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David Tuthill
Darryl Baker
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7/3/8 Valdez and
Watkins - Comforting for the Criminal Element
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This week, we got to see an example of the fine
kettle of mess Dallas County is in when Our Bail Bonds DA Watkins stood
up for Sheriff Lupe Valdez in one of the most embarrassing displays of
stupidity we are likely to see. Having Craig Watkins give a legal
opinion is like having him prosecute criminals. |
The DMN had this story Monday
on DallasNews.com:
Dallas
County
commissioners
are pressing
ahead with
plans to sue
Sheriff Lupe
Valdez and
the
Discovery
Channel in
an attempt
to block
filming of a
documentary
she
authorized
inside the
jails that
is scheduled
to begin
Wednesday.
Sheriff
Valdez did
not respond
to the
commissioners'
demand to
stop the
filming.
They had
given her a
1 p.m.
deadline to
respond in
writing.
The
sheriff
plans to
speak about
the
controversy
during a 3
p.m. press
conference
at the
criminal
courthouse
building
downtown.
She will be
joined by
District
Attorney
Craig
Watkins, a
fellow
Democrat.
Allen
Clemson, the
Commissioners'
Court
administrator,
said county
lawyers have
been
directed to
begin
preparing
court
papers. An
outside law
firm will
likely be
hired to
request an
injunction
and
restraining
order
against the
sheriff and
the cable
television
company, he
said.
Earlier
this
morning,
commissioners
and the
county judge
voted
unanimously
to seek a
court order
to block the
filming if
the sheriff
didn't call
it off.
The
seven-member
television
crew is
scheduled to
begin
filming in
the jail
Wednesday
for at least
30 days,
county
officials
said.
Commissioners
have
concerns
about
security and
liability
while the
film crew is
inside the
jail.
"We feel
it is too
big a risk
to take at
this time,"
said
Commissioner
Kenneth
Mayfield, a
Republican.
He said
Sheriff
Valdez
decided to
intentionally
flout county
policy by
allowing the
filming
without
first
getting
approval
from the
Commissioners
Court. In
addition,
she decided
to push
ahead with
the filming
even though
a county
lawyer had
advised her
not to allow
it, he said.
Mr.
Mayfield
said the
Sheriff's
Department
contacted
Peter
Harlan, an
assistant
district
attorney,
several days
ago to ask
about
allowing the
documentary
to be shot
inside the
jail. Mr.
Harlan told
sheriff's
officials he
advised
against it,
according to
Mr.
Mayfield.
Sheriff
Valdez did
not notify
the
commissioners
about her
intention to
push forward
with her
plans to
allow the
documentary,
which she
believed
would give
the county
positive
publicity
about jail
conditions.
"There's
no assurance
that's going
to happen,"
Mr. Mayfield
said, adding
that he has
no idea how
the county
and its
jails would
be portrayed
on national
TV.
Even if
she had
sought
approval
from the
commissioners,
they still
wouldn't
have allowed
the filming,
Mr. Mayfield
said.
The jail
still has
failed five
state
inspections
in a row and
still isn't
compliant
with state
jail
standards.
In addition,
the county
is under a
federal
court order
to improve
conditions.
County
officials
are working
furiously to
make all the
final jail
improvements
by September
to get state
certification
for the
first time
since 2003.
Sheriff
Valdez was
asked by
county staff
to appear at
this
morning's
Commissioners
Court
meeting but
did not
show. Her
spokeswoman,
Kim Leach,
said the
sheriff was
at a
meeting.
In a
written
statement
issued
Monday,
Sheriff
Valdez
blamed the
controversy
on politics,
saying it
was a shame
that "an
opportunity
to showcase
our staff
and the jail
in a
positive
light to the
entire
country is
already
being
criticized."
"To
assume this
is not a
win-win for
all of us is
difficult to
comprehend,"
she said in
the
statement.
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Then the Dallas Observer's Sam
Merten had this report on UnFairPark:
As you may know by now,
the Dallas County
commissioners voted
unanimously this morning
to
seek a court order stopping
the Discovery Channel from
filming a documentary
inside Dallas county jails,
which had been authorized by
Sheriff Lupe Valdez. But
Valdez, along with fellow
Democrat and Dallas County
District Attorney Craig
Watkins, says the decision
was politically motivated --
and that the law is on her
side.
At a joint press
conference at the Frank
Crowley Courts Building this
afternoon, Watkins cited a
1978 ruling by then-Texas
Attorney General John Hill,
which states: “The sheriff
shall exercise a supervision
and control, and the nature
of this authority is such
that it precludes the
commissioners court for such
authority over the jail.”
Watkins said that after he
explained the law to one of
the commissioners, who he
did not name, the
commissioner “had second
thoughts.” Watkins also said
it is “well within [the
sheriff's] responsibility”
to determine who is allowed
in the jails.
“The question I would
have of any individual that
would question this is: How
many times did the
commissioners question the
former sheriff as to who was
allowed the jail?” Watkins
said. “You would be remiss
to find anyone who can come
up with that answer.”
This reminded us of
what Watkins was telling
us back in March,
when he was complaining
that he was being
criticized more than his
predecessor, Republican
Bill Hill. And before
Valdez, there was
Republican Jim Bowles.
And what crazy
Republican is to blame
for this? Both Valdez
and Watkins essentially
pointed the finger at
Commissioner Ken
Mayfield, who has
Democrat Elba Garcia
breathing down his neck
for his seat on the
court.
Valdez said Mayfield
and other commissioners
were not presented all
of the information, and
made their decision
based only on the
information given to
them. When asked if she
rejected legal advice
against allowing the
filming, she said, “I
don’t remember ever
receiving any advice.”
The sheriff stressed
that she will have final
say on what footage is
aired, although she
admitted no contract was
signed -- only an
agreement was made.
The filming is scheduled
to begin Wednesday, and
Valdez said today she
won’t know if it will
continue as planned
until Wednesday morning.
Valdez added that she
was surprised at all the
attention that this
issue has received. She
said her intent was to
focus on the progress
that has been made in
the jails under her
watch.
“I’m shocked that
someone else has sought
to bring that down,” she
said. “I’m confused as
to why someone would
want to not show
positive things about
our county.”
--Sam Merten
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There is an interesting thread
following Merten's entry on UnFairPark. Sam usually stirs the pot with his
blogs. Some recognize that Sheriff Valdez is working very hard to make
County Judge Foster look like he's not the dimmest bulb at the County.
Others do the same old liberal stuff about concern for the criminals.
Don't you just once wish they had a shred of sympathy or concern for the victims
of those criminals?
DALLAS (CBS 11 News) ― The
Dallas County Commissioners have issued a warning to Sheriff Lupe
Valdez: stop all plans for documentary filming in the jail or face a
legal injunction.
The Commissioners unanimously agreed to issue
a temporary restraining order against the Sheriff and The Discovery
Channel. The cable operation planned to film a documentary on
the operation of the county jail.
At a Tuesday afternoon news conference, Valdez explained, "Before
considering this agreement, I conferred with my legal advisor
regarding matters of liability and law. And he confirmed that our
actions here are in compliance with state law and departmental
policy."
Valdez signed a contract without approval from the Commissioners
Court, officials said. Commissioners say that no contract can be
entered into without their approval.
Commissioner Kenneth Mayfield said it was an, "intentional slight of
our policy, and against the advice of our attorney."
Valdez said, "Neither county policy nor state law requires me to
receive approval from the court before allowing access to jail
facilities."
The Sheriff continued, "The county states there's only two reasons
to deny filming: if it disrupts normal business, which we'd make
sure that it wouldn't, or if it offends public visitors. There were
no public visitors in the jail. Therefore, neither of these
situations applied."
"It is well within the Sheriff's responsibility to run the jail. The
jail is not controlled, ran or managed by the Commissioners Court,"
added Dallas County District Attorney Craig Watkins. "She can
determine who can come in and leave the jail. It is within her sole
discretion."
Watkins also assured the media that the
District Attorney's Office would not seek an injunction against
Valdez, and said that any methods taken by the Commissioners to do
so would be a waste of resources.
"If [the Commissioners] choose to get counsel," Watkins said, "then
we are put into a position to defend the Sheriff on the injunction,
and we fully intend to do that."
Dallas County already faces legal fights regarding the condition of
the jail and treatment of inmates. They have prohibited access to
other entities and apparently had no knowledge of the documentary
plans.
"I believe that showing the remarkable progress that has been made
in our jail is important," Valdez said. |
Several smart people I know
were wondering
since when does the District Attorney have the responsibility to defend the
County or the Sheriff? We
didn't even know the DA had the authority to defend the
County or the Sheriff. We thought the District Attorney was the Chief
Prosecutor. I went to the County's website and specifically to the DA's
section and couldn't find much except a bunch of self-congratulatory stuff by
the Bail Bondsman. His picture is plastered all over the website, on every
section I opened.
So, I called some smart lawyers in town, including a former Assistant District
Attorney. Some Texas counties have two different elected offices for their
District Attorney, one for civil matters (defending the county and various
county officials) and for prosecuting criminals. Dallas County has both
civil defense and criminal prosecution in one official. Unfortunately, our
current DA is not up to either job.
Everyone I talked with was incredulous that Watkins would cross swords with the
Commissioners, right here at budget time. Even more, everyone thought it
was stupid for Watkins to cross swords with Commissioner John Wiley Price.
You may not know it, but for all practical purposes, Commissioner Price has been
overseeing the restoration of the county jails to a more acceptable standard --
at least to where they can at least pass one state inspection, which they have
not done the entire tenure of Sheriff Valdez. He has been very protective
of Sheriff Valdez, and she picked an incredibly stupid way to thank him for his
help.
If you had any illusions about DA Watkins' legal abilities, Judge Carlos Cortez
pretty much destroyed any such illusions. Judge Cortez granted the
Commissioner's TRO to prohibit Sheriff Valdez from opening the jail to Discovery
Channel camera crews, at least until a mid-July hearing.
Kevin Krause has been doing a great job of covering this embarrassing mess,
catching quote after stupid quote from Sheriff Valdez:
The
Discovery
Channel
pulled out
of plans to
film a
documentary
at the
Dallas
County Jail
today after
a judge
issued a
temporary
restraining
order
against the
filming.
Judge
Carlos
Cortez
granted a
request
filed by the
county
commissioners
to issue a
the order
barring
Sheriff Lupe
Valdez from
allowing
filming for
at least 14
days until a
scheduled
hearing on
the county’s
request for
a temporary
injunction.
When the
Discovery
Channel
learned of
the
restraining
order, crew
members
packed up
and headed
to another
jail to
record
footage,
Sheriff
Valdez said.
“I felt
that I was
acting in
good faith,”
Sheriff
Valdez said
about the
brief
internal
legal fight
while
expressing
disappointment
with the
judge’s
ruling.
“I don’t
want to
fight,” she
said, then
quickly
added, “I
will fight
for my
rights.”
Sheriff
Valdez had
hoped that
the one-hour
documentary
would
showcase
improvements
to her jail
system,
which she
said is
becoming one
of the
nation’s
best.
She said the
agreement
she signed
gave her
final say
over what
aired.
But
commissioners
were afraid
the
documentary
would create
potential
liability as
well as an
unwanted
disruption
to their
attempts to
meet state
standards by
September
and complete
federal
court-ordered
improvements.
“We
have
lawsuits
coming at
us,”
Commissioner
John Wiley
Price said.
“We don’t
know what
they’re
going to
film. We
don’t need
to take that
chance.”
In
granting the
Commissioners
Court’s
request for
a temporary
restraining
order, Judge
Carlos
Cortez
overwhelmingly
affirmed the
commissioners’
authority to
disallow
filming
inside the
jail.
He ruled
that
commissioners
have power
over all
county
business and
that Sheriff
Valdez
entered into
an
unauthorized
and void
agreement
with the
Discovery
Channel.
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Sheriff Valdez does not have a
firm grip on reality, as exhibited in two of her quotes:
I believe that showing the remarkable progress that has been made
in our jail is important.
Sheriff Valdez had hoped that the one-hour documentary
would showcase improvements to her jail system, which she said is becoming one
of the nation’s best.
What
progress? Our county jails still cannot pass inspection. She doesn't
even know what is or is not happening in the county jails, because Commissioner
Price has been in charge of fixing the mess. Any progress is to his credit
-- not to Lupe Valdez.
For her to claim our county jail system is "becoming one of the nation's best"
borders on lunacy. Think about it a minute. This woman not only is
driving cars on our public streets, but she carries a gun.
On UnFairPark, under Sam Merten's blog, a bunch of liberals want the jails to be
open to public scrutiny. Who do they think the state inspectors are?
They are our eyes and ears. They have found consistent problems for the
last 3 years. There is no reason for TV camera crews to be inside the
jail. I am certainly not overly concerned about comforting criminals but
they are not zoo animals. They are not props for entertainment or for a
political publicity stunt by Sheriff Valdez.
More often than not, I have been a grudging admirer of Commissioner Price.
With the exception of the stunt in front of Laura Miller's Oak Cliff home and a
few other incidents of rage, Commissioner Price has been a positive force on the
Court. When I lived in Oak Lawn and needed his help with various community
matters, he was supportive and available.
One thing is for certain, Commissioner Price is not going to forget this
incompetent power play by DA Watkins and Sheriff Valdez. He's as aware as
anyone of the basic dearth of cerebral matter contained in the skull of either
the DA or the Sheriff, but that does not excuse two elected officials making
complete fools of themselves over something that never made sense in the first
place. They have lowered the stature of their offices.
Sure, this has all been very entertaining and made for stimulating conversation,
but ---
Aren't you a little tired of laughing at our elected officials? Wouldn't
you prefer to have a Sheriff and/or a District Attorney you could respect and
trust?
sb
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