02.11.08
The Silly Season Is Upon Us – The WCGOP Machine Makes It’s Choice
Last week the WCGOP machine made it’s endorsement in the Precinct 1 Constable’s race. Making what the RRL called an “unusual” move, several GOP elected officials came out in favor of incumbent Gray Griffin’s challenger. Griffin essentially sealed this fate back in 2005 when he resisted attempts by DA John Bradley and Precinct 1 Commissioner Lisa Birkman working in cahoots, to wrest control of the Williamson County’s mental health duties from his control and give it over to the Williamson County Sheriff’s Office. (See EOW’s reporting on this issue here, here, and here). Not obeying the machine has it’s consequences.
Griffin has since filed a lawsuit against the county over the constitutionality of having his budget cut by the Commissioner’s Court. Despite being ruled against he is continuing to press his case, which only goes to irk the WCGOP machine even more.
The silliest part of the RRL article is when Bradley has to answer for his disparaging remarks made not only against conastables, but deputy constables. This is especially funny considering the fact that he is now backing a reserve deputy constable for promotion to constable, (how much worse a reserve deputy constable is than a deputy constable, in Bradley’s eyes, we can only wonder). It would $eem that Bradley’$ had a change of heart regarding the need for con$table$.
Some have questioned whether constable offices are still even necessary in Texas.
Griffin sent the Leader a question Bradley posted in 2004 on the Texas District and County Attorneys Association’s Web site.
On Feb. 4, 2004 Bradley wrote: “Is anyone else out there in favor of abolishing the office of constable?”
Griffin argues Bradley should not be making an endorsement for an office he doesn’t believe in.
Bradley is not alone in his opinions, though.
Bell County Attorney Rick Miller responded to Bradley’s posting, stating: “I do agree that the office of constable is an outmoded one. The commissioners could save additional staffing for the sheriff for process serving and attending the J.P. courts …. ”
Since then Texas voters have amended the state’s Constitution, allowing commissioners courts to do away with constable offices.
Griffin pointed out Chody is a reserve deputy constable, noting in 2004 Bradley posted: “The only thing worse [than a constable] …. A reserve deputy constable.”
Bradley told the Leader this week he should not have made that generalization four years ago.
The RRL didn’t clarify that while “some may question” if constables are still necessary, and the constables office can be abolished by a Commissioners Court, the office cannot just be eliminated at the whim of the Court, and the wish of the DA. The office of constable is a constitutionally mandated office, that has historic significance in Western democracies. For there even to be a question of eliminating a constable, the office has to have been empty for 7 years. Then a constitutional amendment must be passed, and ratified by county voters, to do aways with the constable.  So there’s little chance of that happening any time soon.
TXAtty. said,
February 11, 2008 at 3:28 pm
“It is indeed interesting that Wilco Republican officials would be advocating for a candidate in a primary race.
Particularly when, (and take this for what it is or isn’t worth), not only Bradley’s prior comments, but also in that Chody hasn’t always had the most stellar record as a peace officer.
For purposes of full disclosure, and as WilCo voters should be aware:
As per an Austin Chronicle article from last year,
“As it happens, the 2001 lottery win proved doubly lucky for Chody. When he won the money, then-APD Officer Chody was the principal defendant in a police-brutality lawsuit, with claims that appeared of considerable merit. According to court documents, Chody stood accused of beating a much smaller 15-year-old black teenager in East Austin, smashing the youth’s face on the hood of a patrol car, putting him in a “full nelson” (a forceful, immobilizing wrestling hold that places pressure on the neck), triggering a seizure in the terrified youth and bruising his ribs – and finally arresting, without apparent probable cause, Marcus Dewayne Frank, then an exemplary student at Johnston High School.
Frank’s mother, Choyce Perkins, filed suit on behalf of her son against Chody and APD Officer Jerry Sullivan, who was accused of slugging Perkins in the hip with his flashlight and knocking her to the ground as she tried to help her son. According to court documents, the plaintiffs alleged excessive use of force, false arrest without probable cause, malicious prosecution, and illegal search and seizure.
But a month after Chody and his family got their lottery winnings, the lawsuit – originally scheduled for trial on April 2, 2001 – was quietly settled. Despite Chody’s sudden wealth, the lottery winnings apparently had no direct affect on the settlement, which was paid by the city of Austin – as is customary for lawsuits arising from an officer acting in his official capacity. In stories about the lottery jackpot, local reporters were quick to mention the two commendations in Chody’s file – but the feel-good stories didn’t mention the brutality lawsuit against him. The lawsuit was settled on April 25, and Chody resigned from APD in June, leaving, says his website, with the department’s “blessings.”
“According to the court record, as described in the March 2001 order issued by U.S. District Judge Sam Sparks, Chody would have had a hard time explaining his actions at trial. In denying the defendants’ motion for summary judgment, Sparks’ sharply worded order suggests that the plaintiffs were amply justified in suing – a result that likely prompted the city’s quick settlement of the case.”
“…Sparks [did not] rule that either officer was acting “reasonably” during the incident, a standard that must be met when seeking the qualified immunity accorded a police officer. Specifically, the court did not accept Chody’s argument that even if the facts were accurate, his use of force was “not excessive to the need,” as stated in the order. And Sparks said the record is “ambiguous” regarding probable cause. “Indeed Chody admits there was a question in his mind, and in the mind of his supervisor, as to whether there was probable cause to arrest Frank,” the order states. After Sparks’ decision, the parties settled, with the city paying about $30,000 to Perkins and Frank.”
Link to full article:
http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid:543325
wcnews said,
February 11, 2008 at 3:54 pm
Yes, posted about that here, back in when that came out. People do make mistakes and hopefully that’s all this was, and he’s learned and frown from it.
That being said, it’s hard to tell what kind of a person Mr. Chody is. And at this point all we have to judge him on is by those who are endorsing him, and that’s not a good sign for those who want a fair constable. Because he’s got the backing of a bunch of authoritarians who only believe it’s right to follow the constitution when it suits their purpose.
The machine has spoken. Now all we can do is wait and see if the GOP voters in Pct. 1 are the lemmings many suspect they are.