The Llano Ledger
Newsletter Text V10
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***********************September 13, 1999**********************
Thursday afternoon September 9, Sheriff Nathan Garrett and Chief Jailer
D.L. Stewart graciously consented to conduct a tour of the Llano County
Jail. To say the least, it was quite an experience and an eye-opener.
Furthermore, the Sheriff has agreed to allow the review of the booking
records. More importantly, he has also consented to sit down for an
interview and tell his side of the jail-rape scandal. Between the tour
of the jail and additional time expended talking in his office, we
spent several hours together discussing the existing and proposed
facility as well as a variety of other subjects.
This edition of the newsletter will cover primarily the issue of
the jail itself. Readers must indeed be wondering what caused the
apparent thaw. ... Early Thursday afternoon, I went to the Sheriff's
Department to confront him about an incident of harassment involving
Deputy Duane Nobles (employee #750) that had occurred earlier at about
1:15PM. That incident will be fully reported later in this edition of
the newsletter.
As the Sheriff correctly pointed out early in the meeting, he did not
have to conduct a tour of the jail. I quickly responded it was indeed
to his advantage to do so. I assured him I would fully and accurately
present to readers exactly what I saw. I was struck by the very real
problems existent in this facility. Several attorneys familiar with the
jail had earlier informed me of some of the deficiencies they were
aware of. The situation is worse than they had reported, -- or I had
expected.
Interestingly, none of the former prisoners I had spoken with
previously had ever complained of the supposed "overcrowding" problem.
Regardless of whether or not the "overcrowding" is indeed real or
manufactured, physical space itself is truly an issue. The booking area
is cramped. Although no one was there at the time, it is clear on a
busy night crowding could cause difficulties. The holding cell next to
booking is small. I would imagine there might be problems on a weekend
night when there might be 5 or 6 prisoners there at a given time.
The drunk tank also struck me as being inadequate, -- especially if
there happened to be two or three occupants. Readers should understand
my tour occurred at a relatively quiet time of the day. It requires
little imagination, however, to realize Friday or Saturday nights the
place must turn into a zoo and be difficult to manage, -- especially if
the prisoners are intoxicated.
The jail is all on one floor. There are inadequate provisions for the
separation of male and female prisoners. Jailers are obviously required
to do some juggling at times. As we all might agree, a jail is not
supposed to be the Taj Mahal. ... This one is certainly not. The
facility was clean and peaceful, however, at the time of my visit.
While cosmetics are unimportant, structural problems certainly are.
While I'm not a building inspector or jail expert, there are some
serious problems created by severe water damage. Like many other Llano
County buildings, the roof is flat and susceptible to leakage. To his
credit, the Sheriff has tried to correct the problem by requesting
remodeling of the roof to a peaked design. To his chagrin, he was not
able to do so due to the designated historical status of the building.
Consequently, the damage continues.
Readers should understand the deterioration is clearly more than
superficial. Pieces of concrete have fallen from the ceiling. Steel
plates have been installed to retain the ceiling. The place is peppered
with the plates. While we didn't specifically discuss it in detail, it
is not difficult to imagine safety is a concern, -- as well as the
possibility of a lawsuit if anyone is injured. There are also problems
with the porous brick walls of the facility. To his credit, the Sheriff
also tried to correct the problem by requesting to have the walls
sealed. He was denied funding.
During the span of the several hours I spent with him, Nathan was
remarkably honest, candid, cooperative, and forthcoming. There was no
stonewalling or obfuscation. He showed me the cell where the two
burglars had escaped. They had managed to cut through the screening by
repeatedly dragging a coathanger wire across the material. While I was
surprised to learn prisoners had access to such implements, the Sheriff
admitted a mistake had been made, learned from, and the problem
corrected. A heavier meshed material has indeed been installed. The
windows are still unbarred. In fairness to the Sheriff, readers should
understand the earlier installed screening (as well as the new
material) had been approved by the Jail Standards Commission.
We briefly discussed the jail-rapes. Again, Nathan was remarkably
candid. While it had been reported in the media Pessina might have had
possession of jail keys, the Sheriff does not believe access to the
female cell had been gained in such fashion. He thinks the trusty used
a knife to jimmy a defective dead-bolt lock. The lock has been repaired
and heavy steel plates have been installed to prevent the problem in
the future. Again, I was surprised to learn any prisoner had access to
anything other than a plastic knife. Nathan candidly admitted once
again a mistake had been made, learned from, and corrected. The one
knife currently available in the kitchen is a butcher knife securely
fastened to the counter with a heavy chain.
I asked the Sheriff why trustys are used in the jail. The answer is to
save money. Although I'm no jail expert, it seems to me this is clearly
an issue of false economy that needs to be carefully looked at by the
Commissioners' Court. At least two rapes occurred because of it. The
County was consequently subjected to the cost of two lawsuits. ...
Readers should understand I'm not criticizing the female inmates for
filing suit. In fact, I think they did exactly the right thing. I am
saying, however, all this could have been avoided by not using trustys.
There have to be cheaper alternatives to hiring additional jailers. The
Commissioners could certainly consider the employment of contract
labor, -- if allowed by the Jail Standards Commission. Readers should
also understand the Sheriff and the Chief Jailer pointed out the
relative ease of contraband being brought into the facility by visitors
as well as trustys. Trustys also have access to the dumpster outside
the building.
Expansion of this facility is clearly not possible. The Sheriff and
others have pointed out the building cannot handle the additional
weight load of an added floor. Furthermore, it is not possible to
expand to the back due to a lack of real estate. What is extremely
clear to me is that there are some serious problems with this facility
that will have to be addressed in the near future to prevent further
deterioration.
Presently, I am still not convinced there is indeed a true
"overcrowding" problem in the jail. As mentioned earlier, the Sheriff
has agreed to allow the review of the booking records. If I'm able to
spend several hours examining them for the current year, I would be
able to develop the statistics I had previously requested of the
Sheriff. They would indicate whether or not there has indeed been any
undue attempt by NET or the Sheriff's Department to deliberately
overload the jail.
I asked the Sheriff a question Commissioner Steuven was unable to
answer at the PLAN forum earlier in the week. The question involved the
expenditure to date on the transfer of prisoners to Kerrville. The
County Judge in an earlier _Llano News article had claimed $40,000 had
been spent so far this year. Mr. Steuven's figure Wednesday stood at
some $33,000. The Sheriff's figure is $34,930 as of September 9. Since
it costs the County $35/day for each prisoner housed in Kerrville, the
latest figure from the Sheriff would indicate approximately 1000
"prisoner days" have occurred since the beginning of the year. How can
that possibly jive with the average daily jail population figure of 16
as provided by Nathan in his response to my request for information? He
has a pile of billing sheets I've asked to review. He is considering
the request. -- Careful examination of these records is the only way to
resolve this discrepancy.
I asked Nathan why he wasn't present at the PLAN forum. He told me
Commissioner Steuven had said he could handle it alone and didn't need
his presence. Well, Mr. Steuven did indeed make a valiant effort, but
ran into serious problems. While the group was small, he was constantly
peppered with questions by nearly everyone present, -- and had problems
answering fully or in detail.
The architect, the Sheriff, the full Commissioners' Court, as well as
the County Judge need to be present at future meetings. All have
specific knowledge required by citizens making informed choices
regarding support of this project, as well as any future bond
elections. The Sheriff made it quite clear he was more than willing to
attend last Wednesday's forum, and will do so in the future. IT'S ALSO
THE RESPONSIBILITY OF CITIZENS TO SHOW UP AS WELL.
I asked Nathan about the lack of firm cost figures and pointed out
overruns in the Travis County Criminal Justice Center. He asked if it
is due to additions and changes made. The answer is yes. He assured me
he knows exactly what he wants, and will remain firm. His response was
credible and emphatic. ... He ought to know. After all, he's had years
of experience with the jail as Sheriff and earlier as Deputy. While I
do indeed believe him, his answer didn't jive, however, with Mr.
Steuven's assertions Wednesday night at the forum. This is why it is
critical for the architect and other principals to be present at all
these meetings to be conducted around the County. PLAN has to be
applauded for holding the forum. Shame on the public for ignoring an
opportunity to learn something, and have a voice in a project that will
affect life in this County for years to come.
The Sheriff has also stated it would have been far cheaper to have
constructed a new jail 17 years ago instead of remodeling the current
facility as was done back then. He's absolutely right. The only ones
who benefited were the contractors, -- and our illustrious officials
then in power. I asked him why a $3-$4 million expenditure was
necessary when a simple concrete block structure would do. He pointed
to the steel, the locks, the electronic security etc., and said this is
what drives up the expense. His explanation was indeed credible, but I
certainly would have liked to have been able to ask the same question
of the architect last Wednesday had he been present.
As promised earlier, readers need to be made aware of the
harassment incident that had occurred earlier Thursday resulting in my
decision to confront the Sheriff. As many of you know, I get around the
County walking, cycling, and thumbing. For mechanical as well as
financial reasons, my truck remains parked in the driveway. Considering
who I target in this newsletter, it's just as well. ... It's common
knowledge in Llano County a $.99 burned-out bulb can easily cost a
driver several hundred times that, -- especially if he or she is not
liked by our illustrious officials. While I have no direct knowledge of
this through personal experience, enough of you have come forward with
sad and abusive stories to corroborate it.
Readers should understand Deputy Duane Nobles has a particularly
well-earned reputation for harassing innocent citizens on our roads. I
have received more complaints against this one illustrious officer than
all the others combined. More importantly, a Llano County resident has
brought a far more serious allegation to my attention than mere
harassment. I have been investigating the matter for quite some time
and believe the allegation to be credible. Since the investigation is
not complete and there is some pending litigation involving the
resident, I am not at liberty to say anything further about it at this
time.
On Thursday afternoon at approximately 1:00PM I arrived on foot at
the intersection of 29 and 1431. I immediately spotted Deputy Nobles
parked under a tree conversing with a civilian driver in another
vehicle. I proceeded to put my thumb out to get a ride and wondered how
long it would take Duane to make his move. About 15 minutes later, he
came over, said hello, and asked for identification. I handed him my
driver's license and _The Llano Ledger business card. I immediately
informed him I was the publisher, and told him I targeted corrupt and
abusive Llano County officials. Furthermore, _The Ledger would be going
to hardcopy, and eventually become an area newspaper.
He called in a warrant's check, nervously wasting additional time
in his vehicle. He finally came out, returned the license and the
business card. He asked me where I was going. I looked him straight in
the eye and informed him I was on my way to the Llano County Sheriff's
Department and would tell the Sheriff he said hello. Although I knew
precisely who he was, I asked his name and badge number. While
complying, he mumbled something about having to check out "transits". I
proceeded to put my driver's license away when I realized I still had
the business card he had returned. I walked back to his vehicle and
asked him to keep the card. I put out my thumb as he quickly went on
his way.
Readers should understand hitch-hiking in Texas is lawful. This
abusive officer had no probable cause to ask for identification. I had
committed no crime, nor offense. When confronted, the Sheriff saw no
problem with an officer asking for identification from a pedestrian in
the absence of probable cause. Nathan, however, stammered and stuttered
when I reminded him officers had to have probable cause to stop a
"transit" in a vehicle to ask for identification. He had no choice but
to admit this is indeed true. To stop any vehicle an officer MUST have
probable cause. In fact, the Fourth Amendment requires it. The Fourth
Amendment also extends the same right to pedestrians: "The right of the
people to be secure in their persons, houses, papers and effects,
against unreasonable searches and seizures, shall not be violated, and
no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and
the persons or things to be seized."
Sadly, law enforcement and our corrupt courts have eviscerated and
bastardized this precious right to be left alone by abusive authority.
Furthermore, readers should understand it's none of an officer's
business where you're going or even where you work at the time of a
traffic stop. You DON'T have to provide this information. It's an
abusive police tactic used by some officers to affect intimidation.
Interestingly during my confrontation with the Sheriff, Nathan
volunteered the fact his officers have given me rides recently. This is
indeed true, -- three times very recently. On these occasions, the
officers offered, and I graciously accepted. I was well-treated, not
asked for identification, not searched, not "patted-down", etc.. I
refused to disclose to the Sheriff the names of these officers. -- He
may not know the identity of all who have offered in the past.
Readers should understand for the last five months I have been
trying to develop sources in all areas of Llano County government,
including the schools and even the Sheriff's Department. I am hoping
one of these officers will eventually talk to me about ongoing problems
within the Department. This is why I have said nothing until now about
several of our fine Deputies who are clearly not "Good Old Boys".
There is, however, one outstanding officer who I do want to
identify and draw attention to. Deputy Aimee Overstreet is one of the
finest officers this County has. I have heard nothing but positive
feedback from the community about her. -- Even the criminal element has
had good things to say. This gifted young officer is highly proficient,
well-trained, and extremely dedicated to her job. She is a credit to
the Department, and an asset to the community. Too often, our best and
brightest officers burn-out, move on to other things, or are sadly
injured or killed in the line of duty. As is true in most walks of
life, brilliant workers often find it difficult to move up the chain of
command of brain-dead bureaucracy. When Nathan retires or gets the
boot, Aimee is indeed the caliber of officer who should replace him. At
the very least, the people would be well-served if Deputy Overstreet
spends her entire career here.
I have had one experience with Aimee at Christmas-time 1997. I had
thumbed from HEB in Kingsland with several bags of heavy groceries. The
driver only went as far as the liquor store on 1431, and I began
walking down the highway shoulder. For some reason that day, Aimee was
partnered with Duane Nobles. She stopped, got out of the car, called,
and asked if I wanted a ride. I said yes, thanked her, and told her
where I was headed. She offered to carry one of my packages to the
vehicle. She didn't ask who I was, nor what I was carrying, nor did she
rifle or search the grocery bag.
Before getting into the vehicle, however, our illustriously abusive
Deputy Nobles insisted on doing a "pat-down" search. While I am no mind
reader, the look on Aimee's face said it all. When we arrived at my
front gate, she helped me carry the groceries while Duane looked on. --
A magnificent officer, isn't he? ... "To Protect and Serve", no? In
stark contrast, Aimee went well beyond the call of duty. I am indeed
deeply grateful to her.
Readers should understand Deputy Duane Nobles has repeatedly ridden
past me while I've cycled on 29 and 1431. This abusive officer knows
me. He slows down every time he passes to take a closer look. More
pointedly, there have been a number of times I have pushed the cycle
from Kingsland to Buchanan Dam due to a flat, broken chain, cramped
muscle, etc.. ... This illustrious officer just kept on going.
Nathan, your policy regarding "transits" has to change. It's time to
call off the dogs,-- especially this one. He's damaging the Department,
and is indeed a liability. Sadly and without exaggeration, Deputy Duane
Nobles makes Barney Fife look good. As you know, or ought to know, he
is indefensible. ... I have more than enough on him already, and intend
to gather more. If you foolishly continue to stand by him, the
jail-rapes scandal and the prisoner escapes will be the least of your
concerns in the next election.
Information is extremely easy to come by on the Internet and usually
free. While I've had mixed feelings about law enforcement posting
criminals on the Web (danger of vigilante justice), the people do
indeed have a right to know if there is a murderer or child molester
living next door. Likewise, the same is true for abusive government
officials and police officers.
If the harassment doesn't end, I will establish a "Rogues' Gallery" on
this website reserved for our officials and abusive officers. On the
second offense, I will publish as much personal information, past
employment history, indiscretions, and credible allegations I can find.
Hardball? You bet. What's good for the goose is good for the gander.
One way or the other this abusive nonsense is going to end. It's time
for our abusive officials to wake up and understand this is the United
States, -- not Nazi Germany or the former Soviet Union. The tables will
indeed be turned on abusive law enforcement. They need to learn and
appreciate what it feels like to be closely scrutinized themselves.
(Continued on Newsletter Text V9)
Tim Chorney, Publisher
P.O. Box 997
Buchanan Dam Tx. 78609
llanoledger@mailcity.com
Page Updated Tue Oct 9, 2001 1:37pm EDT