Not Guilty? Texas Parole Board Doesn't Care...
Chuck Lindell wrote an excellent piece recently in the Austin American Statesman:“For prison inmate a "not guilty" verdict did not mean freedom; State parole system can trump a jury's verdict with its own.”
In it, he highlights one of the biggest problems with Texas’ parole system: parolees sent back to prison after being acquitted of new charges against them.
Texas criminal defense attorneys are used to this, but it shocks most folks that find themselves caught up in Texas’ parole system.
Let’s start with the legal basis for it. A “Not Guilty” verdict means that the jury has found that the State failed to prove its case beyond a reasonable doubt. While there’s no exact percentage assignable to that burden of prove, it is undoubtedly higher than the “preponderance of the evidence” standard used in parole hearings.
So let’s say theoretically that a Not Guilty verdict meant that the jury didn’t believe that the State showed them a 95% certainty that a parolee was guilty of a new offense. That doesn’t legally preclude the Parole Board from determining that he is probably, or more likely than 50% guilty of it. (Never mind for now that some juries set awfully low standards for “beyond a reasonable doubt”.)
The Texas Court of Criminal Appeals has consistently upheld the backwards logic that allows the Parole Board to revoke acquitted and possibly actually innocent defendants. From a purely mathematical standpoint, the Court is correct that a jury verdict of not guilty doesn’t meet the necessary requirements of “collateral estoppel” and that the parolee can be revoked and sent back to prison.
But this should offend our collective notions of justice. The blogosphere has picked up this story and run with it. For other law blog commentary on this particular case see: Houston’s Clear Thinkers, TalkLeft, Eye Witness Identification Reform, Right Voices, Later On, Legal Juice, DebsWeb, All That In Our World.
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Hi am daisy benitez i have a question about my husbands parole i think he is comeing up for it an augsut and i want to know if you can help me with it.His here an tx. thanks 512-524-5812
My husband was on parole for theft, and had been home doing well for several years. He has a decent job, pays bills, takes care of responsibility. His parole office at the time even told his dad, that she was considering putting in for him to get off early.Shortly after that comment he was at a waterpark in NewBraunfels,and was taken to jail for what was said that he suppose to have grabbed two boys in
the private area.The family was allowed to tell the police there side, and my husband wasn't. A pastor friend was there, and said it was horrible how he was treated.
The jailer came to my husband, and
was demanding a plea. My husband did not understand everything, and thought that by plea of no contest it meant he was free to go back to normal parole. He did not understand it was as if he was saying may be guilty but dont want to be sent back to prison. He went through 5 months of ISF and has now been in an offenders class 3 yrs.
He is not even on the registery, and was told it would not be this long by the program director. They take weekly moneys, and they take moneys anytime he fails to do things according to the directors wishes. He does everything he is told, and tries to abide by her wishes. We even hired Gary Cohen who is said to be the best fighter against the parole board, and got NOWHERE but a His hands are tied, and the did not accept for husband to be back on regular parole again.
This case never went to court, we had tons of letters written on my husbands behalf on his character etc. And yet here 4 yrs out from the incident, and playing the same old games. I would appreciate in help, comments, or ideas of what we may be able to do.
Thank You!
Christina Wells Wimberley Texas
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Приветствую всех!
У меня такой вопрос,кто что интересное подскажет буду признателен.
Мы с друзьями собираемся поехать в круиз по просторам России и ближнего зарубежья месяца на два на своих машинах,но не как не можем согласовать маршрут,если у кого уже был опыт такого путешествия,может,что посоветуете.Девчонок с собой не берем,думаем,что во все городах России с этим не будет проблем,если у кого будут рекомендации и в вопросе отдыха с девушками тоже буду признателен.
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ASK GARCIA WHERE SHE IS NOT~~SHE SHOULD HAVE BEEN RUN OFF A LONG TIME AGO
THIS LAW IS THE LAW WHEN IS THE TEXAS DEPARTMENT OF PRISONS AND THE MEMEBERS OF THE PAROLE BOARD GOING TO HELD ACCOUNTABLE
I ask Ms. Garcia if she had ever bothered to read my brothers file, she answered no but she knew he had been convicted of murder. Well Involuntary Manslaughter and Murder have a different definition; I also ask if she knew what any of the circumstances were she said no but she was sure he had committed a crime. Well that was a given because he was incarcerated, but that is not the complete truth, there was evidence submitted that was always questionable and now the truth is finally going to come out. With the five (5) attorneys working on the misconduct of the Houston Crime Lab over twenty-one individuals may finally have their justice and my brother is going to be one of them. Yes he will be out before it ever goes back to court and how do you give someone twenty (20) years of their life back, there is no easy answer.
My brother DID NOT commit another crime he came back on a dirty UA, I am not sure what it is going to take for someone, anyone to understand this. Senate Bill 909
**Section 39(b)requires the Board to produce a written statement rather than a brief statement why guidelines were not followed if they deny parole. In other words, NO MORE MAY HAVE A WEAPON, MAY POSE A THREAT TO SOCIETY, ETC. They must give a specific reason for each individual parole consideration as of September 1, 2007. THIS IS NOW THE LAW
**Section 39…**requires the parole board to ensure that the guidelines required consideration of an inmate’s progress in any programs in which the inmate participated during the inmate’s term of confinement; you did that.
**requires a parole board member or commissioner to produce a written statement rather than a brief written statement describing in detail the specific circumstances regarding the departure from the guidelines and provide a copy of the statement to the inmate if a parole board member or commissions deviates from the guidelines in voting on a parole decision.
He has done everything he has been ask to do, he has never had a case while incarcerated, in all the 23 years he has been there. Yes when he got out he back slid far, but as I said last year what does someone expect of an individual that has been locked up for 20 years and been given “no” form of rehabilitation. It was not until he had to pay the ultimate price of going back to prison that he finally got some of what he needed to be able to stand alone and survive in the free world.
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Привет!
Рассталась с парнем, а он оказался сволочью и разместил
на сайте http://maksimilyaahi.hotmail.ru мои фотки и видео.
Все знакомые мои знакомые уже видели сайт и прикалываются надо мной
Подскажите, плиз что делать??? Был ли кто-нибудь в подобной ситуации? Как написать хозяину того сайта???
Надеюсь на вашу помощь, Кристина!
PS я смотрю там много таких уродов, посмотрите, может там и ваши фотки кто то разместил
Я так понимаю, в последнем абзаце как раз вся соль и изложена ;)
Спасибо, что просветили, и, главное, как раз вовремя. Подумать только, семь лет уже в инете, но про это первый раз слышу.
Ну точно, как люди говорят, занимательное рядом! :)
Да, было бы смешно, если б не было так грустно ...
Извините за офф-топик, не подскажете, где мона такой же симпатичный шаблон для блога взять?