to spend this money. It’s a choice we’re making, one we’ve been making for way too many years. At least we get to make another choice this November.

How many police forces do we need?

It’s an age-old question.

Harris County could save millions of dollars a year by consolidating overlapping law enforcement agencies, from sharing technological resources to reallocating duties from constables to the sheriff’s department, according to a report by the Kinder Institute for Urban Research at Rice University.

The report, which was released Thursday, revives several decades-old ideas to combine resources between law enforcement agencies in Harris County, despite likely opposition from the agencies and county government, which would have the ultimate authority in enacting many of the proposed changes.

[…]

Kinder studied the 60 law enforcement agencies that form a patchwork of separate but sometimes overlapping patrols within Harris County, including the sheriff’s office, the Houston Police Department, constables’ offices, school district police departments and smaller municipal police departments. Those agencies spend a combined $1.6 billion per year on law enforcement, according to the report.

“We do have a system that, for all intents and purposes, is working fairly well,” Kinder researcher Kyle Shelton said. “But there are clearly places where there are overlaps and places where we could see what efficiencies would work.”

Among ideas included in the report are a merger of the Metropolitan Transportation Authority’s police department with the Houston Police Department, and the consolidation of smaller municipal police departments into a larger network.

One of the report’s most aggressive ideas to consolidate would be to move patrol duties from the eight Harris County constables’ offices to the Harris County Sheriff’s Office.

Political opposition to that idea would be too difficult to overcome because agencies would have to cede governing power, [County Commissioner Steve] Radack said.

“People can study it and study it and study it, but I can assure you … the people that are really familiar with this are all going to say, no” said Radack, who was formerly the Precinct 5 constable.

You can see the report here. Two points I would add: One, this is not limited to Harris County. Two, the list above leaves out police departments associated with universities, community colleges, and medical schools. There’s a lot of law enforcement agencies out there.

I find it interesting that the main argument against any sort of consolidation is that there would be political opposition to it, as Commissioner Radack notes. I don’t doubt that he’s right, but it’s not a reason, it’s a justification. Some reforms would require legislative assistance – Constables are constitutional offices, after all – while others shouldn’t need anything more than various entities working together. I’m pretty sure that there’s a dollar figure that could be attached to each recommendation in that report. Maybe if we start talking about it, we can decide what if any of these ideas are really worth pursuing, even in the face of political opposition.

Arkema indictments

This will cause a stir.

A Harris County grand jury on Friday indicted the French chemical company Arkema and two executives for the “reckless” release of toxic chemicals during Hurricane Harvey last August, a move that alarmed industry leaders and surprised environmental advocates.

The company, CEO Richard Rowe and plant manager Leslie Comardelle put residents and first responders at risk when the Crosby plant caught fire as Harvey dumped record rainfall on the Houston area, according to the Harris County District Attorney’s office.

“As the hurricane approached, Arkema was more concerned about production and profit than people,” said Alexander Forrest, chief of the District Attorney’s environmental crimes division.

The last time a chemical company faced criminal charges for a major incident in Texas was 2005, when an explosion at BP’s Texas City refinery killed 15 workers and injured almost 200. BP paid $50 million in fines for the incident but no one from the company served prison time.

Arkema called the criminal charges filed against it “astonishing” and pledged to fight them vigorously.

“There has never been an indictment like this in Texas or any other state,” Arkema attorney Rusty Hardin said. “It would set an ominous precedent if a company could be held criminally liable for impact suffered as a result of the historic flooding of Hurricane Harvey that no one, including Harris County itself, was prepared for.”

But federal documents showed Arkema wasn’t even prepared for a much smaller flood, despite being partially located in a floodplain.

[…]

Harris County District Attorney Kim Ogg said she’d go after companies who pollute. Environmental advocates applauded her actions.

“I hope these kinds of criminal charges will really get the attention of not just Arkema but the industry more broadly,” said Luke Metzger, executive director of the advocacy group Environment Texas. “They can’t play fast and loose with safety standards and the protection of the public.”

See here, here, and here for some background. Arkema is also being sued by Harris County, which is usually how these things go when any action is taken. Going for indictments is a bold move, one that hasn’t been done before, but one that is at least worth considering, given the circumstances. Whether the indictments will survive the motions to quash them, and the appeals in those motions are denied, is the key question. I will keep an eye on this.

The Schlitterbahn story

Texas Monthly does its thing on Schlitterbahn co-owner Jeff Henry and the criminal charges that stemmed from the death of an 11-year-old boy on the biggest ride at the park in Kansas City.

Investigators and detectives from the Kansas City Police Department, the Kansas Bureau of Investigation, and the Kansas attorney general’s office also arrived at Schlitterbahn. A detective interviewed 29-year-old Tyler Miles, who had been working at the park since 2013 and had advanced from construction worker to lifeguard to director of operations, responsible for all aspects of the park’s day-to-day ride operations. “Have you been aware of any complaints regarding Verrückt the ride in the last season?” the detective asked.

Miles answered, “I have not, sir,” according to the detective. His lawyers would later say he was so confident in the ride’s safety that on the very day that Caleb was killed, he had brought his wife to the park to ride Verrückt.

Investigators later learned, however, that Schlitterbahn employees were required to submit regular “ops reports” about the rides they monitored and, according to reports that the investigators read, Verrückt had problems that were never revealed to the public. For instance, eleven Schlitterbahn customers said they had been injured on Verrückt between August 31, 2014, and August 5, 2016 (two days before Caleb’s death). In five of the incidents, riders claimed they were injured while their rafts were still in the chute. (One rider reported that her head had slammed into the headrest and she sustained a concussion when her raft entered the runout pool at a high speed.) In five other incidents, riders claimed their rafts went airborne over the crest of the second hill and that they suffered head, neck, and back injuries when their rafts slammed back down onto the chute. And a man named Norris “J. J.’’ Groves reported that when his raft went airborne, his face and forehead struck the netting and a metal hoop, causing his right eye to swell shut for the rest of the day.

An investigator spoke to a seventeen-year-old lifeguard who said that Miles had ordered him to write a report that downplayed the severity of the Groves incident. Meanwhile, sifting through Verrückt’s maintenance reports, other investigators concluded that Miles had avoided or delayed making repairs that would have taken the ride out of commission. According to investigators, Miles hadn’t even ordered repairs when a Schlitterbahn manager informed him, on July 15, 2016 (three weeks before Caleb’s death), that maintenance work on Verrückt’s brake system was a priority.

What’s more, according to court documents, the investigators learned that on July 3, 2014, one week before the ride’s grand opening, an engineering firm hired by Jeff and Schooley to perform accelerometer tests on Verrückt’s rafts had issued a report suggesting that if the combined weight of the three passengers in a raft was between 400 and 550 pounds—the weight Jeff and Schooley had agreed was appropriate—there was a chance the raft would go airborne on the second hill. The ride opened anyway, with the weight range unchanged.

By 2017, attorneys for Schlitterbahn were meeting with the Schwab family’s attorneys. They eventually agreed that the water park and various companies associated with the design and construction of Verrückt would pay Caleb’s family a $20 million settlement, an astonishing sum. The two sisters who had ridden behind Caleb, both of whom suffered facial injuries, also received a settlement, of an undisclosed amount.

Still, neither Jeff nor his siblings offered any public explanation for what had happened. Had there been a problem with the distribution of the three passengers’ weight that caused the raft to lift off into the air? Had something gone wrong with the cannon nozzle that shot the raft up the second hill? Was the wind a factor? No one seemed to know, not even Jeff.

He said he wanted to return to Verrückt, which closed immediately after Caleb’s death but still loomed over the Kansas City landscape like some grisly monument, so he could find out what had gone wrong. His hope, he said, was to reconstruct the fatal ride exactly as it took place, assisted by a team of independent experts. But prosecutors for the Kansas attorney general’s office persuaded a judge to lock down the ride. They believed it was a valuable piece of evidence that should not be touched. Schlitterbahn was perhaps not the scene of a freak horrific accident, the prosecutors were saying, but the scene of a crime.

See here for the background and be sure to read the whole thing, as any story by Skip Hollandsworth is worth reading. Verrückt has since been torn down, and if there is a criminal trial it will happen next year. I’m still struggling with how I feel about this, and I hope that enough facts come out during the trial to help me sort it out. Read the story and see what you think.

Darian Ward indicted on charge of violating public information laws

Wow.

Mayor Sylvester Turner’s former press secretary, Darian Ward, was indicted by a grand jury this week for failing to turn over public records in response to a reporter’s request late last year.

The indictment, handed up Tuesday but released by Harris County District Attorney Kim Ogg’s office Thursday, says Ward, in “misrepresenting” the number of emails responsive to a reporter’s request for correspondence about her personal business activities, “unlawfully, with criminal negligence … failed and refused to give access to … public information.”

Ward resigned in January, weeks after news broke that she had been suspended for withholding the records, and because the records showed she had routinely conducted personal business on city time.

[…]

“Mayor Turner expects every city of Houston employee to comply with the Texas Public Information Act,” mayoral spokeswoman Mary Benton said, noting the mayor was on a trade mission to South America. “Questions about today’s grand jury decision should be directed to the Harris County District Attorney’s office.”

She is charged with failure or refusal by an officer for public information to provide access to public information, a misdemeanor punishable by a fine of up to $1,000, six months in jail or both.

The indictment first was reported by KPRC Channel 2.

[…]

Kelley Shannon, executive director of the Freedom of Information Foundation of Texas, said it is common for officials to stall the release of records or impose unreasonable charges for the documents’ release without technically violating the law, and many more — typically unprovable — cases in which requesters suspect the act is being violated.

“It is very important that officials are taking the Texas Public Information Act seriously,” Shannon said. “Whatever comes out of this indictment, it shows that attention is being focused on the Public Information Act and the importance of adhering to the act.”

See here and here for some background on Darian Ward’s end of tenure with the city. I’m irresponsibly speculating well in advance of any evidence, but I would not be surprised if this winds up with a plea deal and a minimal fine. Whether that sets an example for adhering to the Public Information Act or not is up for debate, but I will agree that this law is routinely ignored and should be enforced more often. Those of you with long memories may recall the Rick Perry email saga, which included a complaint filed with the Travis County DA that did not result in any charges. We live in different times now, I guess.

Larry Nasser indicted in Walker County

It’s something, but it’s not enough.

A Walker County grand jury Friday indicted two former USA Gymnastics officials, disgraced physician Larry Nassar and athletic trainer Debra Van Horn, in conjunction with Nassar’s sexual abuse of gymnasts at the Karolyi Ranch in the Sam Houston National Forest.

Investigators, however, said they had no evidence on which to base charges against famed coaches Bela and Martha Karoyli, whose secluded ranch served for two decades as the women’s national team training center and where Nassar is accused of abusing world class gymnasts, including Olympic gold medalists, for two decades under the guise of medical care.

Nassar, who is serving the equivalent of a life sentence after pleading guilty in Michigan to state charges of sexual abuse and federal charges of possessing child pornography, was indicted on six charges of sexual abuse of a child, a second-degree felony punishable by two to 20 prison years, a maximum $10,000 fine or both.

Van Horn, who worked for USA Gymnastics for almost 30 years through last January, most recently as director of sports medicine services, was indicted on one charge of sexual abuse of a child. She is not in custody, but her attorney, Philip Hilder of Houston, who also is representing USA Gymnastics in two Walker County lawsuits, has been informed of the indictment, officials said.

[…]

The decision to indict Nassar and Van Horn but to spare the Karolyis was greeted with greeted with thanks by the Karolyis’ attorney, David Berg, and with disdain by John Manly, who represents several dozen of Nassar’s victims and has filed lawsuits against USA Gymnastics and the Karolyis for failure to protect athletes from Nassar’s abuse.

“The Karolyis are grateful to the Texas Rangers and the Walker County DA’s office for reaching the only conclusion they could have reached, that this exonerates them and removes a terrible cloud,” Berg said.

“They will continue to cooperate, but this investigation could go on until the end of time and there will never be charges against Bela and Martha Karolyi because they have done nothing wrong.”

Manly, in contrast, said the decision to indict Nassar, in light of the lengthy prison sentences already handed down, made as much sense as “digging up Lee Harvey Oswald and indicting him for the murder of President Kennedy.”

“Walker County made it clear to the survivors that they the Karolyis were never going to be a target of the investigation. This is a classic example of insiders protecting insiders,” he said.

“Their universal response of the survivors and their families is they feel nauseous about the way this was handled. I am convinced if this were a high school football team in Walker County, they would have gotten better treatment than these women did. … I’ve seen police departments take speeding violations more seriously.”

See here, here, and here for the background. I mean, maybe there wasn’t sufficient evidence to charge the Karolyis with a crime, despite all of the criminal activity happening at their ranch that they apparently failed to notice or take action on, but it sure seems like there ought to have been. It’s hardly out of the question that the Walker County DA might have given them more courtesy than they deserved. Perhaps we’ll find out more as the various lawsuits work their way through the courts. But for now, this is what we have. Deadspin and ThinkProgress have more.

Don’t expect a Ken Paxton trial to happen this year

Delays, delays, nothing but delays.

Best mugshot ever

Texas Attorney General Ken Paxton was indicted for fraud nearly three years ago but is unlikely to go on trial before Election Day.

Paxton’s trials are on hold while the Texas Court of Criminal Appeals decides whether the prosecutors on the case are being overpaid. The court went on summer recess Wednesday, and won’t hear any cases or issue any major opinions before the fall.

This means they won’t announce a decision in the pay case until September, at the earliest, which experts said will delay Paxton’s trial dates until after the Nov. 6 election — and probably into next year.

“I just don’t see there’s any way it gets tried before the election,” said Rusty Hardin, a Houston attorney who has represented everyone from Enron employees to athletes and TV stars. “I would have doubted that the trial would have happened before the election even if the Court of Criminal Appeals would have decided today.”

There’s more, so read the rest. Just for a sense of the timeline here, the 5th Court of Appeals in Dallas halted the special prosecutors’ pay last February, then ruled they had to give a bunch of it back to Collin County in August. The CCA then stayed that ruling pending any action it would take in September, and after giving everyone 30 days to respond to the prosecutors’ appeal of the 5th Court’s ruling, they agreed in December to formally review that ruling. At that time, it delayed the actual Paxton trial, which was originally set to start on December 11, to this year. More than six months later, the CCA has not scheduled oral arguments for that appeal, and so here we are. There are other factors at play here – the damage done to the Harris County courthouse by Harvey greatly complicates things, for example – but either until this lawsuit gets resolved, nothing else will happen. And just any ruling won’t get us back on track, because if the CCA lets the 5th Court’s ruling stand, the special prosecutors will resign, and we’ll have to start more or less from scratch. Ken Paxton could well be collecting his state pension by the time this sucker gets to a courthouse.

You’ve heard the expression that “justice delayed is justice denied”. Usually, that applies to the defendant, who is entitled by the Constitution to a fair and prompt trial. In this case, as Democratic nominee for AG Justin Nelson says in a statement, Ken Paxton is benefiting from the unending delays, with the assistance of his legislative cronies. You’d think a guy who loudly proclaims his innocence would want to get this over with, but not Ken Paxton. It would seem he’s just fine with putting this off, at least until after the election. Feel free to speculate as to why that might be.

Uresti gets 12 years

Harsh, but hardly unfair.

Carlos Uresti

Standing before a federal judge in a San Antonio courtroom on Tuesday afternoon, former state Sen. Carlos Uresti was contrite.

“I truly feel remorseful, ashamed, disappointed, disgraced, angry at myself and sad,” Uresti told the court, according to the San Antonio Express-News.

But shortly after, speaking to reporters outside the courthouse about his plans to appeal a 12-year federal prison sentence he said he does not “believe is fair and just,” the two-decade veteran of the Texas Legislature seemed anything but remorseful.

The sentence he received Tuesday — and the $6.3 million in restitution he’s been ordered to pay to victims of a Ponzi scheme he was convicted of helping carry out — is “just another obstacle,” Uresti said.

“When you’re right, you never give up,” he said. “And we’re right, so we’re not going to give up.”

See here for the background. He still has a second federal trial to undergo in October, so this is not as bad as it may get. I wonder if there was a dawning realization that a multi-year sentence was likely, and that this was what finally got him to resign, four months after his conviction. Whatever the case, and acknowledging that he did do some good things as a Senator, I’m glad he finally stepped down. As to what happens from here, I can’t say I have any feelings about it. The whole affair was sad, but Carlos Uresti is a grown man who made his own choices. He can live with the consequences of those choices.

In which we try again to eliminate a rape kit backlog

How exactly did we get here?

The city’s independent crime lab on Tuesday announced an ambitious plan to clear a backlog of hundreds of rape kits and other DNA evidence, the latest effort to rein in a recurring problem that has bedeviled criminal prosecutions for more than a decade.

Over a 10-month period, the Houston Forensic Science Center plans to spend $2 million to outsource testing of nearly 1,000 cases and cross-train staff in data analysis with the hope of preventing similar backlogs in the future.

“HFSC, like many labs across the country, has long struggled with backlogs in its DNA section,” said Dr. Peter Stout, HFSC’s CEO and president. “Our plan is to simultaneously eliminate a longstanding backlog while building a sustainable, efficient process that allows for an average 30-day turnaround time on DNA work.”

Officials said cross-training staff would help alleviate future delays, particularly during the data analysis of the testing, a time-intensive process that fewer than 10 analysts are authorized to perform.

[…]

Evidence backlogs have plagued Houston law enforcement for decades. A 2002 scandal at the Houston Police Department’s crime lab led the department to temporarily shutter its lab and led to calls for a regional testing lab.

The department reopened its lab, but then weathered additional scandals in 2009, after its rape kit backlog swelled to more than 4,000 cases and its fingerprint backlog surpassed 6,000 cases.

That same year, the National Academy of Sciences found serious deficiencies in the nation’s forensic science system, and called for forensic labs to be operated independently of law enforcement departments.

Four years later, after spending millions of dollars, the department announced that it had cleared its rape kit backlog.

Questions, I have questions.

1. As the story notes, the previous backlog, which predates the creation of the HFSC, was cleared in 2013. Like I said up front, how did we get here five years later?

2. To be more specific, is this a matter of priorities, or of resources? If it’s priorities, what tasks for the lab are being prioritized over “rape kits and other DNA evidence”?

3. If it’s resources – the story does note that “fewer than 10 analysts are authorized to perform” the backlogged tasks – then what will it cost to avoid this in the future? Where does that funding come from?

4. Not a question, but since someone (such as a former candidate for Mayor whose name I no longer feel obligated to mention) will surely call for the HFSC to be merged with the Harris County Institute of Forensic Sciences, I will simply note that the HCIFS has had its own backlog issues in recent years.

I can understand why these questions might not have been addressed in the initial reporting. I do hope they will come up in subsequent stories.

Carlos Uresti resigns

About fscking time.

Carlos Uresti

Finally heeding calls from his colleagues on both sides of the aisle, state Sen. Carlos Uresti announced his resignation Monday, four months after he was found guilty of 11 felonies.

The news comes just over a week before the San Antonio Democrat is set to be sentenced by a federal judge in San Antonio; experts predict his penalty will be 8 to 12 years of prison time. He’s also scheduled for a trial in October on separate fraud and bribery charges.

“As you know, I am in the process of ensuring that justice is served,” Uresti wrote in a statement Monday. “I need to attend to my personal matters and properly care for my family. So, keeping in mind the best interests of my constituents and my family, I believe it to be most prudent that I step down from my elected office to focus on these important issues.”

[…]

His resignation will become effective Thursday.

In his announcement Monday, Uresti asked Gov. Greg Abbott to call a special election for the seat on the next uniform election date, which is the general election date in November. Doing so, he said, would save the district’s 17 counties thousands of dollars. The governor’s office did not immediately return a request for comment on timing for the election.

Several Democrats have already lined up to replace Uresti. State Rep. Roland Gutierrez announced his bid for the seat less than a month after the conviction; in early April, former U.S. Rep. Pete Gallego joined the fray as well.

See here and here for the background. Assuming we do get a November special election, which would join the other November special election(s) that we should get, we can have a replacement for Uresti sworn in and ready to go no worse than January, which is so much better than waiting till after November for a special election to be set. I’m sure there will be others besides Gutierrez and Gallego in the race, and as before I don’t have a preference at this time. Uresti set a low bar to clear, so an upgrade is likely. I for one am very ready for that.

No set-aside for Stockman

Sorry, Stevie.

Best newspaper graphic ever

A Texas federal judge has declined to set aside a jury’s conviction of former U.S. Rep. Stephen Stockman, R-Texas, who was found guilty in April of funneling what were solicited as charitable contributions into accounts that funded political campaigns and personal expenses, holding there was plenty of evidence to support the outcome.

Stockman’s defense team asked Chief U.S. District Judge Lee Rosenthal for an acquittal in May, after a jury convicted Stockman, 60, who was indicted in March 2017, on 23 of 24 counts and acquitted him on one count of wire fraud. Jurors deliberated for a little more than 15 hours over three days before returning their unanimous verdict in the trial that began with jury selection on March 19.

The former congressman’s attorneys argued in their motion that he’s entitled to an acquittal because a “reasonable-minded jury” couldn’t have seen the evidence presented at trial and concluded beyond a reasonable doubt that he was guilty. What the evidence did show, they argued, is that the wealthy conservative mega-donors Stockman was accused of defrauding — the now-deceased Stanford Z. Rothschild Jr. and Richard Uihlein — knew what Stockman was intending to use the funds for.

Stockman argued that while the evidence may have shown he was complicit in an illegal scheme involving campaign donations, it doesn’t show that he defrauded the rich donors who he alleges were “knowing participants.”

In her order issued Wednesday, Judge Rosenthal rejected that argument, noting that the government put Uihlein on the stand during the trial, and he testified he was misled about how the funds would be used.

“The evidence was sufficient for a jury to reasonably conclude that Stockman intended to defraud Uihlein,” the judge wrote. “The clear weight of the evidence supported the convictions. The jury credited Uihlein’s explanation and description of what Stockman told him and what he knew, believed, and expected as a result. The jury clearly did not believe the evidence that Stockman’s counsel cites to make the argument about Uihlein’s ‘real’ motive.”

See here for the background. Stockman remains in custody until he receives his sentence on August 17. I’m never going to get tired of these updates.

Who watches the anonymous tipsters?

Am I the only one who sees the potential for problems with this?

Want a safe way to anonymously report suspicious activity at your neighborhood school to prevent a potential school shooting? There’s an app for that.

In light of last month’s school shooting at Santa Fe High School, the Texas Department of Public Safety on Friday announced the launch of its “iWatch Texas” app giving students, teachers and parents a new tool to anonymously report incidents, suspicious activity or odd behavior to a network of federal, state, regional and local law enforcement authorities.

The app’s launch is part of Gov. Greg Abbott’s 40-part plan to ensure schools are safer in light of a school shooting at Santa Fe High School where a 17-year-old student opened fire on students there, killing 10 people and injuring 13. His other recommendations include beefing up security and hiring more school counselor.

The iWatch initiative is part of the DPS Intelligence and Counterterrorism Division, which operates as an information clearinghouse in Texas. The iWatch system feeds information to the Texas Fusion Center’s watch center 24 hours a day to coordinate with local law enforcement. Other states have created similar apps.

I should note that the IWatchTX.org website has been in existence since at least 2013. What’s new is the app, which you can find in the usual places. You can put in your contact information, but you don’t have to, and that’s my concern about this. What’s to stop people from anonymously filing false reports? It’s well known that when law enforcement advertises a tip line for help with particular cases, they are inundated with useless information, from delusions and nonsense to people reporting loved ones and rivals out of spite or revenge. The odds that people with bad motives will use this app for nefarious, even sinister purposes are very high.

Now, it says on the IWatchTX website that each report “will be reviewed by an analyst to determine if similar reporting exists and to ensure the appropriate referrals are made”, so clear-cut BS will likely be filtered out. That’s still going to mean DPS resources are being used on filtering it out, and innocent people may still get caught up in it. I get what DPS is trying to do, and I agree there may be value in it, but I say DPS will need to be transparent about the reports they get via this app. What percentage of them turn out to be viable, and what percentage is straight-up baloney? What percentage of the people targeted by false reports are minorities? The public needs to know these things to feel secure that law enforcement efforts are being used wisely. If there’s not already a provision in the law to make that happen, someone needs to push a bill in the next Legislature to make one.

The problem with more cops in schools

I haven’t had anything to say so far about Greg Abbott’s proposed responses to the Santa Fe school shooting. There isn’t much to say about it – these are a bunch of small changes around the margins, all while scrupulously avoiding any mention of ways to understand the causes of gun violence or strategies to actually try to reduce it. It basically takes it as a given that hey, people are gonna get shot, so we may want to try to make it a little harder on the shooters. RG Ratcliffe has a critique that’s worth reading, but Mimi Swartz really gets at an issue that has not gotten the attention it deserves.

But overall, the governor’s plan to address school safety is profoundly regressive in ways that go far beyond the gun control debate. His call for more police and more military style security raises crucial questions about what kind of places schools should be. Specifically, his plans for more armed guards, armed teachers, and armed staffers will erase a decade or so of progress in making schools more welcoming—and Texas’ kids better educated.

Maybe few Texans recall the Zero Tolerance era, which started with the Pre-Columbine U.S. Congress’ Gun Free Schools Act in 1994 that required a one year automatic expulsion for any kid who brought a gun to school. The Clinton Administration encouraged schools receiving federal funding to adopt the tenets of gun free schools, which became the basis of zero tolerance policies in other areas. There were many unexpected consequences, especially punishments for minor infractions that could be looped in with the War on Drugs—along with entering a classroom without permission, or roughhousing on a school bus, kids could be expelled for bringing asthma inhalers and Sudafed to school. It probably wasn’t a coincidence that the Zero Tolerance Era coincided with the Tough on Crime Era of the Bush and Clinton administrations which led to exponential increases in prison sentences for minor offenses, particularly for men of color. The so-called school to prison pipeline was born.

Over the ensuing years, groups like Texas Appleseed worked overtime to issue reports and lobby the legislature to reduce school suspensions (some of which started in kindergarten) and dire punishments for, say, talking back to teachers. Their reports also showed that so-called Juvenile Justice Alternative Education Programs were basically low cost jails for kids and profit centers for private companies that did nothing but put good kids in with bad and offered no educational value to either. Studies also showed that putting more police in schools had a detrimental effect on learning, especially among poor and minority kids who were now the target of police abuse both on the street and in schools. It wasn’t surprising that dropout rates increased.

Over time, it became clear that Zero Tolerance just didn’t work. Newer programs like Restorative Justice, which allow kids to have their say and teach them to take responsibility for their actions, have won the support of liberal and conservative groups largely because they do. Even though they can be more labor intensive, they have been shown in numerous studies to keep kids in school and violence down. “What we have shown in our research and what we know experts have documented across the U.S. is that an increase in law enforcement doesn’t lead to a safer school and often results in real harm, particularly for students of color and students with disabilities,” explained Deborah Fowler, Executive Director of Texas Appleseed.

Abbott’s report, then, has the musty whiff of a darker time, despite protestations that more protections—offering gun training to nearly everyone who isn’t a student—are needed to keep kids safe. This despite an FBI report, among others, that shows no statistical evidence that putting more armed people in schools reduces school violence.

There’s more, so read the rest. It’s hard to know how much support there will be for these proposals, even with both chambers getting a head start on studying them. I just hope there are some voices expressing these concerns while that is happening.

Stockman remains in custody

So sorry.

Best newspaper graphic ever

A federal judge ruled for the second time that former U.S. Congressman Steve Stockman is a flight risk and ordered him to remain in federal custody while he awaits sentencing in an elaborate $1.25 million fraud scheme.

Chief U.S. District Judge Lee H. Rosenthal ordered the former GOP lawmaker detained in April after his conviction, following a four-week jury trial, on 23 criminal counts, including mail and wire fraud, violating federal election law, making excessive campaign contributions and lying on a federal tax return.

Stockman’s attorneys asked last week that their 61-year-old client, who is diabetic, be permitted to be free on restricted bond so that that he can seek “necessary medical attention and treatment prior to sentencing.” His lawyers said in court documents he had not been receiving sufficient medical attention at the Joe Corley Detention Center in Conroe and he hoped to get evaluations and treatment in advance of his sentencing scheduled for August 17.

[…]

In denying the request, the judge said she would instruct the U.S. Marshals Service to work with the staff at the detention facility to ensure that Stockman receives the treatment and medication he needs.

Rosenthal explained in her terse four-page order that Stockman, who used Bitcoin and burner phones and helped an aide avoid FBI detection for years in Egypt, did not meet his burden to convince her he is not a flight risk.

See here for some background. I hate to make light of someone’s misfortune, but I daresay this is an example of someone’s reputation preceding them. Given the potential sentence he was facing, I’d consider him a flight risk, too.

Stockman asks for his verdict to be set aside

Never know till you ask, right?

Best newspaper graphic ever

Attorneys representing former U.S. Rep. Stephen Stockman, R-Texas, who was found guilty in April of funneling what were solicited as charitable contributions into accounts that instead funded political campaigns and personal expenses, have asked the court to set aside the jury’s conviction in the case citing a lack of evidence.

Stockman’s defense team filed the motion asking Chief U.S. District Judge Lee Rosenthal for an acquittal on Monday. A jury convicted Stockman, 60, who was indicted in March 2017, on 23 of 24 counts, acquitting him on one count of wire fraud. Jurors deliberated for a little more than 15 hours over three days before returning their unanimous verdict in the trial that began with jury selection on March 19.

[…]

The former congressman’s attorneys argued in the motion that he’s entitled to an acquittal because the evidence presented at trial “could not be accepted by a reasonable-minded jury as adequate and sufficient to support a guilty verdict beyond a reasonable doubt.” Instead, the evidence showed that the wealthy conservative mega-donors Stockman was accused of defrauding — the now-deceased Stanford Z. Rothschild Jr. and Richard Uihlein — knew what Stockman was intending to use the funds for, according to the motion.

“With respect to fraudulent intent, the evidence must show Mr. Stockman had a conscious, knowing intent to defraud and that he contemplated or intended some harm to the property rights of the victim,” the motion argued. “The government has not established this.”

Sean Buckley, who represents Stockman, had told reporters immediately after the verdict there would be an appeal in the case. He reiterated arguments presented for the jury that the funds came from donors who knew the congressman would be using the money “to finance Mr. Stockman’s political work and his projects.”

See here for the background. The motion was made to the trial judge, Judge Lee Rosenthal, who I presume will rule on it before sentencing, which is scheduled for August 17. I can’t imagine this sort of motion works very often, but I suppose it’s a prelude to the eventual appeal. I’ll keep my eyes open for further developments.