How stupid does Jim Lewis think we are?

It sounded like a good deal. I have a spare pick-up truck because it is paid for and it is nice to have a spare.

A guy made me an offer to rent the truck for $100.00 a day. Friends who don’t own a truck frequently borrow and it does frequently come in handy.

Think about it. Who could not use another $3K a month?

Then I checked the fine print. He didn’t really want to rent the truck he just wanted to be able to say he had a truck. I could not use the truck because it had to be available if he needed it. The contract means I am giving up much of the use of my truck for nothing.

That is exactly the scenario Jim Lewis got us in with the contract with Dallas County. We lose 200 revenue beds and it costs Dallas County nothing. Dallas County officials do not expect to need the beds but wanted to tell the Texas Jail Commission they had access to them if needed.  If the available beds in our jail drops below 200, The Commission comes down on Dallas County and they come down on McLennan County.

The Commissioners’ Court has already waived $30,000-$70,000 a month in revenue by closing down the downtown jail and waiving the fee for prisoners housed at the new jail.

How stupid do they think the voters are?

Dictator or public servant?

In 2006, there was a constable in McLennan County who was serving out the term of office for which he was elected. It was discovered in true public servant fashion, he had additionally been successfully elected to the local city council. This constable had an early Attorney General opinion indicating no conflict existed between the two positions because no compensation was provided for the position of alderman.

The issue was raised of both positions were “positions of trust.”

The question was brought to the McLennan County District Attorney who opined both offices were positions of trust and as such the resigned to run provision applied. The District Attorney wrote that the court was under no obligation to remove the constable and could simply allow him to complete the term of office to which the voters had elected him.

Jim Lewis voted with Wendell Crunk and Ray Meadows to ignore the will of the voters and remove the constable.

The constable campaigned for the opponent of the County Judge.

In 2007, even though the voters went to the polls and elected a new Justice of the Peace, even though the Commissioners’ Court canvassed the election results and declared a winner in the race, Jim Lewis refused to issue a certificate of election. Disenfranchising the voters a second time.

In 2009, the Justice of the Peace in the new combined precinct retired. Even though the previously elected Justice resided in the the precinct, Jim Lewis voted to appoint a person who had not been vetted and for the third time ignored the will of the voters.

Jim Lewis refuses Pledge of Allegiance

In the Summer, Tea Party activists were petitioning the McLennan County Commissioners’ Court to begin their sessions with the Pledge of Allegiance.

After meeting with resistance to the proposal, Veteran and former McLennan County Veterans Coordinator Bill Mahon addressed the court in the public comments section. Mr. Mahon laid out the case in support of saying the pledge before court meetings. After his presentation he rose and led all present in the Pledge of Allegiance.

Not exactly all. County Judge Jim Lewis and Commissioner Precinct 2 Commissioner Lester Gibson refused to participate.

 

In the Tribune Herald the next day, Commissioner Gibson explained he believed an opening prayer was in order and to eliminate the prayer was putting country before God. Noting that Commissioner Gibson is a veteran, and he explained his actions, I can give him a pass.

Jim Lewis took the Mr. Magoo defense. Jim Lewis said it happened so fast he did not realize the pledge was being said. Even though Bill Mahon formerly worked for Jim Lewis as Veteran Coordinator, and Mr. Mahon had spent several minutes laying out the case for the pledge, all this slipped by the County Judge. If you buy that, I have a bridge to sell you. Looks more like Mel Brooks than Mr. Magoo.

Why the change?

I was making an effort to cast an informed vote in November when I ran across a story on the campaign  website for the incumbent District Attorney.

“This was a very strong jury, and they wanted to send a strong message. I think they wanted him to know that they wanted him off the streets where he can’t have access to others and potentially do this again. I think they wanted to send a message to the community that child abuse will not be tolerated in McLennan County.” – Beth Toben, Veteran Prosecutor

Pretty straightforward. The story had a dateline of 10-18-2007

Code of Criminal Procedure 17.151 provides for petition of a Judge to hold a show cause hearing if  a person is held in custody and the state is not ready for trial. The Judge has the opportunity to reduce the bond or release the person on a P.R. bond.  The Judge can order conditions of bail which could include electronic monitoring or that the person refrain from having contact with children if the accused was charged with offenses against children.

In a recent case, the same prosecutors who had clarity in the message sent by the public in 2007, refused charges against a man charged with sexual assault of a child. The person was released form custody and a Judge never had the opportunity to place on him the condition he refrain from contact with children.

So…Why the change?

This is what the Docket looks like when the District Attorney does not”Refuse” charges.  An Elected Judge hears the case. Click on the image to enlarge.

Lady Justice absent from McLennan County

Excessive bail shall not be required.

One man allegedly breaks into a house and picks up a knife, caught by the homeowner he surrenders and gets a bond of $999,000. Another man allegedly brings his own weapon to a home invasion and is reported to have cocked the handgun and demanded money. His bond is $62,000. Oh, and he was also found in possession of drugs.

A man is accused of murdering his grandfather in a particularly nasty bit of business and waits for the police to arrive. He gets a $5,000,000 bond while four suspects accused of the robbery of a business, same charge, have their bonds set at $500,000. These four fled the scene and had to be hunted down by police. One even has an immigration hold. One is a juvenile.

In the parlance of higher education – Compare and Contrast

Michael Guiterrez is alleged to have broken into a house around 5 a.m. and after gaining entry, retrieved a knife from the counter and was then confronted by the home owner.

JaMarcus Caufield allegedly broke into an apartment, made his way directly to a safe inside the apartment, pulled out a handgun, cocked it and demanded cash.

Guiterrez bond – $999,000.00

Guiterrez charges – Aggravated Robbery

Caufield’s bond - $62,000

Caufield’s Charges  -  possession of cocaine, possession of marijuana under two ounces and burglary of a habitation with intent to commit theft.

In two other cases, the disparity is even greater:

Aaron Firquin stands accused of murdering his 88 year old grandfather.

From the Waco Trib - Justice of the Peace Raymond Britton set bond at $5 million.

 

 

Four men stand accused of the robbery gone bad/murder of a store owner. Like the previous story, the victim was stabbed.

From the Waco Trib -

Saul Medina, 28, and Federico Davila, 26, both of Bellmead, are charged with capital murder in the slaying.
Both men are being held in the McLennan County Jail in lieu of $500,000 bond

Interestingly the same magistrate who set bond for an accused thief at almost a million dollars released a man charged with Attempted Capitol Murder on a Personal Recognizance bond.

Its the Eighth Amendment to the U.S. Constitution – From Wikipedia

The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual Punishment Clause applies to the states. The phrases employed originated in the English Bill of Rights of 1689.

KWTX News10 – 8/17/2010 Waco Man Charged In Home-Invasion Robbery Attempt

Waco Trib – 7-21-2010 Waco man accused of brandishing knife after breaking into home

Waco Trib – 7/22/2010 Nearly $1 million bond set for Waco man in break-in

Waco Trib – 7/26/2010 Man charged with capital murder in Bruceville-Eddy slaying

Waco Trib – 7/27/2010 Man suspected of killing his grandfather, former Bruceville-Eddy mayor

CentralTexasnow.com – 7/24/2010 Central Texas man arrested for killing his grandfather

KXXV – 7/24/2010 Autopsy shows former Central Texas mayor suffered stab injuries

We don’t have no stinkin’ problem

for your consideration:

Waco Tribune Herald published an article on the FRONT PAGE of Sunday’s paper:

Immigrants deported from McLennan County Jail rarely had criminal history

The story basically says very few people deported have serious criminal histories.

Now the story from the front page on Sat.

Police name fourth suspect in Bellmead store owner stabbing

This story is about four guys who murdered the owner of a convenience store. At least one is illegal because he has an immigration detainer. Notice that little piece of information was left out of the story at the above link, but you can find it here:

Police jail 3 suspects in Bellmead stabbing

From the article: Medina also has an immigration hold that will prevent him from being released even if he raises the bail money.

They walk among us

KWTX – 8/20/2010 Man Charged After Incident Involving Child At Local Garage Sale
Waco Tribune-Herald – 8/21/2010 Indecency with a child arrest

Jose Pantaleon Rivas, 50, was in the McLennan County Jail Friday charged with indecency with a child.

 

 

KWTX – 8/18/2010 - Grand Jury Indicts Two on Sexual Assault Of A Child Charges

Court records office indicate Grey was indicted in connection with reports made in April from two female victims who reported to police they had been sexually assaulted by Grey.

 

Badger was indicted on two counts of aggravated sexual assault of a child in connection with a May incident in which there was only one female victim who is younger than 14.

Both men were arrested earlier this year and both are free on bond, according to Coryell County Jail records.

KWTX – 8/18/2010 Central Texas Prosecutor Arrested On Child Porn Charges

Assistant Limestone County prosecutor Donald V. Phillips, 53, was free on $5,000 bond Wednesday after his arrest Tuesday night at his home in Navarro County on a possession of child pornography charge.

 

 

 

 

Waco Tribune-Herald 8/20/2010 Man charged with indecency with child

Keith Allen Jones is out of jail on $150,000 bond for allegedly inappropriately touching a girl younger than age 17.

In the news II

Initial reports said a high school student was being escorted to the office by a security guard when he took a bush bond and ran to his truck and did some damage to a couple of other vehicles while leaving. Crazy kids making stupid decisions….

Here, thanks to some pretty good reporting by Erin Quinn, we learn a little more about this troubled high school student.

This little scumbag was 19 years old. What was he still doing in high school?

He had a blood alcohol level of more than three times the legal limit. Please use the comments section below to share your take on that part.

This part kind of tops it off:

Galeno is expected to plead guilty June 21 in Judge Ralph Strother’s 19th State District Court to a felony burglary of a habitation charge, stemming from a January incident.

The little scumbag had a pending felony charge and was in school with our children? If that does not deserve a WTF, I don’t know what does. Which Judge set his bond on the Burglary charge? What other criminal history is there for this man? How does someone get into the school with a blood alcohol level more than three times the legal limit?

His family will now probably sue Waco ISD for excessive force and get a huge settlement. Insanity run amok.

Now think about the preceding when you read this story.

Waco Tribune Herald 5/22/2010 Tommy Witherspoon

Waco teen sentenced to 40 years for slaying a father of 7 a week after he kidnapped and robbed woman and her toddler

Quan Devel Prince more than a year ago had kidnapped a woman and her son, stolen their car, then fatally shot a man during a robbery a week later.

He was charged with Capitol Murder and is now eligible for parole in 20 years when he is 36 years old.

Was he out on bond for the earlier kidnapping when he murdered the father of 7? If so, why?

So it wasn’t my father who was murdered or my wife and child terrorized by Prince. I do not have compassion and think the kid should be locked away with no possibility of parole.  Notice the article says after shooting and robbing the victim, Prince returned to his buddies and bragged about the murder.

In the news

Just a quick update because I found some news reports I found interesting.

On 5/22 Cindy Culp of the Waco Trib reports “immigrants” have a hard time finding legal representation. Seems the new Arizona law has increased interest in complying with immigration law. Story link here.

So the same day, Tommy Witherspoon reports on “illegal immigrants” Seems the guy was deported after he broke the law and is now facing a 10 month prison term for sneaking back in the country. Story link here. 

Then there is this story: More Americans killed by illegal aliens than Iraq war, study says So the story is more than three years old and while I don’t know how the numbers compare as far as deaths but the point of the borders still being open is pretty accurate more than three years later.

By the way, calling an illegal alien and undocumented worker is like calling a drug dealer an undocumented pharmacist. Just so you are clear where I stand.

Laws don’t apply in McLennan County

Texas Local Government Code Sec. 111.062 makes it illegal for the County Judge to serve as the Chief Budget Officer in a county with a population of more than 225.000.

Some time in 2006, McLennan County exceeded that threshold. County Judge Jim Lewis ignored the law saying the law was not relevant until the census had been performed.

McLennan County Judge Lewis told News Channel 25 they will prepare to appoint a separate budget officer after the next official 2010 census.

Several statutes specifically use the term census when establishing a population baseline. Sec. 111.062 does not. Without a specific reference to the census, the law is applicable when the population exceeded 225,000.

Statutes containing census language.
Sec. 251.74.  AIRPORT AND STADIUM AS WET AREAS.  (a)  This section applies to any county:  (1)  that has a population of more than 240,000, according to the most recent federal census;

Population shall be according to the last preceding federal census.

Art. 102.014. COURT COSTS FOR CHILD SAFETY FUND IN MUNICIPALITIES.  (a) The governing body of a municipality with a population greater than 850,000 according to the most recent federal decennial census

From the Waco Trib 3/31/10 - “I always laugh and say that if I knew what I was getting into, I would have never run for the office,” Lewis said.

For taxpayers, ignoring the law is not a laughing matter. County Judge Jim Lewis did not have to face any questions when either Natasha Chen of News 25 or Regina Dennis of the Trib interviewed him on the subject. Lewis is counting on no one looking into the law.

The only reason Ray Meadows and Jim Lewis are suddenly worried about appointing  a Chief Budget Officer is because both have opponents and it is an election year.

If this daunting task, preparation of the annual budget, is being taken off the plate of the County Judge, why not reduce his salary and staff to fund the new position of Chief Budget Officer? If you already read the statute, the other option available to the Court is to appoint the County Auditor as CBO. You may not remember last year just before one newly elected member took office, the court voted to eliminate post retirement health insurance benefits for new hires. The argument at the time was new regulations made the calculations overwhelming for the Auditor. Since the Court relieved the Auditor of significant responsibilities, his salary should be reduced if he doesn’t want to do the job of CBO.  Only in Government can a persons job responsibilities be reduced and they suffer no reduction in pay but also continue to get annual cost of living increases. The newest member of the Court would do well to honor his campaign platform to run things more like a business.

Ineffective or corrupt…

According to Texas Prison Bid’ness Ray Meadows is quoted “Electronic Monitoring can save the county $800,000.00 a year.”  This with a dateline of Sep. 2007.

Meadows further says the county spends 1.2 million (that’s taxpayer dollars) housing prisoners with CEC due to overcrowding.

After Ray’s little plan was sidetracked by an Attorney General Opinion, taxpayers got to foot the bill for the law firm of Haley and Olson to petition State Senator Kip Averitt to pass S.B. 2340 to change the law and allow counties to implement electronic monitoring.

So today's question for Ray: Is your inability to implement electronic monitoring in more than two years due to your ineffectiveness as a commissioner or is it because you do not want to reduce the revenue of CEC whose affiliates are major campaign contributors?

In short, are taxpayers getting the shaft because he is ineffective or because he is corrupt?

 

 

Footnotes:
Jail Alternatives Can Save County Money Texas Prison Bid’ness 9/20/07
County officials are working on creating an electronic monitoring program after receiving the green light from a new state law. Waco Tribune Herald 7/15/09

More questions for Ray Meadows

More questions for Ray.

From Waco Tribune Herald 2/24/2010

The McLennan County Public Facility Corp. — a seven-member board consisting of the county commissioners court, county auditor and county treasurer — voted to release final payment to Hale-Mills pending a report from the structural engineer evaluating the stress cracks and recommending a solution.

1. Did the contributions/potential contributions from CEC affiliates influence your support of releasing the final payment? Why would you vote to release final payment with pending issues.

Texas local Government Code Sec Sec. 111.062 prevents a county judge in a county with a population over 225,000 from serving as Chief Budget Officer.

2. County population exceeded 225,000 in 2006. Why has the court ignored the law for more than two years?

See also News Channel 25 coverage and note the law says nothing about the census.

The law firm employed by McLennan County filed a brief with the Attorney General in the matter of the Sheriff receiving funds directly related to a contract he is a party to.

3. Did McLennan County Taxpayers get the bill for that brief being filed?

In 2006, McLennan County District Attorney John Segrest wrote an opinion that the court was under no obligation to remove a Constable who was elected by the people.

4. Why did you vote to remove the Constable the people had elected and the District Attorney said was guilty of no demonstrable misconduct?

5. Could it be that you are afraid to have a town hall forum because you have to much baggage you just can’t explain? At least Chet had the backbone to face his detractors.

Look in my eyes….

From: Baylor Lariat
3/3/10
Commissioner prospects to compete again in runoff

For Meadows, the biggest difference between this and previous elections was the change in technology and the ability of anyone to post anything on the Internet.

"I don't like these blogs," Meadows said. "You get people printing stuff that is falsehood."

Meadows said he does not like people hiding behind a shield of a password.

"I still believe in meeting people and letting them look in my eyes," Meadows said.

I am sure the Lariat got it wrong and Mr. Meadows said pseudonyms instead of password. 

Just in case, we will provide a little history lesson. Silence Dogood was the pseudonym of Benjamin Franklin. ‘Nuff said, I think if you can actually navigate to this blog, you can figure out the reference.

Sounds to me like Mr. Meadows is being a cry baby. I am pretty sure the British had the same take on Poor Richard's Almanack 1732 to 1758.

It is not in the interest of McLennan County to have an elected representative who appears to be  a luddite. Let’s see if we can offer a few words of wisdom to Mr. Meadows.

Call a town hall meeting so voters can “look into your eyes”. The Blogs are evidence the voters are dissatisfied with your representation. Here are a few questions you might anticipate answering.

The County lost $130K on your watch. Where is that money now?

1. July, as a result of the loss, you made the motion to cover the portion which would have been due CEC with taxpayer funds to the tune of $102K. Since taxpayers were covered by the existing contract and had no obligation to cover CECs loss, why did taxpayers get the bill?

2. Since the kickback to the Sheriff is contingent on receipt of the money, and Jim Lewis said it does not come from CEC, did taxpayers also pay the kickback to the sheriff when the County did not receive the $130K?

3. Please explain how it is not a conflict of interest that you made the motion for an exception to the existing contract, to the benefit of CEC to the tune of $102K and then received campaign contributions from their employees and affiliates?

4. Perhaps Mr. Meadows can explain the appointment of a constable who did not even live in the precinct.

Texas Election Code § 141.001. ELIGIBILITY REQUIREMENTS FOR PUBLIC OFFICE.

(a) To be eligible to be a candidate for, or elected or appointed to, a public elective office in this state, a person must:(5) have resided continuously in the state for 12 months and in the territory from which the office is elected for six months immediately preceding the following date: (E)  for an appointee to an office, the date the appointment is made.

5. Can Mr. Meadows explain why smaller counties publish the minutes of Commissioners’ Court on the Internet and McLennan County does not? Below is a Google Search link to find counties minutes and links to a few counties minutes.

Google Search for Commissioners Court Minutes

Coryell County	Cameron County
Tom Green County	Kaufman County

Tit for tat for the twit.

Waco Tribune Herald 2/9/10

Meadows says contributions not a conflict of interest

McLennan County Commissioner Ray Meadows received nearly $3,000 from executives of the company building the new Jack Harwell Detention Center on State Highway 6 for his re-election campaign.

“I believe in becoming friends with anybody that does business with (the county) because we can get more out of a friend than we can from an enemy,” Ray Meadows 2010

Back in July, the Bureau of prisons owed the county ~$130,000.00 for housing federal prisoners. There was some mixup and Medicare seized the money to offset a payment made on behalf of a county employees spouse. It's pretty complicated how the county "lost" $130K.

The contract the county has with CEC is interesting in two parts.

1st the contract stipulates payment to CEC is only due if the money is actually received. Way I read it, if the money is not received, it is CEC's problem.

2nd The contract prohibits use of taxpayer money to pay for the prisoners. This fact has repeatedly been touted by the county judge who lauds the clause as a protection for taxpayers.

Seems pretty simple. It is not a county problem. Remember these are not county prisoners.

Now politicians really try to keep campaign contributors happy. Ray Meadows did exactly that by making a motion for an exception to the contract and allow using taxpayer money to cover the loss experienced by his "Friends". If that is not interesting enough, besides the $102, 435.15 bill taxpayers got, did taxpayers also pay to cover the Sheriff's $1,000.00 a month kickback?

Sheriff's kickback and money laundering

I looked on the County website and found the fiscal year 2009 allowance and salary schedule for elected officials. From that document:

(3) The Sheriff’s salary may be supplemented from non-tax revenues up to $12,000 for detention monitoring compensation subject to, and contingent upon actual receipt of monitoring reimbursement funds under the Facility Lease, Operation and Management Agreement regarding the housing of Federal Prisoners at the Downtown Jail.

Why is the same not available for FY 2010? I don't know. Call your commissioner. 254-757-5000.

Key words here are non-tax revenues and monitoring reimbursement funds.

A private company can not contract with the federal government for the housing of federal prisoners. Only another government entity. McLennan County has such an agreement. Jim Lewis implies the county keeps a portion of the money paid by the feds for housing prisoners and passes the money on to the private company sans the "fee". Lewis tries to imply the Sheriff's kickback is paid from a portion of the "fee" and as such the kickback does not come from CEC.
The Feds do not pay a monitoring reimbursement fee. Note the wording above indicating the Sheriff receives his kickback contingent on the County receiving "monitoring reimbursement funds". If the feds only pay a per prisoner fee, where does the monitoring reimbursement funds come from? Can't be the feds.

I told you so.

Don't you just hate it when someone says that? In this case, Texas Attorney General Greg Abbot issued opinion GA-0760. This opinion should create two problems for McLennan County Sheriff Larry Lynch and County Judge Jim Lewis. For Larry, it makes clear that the Sheriff can not receive money from a private company that does business with the county. For Jim Lewis, it makes clear the existing contracts with the private company paying off the Sheriff are void.

Here are the links for more info. I will be following up on this soon.
http://thepatriotwriter.com/

News 25 Coverage

PDF version of the Opinion Request

Texas Prision Bidness story.

Waco Tribune Herald coverage