Money Well Spent

7.5 million dollars.

According to the Austin American Statesman, that’s how much money it cost the state of Texas for the first 19 days of the raid of the YFZ Ranch in Eldorado and ensuing boondoggle aftermath. I had a few other words to describe this situation, but this is a family friendly site.

And that’s just the first 19 days. It’s been roughly five weeks since the raid out in West Texas. Who knows what the costs are up to now.

To make matters worse, the local government’s are a little leery about how whether or not Austin is going to foot the bill.

State Comptroller Susan Combs told Dewhurst, Craddick and Perry in a letter that she plans to work to “utilize funding allocated in the current state budget to cover the allowable emergency costs.”

But some government officials aren’t sure what “allowable emergency costs” include, and that’s making them nervous.

Tom Green County Treasurer Dianna Spieker said: “We’re operating under faith” that the county will be reimbursed. She said last week her county had spent $70,000 on everything from overtime for law enforcement to paying the road and bridge department to set up barricades.

State Sen. Judith Zaffirini, D-Laredo, a member of the finance panel, said the operation is largely a state responsibility.

“We should reimburse local agencies as soon as possible for any action they have taken that is state responsibility,” she said.

Technically, many of the court costs are the responsibility of the counties, but state leaders say they plan to use state money.

“We can’t wash our hands from it — we’re the ones who did it,” said state Sen. Bob Deuell, R-Greenville, a member of the Finance Committee. “I hope it turns out it was the right thing to do.

Same with some of the many attorneys who have graciously volunteered their time to help out.

Some lawyers who volunteered to represent the children are now wondering what they’ve gotten into financially. Susan Hays of Dallas, an attorney for a young girl, said she’s spent nearly $1,000, mostly on gas to visit her client in East Texas and the client’s mother in San Antonio.

“We were all told it was a one-day hearing,” she said. “My case is now spread out all over the state. The Legislature is going to have to do something.”

Did the state of Texas have any plan as to what they were going to do with all these kids, all of which would be needing legal representation? While its great to see so many in the legal community volunteer their time, surely the State had some other plan. I would hope so, especially for a county of just over 100,000 people out in west Texas

To top it off, according to Grit’s latest post on the subject (which by the way, his coverage has been excellent), there was ample evidence that the call sparking the whole mess didn’t come from Texas and didn’t come from anyone credible, and the authorities just ignored it.

Authorities knew before the raid that Dale Barlow was in Arizona, had spoken to him, but made no effort to have him arrested or detained by his probation officer.

The caller mispronounced the name of the town (there’s a long “a” in Eldor-A-do), used terminology that did not match FLDS religious lingo, and only gave details about the group and the ranch that could be easily gleaned online.

Authorities knew the calls to the shelter didn’t come from Texas, and with minimalist investigation would have identified the caller as a routine hoaxer.

So what have the citizens of Texas gotten for our 7.5+ million dollars?  A whole lot of nothing.

Hide and Seek

My practice takes me to three different counties on a fairly regular basis, giving me six different offices to deal with.  Three County Attorneys and three District Attorneys.  And each one has a different interpretation on just how much information they have to give me.  One of the offices will basically let me come in, grab the file I need from the filing cabinet and make copies of whatever I need.  On the other hand, I’ll ask another office if I can see a file, not even make copies - just read it for myself, and instead they’ll just give me an executive summary.  Great, I’m getting a biased summary of an already biased police report.  Sadly, most of the offices are more like the latter.

This refusal to share frustrates me to no end for a couple reasons.  First, I came to Texas from a state with a much more liberal interpretation of Brady, where the DA’s were basically forced to hand over everything at the start of a case.  Oh no, not Texas.  It was a bit of a shock for me when I got down here.

Second, to me it seems like an incredibly inefficient way to operate.  One office will let me look at the file, but instead of making copies, I’m only allowed to take notes.  So rather than having a complete picture of the case that I can read at my convienence, I have to spend my time trying to decide what’s important enough to write down, and then having to read my own writing a week later when I look at the file.  And if I decide I might want more information, I have to go back to the DA’s office (at a time that’s convenient for them) and make more notes.  Wouldn’t it be a better use of everyone’s time to just let me make a copy of what I need?

So why do the prosecutors make getting information as tough as they can?  I really can’t think of any better reason for them besides, under the law, they can.  Which is a pretty crappy reason.

Because I Got High

People who skip out on jury duty make me mad. First off, it’s your civic duty. Suck it up and miss work for a couple days. Second, I really want to be on a jury and will probably never get to. And while the Homer Simpson method for getting out of jury duty is my favorite, “the trick is to say you’re prejudice against all races,” a lady in Houston had a pretty good way to avoid it.

Judge Sherman Ross tried to assemble a jury of peers for a woman accused of possession of a marijuana on trial Tuesday.

But authorities say prospective juror Cornelia Mayo might have taken that concept a bit too far after she was caught smoking a joint outside the courthouse during a break.

The 49-year-old Houston woman was one of 20 people in a jury pool in Criminal Court at Law No. 10.

Ross said he realized something was wrong when juror No. 2, Mayo, didn’t return from a 45-minute break. Before the judge could file a bench warrant for the missing juror, his bailiff got a call from police notifying him that Mayo was being booked on a charge of smoking marijuana outside the criminal courthouse.

“I’ve had prospective jurors get lost before, but it never occurred to me that they might be getting ready for a marijuana trial by, allegedly, smoking marijuana,” Ross said.

I just want to know what her thought process was, what could have possibly lead her to think firing up a doobie outside the courthouse was a good idea.

Sign Language

A post on Mark Bennett’s blog and a story in an ABA email caught my eye.  A criminal defense attorney in Austin was convicted of contempt and given 90 days in jail for making a “gesture, which simulated masturbation.”

A Texas lawyer found guilty of contempt for making a lewd courtroom gesture has been released on a personal recognizance bond while he appeals a 90-day jail sentence.

Lawyer Adam Reposa of Austin told reporters after he was sentenced yesterday that the punishment was “fair,” Texas Lawyer reports.

Visiting Judge Paul Davis said the gesture, which simulated masturbation, tarnished the dignity of the judicial process, the Austin American-Statesman reports.

And what happened that caused Mr. Reposa to make such a foul gesture?

The incident occurred after the prosecutor complained that Reposa was whispering in his client’s ear during the prosecutor’s explanation of a plea offer on a drunken driving charge. Reposa said he wasn’t happy with the offer.

I wasn’t there, I don’t know Mr. Reposa, but it seems like the prosecutor getting upset because of the whispering in the client’s ear during the plea offer seems like a pretty trivial thing to get upset about.  I’ve certainly whispered in a client’s ear while the prosecutor is talking, just like every other defense attorney out there.  Maybe making the jerk off gesture isn’t the best way to handle the situation.

But 90 days in county?  Is that really needed.  I’m sure every prosecutor out there salivates at the thought of being able to lock up a defense attorney, but is locking this guy up and probably destroying his practice a fair punishment for a rude gesture?  Hardly.

Winner Winner, Chicken Dinner

Since my beloved Detroit Tigers have started the season by going 0 - 7, it’s up to me to pick up the slack and get some wins.  I got my first win at a jury trial.  Only it was as a prosecutor. And it was against a Pro Se Defendant.

Occasionally, I get asked to be a special prosecutor on Class C cases. This one was a trucker who got clocked going way to fast, and decided that even after a very reasonable offer he wanted to take it to trial and represent himself.

I’m not sure why he didn’t hire an attorney if he wanted to fight the ticket. He’s a trucker, he’s got a CDL, and having a ticket on your CDL, as I’ve been lead to understand, is not a good thing for your insurance or your employment. But whatever reason, he should have had one. The trial didn’t go well for him at all.

It could be a lesson for all the non-lawyers who think that just because they watch Law & Order, they can be an attorney. Its not that the defendant here wasn’t a smart guy. I spoke with him in pre-trial and before the trial started, and he seemed like he’s at least average intelligence. But without legal training, he didn’t know what to do. He didn’t know how to conduct an effective cross, he didn’t know how to introduce evidence. Its not rocket science, but without a legal education and some on-the-job training, most people wouldn’t know how to do it.

I’m happy with the win, its kind of fun to be the prosecutor, for a change of pace. Even though it was my first win, I decided to hold off on any celebration. I’m saving that for my first ‘not guilty.’