Austin Criminal Law Journal : Austin Criminal Defense Lawyer & Attorney : Dax Garvin : Texas, Travis County, Georgetown, Round Rock, Cedar Park

So tonight, I found myself having to work through more of the bureaucratic red-tape that is caused by either the lack of communication, poor training, disorganization, laziness or simply the complete ineptitude by some but not all of the people working in the Williamson County Sheriff's Office. 

The background:

At approximately 3:45 to 4:30 p.m. on Friday, February 13, 2009, I spoke with a client and signed a waiver of magistration to speed up the time of her release from custody in the Williamson County Jail.  She was arrested earlier this date on a warrant with a bond already set by a different judge.  I completed the form that the jail staff provided me and submitted it to one of the jail staff supervisors.  The Waiver was accepted.  The time was now approximately 4:30-4:45 p.m.  I left the jail and spoke with the client's relative who had hired me on her behalf.  In addition, the surety bond itself was posted almost simultaneously to this by a local bonding company.  The client should be released anytime now that these documents were in place.

The result:

At 10:25 p.m. (approximately 6 hours later) I receive a call from the bonding company saying there is a problem with the client's release because "they" (Williamson County Jail) did not have a copy of my bar card with the Waiver.  I called the jail and spoke with the Sgt. working at that time and was told that they must have the bar card with it.  I explained that it had been filed by a Lt. on a previous release, but this Sgt. said that was not sufficient, that it must be with this Waiver.  I asked the Sgt. if she could copy it from a prior file that I turned in on a different client on February 12.  I was told no because that does not verify my identity.  I then asked if it could be pulled from the State Bar of Texas website, where the State of Texas maintains my record as an attorney.  Again, I was told "no".  Then, I was told that if I wanted to wait and discuss the matter with the Lt. or another supervisor, I was free to do that but that the client would not be released without a copy of my bar card.  Of course, I got out of bed and made a special trip back to Georgetown to fulfill this "request".

My opinion:

Granted, we all have opinions and thus they are not necessarily worth anything.  However, I was completely appalled by this entire process for a number of reasons:

1. This information (bar card information) is on file with the Sheriff's Department in a rolodex at the front desk (taken by the Lt. I referenced);
2. This information is available on the Internet, which I provided the link to above and offered to the Sgt. (and given the countless hours that County employees spend surfing the internet when they should be working, this "required information" could have been pulled and put with the Waiver, if it is so important);
3. Most importantly, the Waiver was accepted when I turned it in ... no one told me that they needed my bar card again (previously filed and even checked when I entered the jail on this date, so they knew I was an attorney);
4. Probably of less importance, but I worked at the Williamson County Sheriff's Office from October, 2005 until June, 2008 (granted I doubt everyone knows that or cares, but I know that I am in the County computer system);
5. This was probably just a passive aggressive act to hold the client in jail a few hours longer... afterall, why on earth did it take until 10:25 p.m. for me to even get a call about this "error"?

My plea to anyone with an interest in changing Williamson County:

1. Start paying attention to things that happen here;
2. VOTE (for anyone who runs against the elected members of this monopolized, disfunctional machine);
3. Take note of stories like this and remember them ... it is only a matter of time until something happens to every one of us (directly or indirectly);
4. Question why it took so long to process this release when the documents were submitted before 5:00 p.m.;
5. Respond to my blog ... let's really start a discussion here (I am still incensed by the lack of professionalism, communication, and integrity that pervades the very core of the Williamson County Criminal Justice System and so should every person who resides in that County... unless you are part of the problem rather than the solution).

I purposely omitted names of the parties and other entities involved, as there is no reason for me to name them individually, however, the ranks of the people I spoke with were accurate and gender was purposely excluded.  As a criminal defense attorney who regularly defends people accused of crimes in Williamson County, Texas, I see a direct need for getting that system to change, as it is overrun with problems just like this on so many levels and with a very few exceptions, most people are not willing to speak against it to urge that Change come to this place.

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Many of Grits for Breakfasts blog postings receive numerous hits and initiate heated debate, but Williamson DA Sees Drug Penalty Debate as Turf War really grabbed my attention because it involves Williamson County, which is one of the places I practice criminal defense.

John Bradley, District Attorney for Williamson County, was quoted as saying:

If SJF drug cases become misdemeanors, the shift in workload from district to county courts at law would be substantial. In selfish terms, a DA with only felony jurisdiction (like myself) would suddenly have an enormous percentage of the caseload moved off the docket. A county attorney with only misdemeanor jurisdiction (such as my colleague in Williamson County) would suddenly find herself with lots of new cases.

This would be an extraordinary movement of resources for no reason other than someone deciding to reclassify the crime from felony to misdemeanor. Punishment would require county dollars (in county jail) rather than state dollars (in state jail)....

The discussion became more heated in the comments that followed Grits blog entry.  Although several of them made very valid points, the one in particular really made a point with me:

kaptinemo said...

How many times must the system be 'tweaked' before the recognition is made that it is the system, itself, that is the problem?

The 'system', in this case, is drug prohibition, which is the font of the complained-about caseload. Prior to 1914 and the Harrison Narcotics Act, which Federalized drug 'crimes' such as possession, we didn't have these problems...or caseloads.

Why bother playing around with trying to unravel the Gordian Knot of drug prohibition and all its' baggage? We've been trying to do that, to the tune of a trillion dollars since 1968, and we're no closer to achieving a drug-free utopia now than they were back then...as the complained about caseload demonstrates. A caseload we can no longer fiscally afford. It's long past time to consider the once unthinkable, and to speak the once forbidden, and talk about alternatives to the present - and punitive - DrugWar.

Now, in these difficult economic times, it may really be time to try something new, and different.  I will be the first to admit that the legalization or the decriminalization of all drugs or even most drugs may not be in society's best interest, I am willing to consider alternatives.  I absolutely agree that these SJF crimes should be reduced to misdemeanor offenses, as too often people are being convicted of felonies for miniscule amounts of an illegal substance.  Even when these people are given deferred ajudication probations, often the conditions are so stringent that a saint would have a difficult time completing them.

So, as kaptinemo wrote about fighting the drug war and spending trillions of dollars, which I agree is a worthless fight and an unwinnable one at that, I propose the following:

• legalize the possession of less than 2 ounces of marijuana;
• criminalize its use when driving (similar to DWI, afterall, is pot really any worse than alcohol);
• allow the government to regulate the sale of marijuana and tax it (similar to tobacco); and
• reduce the levels from SJF to misdemeanor offenses on other drug crimes.

This process would guarantee that the marijuana is not laced with something more addictive or harmful and would allow the government to create revenue to help pay off its trillions of dollars in expenses.  Not to mention, not fighting the "war on pot" would save counties, states, and the government in general large sums of money (purposely I am being vague as I do not have a figure to write).

Further, it would save money on prosecutions and those convicted of the SJF amounts of other substances.  And, as to John Bradley's comment about shifting the burden of work to another office, I believe this would only allow a couple of things to happen:

• assistant district attorney's would have more time to review and handle the other, "more serious" cases; and / or
• given that these ADAs are also county employees, nothing would prevent them, aside from politics, from working on some of these lower level cases, unless the agencies in question absolutely refuse to work together or share responsibilities; afterall, both are paid by county tax dollars and both work for "The County".

To conclude, pushing more people into the criminal justice system, whether it is by placing them on probation or putting them in jail or prison is not the answer. We already have the highest percentage of our population involved in this system, at least among the developed world. 

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While I was in training for the time I spent as a Williamson County Deputy Sheriff, I was exposed to the Taser training.  I won't bore any reader with the details of what the Taser is, as I think that is fairly common knowledge, however one story I read on the news today really surprised me, because a guy's jacket caught fire from the spark of the taser, and according to the training, that is NOT supposed to happen.  I often wondered how it could not ignite, given that a combustible fluid like alcohol + a spark of electricity generally equals "fire"....

It looks like this incident, while remote, may cause Taser International and others who manufacture these things to rethink their claims....

It's remarkable that this does not happen more frequently.  In this case, a guy evading cops on a motorcycle had gasoline on him from the collision when he hit the side of a patrol car, and when he was tased by the officers his jacket ignited.

I'm not here to get into the pros and cons of using a taser, as I think it is definitely a good alternative to an officer causing deep contusions and possible broken bones to a suspect with a baton, collapsible or otherwise, and I certainly think it is better than shooting.  Having been tased in my training, I can truthfully say that it is not the worst thing in the world, and that compared to the other options, I'd gladly do it again.  And, I'm not one who enjoys excessive pain.

Anyway, the details of this story are available here for anyone who would like to read it and for anyone wanting to see the comments made by some others, presumably officers, but possibly just uneducated rednecks...let's not forget that in America, we are all innocent until proven guilty, so reading things like the quotation below are quite disturbing to me:

Taser should add a gasoline spray option to its new models.
Add copy could read-
If they are worth tasering, they are worth burning.

or how about-
I fought the law and now I'm burned.

Good job officers, next time let him smolder a little before you put out the fire and he might not run in the future.

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To begin, I must say that I have not seen the video and cannot provide concrete evidence that the decision by Williamson County Attorney Jana Duty to dismiss the DWI charge against State Representative Mike Krusee was in error or showed bias, but it sure raises the question because I cannot recall a single time that a DWI for one of my clients or any other defense attorneys that I know were just outright dismissed.  Legally, the charges could be refiled, but will they, most likely not....

Now, it has happened that cases have been dismissed "with counseling up front" but the far more common practice is to reduce the charge to some other misdemeanor, usually Obstructing a Highway or sometimes Reckless Driving....

So, KVUE news has an excerpt of the DWI video showing Krusee's arrest.  But this alone is not enough to make a decision of whether or not the case should go forward.

Obviously, Corporal Michael Scheffler saw enough to develop probable cause to arrest the State Representative...

If anyone else knows more about what is going on, please let me know.  I'm really curious to see how good this video must have been to allow a DWI defendant to obtain an outright dismissal!

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Seeing this story was very exciting to me, as it seems that for too long law enforcement has taken complaints from victims and pursued them, which often results in charges being filed against an individual.  Most of the time, I find that I am representing the person charged as his or her criminal defense attorney, but today, in what is generally considered to be an unpopular action, law enforcement in Williamson County filed charges against someone for falsely reporting an offense.

The reported story may be read on the KEYE website here or on one of several other Austin-area news stations.  But, to summarize the story,

a woman who was experiencing car problems pulled over on Highway 29 west of Ronald Reagan Blvd. Police then say a suspect pulled behind the woman offering her help around 8:30p.m. The individual sexually assaulted her at the location.

The complaining victim was arrested for false report on this past Friday.  Detective John Foster of the Williamson County Sheriff's Office would not provide details about the matter, and this story is available for further review, here.

The reason that I congratulate Williamson County for this action is that too often people call the police and then back out of the charge later.  Meaning, they complain about someone's action, get the person arrested, and then change their mind.  Most often, this is in domestic violence / assault with bodily injury cases involving family violence.  Too often, there are unwritten policies in place not to pursue charges against these complaining witnesses because law enforcement or prosecutors do not want to prevent people for calling for help out of fear of prosecution if they later change their story.

But, I must say, if you are not going to stand behind your testimony, do not cause someone the stress and anxiety of being arrested, jailed, and prosecuted, not to mention the thousands of dollars wasted in defending that matter.  Hence, one more time, Good Job, Wilco!

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An article about Jean Ponzanelli, one of Keith Lauerman's clients is very well written by KXAN and lays out the facts of a case that occurred in Williamson County in the past couple of months.  I hope that you all will go and read that story, it really offends me to see what has happened in the "justice" system and further it causes me pain to see how so many of the elected officials think and respond to cases in Wilco.  Very little of these comments surprise me as I have worked in Williamson County, not only as an attorney but also as a deputy at the Sheriff's Department (No, I never directly observed corruption but I definitely sensed a depraved sense of justice before I left).

While I was reading through the comments to the KXAN article, I came across this one posted by Shocked in Wilco:

I think it is very important for people to know the girl was 2 weeks from turning 14 and she lied about her age! Jean was 17 years old! Their was no assault! The sex was consensual. Jean is not a man he is a kid! He will go into prison a kid and come out a criminal! Where is the justice in this? All district judges in Williamson county have been appointed! NEVER elected by the people. No one will run against these people. People in Williamson County should be afraid. Maybe next time it will be your child that is sent to prison for just a foolish judgement call. Teenagers have sex and many of these young girls are advertising for sex on their My Space accounts. Why isn't the girl going to prison? What a sad day for Williamson County!

I agree with the point that Shocked is trying to make but I wanted to take a moment to clarify some things...

• The elected officials prosecutors / judges, both County and District, have been elected -- but most have run un-opposed, meaning without an opponent, because...
• Williamson County, over that past 10-25 years, has elected Republican candidates and thus Democrats have not seen fit to run against them--spending the thousands of dollars necessary to run an effective campaign...so,
• If people are aware of what is going on and that miscarriages of justice like this one occur on a fairly regular and in a frighteningly routine manner, get out a VOTE!
• When Democrats begin to win or at least show that they can be competitive and come "close" to winning... things may begin to change.
• Even if a new candidate does not win, a close race for an incumbent is likely to make him or her a bit more moderate... because it would be clear that the people will not tolerate the "old ways" of Williamson County.

So, voters in Williamson County -- pay attention.  It may only be a matter of time until an allegation is made that affects you or someone you care about and you find yourself in the harsh clutches of the criminal justice system there....

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