I represented Ephraim Wilson who will soon be released from prison. Mr. Wilson was arrested and charged with the aggravated robbery of an Eckerd's store in 1996. There were several eyewitness and one eyewitness selected Mr. Wilson out of photo line-up 43 days after the robbery. Mr. Wilson sat in the Dallas County Jail waiting for trial...and he waited...and waited. In all, Mr. Wilson was detained for 18 months before trial. By this time, Mr. Wilson lost his job, his family was visiting less and less often. Additionally, Mr. Wilson's confindence in his lawyer was quickly diminshing. Mr. Wilson knew he was innocent but did not believe that his lawyer would be able to prove it. On the fourth and final trial date, Mr. Wilson was forced into a difficult corner; the prosecutor offered the golden nugget of plea deals - seven years probation. Mr. Wilson took the deal.
Years later, the court revoked his probation and sentenced him to 20 years imprisonment. This is where I came in. Mr. Wilson filed a post-conviction writ alleging that he was actually innocent of the robbery and the court appointed me.
Mr. Wilson alleged that one of the three robbers (Tory Jackson) would be willing to testify that Mr. Wilson was not involved in the robbery. We held a hearing and the robber testified that he committed the robbery with two other men and Mr. Wilson was not involved. Jackson was convicted for the robbery in 1997 and was out on parole.
You might ask, why was this information not presented when Mr. Wilson was first arrested? You see, Jackson and Mr. Wilson did not know that each other were charged with the robbery. It was not until they were put in the same jail unit that they knew. Mr. Wilson immediately told his lawyer to interview and subpoena Jackson to testify at his trial. Whereas Jackson was subpoenaed, the lawyer never interviewed Jackson to see what he would have said. Moreover, Jackson did testify at his own sentencing hearing where he did not name Mr. Wilson as the robber.
Last week, the Court of Criminal Appeals agreed with the district court and granted relief for Mr. Wilson. The proseuctor informed me that that office would dismiss the case. He's free. Sometimes, practicing law feels really good.
Wednesday, September 29, 2010
Thursday, September 2, 2010
TYC still can't get its sh$! together
http://www.texastribune.org/texas-state-agencies/texas-youth-commission/advocate-abolishing-tyc-could-be-best-fix/
Texas Appleseed, Advocacy, Inc., Center for Public Representation and National Center for Youth Law sent a letter to the Department of Justice this week urging for help with the Texas Youth Commission.
TYC underwent (some) reforms three years ago after the tragic scandal broke involving physical and sexual abuse of the children by the guards. The DOJ letter alleges that despite efforts, children at TYC report not feeling safe.
"Safety concerns, particularly at lockups in Corsicana and Beaumont, were the most urgent problems advocates identified. Every single youth interviewed at the Al Price Unit in Beaumont reported feeling unsafe, Fowler says. “They described riots and frequent fights. The first youth we talked to had a broken jaw,” she says. Staff members at the unit were so concerned that the young man would get reinjured, she says, that they placed him in secure confinement. “This kid just sat in security for over a month because they were so afraid to put him with the other kids,” she says."
The letter also cited to a major lack of mental health care. "[I]n Corsicana, a facility specifically intended to house up to 145 mentally ill youths, there are just four staff psychologists, one psychologist intern and a part-time psychiatrist — and no social worker."
TYC officials responded that it had made significant improvements since 2007.
TYC continues to be a troubled institution. This is one of those things about Texas that makes me mad. We do not have to re-invent the wheel everytime. All other states have juvenile offender units and programs. What are they doing? What works? How can we bring the best other states have to offer to Texas? Why are juvenile offenders in other states not being beaten and raped but our children are?
Texas Appleseed, Advocacy, Inc., Center for Public Representation and National Center for Youth Law sent a letter to the Department of Justice this week urging for help with the Texas Youth Commission.
TYC underwent (some) reforms three years ago after the tragic scandal broke involving physical and sexual abuse of the children by the guards. The DOJ letter alleges that despite efforts, children at TYC report not feeling safe.
"Safety concerns, particularly at lockups in Corsicana and Beaumont, were the most urgent problems advocates identified. Every single youth interviewed at the Al Price Unit in Beaumont reported feeling unsafe, Fowler says. “They described riots and frequent fights. The first youth we talked to had a broken jaw,” she says. Staff members at the unit were so concerned that the young man would get reinjured, she says, that they placed him in secure confinement. “This kid just sat in security for over a month because they were so afraid to put him with the other kids,” she says."
The letter also cited to a major lack of mental health care. "[I]n Corsicana, a facility specifically intended to house up to 145 mentally ill youths, there are just four staff psychologists, one psychologist intern and a part-time psychiatrist — and no social worker."
TYC officials responded that it had made significant improvements since 2007.
TYC continues to be a troubled institution. This is one of those things about Texas that makes me mad. We do not have to re-invent the wheel everytime. All other states have juvenile offender units and programs. What are they doing? What works? How can we bring the best other states have to offer to Texas? Why are juvenile offenders in other states not being beaten and raped but our children are?
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