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.
