287(g)

Posted by Tom Abrahams (abc13.com) on May 24, 2009

Do you know what the federal 287(g) program is and why it's getting a lot of attention in Houston?

The program is (as described by the ICE website):

Section 287(g) of the Immigration and Nationality Act

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), effective September 30, 1996, added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act (INA). This authorizes the secretary of the U.S. Department of Homeland Security (DHS) to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.

The cross-designation between ICE and state and local patrol officers, detectives, investigators and correctional officers working in conjunction with ICE allows these local and state officers: necessary resources and latitude to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering; and increased resources and support in more remote geographical locations.

Local law enforcement agencies must apply to become a part of this program. And there are two aspects to it.

The first gives jailers the ability to better identify criminal aliens through federal databases. the second allows officers/deputies on the streets to ask about immigration status.

Harris County has used the program in its jail since September 2008 and Sheriff Adrian Garcia tells me that they've identified 1200 criminal illegals and notified ICE about their incarceration.

The City of Houston has applied for the same part of the program for use in its jail. It is awaiting approval.

But the head of the Houston Police Officers Union, Gary Blankenship, would like to see the program utilized fully.

That's not sitting well with a local immigrants' rights group who doesn't like the idea of 287(g) at all.

Man skips jury duty, jailed for 83 days

McKINNEY, TX -AP- A Texas man arrested 12 weeks ago for allegedly failing to appear for jury duty was released from jail Saturday after spending 83 days behind bars, according to online court records.

A newspaper inquiry led to the Saturday release of 34-year-old Douglas Maupin, a day after The Dallas Morning News brought his plight to the attention of a Collin County judge.

Maupin was arrested Feb. 15 after police pulled him over for speeding. Police detained him on a 2003 warrant for failure to appear for jury duty. He could not pay his $1,500 bond and said his attempt to get a public defender was rebuffed by a jail clerk.

The judge who released him called Maupin's lengthy detention unacceptable and said he didn't know why the man remained behind bars for so long.

"He should not have spent that much time. This is unacceptable," District Judge Chris Oldner told The Dallas Morning News. "I don't know why the process failed to notify us."

The judge who signed the original 2003 warrant has retired. The case was assigned to the court of the judge who replaced him, but the offense didn't fall under that court's responsibility, officials said.

Oldner said that, as the Collin County administrative judge, the case was his. But Oldner said he was unaware Maupin was in the detention facility until Friday. Oldner added that Maupin should have been allowed to apply for a public defender.

"I'm disappointed this has happened. I am going to investigate," Oldner said.

Maupin is a masonry contractor, and said in a jailhouse interview that he didn't have the money for bail and that his friends and family couldn't afford to help him.

Besides the jury duty warrant, Maupin also had seven charges on his record for failing to pay tolls with fines totaling $2,236. Five of those cases were dropped by the court in March, and the remaining two were dropped for time served in April.

Maupin also had two outstanding warrants for a speeding ticket and driving with no insurance in Arlington, but a police spokesman told the newspaper that a municipal judge has agreed to drop the charges and allow him to be released on time served.

Maupin wrote a letter to the newspaper about his lengthy jail stay, prompting the media inquiry.

"I understand I am partially responsible, but I just want my day in court," he said during a jailhouse interview. "I do know I have the right to due process and a speedy trial. I've had neither. It's not right."

Are innocent people behind bars?

By Tom Abrahams

HOUSTON (KTRK) -- Are innocent men and women in prison for crimes they did not commit? One man was released last week after evidence in his case turned out to be wrong. The man who helped him said there are more people behind bars in the same boat.

New testing is revealing new light on dozens of cases where the Houston Police Department crime lab made errors in criminal cases.

For the last year and a half, a small team led by a local attorney has spent countless hours poring through old evidence in dozens and dozens of serious crimes. The cases were closed and the suspects convicted, but because of doubts about the HPD crime lab's work for the better part of two decades, some of the men and women put behind bars years ago are getting a second chance to prove their innocence.

On the 20th floor of the criminal courthouse in a small office, you find name after name lining the walls. Next to the names are crimes.

"All of the cases are serious cases. Murders, sexual assaults, that sort of thing," said attorney Bob Wicoff.

To Wicoff, every one of these names has meaning and every one of them is a case where the HPD crime lab made a mistake.

"We have cases where it looks like crime lab employees actually changed the results of their testing to fit who they thought was the guy," said Wicoff.

All 160 of the cases were referred to Wicoff and another lawyer by Michael Bromwich, whose investigation into the crime lab's faulty work found so many problems which all involve serology.

"Serology is basically body fluids. Blood, semen, saliva," said Wicoff.

It was the work done in this office that freed Gary Richard just last week.

"Gary Richard is very satisfying," said Wicoff.

Richard went to prison for a crime Wicoff found he could not have committed based on new scientific testing. He spent 22 years behind bars.

"It's a blessing," said Richard.

Wicoff said Richard is the exception and that most of these names and cases are ultimately unaffected by whatever errors the crime lab made. However, there are still more where Wicoff suspects innocence but evidence no longer exists.

"There must be incredible frustration and heartbreak for guys who are sitting in prison, who i have sat with in prison, who have a really strong claim but we can't prove it," said Wicoff.

Yet, still he works, trying to find the truth about the names that line the walls.

Wicoff said he hopes to finish the preliminary work on all 160 cases by the end of the year. Then he expects to post his findings for all of the cases online. There could be as many as a half dozen convicts who see new trials.

Harris County District Attorney Pat Lykos has taken steps to make sure evidence is handled properly when it gets to the HPD crime lab. In March, Lykos started requiring DNA tests in all cases where it's available. The change was made after an innocent man's DNA wasn't screened before he spent more than five years in prison.

Deputy fired over official oppression

By Christine Dobbyn

HOUSTON (KTRK) -- Eyewitness News has learned a Harris County Sheriff's Deputy is out of a job, fired for abusing his authority. It all had to do with $17 his wife said was stolen from her vehicle at a car wash.

A Lieutenant is accused of shutting down a car wash in Humble for about an hour. His attorney told us they are filing an appeal to try and get his job back.

The Internal Affairs investigation began last July after allegations that Lt. Louis Guthrie with the Harris County Sheriff's Office stepped over the line.

KTRK Legal Analyst Joel Androphy analyzed the case and said, "It's not the uniform always, it's the badge and saying who you are."

Sheriff's deputies said Guthrie's wife called and claimed about $17 was stolen from her car at an Humble car wash. Guthrie allegedly arrived, shut the car wash down, and even called for backup.

"In this situation, he used the power of the sheriff's department to bully somebody and that is not acceptable conduct," said Androphy.

This week, the Harris County Sheriff's Department fired him for official oppression.

"I'm sure, looking in hindsight, if he had the whole thing to do over again, he'd probably do it differently," said Guthrie's attorney, Earl Musick.

Musick, a former police officer, said they are appealing Guthrie's termination. He said the administrative punishment is excessive.

Apparently, Guthrie's wife has to make frequent trips to the medical center.

"She keeps the money in there to pay for parking as she goes in and out of the medical center. So she was very, very upset and I'm sure that played a part in Lt. Guthrie's reaction," said Musick.

Guthrie has had previous letter of reprimand in his personnel file from 1995 to 2006. Musick said those may or may not have been a part of this decision, but he believes the punishment is too much for the 17-year veteran.

"If he did in fact make a mistake, is that mistake worth ending his career as a peace officer?" said Musick.

Others argue after 17 years, Guthrie should have known better.

"You can't use the sheriff's department for your own personal issues," said Androphy.

Guthrie and his attorney are now waiting for a date for an appeal hearing to be set.