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Thread: Texas Jails Rape Victim to Ensure Her Testimony

  1. #1
    Elite Member witchcurlgirl's Avatar
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    Default Texas Jails Rape Victim to Ensure Her Testimony

    A Texas Prosecutor Jailed a Rape Victim


    To ensure she’d testify against her attacker, the prosecutor locked up an innocent woman in a notoriously hellish jail.

    Her experience in jail would have been awful even if she’d been a convicted criminal. But she wasn’t—she was a rape victim who had been incarcerated by a prosecutor worried about the possibility of her not showing up to testify at trial against her attacker. Thanks to a little-known legal instrument known as an “attachment order,” the district attorney in Harris County, Texas, forced the woman to spend an entire month in a notoriously hellish jail despite not even being accused of a crime—all because he feared that she would fail to appear at a court date during which she was supposed to provide testimony against a now-convicted rapist. During her time in the jail, according to a lawsuit filed earlier this month, she was beaten by a fellow inmate, treated like a sex offender by medical staff, and punched in the face by a guard.


    The woman, who has been identified in a recent investigation by news station KPRC as “Jenny,” was originally supposed to testify in the rape case against Keith Hendricks on Dec. 8, 2015. But her testimony was interrupted when, according to her lawsuit, she had a “mental breakdown” on the stand. The judge in the case ordered a month long recess on account of the approaching holidays, and Jenny was taken to a hospital for evaluation and treatment.


    As detailed in the KPRC investigation, it was during Jenny’s stay at St. Joseph Medical Center that prosecutors received clearance from a judge to detain her after her discharge. When Jenny checked out of the hospital on Dec. 18, an armed investigator with the Harris County DA’s office showed up and arrested her, placing her in handcuffs and transporting her to the Harris County Jail.


    According to Jenny’s lawsuit—which names the assistant DA who secured her detention as a defendant, along with the county sheriff and the county itself—the court order that resulted in her incarceration was “unauthorized” because she had not been subpoenaed and lived outside the jurisdiction of Harris County.


    While attachment orders, or “witness bonds” as they are also known, are sometimes used around the country for legitimate purposes, they are supposed to be invoked when a material witness under subpoena is considered a flight risk: According to Jenny’s lawyer, Sean Buckley, they are usually reserved for cases involving illegal immigrants who might be scared to testify out of a fear of deportation, people who are considered co-conspirators of the defendant, and suspected gang members.


    The woman in this case, to reiterate, was a rape victim with a mental illness. According to the suit, however, that did not stop jail staff from classifying her in their computer system as a defendant in a sexual assault case—an oversight that later led medical staff to question her “orientation” to reality and to note her “confused” belief that she was a victim rather than a perpetrator. To make matters even worse, Jenny was placed in general population rather than in the jail mental health ward—a “deafening environment swarming with hostile, predatory, and violent inmates and convicts, and overseen by callous, understaffed, and impatient jail guards,” according to the suit.


    The suit details two physical assaults the woman endured while locked up at the jail: The first allegedly came at the hands of an inmate who slammed her head against the floor, and the second was the result of an altercation with a jail guard who punched her with a closed fist while she was having an “acute psychiatric episode.” That guard, who is named as a defendant in the suit, later asked the district attorney’s office to press felony assault charges against Jenny—a request that was, shockingly, granted. Though the charges were eventually dropped, it was not until about a week later, meaning that Jenny had to spend an extended period of time living in fear of a possible 10-year prison sentence.


    It was not until Jan. 11, about three weeks after her incarceration, that Jenny was brought to court to testify in the rape case. According to her lawyer, she had to appear wearing clothing lent to her by prosecutors—a “humiliating” ensemble that included a pair of jail-issued rubber orange shoes. Three days after she appeared on the stand, she was finally released from jail. Her rapist, meanwhile, was convicted and given two life sentences.


    The Harris County prosecutor’s office did not respond to a request for comment. However, district attorney Devon Anderson earlier issued a video statement on Facebook in response to the KPRC investigation, in which she stated there were “no apparent alternatives” that would have guaranteed “the woman’s safety and her appearance at trial.”


    Anderson said her office was compelled to use an attachment order in this case because the woman called to testify was homeless and mentally ill. “If nothing was done to prevent the victim from leaving Harris County in the middle of trial,” she said, “a serial rapist would have gone free.” Anderson also stated that Jenny had indicated she was unwilling to testify again.


    Buckley, the woman’s lawyer, told KPRCthat Jenny was not in fact homeless and that Anderson should have known that because “her investigators were the ones who went there to pick Jenny up at her apartment and bring her to Houston to testify.” He told the New York Timesthat while it was true his client had indicated she might not testify a second time, she did so “while she was having a mental breakdown.”


    Jenny’s living arrangements don’t matter. Someone who hasn’t been accused, let alone convicted, of a crime should not have to spend time in jail—especially if they are known to have a mental illness. If it’s true that the prosecutor’s office has no alternative, as Anderson suggested in her video statement, that’s a problem. Incarcerating an innocent should not even be an option.


    A Texas prosecutor jailed a rape victim to ensure her testimony against her attacker.
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  2. #2
    Elite Member greysfang's Avatar
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    OMFG. Please tell me this is The Onion .
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    czb
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    that sounds horrific

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    Elite Member ShimmeringGlow's Avatar
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    DA Strongly Defends Decision to Jail Rape Victim for Nearly a Month

    by Ronn Blitzer | 4:53 pm, July 22nd, 2016
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    Earlier this week, I wrote about the Texas prosecutors who sent a rape victim to jail for nearly a month in order to make sure she testified at trial. The woman, identified as Jane Doe, is suing Harris County, their Sheriff, and members of the District Attorney’s office. Harris County District Attorney Devon Anderson released a video statement in response to coverage of the story by news outlets, addressing local KPRC in particular. In the statement below, Anderson defends her office’s decision to put Jane Doe in jail, saying that she was homeless and facing a “life-threatening mental health crisis,” so there was no way to assure that she would come back to court on her own.

    After the statement was released, Jane Doe’s attorney Sean Buckley told KPRC that Doe was not homeless at the time, and that Anderson’s office knew this. After all, he said, “her investigators were the ones who went there to pick Jenny up at her apartment and bring her to Houston to testify” when she appeared in court back in December. “Now that I know the district attorney’s office is willing to lie to the public about the facts of this case,” Buckley said, “I’ve got to protect my client. I’ll be sending out subpoenas for their emails and phone records.”

    What bothers me the most about Anderson’s statement is how she appears genuinely angry that there’s backlash over jailing a rape victim. She could have expressed sympathy for Doe, and explained to viewers that despite the extremely sensitive nature of the situation, her office felt it was in the best interest of achieving justice in the case to make sure she testified. She could have acknowledged that it’s reasonable to be sympathetic. Instead, she says, “This office has a long history of supporting victims of crime. To claim otherwise is outrageous.” It’s as if she’s saying, how dare she be accused of making a mistake, and how dare all of us for being upset by it! Disgusting.
    Yet she had the nerve to say, “seeking justice for crime victims is what this office is all about.” Really? Because it’s pretty clear that the office didn’t give a damn about the victim in this case. Anderson said that Doe had a “life-threatening” mental condition, yet prosecutors didn’t even ask that she be placed in the Mental Health Unit, according to the Sheriff’s statement.
    Even if one could somehow justify the prosecutors’ actions in this case (which I certainly do not), how could you not even express sympathy for the victim? District Attorney Anderson and her office have lost sight of what their jobs are supposed to be about. The insensitive manner in which she has addressed the situation gives her office and her profession a bad name.


    DA Strongly Defends Decision to Jail Rape Victim for Nearly a Month | LawNewz




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    he should be removed from the da's office, sued and arrested.
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    Horrible. I understand the need for her to testify, but couldn't they have placed her in a safe house? Holding her such an unsafe environment, I'm surprised she testified. I give kudos to her for being strong and sending the rapist to prison. She did the right thing.

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    This story is horrendous. How is it possible that they can detain a victim and force them to testify? Is that even legal? Let alone incarcerate her after she's had a breakdown.

    Are there no hotels in Houston they could have put her up in with an armed guard, if they were so against getting proper medical treatment at a mental health facility?
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  8. #8
    Elite Member greysfang's Avatar
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    It was cheaper to just throw her into gen pop, of course. That DA needs to be disbarred and so does the judge who allowed it.
    Kittylady, Alysheba, panic and 1 others like this.
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    Elite Member SHELLEE's Avatar
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    I've seen a body attatchment before for a trial but nothing like this. I know for a fact that my DA and Judge would never allow this to happen. The prosecuter claims that she was mentally ill. If so, how could her testimony be allowed anyway?
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