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Sandra Bland

Signings and vetoes

Greg Abbott does his thing.

Gov. Greg Abbott has vetoed 50 bills that were passed during the regular legislative session, his office announced Thursday.

That’s several more than he vetoed following the last session and the most a governor has doled out since 2007.

Abbott offered a number of common explanations for his vetoes, calling the bills unnecessary, too costly or too burdensome. He vetoed at least five bills for the same reason: The House bill’s author asked for a veto because he prefers the Senate companion.

[…]

Another measure he vetoed Thursday was Senate Bill 790, which would have kept in operation an advisory group that makes recommendations to the state on its women’s health services.

Abbott said in his veto statement that SB 790 “does nothing more than extend the expiration date of a governmental committee that has already successfully completed its mission.”

“Rather than prolong government committees beyond their expiration date, the state should focus on programs that address more clearly identifiable needs, like my call for action to address the maternal mortality rate during the special session,” Abbott said.

Janet Realini, vice chair of the women’s health advisory committee, said wrapping up the group was premature.

“There’s 1.8 million women who need publicly subsidized services, family planning in particular, and right now we’re serving less than a quarter of those, so I think we have a long way to go,” she said.

You can see a full list of the vetoed bills at the story. A couple of bills relating to topics that will be on the special session agenda were among the casualties. SB790 was probably the bill whose rejection drew the strongest reaction; Sen. Borris Miles and Rep. Donna Howard vented their frustration, with Howard noting that “at no point during the past six months had the governor’s office expressed any concerns to me over the legislation”. We knew going in that Greg Abbott was a weak leader. Everything that isn’t on the veto list will be enacted (a few will become law without Abbott’s autograph), including the Sandra Bland Act and the driverless car bill. Click over and see if anything you liked got the ax.

Sandra Bland Act passes

Good.

Sandra Bland

The Texas House initially approved the Sandra Bland Act on Friday with a unanimous vote. The body now has to vote on the mental health bill one more time before it reaches Gov. Greg Abbott’s desk. (Update, May 20: The House voted 137-0 to give the bill final approval)

Senate Bill 1849 would mandate that county jails divert people with mental health and substance abuse issues toward treatment, make it easier for defendants with a mental illness or intellectual disability to receive a personal bond and require that independent law enforcement agencies investigate jail deaths.

[…]

Senate Criminal Justice Committee Chairman John Whitmire struck several provisions from the original bill amid criticism from police groups that it would hamper law enforcement’s work, including adding extra steps to legally secure a consent search. Bland’s family expressed disappointment in the Senate version of the bill, calling it a missed opportunity because it removed language relevant to Bland’s stop.

The bill’s sponsor, Rep. Garnet Coleman of Houston, and other lawmakers have said they understand the disappointment, but there will be other opportunities to address in legislation interactions with police.

See here for the background. Sandra Bland’s family was not happy with the Senate changes to the bill, but it’s almost always better to pass something that can be built on later rather than pass nothing and hope to try again from scratch. It may take several sessions before anything else gets done, and nothing will happen without a big push, but this was progress and I’m glad it succeeded. A statement from Rep. Coleman is beneath the fold.

(more…)

Sandra Bland bill clears the Senate

Good news.

Sandra Bland

The Texas Senate on Thursday unanimously approved a bill aimed at protecting people with mental illnesses who are arrested and may harm themselves in jail.

The legislation — Senate Bill 1849 — was filed after a high-profile incident in 2015 in which Sandra Bland, a 28-year-old Illinois woman, was found dead in the Waller County jail days after being arrested during a routing traffic stop.

The so-called “Sandra Bland Act” evolved as it moved through the legislative process amid criticism from law enforcement officials. The version the Senate unanimously approved on Thursday — authored by state Sen. John Whitmire — would mandate that county jails divert people with mental health and substance abuse issues toward treatment, make it easier for defendants with a mental illness or intellectual disability to receive a personal bond and require that independent law enforcement agencies investigate jail deaths. (The agency would be any appointed by the Texas Commission on Jail Standards and cannot be the agency that operates the county jail.)

The legislation now heads to the House, where state Rep. Garnet Coleman filed a similar bill that was left pending in committee. The Houston Democrat first introduced the legislation and named it in honor of Bland.

[…]

Under the legislation, jails also would be required to ensure prisoners continue to have access to health care while in custody and report serious incidents – including attempted and completed suicides, deaths and assaults. And, if the money is available, counties would have to install electronic sensors or cameras to better monitor inmates. Law enforcement officers also would be required to learn de-escalation techniques that may reduce the use of force.

Whitmire struck some provisions in the original version of the bill amid criticism that it would hamper law enforcement’s work, including requiring police officers to learn how to identify implicit bias. It also would have required counseling and training for officers who racially profiled drivers and prohibited what are called “pretext stops” — traffic stops for one offense that are used to investigate another.

None of those provisions were in the bill the Senate approved Thursday. A day earlier, Whitmire said that police groups opposed earlier provisions regarding consent searches and implicit bias and that the only way the legislation had a chance of passing was if it was written as a mental health bill. Two police organizations told the Tribune that language about racial profiling and bias came from a place of distrust of law enforcement.

The House Homeland Security and Public Safety Committee took public input on Coleman’s bill last month but never voted on it amid a lack of support.

See here for some background. The Observer spoke to Rep. Coleman about the Senate version of this bill.

“I would’ve preferred a more robust bill, but I’m happy — I’m elated — that there is a bill,” said Representative Garnet Coleman, a Houston Democrat who penned the initial version. “This is not an environment that most people believe would’ve allowed for the passage of a bill carrying the name of the victim of a state trooper.”

[…]

The bill that cleared the chamber Thursday no longer bans controversial pretext or “investigative” stops, which Coleman has likened the vehicular equivalent of “stop and frisk.” It also would require law enforcement to collect and review data regarding these stops to check for racial or ethnic disparities. These were the most disappointing sacrifices, Coleman said.

Lawmakers also removed provisions preventing people from being incarcerated for Class C misdemeanors and ensuring that offenders without prior violent convictions be released on personal bonds, which require no up-front cash. These provisions, Coleman pointed out, have found homes in other bills that that are “still alive and moving,” such as Whitmire’s SB 1338, a bond-reform bill that cleared the Senate earlier this month.

The bill requires county jail operators to undergo more mental health training, as well as better monitoring the health of inmates. To that effect, it mandates that jails install cameras and electronic sensors in cells when funding is available. Those measures could’ve changed the circumstances of Bland’s death. (Coleman said he is working with the budget conference committee to secure funds for cameras and sensors — totaling $1 million.)

Coleman is looking to carry the measure across the finish line in the House and doesn’t expect much will be changed, he told the Observer Thursday.  It’s not likely to clear his chamber with unanimous support — “that doesn’t happen over here,” he said. Coleman said he’s working to gather support from members and House leadership, whom he said seems receptive.

“The issue has transcended politics, brought together people who used to be diametrically opposed,” Coleman said. “With this one, we really have to do something now.

Yes, we do. Good work all around, let’d get this finished. The Chron has more.

The Sandra Bland Act

Good.

Sandra Bland

State Rep. Garnet Coleman, D-Houston, on Thursday filed House Bill 2702, dubbed the Sandra Bland Act.

The exhaustive piece of legislation would expand what qualifies as racial and ethnic profiling; mandate people experiencing a mental health crisis and substance abuse be diverted to treatment over jail; and create more training and reporting requirements for county jails and law enforcement.

The legislation is named in honor of Sandra Bland, a black, 28-year-old Illinois woman who was found dead in an apparent suicide in the Waller County Jail in 2015.

Bland was pulled over in Prairie View on July 10, 2015, by then-Texas Department of Public Safety trooper Brian Encinia after she failed to signal a lane change. When Bland’s conversation with Encinia became heated, he arrested her on a charge of assaulting a public servant. She was found dead in her cell three days later.

Bland shouldn’t have been arrested, Coleman said during a news conference to announce the bill’s filing.

“It led to a death that didn’t have to occur,” said Coleman, who chairs the House County Affairs Committee.

The Sandra Bland Act would make several changes to how Texas law enforcement officials and jailers interact with those they stop or detain.

There’s more on the bill in the story, so go check it out. You know how I feel about this. Rep. Coleman has been working on this, which implements the reforms that were agreed to in the settlement of the lawsuit filed by bland’s family, for some time now. If anyone is going to get the details right, it’s Rep. Coleman. Let’s hope this gets a good reception. Grits has more.

Races I’ll be watching today, non-Legislative edition

vote-button

This is my companion to yesterday’s piece.

1. SBOE district 5

I’ve discussed the SBOE races before. This particular race, between incumbent Ken Mercer and repeat challenger Rebecca Bell-Metereau, is the one that has the closest spread based on past performance, and thus is the most likely to flip. If it does flip, it would not only have a significant effect on the SBOE, which would go from 10-5 Republican to 9-6, with one of the more noxious members getting ousted, it would also cause a bit of a tremor in that this was not really on anyone’s radar going into 2016. Redistricting is supposed to be destiny, based on long-established voting patterns. If those patterns don’t hold any more, that’s a big effing deal.

2. Appeals courts

I’ve also talked about this. The five courts of interest are the First, Fourth, Fifth, 13th, and 14th Courts of Appeals, and there are multiple benches available to win. I honestly have no idea if having more Democrats on these benches will have a similar effect as having more Democrats on the various federal appellate benches, especially given that the Supreme Court and CCA will most likely remain more or less as they are – I would love to hear from the lawyers out there about this – but I do know that having more Dems on these benches means having more experienced and credible candidates available to run for the Supreme Court and CCA, and also having more such candidates available for elevation to federal benches. Building up the political bench is a big deal.

3. Edwards County Sheriff’s race

Jon Harris is an experienced Democratic lawman running for Sheriff against a wacko extremist in a very Republican county, though one with a small number of voters. This one is about sanity more than anything else.

4. Waller County Sheriff’s race

I’ll be honest, I didn’t have this one on my radar until I read this Trib story about the race, in which the recent death of Sandra Bland is a factor. Waller County went 53-46 for McCain over Obama in 2008, though the Sheriff’s race that featured a problematic Republican was a lot closer. It was 58-41 for Romney, which is close to what it was statewide. Democratic challenger Cedric Watson will have to outperfom the countywide base to defeat incumbent Glenn Smith, it’s mostly a matter of by how much he’ll have to outperform.

5. Harris County Department of Education, Precinct 2

There aren’t any at large HCDE Trustee positions up for election this year, so I haven’t paid much attention to them. This race is interesting for two reasons. One, the Democratic candidate is Sherrie Matula, who is exceptionally qualified and who ran a couple of honorable races for HD129 in 2008 and 2010. And two, this is Jack Morman’s Commissioner’s Court precinct. A win by Matula might serve as a catalyst for a strong candidate (*cough* *cough* Adrian Garcia *cough* *cough*) to run against Morman in 2018.

6. HISD District VII special election

You know this one. It’s Democrat Anne Sung versus two credible Republicans and one non-entity who hasn’t bothered to do anything other than have a few signs put up around town. One key to this race is that it’s the only one that will go to a runoff if no one reaches 50% plus one. Needless to say, the conditions for a December runoff would be very different than the conditions are today.

7. HISD recapture and Heights dry referenda

I don’t think any explanation is needed for these.

What non-legislative races are on your watch list for today?

More on the Sandra Bland settlement

State Rep. Garnet Coleman is working to implement the reforms mandated by the Sandra Bland lawsuit settlement.

Sandra Bland

House Democrats sparred with state law enforcement officials over questions of racial profiling Tuesday at a sometimes contentious hearing. It was the latest in a series of House County Affairs Committee hearings on policing in advance of the 2017 legislative session. Committee chair Garnet Coleman, a Houston Democrat and veteran lawmaker, has announced he plans to file the Sandra Bland Act, named for the Prairie View A&M University alum who died in the Waller County Jail after a traffic stop in 2015.

“There are solutions to the criminal justice issues that have come up because of Sandra Bland,” Coleman told the Observer, “and they should be on the front burner of the Legislature this coming session.”

Lawmakers heard testimony from the co-author of a 2015 University of North Carolina study on traffic stops that found that black drivers in Texas are 59 percent more likely than white drivers to be searched during Texas Department of Public Safety traffic stops. When state Representative Jonathan Stickland, R-Bedford, asked if researcher Frank Baumgartner was accusing DPS of racial profiling, Baumgartner responded cautiously.

“There is a robust disparity between the likelihood that a white driver and a black driver will be searched even when you control for variables other than race,” he said.

Lawmakers themselves were also reluctant to use the term “racial profiling” during the hearing, due in part to a Texas statute that offers a narrow legal definition of the term.

“The statute needs to be changed,” said Coleman, “because there are disparities that we can’t currently call ‘racial profiling’ that maybe we should be able to.”

DPS director Steve McCraw denied that his agency engages in profiling of any kind, and attributed the racial disparities in Baumgartner’s report to security concerns at the border. The allocation of so many officers to the border to combat “transnational gangs and cartels,” McCraw said, led the statistics to show excessive stops and searches of “minorities.”

Coleman countered that McCraw’s point was irrelevant to Baumgartner’s report, which had focused on the disparity of outcomes between black and white drivers. “Now come on, man,” he chided McCraw, “I know you went to school. I know you understand statistics.”

[…]

[Last] Thursday, the Bland family’s lawyer announced that the family had settled a civil suit against Waller County for $1.9 million. The settlement also mandates a number of procedural reforms — an agreement Reed-Veal called “a victory for moms across the country.” The settlement, which hasn’t been finalized, would require that the Waller County Jail keep a medical professional on staff at all times and use electronic sensors to monitor jailers’ check-ins.

The Sandra Bland Act, Coleman told the Observer, will expand the settlement’s reforms statewide and mandate additional changes, banning pretextual traffic stops (stops for minor infractions in order to investigate unrelated criminal activity), mandating access to health professionals in all jails, incentivizing the use of de-escalation tactics, and expanding access to personal recognizance bonds.

Coleman explained he also has a personal stake in the bill. “I got stopped 11 times in the first year I had my driver’s license,” he told the Observer. “So I understand the issues the bill addresses from being in the affected community.”

See here for the background. McCraw is a longtime partisan hack who should not be trusted, but does need to be overcome. The good news here is that Waller County has approved the settlement. The bad news is that DPS appears to be playing dumb about the whole thing.

A lawyer for the Bland family and DPS officials on Tuesday appeared to be at odds as to whether the settlement in that lawsuit — brought against Waller County, some county employees and former DPS trooper Brian Encinia — includes an agreement to institute additional statewide de-escalation training for all incoming troopers and those already on the roster.

Testifying before the Texas House Committee in County Affairs, Tom Rhodes, the Bland family’s Texas-based attorney, told lawmakers that the settlement includes a $1.9 million payout, including $100,000 from DPS. While the department was not a party in the lawsuit, it agreed to pay that amount to indemnify Encinia, who arrested Bland in a July 10, 2015 traffic stop that quickly escalated to an arrest. As part of the settlement, DPS also agreed to set up the training, Rhodes said.

But earlier in the day, DPS director Steve McCraw indicated the department already requires 76 hours of de-escalation training that’s embedded in its school for recruits.

“I was told just the opposite which is one of the reasons we required that as part of the settlement,” Rhodes told lawmakers.

Asked for clarification about McCraw’s comment, a DPS spokesman said DPS “has not settled litigation regarding Sandra Bland” and is not party to any agreements between her family and the Waller County defendants.

“The department is looking at a number of options regarding the issues discussed today,” DPS spokesman Tom Vinger said, pointing out that the department earlier this year began requiring troopers to complete an eight-hour de-escalation course.

Citing confidentiality restrictions, Rhodes said he couldn’t provide many details about the settlement discussions but he indicated he had reached a deal on the de-escalation training with DPS’ general counsel.

“All I can say is today was the first time I heard they had that training, and it seems like to me when we insisted on that as part of the settlement if they had it they would’ve said it,” Rhodes said in an interview after the hearing. “If it’s already there I’m glad it’s there. Obviously it’s not that effective — whatever they’re doing — because it certainly didn’t help in Sandy’s case, but that’s not the agreement we reached.”

Like I said, McCraw cannot be trusted. Someone at DPS with more integrity than him needs to get this worked out one and for all with the Bland family.

Family of Sandra Bland settles its lawsuit

I hope this brings them some peace, but more importantly I hope it leads to fewer inmate deaths, in Waller County and elsewhere.

Sandra Bland

The family of Sandra Bland — who died last year in a Waller County Jail cell — has reached a settlement with Texas officials in a wrongful death lawsuit, a lawyer for the family said Thursday.

Waller County and the Texas Department of Public Safety will pay the family a total of $1.9 million and the county has agreed to policy changes, according to attorney Cannon Lambert. The terms were finalized Wednesday, Lambert said.

[…]

Terms of the settlement:

  • Waller County will pay the family $1.8 million. The Texas Department of Public Safety will pay the family $100,000.
  • “To prevent future document falsifications, Waller County jail will use automated electronic sensors to ensure accurate and timely cell checks.”
  • “From here forward, Waller County jail will now provide an on-duty nurse or EMT for all shifts.”
  • “The Waller County Judge pledges to actively seek passage of state legislation providing for more funding for jail intake, booking, screening training and other jail support like telemedicine access for Texas county jails AND HE SUPPORTS HAVING ANY RESULTING LEGISLATION NAMED IN SANDRA BLAND’S HONOR!”
  • “The Waller County Sheriff’s Office shall provide additional jailer training (including ongoing continuing education) on booking and intake screening.”

“The case is settled in its entirety,” Lambert said, but “this is the beginning, not the end.”

Lambert said Bland’s mother is pleased with the settlement “particularly because of the non-economic components.”

See here for all prior bogging on this. I too hope this is a beginning and not an end. “No more inmate deaths” is a goal we should have as a society, and while we’ll never get there, we should do all we can to get as close as we can. Grits for Breakfast, which goes into detail on the terms of the settlement, ThinkProgress, the Current, and the Press have more.

Sandra Bland, one year later

The timing of this is tragically appropriate.

Sandra Bland

With confident, and sometimes vulnerable, lyrics, a group of poets and singers Sunday afternoon commemorated the life of [Sandra] Bland, who had been found dead in her Waller County Jail cell three days after her arrest. Authorities ruled the 28-year-old’s death a suicide. More than 75 people assembled over two hours to honor the young woman whose name in the year since had become familiar in households across Texas and the nation, repeated by those in the Black Lives Matter movement as another example of an individual they believed needlessly died following an encounter with law enforcement.

Bland’s name was joined last week by two more, Alton Sterling, who was shot to death by police last Tuesday in Baton Rouge, and Philando Castile, who was shot by an officer during a traffic stop in Minnesota on Wednesday.

Then, too, a lone sniper attacked in Dallas, fatally shooting five police officers, and injuring seven others.

Speakers remembering Bland sought to digest all of that.

Hannah Bonner, a United Methodist clergy member who helped lead the event, asked everyone to turn and face the nearby brick gates of Prairie View A&M, representations of safety, education and progress, she said.

They were also the gates Bland – who had recently returned to the city and her alma mater to take a job – had driven through when a state trooper “came up fast behind her,” Bonner said.

“And she got over to get out of his way,” Bonner continued. “And he ended up pulling her over right here in this spot. She asserted her rights and he did not respect them, and this week we are seeing through the death of Alton Sterling, through the death of Philando, through the death of these officers in Dallas, and the citizens … we are seeing that the lack of police accountability in this nation is a danger to black lives, but it’s also becoming a danger to other officers. Because when officers are not held accountable for their actions it puts everybody – including other officers – at risk.”

[…]

The Bland case sparked calls for bail reform and brought issues of jail suicide and indigent defense into the headlines.

Waller County Sheriff Glenn Smith, who is sitting for re-election in November, issued a citizen’s review of his office, as well.

Released in April, the report recommended a new jail, body cameras for officers, medical and mental health screening for all inmates, stress management training for deputies and a ban on demeaning language directed at inmates.

See here for more on the review report, and here for prior blogging on Sandra Bland. To the extent that reforms have been carried out in Waller County, it’s all to the good, but we need more of that everywhere in the state. No one should be in jail simply because they cannot afford to post bond, and no one should be hauled off to jail for being mouthy at a traffic stop. We know what we can do to make things better. We just have to do them. The Lege has a chance to do that in 2017. I can’t say I have much faith, but they’ll be the only game in town. Be prepared to let your legislators know what you want them to do to achieve justice for all.

Bland committee makes its recommendations for Waller County jail

Good to see.

Sandra Bland

Waller County needs a new jail, local officers need body cameras to record their activities and the sheriff’s office needs to promote civility, a study committee formed after the death of Sandra Bland said Tuesday.

The county came under national scrutiny in July when Bland was found hanged in her jail cell three days after being arrested by Department of Public Safety trooper Brian Encinia, who says she assaulted him during a contentious traffic stop. Her death was ruled a suicide, but her arrest and subsequent jailing triggered accusations of racism. Bland’s family has filed a civil lawsuit in federal court against the county, several of its employees and the now-fired Encinia.

Encinia is facing a perjury charge in Waller County, after a grand jury indicted him for lying about why Bland exited her car. The former trooper is also fighting to get his job back.

At Waller County Sheriff R. Glenn Smith’s request, local attorney Paul C. Looney formed the study committee at the end of July to review the operations of his office and the county jail. Civil rights attorneys Craig Washington and Randall Kallinen, former Texas Court of Criminal Appeals Judge Morris L. Overstreet, and criminal defense attorneys Juan L. Guerra and JoAnne Musick served on the committee and had unrestricted access, some of the members said Tuesday. Looney served as a nonvoting member.

[…]

Washington said the recommendations are specific and will make a difference.

“We think they will go a long way to providing better relations between all the citizens of Waller County,” said Washington, who presided over the committee. “Not even dividing them down into police and public but just to all of God’s children, to ensure that this community is a shining beacon of light for perhaps other community toward a more just society.”

Smith said building or rebuilding a positive relationship with the community requires law enforcement to be aggressive and to show that officers are there to protect everyone.

“We’ve got to be on offense,” he said. “Step up and convince the public that we’re open minded … we’re gonna make changes … we’re gonna reach out to regain your trust.”

Smith said from what he’s read, he supports most of the recommendations, but some items won’t just happen in a few months. In the case of the new jail, for instance, land has been picked out but funding has not been approved, he said.

Nevertheless, Smith said, the recommendations will be taken seriously.

“It won’t be dust settling over the report,” the sheriff said.

You can see the recommendations at the story link, and a copy of the report at Grits for Breakfast. I think they’re all doable, and I hope they have a positive effect. There are other issues that should be addressed as well, like de-escalation training for officers and saner bail/bond policies, but those things are outside the scope of what this committee was asked to do. Someone should still be thinking about them, and not just in Waller County. Nonetheless, this is a good start, and I wish Sheriff Smith and his staff in implementing the changes.

Former Trooper Encinia pleads not guilty in Sandra Bland perjury case

As expected.

Sandra Bland

A former Texas trooper pleaded not guilty to charges he lied about his actions last July while arresting Sandra Bland, whose death in Waller County’s jail three days later sparked a national outcry from civil rights activists.

Dressed in a gray suit and tie and flanked by his attorneys, former Department of Public Safety Trooper Brian T. Encinia said little Tuesday afternoon during a minutes-long arraignment hearing before State District Judge Albert M. McCaig Jr.

[…]

In an arrest affidavit, Encinia said he had ordered Bland out of the car to safely continue the investigation.

A Waller County grand jury indicted Encinia in January of misdemeanor perjury based on that statement, according to a special prosecutor in the case. If convicted, Encinia could spend up to a year in jail and have to pay a $4,000 fine.

Earlier this month, DPS Director Steve McCraw formally fired Encinia, saying he violated the department’s courtesy policy and procedures. Encinia is appealing the termination to the Texas Public Safety Commission. Separately, the trooper is named in a wide-ranging civil lawsuit filed by Bland’s family that alleges negligence and wrongful death. Attorneys representing Encinia in that case have asked – unsuccessfully – that it be delayed while his criminal trial plays out. The civil trial is set to begin next January.

Bland’s mother, Geneva Reed-Veal, and older sister, Shante Needham, both appeared at the arraignment, along with their lawyer, Cannon Lambert.

“To come all this way, I needed to do it,” said Bland’s mother after the hearing, as she embraced those who’d gathered in support of her and her family.

“I’m hopeful things go in the direction that [Encinia] eventually gets detained and he can remain there for the maximum amount of time that perjury carries,” Needham said. “At the end of the day, my sister, my mother’s daughter, is no longer here anymore. He needs to be held accountable for his actions.”

See here and here for the background. The Trib quotes Encinia’s defense attorney blaming his indictment on a “runaway” grand jury. I dunno, I thought that video of the traffic stop made it quite clear that at the very least, Encinia was unprofessional and antagonistic. We can argue if his behavior qualifies as perjury, but let’s see what happens in the courtroom first. And let’s not overlook the fact, as Grits notes, a law enforcement officer being called to account at all like this is quite unusual. A conviction, if it comes to that, would be even more so. The Press has more.

Another way to achieve bail reform

From the Quorum Report:

Sen. John Whitmire

Sen. John Whitmire

The unnecessary death of Sandra Bland in the Waller County Jail last summer has now put the reform of bail bonds in focus as a key criminal justice issue ahead of the next legislative session.
Last month, a Waller County grand jury declined to indict those involved in [Sandra] Bland’s arrest and incarceration, either at the jail or in her widely publicized traffic stop near the Prairie View A&M University campus in July.

The Department of Public Safety trooper who arrested Bland subsequently was fired after being indicted for perjury in connection with the traffic stop.

Many put blame for Bland’s death on her inability to quickly find the $500 for her bond, extending her stay in the county jail into the following week, when she took her life. What Sen. John Whitmire, D-Houston, sees is a woman charged with a traffic stop who should have been in and out of the county jail within 18 hours of being booked.

“She was offered a bond. She needed $500 to get out,” Whitmire told an audience at a Texas Public Policy Foundation conference last week. “When she saw the magistrate, she was not able to come up with the $500. They could verify she had a new job at Prairie View A&M. They could verify she had a local address. It would have served them well to offer her a PR bond and let her go on with her life, and then all of our lives would have been different.”

A “PR” bond is a personal recognizance bond, one that bypasses bail and relies on a defendant’s signature as a promise to return to face charges on a court date. It is usually offered to low-level non-violent offenders who do not pose a flight risk.

In the case of Harris County, 60 percent of those in jail fall into that category, yet magistrates offer a fraction of defendants PR bonds as an option, Whitmire said. Such a decision can often be heartless for people who are living from paycheck to paycheck. The cost of bail ends up outweighing the price of the crime.

“Some people couldn’t raise $1,000 to save their lives,” Whitmire said of bail bonds. “We need to get them in and get them out and save the resources for the really bad people. I think that really should be our priority.”

More than half the people sitting in the Harris County Jail today are awaiting a trial, rather than completing a sentence, Whitmire said. The system would be better served if they were released in order to get back to work to pay court fines.

We are well familiar with the problem. Obstacles to making this happen are the bail bond industry, and judges in places like Harris County that refuse to use Pretrial Services and set rational bonds. If the first obstacle can be overcome in the Legislature, the second one will be reduced in scope, which ought to make a big difference. If Sen. Whitmire says this will be a priority for him, you can be sure there will be some action on it. Grits has more.

Trooper Encinia turns himself in

As expected.

Sandra Bland

Six months after arresting Sandra Bland during a now-infamous traffic stop, state trooper Brian Encinia on Thursday returned to the Waller County jail where Bland died – this time to surrender to authorities on perjury charges.

Encinia, 30, surrendered to Texas Rangers after a Waller County judge signed his arrest warrant, Sheriff R. Glenn Smith said. The Rangers took the trooper to the jail, where he arrived in a gray pickup at 3:26 p.m.

Encinia was fingerprinted, photographed and released on a $2,500 bond.

[…]

Darrell Jordan, one of five special prosecutors, said the grand jury’s indictment stemmed from Encinia’s statement, in an affidavit he filed in Bland’s arrest, that he pulled her out of her Hyundai Azera to “further conduct a safe traffic investigation.”

“They just didn’t believe it,” Jordan said, referring to the grand jurors.

Bland’s family and activists who have followed the case said the perjury charge was insufficient. Geneva Reed-Veal, Bland’s mother, compared the indictment to a “slap on the wrist.”

Cannon Lambert, who is representing the family in a civil lawsuit, questioned why the grand jury had not agreed on harsher charges, such as battery or false arrest. Encinia’s lawyer, Larkin Eakin, said Thursday the trooper planned to plead not guilty. The grand jury, Eakin said, misinterpreted Encinia’s statement.

“He is obviously upset but feels very much that he’s not guilty, that that particular phrase he used (in his affidavit) was proper,” he said.

See here for the background. He will be pleading not guilty, while also appealing his termination from DPS. I don’t want to make too big a deal about it because the respectful way that Trooper Encinia was treated during his arrest and arraignment should be the default and not the exception, but the contrast between how he was treated and how Sandra Bland was treated couldn’t be more stark. As for the matter of whether the charge against Encinia represents some kind of justice or not, I’ll simply note that such a question is predicate on whether or not he gets convicted. As commenter Steve Houston notes, there is considerable doubt about that. Texas Monthly has more.

Grand jury indicts trooper in Sandra Bland case

Wow.

Sandra Bland

Waller County grand jurors indicted Department of Public Safety trooper Brian Encinia on a single charge of perjury Wednesday because they did not believe he was telling the truth about his actions during the arrest of Sandra Bland, special prosecutor Darrell Jordan confirmed.

The charge against Encinia stems from the trooper’s statement at the time of her arrest on July 10 about why he felt he needed to pull her out of her own vehicle, Jordan told The Texas Tribune.

“The statement in the probable cause statement is that Officer Encinia pulled her out of her car to further the traffic stop investigation,” Jordan said.

As a result of the indictment – the only one issued by the grand jury in the Bland case – a warrant will be issued for Encinia’s arrest. It was not immediately known whether Encinia will turn himself into authorities. If convicted of the charge, Encinia could face up to a year in the Waller County Jail and a $4,000 fine.

“This grand jury is done,” Jordan said. “We just came to do our job to present the evidence and they came back with an indictment and we’ll go forward to seek justice on behalf of Waller County.”

The grand jury had previously declined to indict anyone, including county jail employees, in the death of Sandra Bland, then reconvened on Wednesday to continue considering charges. I have no idea what the evidence looks like right now, but it’s not too hard to imagine the possibility of the trooper fudging his facts. We will have to wait to see what the prosecution’s case looks like, and to see how Officer Encinia responds. The Chron, the Press, which has a copy of Officer Encinia’s sworn statement, Newsdesk, ThinkProgress, and Daily Kos have more.

UPDATE: More from Grits for Breakfast.

DPS seeks dismissal of Sandra Bland lawsuit

The expected response by the defendants.

Sandra Bland

The Texas Department of Public Safety and Trooper Brian Encinia filed motions Tuesday to dismiss a wrongful death lawsuit in the death of Sandra Bland, five days after Waller County filed court papers rebutting claims that it was responsible for her death in the county jail.

DPS claimed immunity under the 11th amendment of the U.S. Constitution, which limits the ability of the federal court system to hear lawsuits against states, according to court filings.

Encinia, the DPS trooper who pulled Bland over for not signaling a lane change and then arrested her after an altercation, also claimed immunity under different rules protecting the government from lawsuits. Encinia, who is still on administrative duty, also asserted that the plaintiff, Bland’s mother, needs to point out which specific constitutional rights he violated during Bland’s traffic stop.

[…]

In a Sept. 4 response, the county denied that they had “any actual knowledge of” or were “deliberately indifferent to any alleged serious risk of harm to Sandra Bland.”

The county also states that Bland’s suicide assessments did not indicate she faced a substantial or serious risk of suicide. Instead “Sandra Bland simply stated she had attempted to commit suicide by taking pills on one occasion in 2014, after losing a baby, and she confirmed that she was not suicidal.”

In response to questions about the claim, Larry Simmons, the attorney representing the Waller County defendants, said Wednesday that the “pleadings are going to speak for themselves.”

The county’s response also states Bland was treated with “courtesy and respect” and “was provided benefits and accommodations beyond what the law and County policies required.”

The county’s motion also supports severing the state defendants – DPS and Encinia – from the county defendants and trying both cases separately.

See here for the background. A copy of the DPS motion is at the Chron link above. I don’t know anything about the relevant case law, but a blanket immunity claim strikes me as too broad. I’m not sure why a lawsuit like this would not be allowed to proceed, but we’ll see what the courts have to say.

Will Sandra Bland’s death help lead to bail reform?

That would be a fitting and just outcome if it does.

Sandra Bland

Harris County and the state should reform an unfair bond system that punishes the poor more harshly, according to civil rights leaders, legislative officials and criminal experts who gathered Wednesday in front of the county’s criminal justice center. Reform, they argued, could prevent another tragedy like that involving Sandra Bland, who was found dead in her Waller County jail cell in July after failing to make bail.

“The death of Sandra Bland was a travesty of justice,” said Johnny Mata of the Greater Houston Coalition for Justice. “Sandra Bland would probably be alive today if Texas would’ve had a system that is fair.”

[…]

Advocates familiar with the bail process and statutes like the Fair Defense Act said it never should have come to that.

“There’s still an investigation being done,” Mata said of Bland’s death, which an autopsy shows was a suicide by hanging. “We respect that. However, we feel that an injustice has been committed.”

His coalition reflects more than 25 organizations across the area. He was joined Wednesday by experts like law professor Sandra Guerra Thomspon, director of the University of Houston Law Center’s Criminal Justice Institute, who said the need for bail reform is a national concern but is especially needed in Houston.

By following pre-determined bail schedules, magistrates ignore their responsibility to take individual factors into consideration to ensure that the bond does not merely become a punishment for being poor, she and others argued. Instead it’s meant to reflect an individual’s flight risk and potential public safety concerns. Had a more nuanced risk assessment instrument been used in Bland’s case, she argued, “the question would not be, ‘Does she have $500?’ but, ‘Is she a risk to come to court?'”

[…]

In Texas, defendants are supposed to have the added protection of the Fair Defense Act passed in 2001. The act, authored by [Sen. Rodney] Ellis, addresses issues like indigent defense and the timely appointment of counsel. But it also contains language about when a defendant should be granted representation. According to some, that right extends to the bond hearing itself, though this is rarely ever the case. Hargrave said in her more than 20 years of working in Waller County, an individual never had a defense lawyer present during the bond hearing.

Advocates also question what they see as the low rate of personal bonds granted to individuals. If an individual is granted a personal bond, he or she is released on the promise to appear in court. Only 7 percent of bonds issued in Harris County are personal bonds, according to Randall Kallinen, a lawyer and the former head of the Houston chapter of the American Civil Liberties Union.

With so few personal bonds issued, said Kallinen, “the person who has the money gets out.” In other words, “the Harris County jail is housing poor people,” he said.

I’ve written about this topic a number of times, usually in the context of jail overcrowding, but Sandra Bland’s death is a tragic reminder of another aspect of people not being able to post bail: A significant number of people die in jail every year. Grits puts a number to it: “183 have died in Sheriffs’ custody since January 2014, including 80 so far in 2015, a statistic which includes Sandra Bland and appears on pace to exceed last year’s number.” There are many different reasons why these deaths happen, and unfortunately the data we have doesn’t go into much detail about them, but the point is that some number of those people shouldn’t have been in jail at all, and wouldn’t have been there if they could have posted bail. This is not acceptable.

On a related note, the Texas Senate has convened a committee to study jail safety standards, which was another issue in Sandra Bland’s death. This is commendable, and I hope it produces some action items for the next Legislature, but 1) any such legislation is two years away from being enacted; 2) there’s no guarantee anything ever gets passed, and; 3) fixing how bail is set is something that can be done right now. Kudos to the Senate for addressing this, but let’s not lose sight of what’s right in front of us. More from Grits here.

Sandra Bland’s mother sues DPS and Waller County

Can’t say this is a surprise.

Sandra Bland

The mother of Sandra Bland filed a federal lawsuit Tuesday against the Texas Department of Public Safety trooper and several others she deems responsible for the death of her 28-year-old daughter at the Waller County Jail in mid-July.

Geneva Reed-Veal is seeking a jury trial and unspecified monetary damages in her wrongful death suit against DPS trooper Brian Encinia; Waller County jail screening officers Elsa Magnus and Oscar Prudente; Waller County; and the DPS.

“What happened to Sandy Bland?” Reed-Veal told members of the press, asking the question she hopes the lawsuit can answer and echoing a hashtag that has gained traction on social media: #WhatHappenedtoSandraBland.

Reed-Veal rubbed the back of her daughter Sharon Cooper as she explained that although the family still hasn’t seen enough evidence to convince them that Bland’s death was a suicide, they are prepared to accept whatever the truth turns out to be. Cooper emphasized that whatever the cause, Bland should not have died in jail.

“What remains constant is that she should not have been there in the first place,” Cooper said.

[…]

According to the 46-page lawsuit, Encinia “demonstrated a deliberate indifference to and conscious disregard for the constitutional rights and safety of Sandra Bland.” It noted that Encinia previously was reprimanded for “unprofessional conduct” and faulted Texas DPS for improper training, saying the agency should have known he “exhibited a pattern of escalating encounters with the public.”

In addition, the lawsuit accuses Magnus and Prudente, screening officers at the Waller County Jail, for inadequately monitoring Bland and failing to provide proper medical care when she was found injured in her cell.

Waller County deserves blame, according to the lawsuit, for not providing sufficient training to jail staff for handling inmates “who are mentally disabled and/or potentially suicidal.” The suit also said the jail failed to have a procedure for jailers to make face-to-face observations of all inmates at least once every hour.

You can see a copy of the lawsuit at the link above. As you know, I agree completely with Ms. Cooper about Sandra Bland not belonging in jail. We can’t undo what happened to Sandra Bland, but we can sure do everything we can to find out how and why it happened, and to make sure it never happens again. The Trib and the Current have more.

Three panels investigating Sandra Bland’s death

One was appointed by the Sheriff:

Sandra Bland

In the wake of the controversial arrest of Sandra Bland and her jailhouse suicide, Waller County Sheriff R. Glenn Smith has asked for an independent panel of civilians to evaluate all aspects of the way he runs his department, from the cell blocks to the streets, and make public recommendations for change.

“He wants to use this tragedy as a growth opportunity,” said long-time defense attorney Paul Looney, who has been asked by the sheriff to form the five-member committee.

[…]

“We have been given carte blanche. We have been told we’ll have access to any piece of paper we want. We can visit with any prisoner or person without notice,” Looney said. “We can go on ride-alongs,” he said of riding in patrol cars with deputies to observe them first-hand.

Looney said the committee will be a diverse group of leaders and that none will be in law enforcement. He also said they won’t pull any punches in making recommendations, which will be shared with the public.

“In a time period of great tragedy, there is also a great opportunity for growth, and he doesn’t want to miss that opportunity,” Looney said of the sheriff. “I don’t intend to be kind, the people I include on the committee will not be kind. We intend to be constructive.”

One was appointed by the District Attorney:

Waller County District Attorney Elton Mathis formed a second independent committee Monday to review the arrest and death of Sandra Bland and also released a toxicology report that one expert said suggests the 28-year-old woman used marijuana shortly before jailers found her hanging in her Waller County Jail cell.

Mathis said he was bringing in defense attorneys Lewis M. White and Darrell W. Jordan, both of whom are African-American, to lead a panel that will oversee the work of his office and make recommendations about charges for possible criminal conduct during the arrest and confinement.

“There are many lingering questions regarding the death of Sandra Bland,” Mathis said, explaining why he has asked for help just days after Waller County Sheriff R. Glenn Smith formed a similar committee to review jail procedures.

[…]

The announcement that officials were forming another independent review committee did not build much trust with critics.

Former Waller County Justice of the Peace Dewayne Charleston said he didn’t know White or Jordan, so he couldn’t speak to their abilities or loyalties, but questioned any committee whose leaders are “appointed by the same person they are providing oversight for.”

“He’s not bound to take their advice, suggestions or recommendations, so it’s just window dressing,” said Charleston, who has called for Mathis to recuse himself from the case. “They could give him the best, most accurate recommendation but if he’s not obligated to accept it or just takes parts of it, it doesn’t really matter.”

Both White and Jordan have limited prosecution experience, graduated from Texas Southern University’s law school and work in small firms with five or fewer attorneys, according to the Texas State Bar’s website.

White, who passed the State Bar in 2002, worked under Mathis as a prosecutor for a year. Jordan, who passed the bar in 2006, has served as a prosecutor in the Army National Guard, where he still is a defense attorney. Jordan also has worked as a talk radio host for KCOH, part of the broadcasting company owned by Houston mayoral candidate Ben Hall.

Vivian King, a prominent Houston defense attorney and former prosecutor, said she did not know White, but had confidence in Jordan, who she had as a student at TSU.

“I think he’s confident and smart and will ask for guidance where he needs it,” she said. “He does care about getting it right.”

JoAnne Musick, the president of the Harris County Criminal Lawyers, said the decision to bring in someone familiar with the county, like White, might give the duo a useful perspective. But she said that insider status also could undermine the public’s trust in the process.

“Houston is a very close and large area with tons of experienced former prosecutors and defense attorneys that could undertake that review,” she said, noting she knows neither White nor Jordan. “Their selection seems a little odd.”

Musick is one of five people selected by Hempstead and Houston attorney Paul Looney to serve on the sheriff’s review committee, which has not yet met. On Monday, Looney identified the others: Juan L. Guerra Jr., criminal defense lawyer; Randall Kallinen, civil rights attorney; Morris L. Overstreet, a former judge on the Texas Court of Criminal Appeals; and former U.S. Rep. Craig Washington.

Jordan ran in the 2010 Democratic primary for judge of the 180th Criminal District Court. Here’s the judicial Q&A he did if you want to know a little more about him. The Sheriff’s panel has several well-known people on it, and I think they will live up to Looney’s promise that they will not hold back.

There will also be a legislative hearing:

The same day Waller County officials released results of Sandra Bland’s autopsy report, state lawmakers announced they will meet next week to discuss jail standards and police relations.

Members of the House County Affairs Committee, chaired by Houston Democrat Garnet Coleman, on Thursday will discuss “jail standards, procedures with regards to potentially mentally ill persons in county jails, as well as issues stemming from interactions between the general public and peace officers.”

That hearing will be tomorrow, July 30. Here’s the press advisory from Rep. Coleman, who can always be counted on to do a thorough job, and more on the hearing in the Trib. We need to learn all we can from this tragedy, and then to actually follow through on it, or we’re just going to keep having more like it. Still more here from the Trib.

Sandra Bland’s death ruled a suicide

That’s only part of this tragic story.

Sandra Bland

Waller County prosecutors said Thursday that a preliminary autopsy found that Sandra Bland committed suicide, but they pledged to continue investigating the circumstances surrounding her controversial arrest by a state trooper as well as her death in a county jail cell.

“The pathological findings … conclude that the cause of death was hanging and the manner of death was a suicide,” Assistant District Attorney Warren Diepraam said at a news conference focused on the forensic findings so far. “The evidence that we’ve reviewed up to this point supports those findings … However this is an ongoing investigation.”

Prosecutors also confirmed that a screening test had revealed marijuana in the system of the 28-year-old Bland at the time of her death on July 13, and a catalogue of injuries that included some 30 healing cuts on her forearm that may have been self-inflicted two to four weeks before she died.

But Diepraam repeatedly stressed that none of the injuries found on Bland’s body was consistent with a struggle. Some relatives have disputed the notion that Bland committed suicide, a death that occurred against the backdrop of a growing national movement to end police violence against African-Americans.

“At this particular time, I have not seen any evidence that indicates this was a homicide,” Diepraam said.

After the district attorney’s office released details from the autopsy report, the sheriff’s office in the rural county west of Houston released its own statement, which said that Bland had never been placed on suicide watch. The sheriff’s office on Wednesday released intake forms showing that Bland had told police after her arrest that she had attempted suicide in 2014 with pills following a miscarriage and that she had previously struggled with depression.

At Thursday’s news conference, District Attorney Elton Mathis generally steered clear of discussing the jail’s handling of Bland. But asked by CNN a day earlier if the sheriff’s office should have taken more precautions, he said, “It does appear she indicated to the sheriff’s office she’d tried to kill herself at least once. From a commonsense standpoint, I would think that would be something that would of course be important by jail commission standards when assessing inmates for potential care once they come under the control of the jail.”

You can find a copy of the autopsy report here. Sandra Bland’s family is pursuing its own postmortem, and we’ll see what comes of that. Whatever the case, let’s be clear about a few things.

Sandra Bland should never have been in jail in the first place.

As the video of Sandra Bland’s arrest makes its way into homes and offices around the country, people are aghast that the failure to use a turn signal led to a woman’s arrest and, ultimately, her death by what officials have identified as suicide. People want to know if the officer’s actions—asking that Bland put out her cigarette and demanding that she step out of her car—were legal. But that’s the wrong question. Instead, we should be asking whether it was good policing.

As a former police officer, and now as a legal scholar who studies policing, I know the law is not a moral compass. An officer’s actions can be entirely lawful, and yet fail to meet the high standards that we should expect from our law enforcement professionals, our community guardians. When we focus on whether the police acted lawfully, we are missing the chance to ask whether they acted appropriately. As I watch the dash camera video of the traffic stop, I can’t help but think of the distinction between lawful policing and rightful policing.

[…]

It is right here that Encinia has an opportunity to alleviate some of the tension of the encounter. He could, for example, thank her for moving out of the way, but explain how important signaling is, especially near an intersection. He could let her know that he has written her a warning, not a ticket (a fact that does not become clear until much later in the encounter). He could try to connect with her on a personal level, perhaps by telling her that he’d hate to welcome her to Texas with a traffic ticket.

In short, he has a chance to engage with Bland in a way that reduces antagonism and builds goodwill. It isn’t hard, and can be summed up in three words: Receive, respect, respond. Receive what someone is telling you, respect their position, and respond appropriately.

But he doesn’t. Instead, Encinia is silent. A couple of seconds pass. Then he says, “Are you done?” Those three short words send a powerful signal: “What you said does not matter.” This is the first failure in this encounter. It is not a legal failure—there is no law that requires officers to meaningfully engage with people—but it is a failure nonetheless. It is a missed opportunity for good policing.

As you know, I agree with that assessment.

But let’s say you think the officer’s conduct was acceptable and the arrest was justified. In that case, Sandra Bland should not have been in jail for as long as she was.

The reason Sandra Bland was still in jail three days after being arrested was that she hadn’t posted the $5,000 bond that had been set for her by a Waller County, Texas judge. Posting that bond would have required Bland to come up with $500—10 percent of the full sum—in exchange for her freedom. According to a lawyer for the Bland family, they were working on securing the necessary funds when Bland was found dead in her cell on the morning of July 13.

If Bland had been able to pay her bail on the spot, she would have been released immediately following her arraignment, which took place on Saturday, July 11, the day after she was pulled over on a traffic violation and detained for allegedly assaulting a police officer. A representative for the Waller County Sheriff’s Office told me they could have processed Bland’s bail at any time Saturday or Sunday.

The point of bail is to make sure that someone who has been accused of a crime appears in court when the time comes for a judge to hear her case. The money acts as an insurance policy for the judicial system: If you show up for your court date, the money is returned to you. If you don’t appear, you have to pay the court the full amount of your bond. How much you’re required to pay in bail up front is supposed to be based on whether a judge or a magistrate considers a defendant a flight risk, and whether he believes the defendant to be dangerous.

In practice, the bail system is particularly hard on poor people, who frequently get stuck behind bars because they can’t afford to post bond, while those with greater means pay their bail and go home. According to one study, five out of six people in jail are there because they could not afford to pay their bail.

That’s a problem in a lot of jails, including and especially Harris County, where we continue to tolerate judges who lock up scads of people who haven’t been convicted of anything and aren’t a danger to anyone. It’s a nationwide problem, which we’re just beginning to talk about.

But suppose you think that $5K was a reasonable bail for the charge in question. In that case, we come back to the failure of oversight at the jail, which is a problem not just for Waller County.

When Sandra Bland was booked at the Waller County Jail, she told the staff she had attempted suicide before — a staff, it turns out, who had not been sufficiently trained on how to safeguard the well-being of inmates who are mentally ill, suicidal or pose a risk to themselves.

Three days later, the 28-year-old was found dead in her cell — an apparent suicide, according to a Harris County autopsy. Now, mental health watchdogs and advocates for criminal justice reform are sounding the alarm, saying Bland’s case spotlights deficiencies in jail monitoring and oversight that can sometimes have deadly consequences.

Had Bland’s jailers followed through on mental health training and complied with minimum state standards for inmate monitoring — including checking on her at least once an hour — they might have been better prepared to prevent her apparent suicide, mental heath advocates and criminal justice experts said. But they said the lack of sufficient mental health training for jail staff is widespread in Texas.

With an annual budget of about $1 million, the watchdog agency that sets standards for the state’s disparate network of 244 county and private jails employs four people to inspect those local lockups each year, and one inspector to respond to inmate complaints. The agency is chronically underfunded and understaffed, experts say, meaning citations for jails found out of compliance often come only after a tragedy.

The commission’s annual budget is, in many cases, one-third those of comparable agencies in other large states, The Texas Tribune has found. Its much smaller staff of inspectors, until recently, had to share motel rooms because of a limited travel budget.

“I think any advocate would tell you that the jail commission is not adequately resourced to do the kind of preventative inspections that we would like for them to do,” said Matt Simpson, a senior policy strategist at the ACLU of Texas.

The great irony here is that Texas is actually exceptional for having such a commission in the first place – most states don’t. It just doesn’t have the resources it needs to do the job, and as we’ve already discussed, that job is made harder by the presence of so many people who shouldn’t be in jail in the first place.

The system failed Sandra Bland in a lot of ways, and I haven’t even touched on any of the racial aspects of her case. I’ll leave you to find writers who are smarter and better informed than I am to tackle that subject, which deserves all the attention it’s getting. There are many things we must do to prevent future tragedies like Sandra Bland’s and ensure that we live up to our own ideals about everyone being equal. I’m just highlighting a few of the obvious ones.

Dashcam video from Sandra Bland arrest released

The Press has a good writeup. I’m just going to quote the two bits of transcript they provided:

Sandra Bland

“What’s wrong?” the trooper asked as he delivered Bland her ticket. “You seem very irritated.”

“I really am, because I feel like it’s crap for what I’m getting a ticket for,” Bland said. “I was getting out of your way. You were speeding and tailing me, so I move over and you stop me. So yeah, I am a little irritated.”

“Are you done?” the trooper said.

“You asked me what was wrong and I told you,” Bland said.

“OK,” the officer said. “You mind putting out your cigarette please?”

“I’m in my car, why do I have to put out my cigarette?”

“Well,” the officer said, “you can step out now.”

“I don’t have to,” Bland said.

“Step out.”

Emphasis mine. Right there, the cop should have said “Have a nice day” and walked away. I’m sorry, but any cop who can’t handle a little mouthy frustration from someone who just got a ticket they don’t think they deserved shouldn’t have a badge and a gun. He escalated the situation. There was no need to tell her to put out her cigarette, and no justification at all for telling her to get out of the car when she justifiably told him No. And it gets worse from there:

“You do not have the right to do that,” Bland says.

“I do have the right, now step out or I will remove you,” the officer says.

“I am getting removed for a failure to signal?”

“I am giving you a lawful order. Get outta the car now.”

“I’m calling my lawyer.”

“I’m gonna yank you out of here,” the officer said, while leaning over and reaching into the car.

“Don’t touch me! I’m not under arrest,” Bland says.

“You are under arrest,” the officer says.

“For what? For what?”

There’s a pause. The officer does not answer.

“Get out of the car, now!”

Bland walks out of the car and around the back, as directed by the officer. The rest takes place off camera, though you can hear what’s going on.

“You feeling good about yourself?” she says. “You feel good about yourself? Why will you not tell me what’s going on? Ya’ll bitch asses scared. That’s it.”

Then there is a shuffling sound, and Bland screams, “You’re about to fucking break my wrist!”

Then Bland screams.

“Stop… moving… now!” the officer shouts. “Stop it!”

Bland begins to cry. Through sobs, she says, “For a traffic signal… for a fucking traffic signal. I can’t feel my arm.”

“You’re going to jail,” the officer says. “For resisting arrest.”

Unbelievable. And completely unacceptable. Even more, as the Trib reports, what can be seen contradicts the officer’s account of what happened. I don’t know what happened to Sandra Bland – we may never know for sure – but the one thing I do know is that Sandra Bland should never have been in jail in the first place. That is the root cause of what happened. And it’s as clear an illustration of what the #BlackLivesMatter protesters have been talking about all along as one could see. This is what needs to be fixed. Daily Kos has more.

UPDATE: Lisa Falkenberg has more.

Sandra Bland’s death being investigated as a homicide

Doesn’t mean that’s how it will be ruled, but it’s at least a sign that it’s being taken with appropriate seriousness.

Sandra Bland

The probe into Sandra Bland’s hanging death inside a Texas jail — which a medical examiner ruled a suicide last week — now includes the possibility of murder.

“This is being treated like a murder investigation,” Elton Mathis, Waller County’s district attorney, said at a press conference Monday.

Mathis said he made the determination after talking to Bland’s family and to those who saw her last, including the bail bondsman, who was among the last to hear from her alive.

[…]

While the Harris County medical examiner ruled her death consistent with a suicide, Mathis said it is now being treated as a murder.

“There are too many questions that need to be resolved. Ms. Bland’s family does make valid points. She did have a lot of things going on in her life for good,” Mathis said.

The district attorney also said the dashboard video of the traffic stop in Prairie View that was retrieved from Encinia’s patrol car would be released on Tuesday.

After viewing the video, Mathis said Bland was not “compliant” with the officer’s directions.

“Sandra Bland was very combative. It was not a model traffic stop. It was not a model person that was stopped,” Mathis said.

See here for some background. I am sure that dashcam video will be all over social media later today. The Chron story provides a different assessment of its contents.

Mathis said he has requested scientific testing from the jail, including touch DNA evidence on the plastic trash bag that medical examiners in Harris County said Bland used to kill herself.

Mathis outlined some of the details of his investigation at a news conference Monday afternoon, hours after a separate news conference, where advocates for Bland raised questions into her death.

Advocates representing Bland’s relatives also said dash cam footage of her traffic stop in Prairie View contradicted information provided by the Texas Department of Public Safety.

The family also called for the Department of Justice to investigate the circumstances of her arrest on July 10 and death three days later in the Waller County Jail, which officials have ruled a suicide.

“We know we’re standing at a crime scene,” said Jamal Bryant, an advocate for Bland’s relatives, outside the jail.

At a news conference, Bryant, a pastor at the Empowerment Temple AME Church in Baltimore, said the footage, which had been shown to Bland’s relatives and their lawyer, but which has not yet been released publicly, showed the DPS trooper stopping her, walking to her car, and then speaking to her while she smoked a cigarette.

The trooper, 30-year-old Brian Encinia, told her to put it out, and she refused, Bryant said.

Bland began videotaping the stop with her cell phone, which enraged the trooper, Bryant said.

“You can’t see at any point where Bland attacks the officer,” Bryant said.

DPS officials have said that during the stop, Bland became “uncooperative” and kicked the officer. She was arrested and charged with assault of a public servant.

Cannon Lambert, a Chicago-based attorney representing the family, said Sunday on a Washington D.C. radio show that Encinia tried to pull Bland from the car when she reached for her cell phone. When that didn’t work, he pulled out a TASER and pointed it at her, and she voluntarily got out of the car, he said.

The dash cam did not record the entire encounter between the trooper and Bland.

I hope it’s enough to settle the arguments, but I suspect it will intensify them instead. We’ll see what it has to tell us.

What happened to Sandra Bland?

This is horrible.

Sandra Bland

There are big questions about the final hours of Sandra Bland’s life. The official story is that the 28-year old committed suicide by hanging herself in a Waller County jail cell. Her family doesn’t buy it.

Bland, a black woman who graduated from Texas Prairie View A&M and had recently accepted a new job at the university, didn’t seem to her friends and family to be a suicide risk. And as ABC 7 in Chicago reported (Bland was originally from nearby Naperville), many have disputed the official story. “The Waller County Jail is trying to rule her death a suicide and Sandy would not have taken her own life,” longtime friend LaNitra Dean told the station. “Sandy was strong. Strong mentally and spiritually.”

We don’t know what happened in Bland’s cell, but we know that her initial encounter with police was contentious. Bland was pulled over Friday after she failed to signal a lane change. According to the Chicago Tribune, officials said Bland was about to drive off with a warning before she kicked the officer.

A bystander who observed the incident on University Drive in Prairie View filmed the arrest. It’s not easy to watch.

In the video, we see Bland in the prone position while a deputy pins her to the ground. She screams to the witness and asks the policemen why they’re hurting her. (According to police brutality activist Shaun King on Twitter, the witness says that Bland was pulled out of the car through her window.)

It’s unclear what danger the officers arresting an unarmed woman felt that they were in. Usually, failing to signal a lane change isn’t an offense that ends in handcuffs. (She was ultimately arrested for “assault on a public servant,” though the details of her alleged assault are similarly unclear.) It does, of course, come on the heels of other incidents in which police have deployed surprising amounts of force against Texans — particularly Texans of color — in recent months. In fact, police killed a man during a routine traffic stop similar to Bland’s.

[…]

The Texas Rangers are investigating Bland’s death now, and it may not end there. A Change.org petition launched Thursday morning urging the U.S. Justice Department to take over the investigation already has 5,000 signatures, and the DoJ has demonstrated a willingness to investigate situations like this in other high-profile deaths involving black citizens and the police.

In the meantime, #SandraBland has become a trending topic on Twitter, and that seems to have changed the way her death is being discussed in Waller. Yesterday, Waller County District Attorney Elton Mathis told ABC 7, “I do not have any information that would make me think it was anything other than just a suicide.” Today, speaking to KPRC in Houston, he was more thoughtful:

“I will admit it is strange someone who had everything going for her would have taken her own life,” he told NBC station KPRC in Houston. “That’s why it’s very important a thorough investigation is done and that we get a good picture of what Ms. Bland was going through the last four or five days of her life.”

“If there was something nefarious, or if there was some foul play involved, we’ll get to the bottom of that,” Mathis added.

There are a lot of eyes on Waller County right now, and someone will hopefully find the truth.

The Trib adds some details.

An autopsy classified the death as suicide by hanging, Harris County Institute of Forensic Sciences spokeswoman Tricia Bentley told The Post, and the sheriff’s office statement said it appeared to be from “self-inflicted asphyxiation.”

“The family of Sandra Bland is confident that she was killed and did not commit suicide,” Bland’s family said in a statement sent to the Tribune by the law firm they hired. “The family has retained counsel to investigate Sandy’s death.”

At the press conference, another of Bland’s sisters said that the two had a telephone conversation after Bland was taken into custody. Shante Needham said Bland was “very aggravated,” and thought she had broken her arm, according to the AP.

The Texas Rangers, an investigative arm of the state’s Department of Public Safety, are investigating the death. Additionally, the Department of Public Safety said it has asked for the Federal Bureau of Investigation’s assistance.

“At this time, the joint investigation by the Texas Rangers and the FBI is ongoing,” the release stated.

Shauna Dunlap, a spokeswoman for the FBI’s office in Houston, told the Houston Chronicle in an email that the agency would be “monitoring the local investigation until it is complete.”

“Once the local process takes its course, the FBI reviews all of the evidence and if warranted could pursue a federal investigation,” she wrote.

[…]

In his Facebook statement, Mathis, the district attorney, said his office “is actively consulting with and monitoring the investigation being conducted by the Texas Rangers into Ms. Bland’s death. Once the investigation is complete the matter will be turned over to a Waller County grand jury for any further proceedings deemed appropriate by them.”

He added: “Please allow us to do our jobs, and rest assured that Ms. Bland’s death is receiving the scrutiny it deserves.”

I certainly hope so. Everyone is watching, that’s for sure. You can click on that top link to see the video. There’s plenty of questions about what happened once Ms. Bland was in jail, but the questions begin with what happened at that traffic stop. How does someone get arrested – never mind carted off to jail – for failing to use a turn signal? Half of Houston would be incarcerated right now if the police here enforced that. And then there’s this:

Hempstead Police Chief R. Glenn Smith, who was fired last month by elected city officials, is now the Republican Party’s nominee for Waller County sheriff.

Smith easily won in a runoff Tuesday, defeating Joseph “Joey” Williams 801 to 544, and will face Democrat Jeron Barnett in the November election.

Smith, 49, blamed his dismissal on small-town politics.

“In my opinion some of them possibly had an agenda for somebody else who is running for sheriff,” Smith said Thursday.

However, some in the community say the dismissal stems from incidents involving police misconduct toward African-Americans.

[…]

Activist Herschel Smith said many Hempstead residents expressed concerns about police conduct. He said two incidents that sparked worries involved a mistaken drug raid and a strip search conducted on area youths by Hempstead police.

Link via Daily Kos and Mic. Glenn Smith is now the Sheriff of Waller County. Maybe the one doesn’t have anything to do with the other, but with all that’s been happening, now and forever, there’s no benefit of the doubt to accrue. Sandra Bland and everyone else deserves a real answer. See #WhatHappenedToSandraBland on Facebook for more.

UPDATE: Here’s the Chron story.

UPDATE: The Press has more.