12.06.07

The Upside-Down World Of Williamson County

Posted in Bad Government Republicans, Commentary, Criminal Justice, Had Enough Yet?, Williamson County at 10:42 am by wcnews

In today’s AusChron there’s an article about the shenanigans that takes place in Williamson County when someone tries to pull the curtain back a little bit on our unaccountable government, Texas Fair Defense Project Prevails Over WilCo in Court. The back story here is that Williamson County has been accused by the TFDP of systematically compromising a defendants constitutional right to counsel. From AusChron article in February 2006, Defenseless: TFDP Sues Williamson Co.

“Williamson Co. judges and other county employees pressure defendants to talk to prosecutors without giving them accurate information about their right to a defense attorney,” TFDP Director Andrea Marsh said in a statement announcing the suit. “No one should be convicted of a crime they didn’t commit, or receive a longer sentence because they didn’t understand their right to a lawyer, or were denied an attorney even though they were too poor to hire one.”

[…]

The county repeatedly tells defendants prosecutors are “here to help.” “This is a mirage. If you speak directly to a prosecutor, you may reach the promised land of resolution. But where you could end up is probation desert,” says Dominic Gonzales of the TCJC. Or, jail – Gonzales received a complaint that a prosecutor threatened to double the jail time if a defendant requested counsel. “Only a defense lawyer can help defendants understand their rights. Taking that out leaves every single defendant vulnerable to abuse,” Gonzales adds.

In court session last Thursday, the judge left the courtroom for an extended recess. Left alone were defendants and prosecutors, speaking in whispers. “The courtroom does not look at all like the one we talked about in civics class, with an impartial judge, prosecutors, and defense attorneys forming the base of the pyramid. What happens to a pyramid if you take out one of the cornerstones?” asks Gonzales. De La Rosá says prosecutors do not represent defendants, so they do not have to maintain confidentiality after court.

Williamson County, which touts itself as being “tough on crime,” is also apparently tight on crime – as in cheap. “The interest is in disposing of cases cheaply,” Gonzales says. “But what is the cost to taxpayers,” De La Rosá asks, “of longer jail terms for un-counseled defendants?”

The latest article comes from the county’s attempt to stop the TFDP from digging into this by filing a “secret” complaint against them, that was thrown out.

The UPLC didn’t buy the county’s allegation that “hundreds of people are being victimized by TFDP each week.” And now that [TFDP attorney Harry Williams IV] has seen the text of the complaint, he says that it illustrates “the upside-down world of Williamson Coun­ty, where it’s wrong to inform people about their constitutional rights, but it’s okay for the county to violate those rights.”

The county had also filed a motion for dismissal of the lawsuit, challenging the trial court’s jurisdiction to hear the case, which was denied on Oct. 4, 2006, by Judge Joseph Hart. On Jan. 29, 2007, the 3rd Court of Appeals took WilCo’s appeal of the denial under advisement, where it remains. “We could settle today if the county would agree to abide by the law and respect defendants’ rights, but the county clings to the idea that the Constitution does not apply in its courts,” Williams said.

Williamson County has long been known for it’s “hangin’ judges” and harsh sentences but this is just plain childish. I’m sure someone like our esteemed Congressman and former Judge, Rep. John Carter is appalled that something like this is going on in his home county. It’s typical of the machine politics of the WCGOP to go after the messenger in order to keep the spotlight off of their misdeed. But our elected DA should admit his office’s mistakes, pledge to stop violating defendants rights, and start following the law. That would at least be a start to turning things right-side up in Williamson County.

7 Comments »

  1. remerson said,

    December 6, 2007 at 2:58 pm

    Since Godfather Carter is very much in contact with his fellow Republicans in WC, let us hope that he will inform them of the embarrassment caused by this-and maybe instruct them on some fine points of the Constitution that they obviously missed in the law school education.

  2. Eye on Williamson » Texas Blog Round Up (December 10, 2007) said,

    December 9, 2007 at 11:45 pm

    […] Now that Williamson County’s secret complaint has been dismissed, the Texas Fair Defense Project’s class-action lawsuit on behalf of indigent defendants is now back on track. Eye on Williamson’s wcnews provides an update on the slowly progressing case in The Upside-Down World of Williamson County. […]

  3. Texas Progressive Alliance Round-Up Dec 10 | BlueBloggin said,

    December 10, 2007 at 9:00 am

    […] Now that Williamson County’s secret complaint has been dismissed, the Texas Fair Defense Project’s class-action lawsuit on behalf of indigent defendants is now back on track. Eye on Williamson’s wcnews provides an update on the slowly progressing case in The Upside-Down World of Williamson County. […]

  4. justice is it! said,

    December 10, 2007 at 10:10 am

    Williamson County has a way of really messing things up for themselves regarding misdeeds. It seems police in the county arrest many under questionable circumstances or lack of any evidence. Then the prosecutors office wants defendant’s to plea to a lesser crime without proof that had nothing to do with the initial arrest. Why would the DA do that? WAKE-UP Citizens!!

    The comment from the blog says it all: “Williamson County has long been known for it’s “hangin’ judges” and harsh sentences but this is just plain childish. I’m sure someone like our esteemed Congressman and former Judge, Rep. John Carter is appalled that something like this is going on in his home county. It’s typical of the machine politics of the WCGOP to go after the messenger in order to keep the spotlight off of their misdeed. But our elected DA should admit his office’s mistakes, pledge to stop violating defendants rights, and start following the law. That would at least be a start to turning things right-side up in Williamson County.”

    The bright side of this is that soon Williamson County prosecutor’s will be exposed for what they are, prosecution by numbers is their game, corrupt and wrongful prosecutions and convictions only to benefit personal careers of those prosecutors. Motivated by personal score’s rather than justice.
    I have a true case of a client that was so outrageously and unfairly treated and then falsely arrested in Williamson County that I cannot wait for the client to be indicted if the DA’s office ignorant enough to indict. This case will bring out every conceivable wrong doing that law enforcement can inflicted upon a law bidding citizen. So heinousily was this case handled, fumbled, bundled and contempuous, it will embarrass all those involved, the DA’s Office, Commissioners Court, a certian City government and police department. If this case is brought forth, watch how quickly fingers begin to be pointed at other’s for blame. Then the unraveling will begin. This single case will not only bring Williamson County right-side up, it will effectively expose those officials involved in Official Oppression of defendant’s rights to include wide spread corruption within Williamson County government.

  5. Eye on Williamson » Unconstitutional Culture said,

    February 8, 2008 at 1:33 pm

    […] lives. There was nothing about the Texas Fair Defense Project (TFDP) lawsuit that has been brought against Williamson County for denying constitutional rights to indigent misdemeanants. It would have been good to hear DA […]

  6. Voluntary submission to oppression « Social Bribery said,

    April 18, 2008 at 10:17 am

    […] My friends and I went to see CAKE play at southwestern university last night, which is located in Georgetown, TX in the heart of Williamson county. Williamson county is oppressive to begin with, and for background you can read about their antics at http://www.eyeonwilliamson.org. […]

  7. Democracy for Texas » Archive » TPA Roundup, Week of 11/2/07 said,

    April 21, 2012 at 7:32 pm

    […] Now that Williamson County’s secret complaint has been dismissed, the Texas Fair Defense Project’s class-action lawsuit on behalf of indigent defendants is now back on track. Eye on Williamson’s wcnews provides an update on the slowly progressing case in The Upside-Down World of Williamson County. […]

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