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Texas justice strikes again

If it was a teevee show script, it would be laughed out of development.  Not even House of Cards would consider it because it's so ridiculous.  But it is government business as usual in Texas.

... Justice Bob Pemberton has worked for the former governor, representing him in court as his deputy general counsel. After that job, Perry appointed him to the Third Court of Appeals, which is now considering a request from Perry's lawyers to dismiss the abuse-of-power charges against him.

Pemberton also clerked for Tom Phillips, the retired chief justice of the Texas Supreme Court who is now on Perry's defense team. Pemberton's website features a photo of him being sworn in by Phillips — "his friend, supporter, and former boss." 

In addition to once working for Perry, being appointed by Perry and having clerked for one of Perry's current lawyers, Pemberton has been a political supporter of the former governor. Pemberton chipped in $1,000 for Perry's 2002 re-election campaign, according to state records.

No rational mind could come up with a scenario so absurd and call it 'justice'.

Judges are bound to have some connection to Perry, the longest-serving governor in Texas history, but Pemberton's relation is beyond the pale, according to some good-government experts.

"That court has always acted in a partisan manner, but in this case, Justice Pemberton should definitely recuse himself," said Craig McDonald, head of Texans for Public Justice, a liberal-leaning watchdog group responsible for the complaint that led to Perry's indictment. "There should definitely be a recusal." 

According to the Texas Rules of Civil Procedure, a judge must recuse himself or herself in any proceed in which "the judge’s impartiality might reasonably be questioned."

Pemberton did not respond to return a call and email Friday afternoon, and a court representative said he could not comment on the situation. In an email, Perry attorney Tony Buzbee rejected the need for Pemberton recuse himself. 

"Is it a conflict that our trial judge used to be supervised by the special prosecutor and that the trial judge then appointed the special prosecutor? I do not think it is a conflict or a story," Buzbee said.

Buzbee has, as he continues to reveal, gone way past his ethical expiration date also.

Judge Bert Richardson, who is now on the Court of Criminal Appeals, continues to oversee the Perry case. He was appointed after Travis County judges recused themselves from hearing the case. He appointed Mike McCrum as special prosecutor. McCrum used to supervise Richardson when the two worked at the U.S. attorney's office in San Antonio.

On Wednesday, the parties in the case were notified that three judges had been tapped to hear the appeal: Justices Scott Field, Scott David Puryear and Pemberton.

Where have we heard Puryear's name mentioned previously? Oh yeah, he and Pemberton sat on the three-judge panel that dismissed Tom Delay's money-laundering conviction, telling us that the definition of "campaign funds" does not include checks.

Perry's lawyers are working to persuade the appeals court to dismiss the indictment against the former governor, who was indicted last year on charges he abused his office and coerced a public servant. Perry's attorneys are seeking to reverse a decision in January by Richardson to let the case proceed.

Perry's lawyers have also filed a separate request to Richardson to quash the indictment, which was amended by prosecutors.

The fix is in again, folks.  This is what you get when you vote for people because they have an R behind their name.  And also what you get when you don't bother to vote at all.

A really bad week for Sheriff Garcia

Your basic hope-nobody's-looking Friday afternoon dump (pun unintended).

Harris County Sheriff Adrian Garcia on Friday fired six jailers and suspended 29 other employees after an investigation into deplorable conditions in one cell where a mentally ill inmate was left unattended for weeks.

The action on Friday comes three weeks after two detention officer sergeants were indicted in the case involving the care of Terry Goodwin, who was surrounded by bug-infested food containers and a feces-clogged toilet.

The suspensions range from one day to 10. One chief deputy is also expected to resign and another top staffer will be demoted.

More.

Civilian employees Ricky D. Pickens-Wilson and John Figaroa are alleged to have signed off on a cell check form, lying about the decrepit condition of Goodwin's cell. They could face two to 10 years in jail and fines up to $10,000.

Yet this charge focuses on the cover-up, not the crime itself. Where's the indictment for neglect or lawsuit for cruel and unusual punishment? No one said that jail should be the Four Seasons, but the pictures and descriptions of Goodwin's cell paint a portrait of a Sheriff's Department lacking in oversight.

Harris County Sheriff Adrian Garcia has said that he hopes this incident doesn't tarnish the good work of honest detention employees. But this isn't merely an issue of bad actors or rogue agents. Our jail system suffers from regular problems of poor inmate treatment.

One Harris County inmate died in 2014 after being forcibly removed from his cell, warning that he was going to pass out. Eight sheriff employees avoided any indictment for criminal wrongdoing.

In 2012, a 72-year-old mentally ill inmate died after a detention officer punched him in the face and left him bleeding in his cell. A deputy and two detention officers were fired as a result. Garcia even fired two deputies in 2010 who were receiving sexual favors from female inmates in exchange for cigarettes and soft drinks.

Hmm. Were those smokes and Cokes purchased in the jail's commissary for inmates, thereby paying for the consultant who's saving so many of our tax dollars?   Some might call that a 'win-win'.  (Not me, but somebody.)

Members of the Sheriff's Office command staff have done a fine job avoiding responsibility for Goodwin's treatment. Even when the facts came to public knowledge more than a year after the incident, Garcia could only seem to respond with a press conference, sputtering about how "damn mad" he was. Yet the sheriff still has failed to explain how we have a system where someone is locked in a rotting cell for months and nobody in charge notices.

Two men working in the Harris County Jail will face charges, as they should.

But law enforcement leaders need to get out of their default mode that says this is only a few rogue employees. There is a stench in the air and we might as well be covering it up with orange rinds and toilet paper.

I don't see how Garcia can run for mayor at this point and reasonably expect to be elected.

Update: More from the Houston Press.