The Llano Ledger


Newsletter Text V12

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*******************October 4, 1999****************

The snail-mail request to the Sheriff seeking access to the booking records, (posted in last week's edition), finally produced its intended effect. Investigator Jay Bauman and Sheriff Nathan Garrett, letter in hand, paid a visit at the Main Branch of _The Llano Library to discuss the issue last Monday afternoon.

Interestingly, Mr. Bauman assured me he had not checked his e-mail for two weeks. (Readers will remember I had twice e-mailed the request on Sept. 16 & 22.) His explanation was credible. ... Six months ago, I wouldn't have believed it. Having closely observed the bureaucracy all these months, nothing surprises me any longer, and nearly anything is plausible.

The Investigator further remarked they're busy. He's right. They are. ... Not too busy, however, for both men to arrive at the library. The pow wow, however, resulted in the scheduling, finally, of an appointment to view the booking records, Thursday, Sept. 30 at 9:00AM. I was granted two hours, and will return to continue the examination.

The task will require a considerable amount of time since I intend to do a thorough and meticulous job. The Chief Jailer was accommodating and helpful. The examination is painstaking due to problems of legibility, abbreviations, agency affiliation of officers not listed, etc.. I do have to admit, however, the penmanship in the records is far better than my own.

While the booking records alone will not provide sufficient data to develop all statistics I had requested from the Sheriff, I should be able to determine whether or not the "overcrowding" problem is indeed real or manufactured. If not satisfied, however, I wouldn't hesitate to seek additional public records from the four JP courts, as well as the County and District Courts. Since bail amounts are not available in the booking records, I may indeed have no choice.

Since I've only examined the data for the month of January, it is too early to develop any firm conclusions. One thing that particularly struck me, however, was the sheer number of prisoners moving through the jail. Most of them stay only a day or two. The Sheriff agreed with this observation. Many of the charges are relatively petty, such as Driving With Suspended License (DWSL). Most such offenders are incarcerated overnight and released.

I asked Nathan if there wasn't a better way of handling this type of offense. He correctly pointed out if the driver is not jailed, he may wind up driving the vehicle home. (If another driver is not immediately available.) Should this happen, the Department could be held liable for any accident or other mishap. This is certainly a problem and valid concern. Why can't the system be changed to allow costly towing and impoundment of the driver's vehicle in such cases? ... Shift the financial burden to the offender rather than the taxpayers.

While the Sheriff's Department has no direct control over the setting of bond, I came across one child abuser who was released on a personal recognizance bond by a magistrate. While I don't have any further knowledge at this time of the circumstances, this is certainly of concern.

While all this is preliminary, there will be much more to come in future editions as I continue the examination and development of the statistics. The Sheriff also finally granted access to the Kerrville billing sheets. As I pointed out to Nathan, my concern was with the average jail population figure provided (16), and the "headroom" between that figure and the maximum of 19 allowed by the Jail Standards Commission. In other words, why wasn't he running the jail closer to the maximum allowed to save the expense of transferring prisoners to Kerrville?

Like everything in life, the answer is not simple or easy. First of all, the Jail Standards Commission recommends a jail occupancy figure of no more than 15. While the population may exceed the maximum allowed (19) briefly, if it is extended or occurs at the wrong time or under the wrong circumstances, pressure is brought to bear at the time of review.

In addition, there are prisoner separation requirements imposed, sometimes necessitating a prisoner transfer to Kerrville. For example, prisoners charged with felonies have to be separated from those with misdemeanors. Convicted felons must be separated from prisoners only charged with felonies. Some misdemeanor prisoners must be separated from one another depending upon the nature of the charge.

Female prisoners must be separated by sight and sound from male prisoners. The Sheriff has clearly indicated there is quite a bit of juggling required. His assertion is credible. He has also stated the faulty electric gate, resulting in the recent escape, has been permanently repaired.

The following is a table of monthly Kerrville billing figures compiled from the billing sheets provided by the Sheriff. The average stay/month was calculated by dividing the number of "prisoner days" provided on the billing sheets by the number of prisoners for a given month.

************************Fig. 1.***********************

Month #Prisoners #Prisoner Days Avg.Stay(D) Mo.Tot.Cost
Jan*******9*************130********14.4*******$4,550.00
Feb*******7*************122********17.4*******$4,270.00
Mar*******8*************120********15.0*******$4,200.00
Apr******18*************316********17.6*******$11,060.00
May******9**************166********18.4*******$5,810.00
Jun*******2***************32********16.0*******$1,120.00
Jul********3***************71********23.7*******$2,485.00
Aug*******1***************31********31.0*******$1,085.00

Cost/Prisoner Day = $35.00
Total Cost (Jan-Aug) = $34,580.00
Avg. of Avg.Stay = 19.2 days
Cost of Medication = $99.15

The Avg. of Avg.Stay statistic is skewed by the relatively small number of prisoners transferred from June to July. From the monthly Avg.Stay figures, however, it is clear the Sheriff is wisely attempting to transfer only prisoners expected to be incarcerated a considerable amount of time. After all, it is not in his best interest to run a "taxi service" to Kerrville. In addition to transportation expenses, each trip requires at least one and sometimes two officers. As all might reasonably agree, our officers are better utilized patrolling our community than transporting prisoners.

Several attorneys have privately complained of being denied reasonable access to their clients incarcerated in Kerrville. This is a valid concern and a possible lawsuit generator in the future. While I certainly would like to see the Sheriff maintain a higher jail occupancy average rather than transfer inmates to Kerrville, his explanation regarding prisoner separation requirements is indeed credible and reasonable.

Again, there are no easy answers. While it is too early to determine if there's been any deliberate overloading of the jail by NET or others, there are a substantial number of prisoners being briefly held on relatively minor charges. In fairness to the Sheriff, this is very preliminary and an incomplete impression based only on the "eye-balling" of January's raw data. Interestingly, Kerrville transfers dropped significantly from June to August. It will be equally interesting to see if the trend continues. As the examination of the booking records proceeds, I'll have more to say about the Kerrville billing records and how they relate to jail operations. There is much more to come.

Intellectual honesty demands I disclose to readers the personal bias I bring to this issue. I strongly believe our jails and prisons should be reserved for our worst offenders, -- particularly violent ones. I also believe habitual criminals need to be incarcerated for lengthy terms. I equally believe relatively minor crimes are far better handled by shifting the financial burden to the offender, rather than the taxpayers.

Stiff fines and new laws requiring garnishee of salary and wages, etc. are a far better way to go than incarceration in most minor cases. Lengthy community service is also an excellent means of handling petty offenses. I think we need to look at far more creative methods of handling the criminal element, -- while protecting the financial interests of taxpayers as well as the safety of all citizens.

Readers should also understand some prisoners choose to "lay out" a fine. Rather than pay, they prefer to sit in jail. Each day of incarceration counts as a $100 credit to the fine. Many offenders don't earn $100 daily in their low-paying jobs. Upon release from jail, they return to work, or easily find other minimum wage employment. Sadly (and with no joke intended), many offenders live better in our jail than at home.

Clearly, "laying out" a fine allows the offender to essentially circumvent punishment while literally eating at the expense of taxpayers. There is no quick and easy solution to this problem. We do, however, need to develop a strong garnishee system to combat this. Of course, this would require legislative action. ... Good luck, right?

While the Sheriff and the jailers have tightened security regarding female inmates, there are problems remaining. Only one cell is routinely used for females. The cell has two beds. Nathan asserts four have been housed at a time. A former female inmate has informed me there were six at one point. As previously mentioned, male and female prisoners are to remain separated by sight and sound. Yet, the female cell is directly opposite the kitchen where male trustys routinely prepare meals. Worse yet, these trustys deliver meals to the women through a food tray slot door called a "bean hole".

Making matters worse, female jailers are not always on duty while female prisoners are housed. This is of considerable concern to several former female inmates I have spoken to. Although the lock has been repaired and security improved, the women are still quite concerned, -- rightfully so. Although I'm no jail expert, the continuing use of trustys is troubling and another lawsuit waiting to happen, ... or worse. While supervision is clearly better, is it good enough? The women certainly don't think so.

Judge Sam Sparks, in an order issued during the first jail-rape civil trial, related a humorous story illustrative of a problem yet to be solved. A female jailer, who was not a defendant in the lawsuit, had caught a trusty trying to talk to his "girlfriend" at the door of the female cell. The matron responded by giving the offending prisoner a swift kick to the butt. The judge of course questioned the effectiveness of the "discipline" and its "questionable deterrent quality".

While he's absolutely right, there is indeed some comic relief in the picture painted here. Clearly, it must have been a classical "Kodak moment", no? Can you imagine the trusty bent over, apparently intently peering through the "bean hole", when ... BAM!!! -- A female jailer delivers a swift kick to home plate, literal grand seat of all knowledge and secure repository of a vast and overwhelming brain trust, no? ... Think his IQ improved any? Can you just hear him later whining to other inmates: "I can't believe she kicked me in the a--!!! ... I didn't do 'nuttin'." -- Don't you love it?

All joking aside, this is going to be an ongoing behavioral problem and possible lawsuit generator as long as trustys continue to be used. In fairness to the Sheriff, he is not free to do as he pleases. He has to answer to County Commissioners, the Jail Standards Commission, the judicial system, and other bureaucratic agencies. With so many involved in the operation of the facility and numerous factors to be considered, the jail may indeed not be operating as effectively, efficiently, safely, and prudently as it could or should.

There is clearly an ongoing bureaucratic problem that might lead to further criminal activity and additional lawsuits in the future. While a new facility would indeed alleviate some existent difficulties, problems within the jail apparently run far deeper. Readers should understand this is only a very early and preliminary impression. There is far more digging to do.

After reading Ms. Wisdom's recent letter, the Sheriff changed his mind and reneged on the jail-rapes interview. The offer stands, should he reconsider. ... Nathan, this issue is clearly not going to disappear, nor be swept under the rug. There are far too many unanswered questions. This scandal has been carefully and painstakingly looked into over the last six months, -- and will continue to be.

Sadly, I haven't even scratched the surface yet. Having viewed a number of court documents, there are indeed some serious questions as to whether or not these women received fair treatment at the two civil trials. Worse yet, District Attorney Sam Oatman apparently pre-emptively denied these women justice in the criminal system by his failure to fully prosecute the trusty. This issue is not going to die, and there will be much more to be presented during coming months in this publication. Sadly, there is a crying need for an independent criminal investigation of our illustrious prosecutors and their cronies for this, as well as other questionable activities.

Indeed, sunlight is the only effective remedy and sadly the only apparent way to prevent this terrible injustice from repeating itself in the future. Sooner or later, enough public pressure will be brought to bear compelling the Sheriff to open up and address the issue either here, or in another media outlet.

In an update to a story originally reported August 9, the Llano Memorial Healthcare System (LMHS) Board has made a final decision to build a new healthcare facility in the Marble Falls area. The structure will cost $9 million, and there will be an additional $3.5 million in equipment.

I have informally requested a copy of the independent study conducted, leading to the decision. If LMHS Administrator Ernie Parisi fails to comply, a formal request will be made under the Texas Open Records Act. Indeed, the entire issue will be carefully looked into by this publication. After all, LMHS is a quasi-governmental agency. If the project fails, the taxpayers could be left holding the bag. ... More to come.

Finally, the Sheriff's Department is looking for the "Good Samaritan" in the Kingsland area who rendered aid to a 60 year-old sexual assault victim September 19. The victim had been picked up earlier that morning and taken to the Circle K Store by this individual. If you are (or know) this person, be sure to call Investigator Jay Bauman at 800-832-9271 or 915-247-5767.

P.S.: Sorry about the table (Fig. 1 ) not being clearer. I had considerable problems with the software and need to learn how to use it properly.

Tim Chorney, Publisher



Tim Chorney, Publisher
P.O. Box 997
Buchanan Dam Tx. 78609

llanoledger@mailcity.com

Page Updated Tue Oct 9, 2001 1:36pm EDT