HUNDREDS
HUNDREDS OF CRIMINAL CASES ARE NOT BEING PROSECUTED IN TRAVIS COUNTY.
SOME OF THOSE CASES
TOSSED WITHOUT EVER SEEING A
JUDGE.
[NOTES:Q ON CAM HERE IN THE
PREEP]
THE KVUE DEFENDERS ANALYZED
A NEW PRACTICE -- THAT
PROSECUTORS SAY IS NECESSARY TO
WEED OUT BAD CASES.
BUT POLICE CONSIDER IT AN
AFFRONT TO THEIR WORK... AND SAY
IT MAY BE MAKING THE COMMUNITY
LESS SAFE.
HERE )S KVUE )S BRYCE
NEWBERRY.
CRIMINAL CHARGES THROWN
OUT.
SUSPECTS RELEASED WITHOUT
SEEING A JUDGE.
AGGRAVATED ASSAULT WITH A
DEADLY WEAPON.
ASSAULT OF A PREGNANT
WOMAN.
AGGRAVATED ROBBERY.
JUST A FEW OF THE 142
FELONY CASES REJECTED BY TRAVIS
COUNTY PROSECUTORS BETWEEN
MARCH AND JUNE OF THIS YEAR.
"OUR OFFICE HAS REALLY FOCUSED
OUR EFFORTS AND OUR RESOURCES ON
PROSECUTING VIOLENT CRIMES,
SERIOUS OFFENSES. AND THIS
PROCESS HAS BEEN HELPFUL TO
ENSURE THAT THAT )S HOW OUR
PROSECUTORS ARE SPENDING THEIR
TIME."
DISTRICT ATTORNEY JOSE GARZA )S
OFFICE IS NO LONGER PURSUING
CASES WITHOUT THE EVIDENCE FOR
PROBABLE CAUSE AND SOME DRUG
OFFENSES, AS PART OF A NEW
"EARLY CASE REVIEW" PROCESS.
THAT )S PART OF THE REASON
REJECTED FELONY CASES ARE UP
735% COMPARED TO THE SAME FOUR
MONTHS LAST YEAR ACCORDING TO
DATA OBTAINED BY THE KVUE
DEFENDERS.
BRYCE: " IS THERE ANY REASON TO
BELIEVE OR TO THINK THAT THIS IS
MAKING THE COMMUNITY LESS SAFE
BY REJECTING THOSE CASES?"
SOME IMPORTANT THINGS TO POINT
OUT. WHEN LAW ENFORCEMENT IDENTIFIES FOR US CASES THAT
THEY BELIEVE POSE A THREAT TO
PUBLIC SAFETY, WE WILL MOVE
FORWARD WITH PROSECUTION."
RECORDS SHOW 93 FELONY DRUG
CASES WERE REJECTED. THAT )S
ABOUT TWO-THIRDS OF THE ENTIRE
LIST WE OBTAINED.
AND OVERALL ABOUT 64
PERCENT OF THE FELONY CRIMES NOT
PROSECUTED WERE NEVER PRESENTED
TO A JUDGE.
THAT )S BECAUSE OF THE NEW
REVIEW PROCESS THAT STARTED ON
APRIL FIRST.
BUT CHOOSING NOT TO
PROSECUTE CASES IS DRAWING
CRITICISM FROM SOME IN TEXAS LAW
ENFORCEMENT.
CHARLEY WILKISON LEADS THE
UNION THAT REPRESENTS OFFICERS
STATEWIDE.
"WHEN YOU RAISE YOUR HAND AND
TAKE THAT OATH, IT )S TO THE
CONSTITUTION AND YOU DON )T GET
TO DECIDE BLANKET STYLE THAT
YOU )RE GOING TO PROSECUTE
CERTAIN KINDS OF CASES."
AND WHILE POLICE MAY NOT
LIKE IT EXPERTS SAY IT CAN BE
A GOOD PRACTICE.
"THE MAJOR PRO OF THE PROCESS IS
THAT IT PROMOTES EFFICIENCY OF
RESOURCES IN THE CRIMINAL LEGAL
SYSTEM."
KATHRYN DYER IS A CLINICAL
PROFESSOR AT UT )S SCHOOL OF LA.
"IT ALLOWS FOR THE PROSECUTOR TO
GET A LOOK EARLY ON ABOUT
WHETHER THERE WILL BE ENOUGH
EVIDENCE TO GO FORWARD TO TRIAL
AND THINK ABOUT WHETHER OR NOT
THAT )S A CHARGE THAT THEY WANT
TO PRIORITIZE."
D-A GARZA SAYS WHEN A CASE
IS REJECTED IT )S SOMETIMES
BECAUSE OF AN AGREED PLEA TO A
LESSER CHARGE.
" THE OVERWHELMING MAJORITY OF
DEFENDANTS WHO HAVE HAD CASES
REJECTED FACE ACCOUNTABILITY IN
SOME OTHER WAY THROUGH OUR
CRIMINAL LEGAL SYSTEM."
WE REVIEWED DOZENS OF THE
REJECTED FELONIES IN WHICH
"PROSECUTORIAL DISCRETION" LED
TO THEM BEING THROWN OUT SOME
BECAUSE "THE EVIDENCE IS
INSUFFICIENT." OTHERS.. REDUCED
TO MISDEMEANORS.
COUNTY ATTORNEY DELIA
GARZA )S OFFICE HANDLES
MISDEMEANORS AND IS REJECTING
THEM BY THE HUNDREDS.
AT LEAST 543 DURING THAT
SAME FOUR MONTH PERIOD.
"THIS OFFICE IS NO LONGER RUBBER
STAMPING POLICE ARRESTS. WE ARE
LOOKING AT THEM CLOSELY. WE ARE
LOOKING AT THEM EARLY."
202 OR ABOUT 37 PERCENT OF
THE REJECTED MISDEMEANOR CASES
WERE NOT PRESENTED TO A JUDGE AS
PART OF "EARLY CASE REVIEW."
MISDEMEANOR REJECTIONS
OVERALL JUMPED 132 PERCENT FROM
20-20.. AFTER ALREADY SPIKING
296 PERCENT LAST YEAR OVER
20-19, AS THE COUNTY REDUCED THE
JAIL POPULATION DURING THE
PANDEMIC.
"INSTEAD OF CREATING A SITUATION
WHERE SOMEBODY COULD HAVE THIS
RECORD THAT COULD AFFECT THEIR
HOUSING, STUDENT LOANS, ALL
KINDS OF THINGS, WE )RE ALLOWING
THEM TO NOT HAVE THAT KIND OF
RECORD IF IN FACT, AND A GREAT
MAJORITY OF THESE CASES, WOULD
HAVE BEEN REJECTED DOWN THE
LINE."
SOME OF THE REJECTED
MISDEMEANORS ARE FAMILY ASSAULTS
WHICH THE COUNTY ATTORNEY SAYS
ARE EXTREMELY COMPLICATED TO
PROSECUTE, ESPECIALLY WHEN
VICTIMS FEAR TESTIFYING AND
BEING RE-TRAUMATIZED.
"A CASE THAT IS REJECTED FOR A
SURVIVOR COULD BE CHILLING."
HEATHER BELLINO IS AN
ADVOCATE FOR DOMESTIC VIOLENCE
SURVIVORS.
SHE WORRIES CASES NOT
PRESENTED TO A JUDGE COULD MAKE
SURVIVORS LESS SAFE.
THAT )S BECAUSE IF PRESENTED
TO A JUDGE, AN EMERGENCY
PROTECTIVE ORDER CAN BE ISSUED
TO KEEP THE ABUSER AWAY FROM THE
VICTIM.
"RIGHT AFTER THE TIME OF ARREST
CAN BE THE MOST LETHAL TIME FOR
A VICTIM."
BUT STILL BELLINO HAS
CONFIDENCE IN THE PROSECUTORS )
OFFICES HANDLING THESE TYPES OF
CASES.
BOTH THE D-A AND COUNTY
ATTORNEY SAY ALL OF THE CASES
REJECTED TAKE INTO CONSIDERATION
THE VICTIMS ) WISHES.
"I DO THINK THAT THE OPPORTUNITY
FOR THIS PROGRAM TO GO WRONG IS
THERE. BUT WITH THIS
ADMINISTRATION, IT )S UNLIKELY.
FOR THIS PROGRAM TO GO WRONG IS THERE. BUT WITH THIS ADMINISTRATION, IT )S UNLIKELY."
BUT WILKISON IS CONCERNED
THAT IT WILL GO WRONG AND WILL
ALLOW LOWER-LEVEL CRIMES TO SLIP
THROUGH THE CRACKS.
" YOU CAN )T HAVE THE DISTRICT
ATTORNEY ENTER INTO AN OFFICE BY
SAYING, )THIS IS, WE )RE GOING
" YOU CAN )T HAVE THE DISTRICT ATTORNEY ENTER INTO AN OFFICE BY SAYING, )THIS IS, WE )RE GOINGO
DO THIS WITH THE LAW. ) IT )S NT
ALLOWED AND IT )S NOT
APPROPRIATE."
"ULTIMATELY, WE HAVE A
RESPONSIBILITY TO MAKE AN
ASSESSMENT AS TO WHAT WILL KEEP
THE COMMUNITY MORE SAFE."
A NEW WAY FOR JUSTICE
FUELING A JUST DEBATE.
IN AUSTIN I )M BRYCE
NEWBERRY.
NEWBERRY. AT THE BEGINNING OF THIS STORY, YOU HEARD ABOUT THE
FELONY ASSAULT ON A PREGNANT
WOMAN THAT WAS REJECTED.
SINCE KVUE PUBLISHED THIS
STORY ONLINE, THE DISTRICT
ATTORNEY )S OFFICE HAS PROVIDED
ADDITIONAL INFORMATION TO THE
DEFENDERS.
PROSECUTORS NOW SAY THE
SUSPECT IN THAT CASE WAS INSTEAD
CHARGED WITH A MISDEMEANOR,
AFTER THEY LEARNED THE WOMAN WAS
NOT ACTUALLY PREGNANT.
WE ASKED FOR DETAILS ON THE
REJECTED CASES WE REVIEWED AND
THAT )S THE ONLY ONE THAT WE GOT
SPECIFICS ON -- AFTER THE
DEFENDERS STARTED ASKING
QUESTIONS MORE THAN A MONTH AGO.
THE COUNTY AND DISTRICT
ATTORNEYS OFFICES TELL US "EARLY
CASE REVIEW" IS SOMETHING THAT
(SOME HAVE PUSHED FOR YEARS IN
TRAVIS COUNTY.
AND WITH JURY TRIALS HALTED
OVER THE LAST YEAR, PROSECUTORS
HAVE HAD MORE TIME TO FOCUS ON
REVIEWING INDIVIDUAL CASES.
IF YOU FEEL LIKE YOU )RE THE
VICTIM OF DOMESTIC VIOLENCE --
DON )T HESITATE TO CALL
AUTHORITIES.
YOU CAN ALSO GET HELP
THROUGH THE TEXAS ADVOCACY