(From FortBendNow.com) Hebert's Smears Force One Candidate Out of the Race: Small Drops Bid for Chief County Judge!
To read this entire article click on the title link above or use this address: http://www.fortbendnow.com/news/636/facing-pressure-from-his-past-prescott-small-drops-out-of-county-judge-race
Facing Pressure From His Past, Small Ends Bid For County Judge
by Bob Dunn, Jan 26, 12:19 pm
Facing mounting pressure stemming from an incident in his past, Prescott Small, Democratic candidate for Fort Bend County Judge, said Thursday he intends to have his name removed from the party ballot.
Prescott Small
However, according to Fort Bend County Elections Administrator Steve Raborn, it’s too late for Small’s name to be removed from the Democratic primary election ballot, where he faces no opposition. Small likely can have his name removed from the general election ballot.
Small, a Stafford information technology specialist, acknowledged being arrested at age 17 for breaking into a building. He said both he and his attorney believe he received a deferred adjudication, complied with required court terms and does not have a conviction on his record.
However, he said he’s been unable to ascertain whether any legal barriers to running as a candidate remain.
The incident remains a part of the public record, which Small’s opponent, incumbent County Judge Bob Hebert, noted as part of a two-page political flier he distributed earlier this month titled “Introducing Democratic Candidate Prescott E. Small.”
Small said the effort required to defend his personal reputation has added “extra pressure” on he and his wife, who have decided they would like to begin raising a family. “We just don’t think we can do both,” he added.
He also said he believes local Republicans intended to try to use his past to tarnish the images of other Fort Bend County Democratic candidates.
“I made a foolish mistake in my youth. I learned from it and I moved on,” Small said. “But apparently that’s not good enough if you’re a Democrat.
“I knew these things would come up, and I was prepared to deal with it no matter how much it hurts, because I believe I’m showing I am honest and transparent,” Small said.
“I’m enduring personal pain and I’m enduring suffering in order to tell the truth. And I think that makes me a better person.”
Hebert called Small’s decision a Democratic Party matter.
“I was prepared to run against whoever shows up,” Hebert said. “If (Small) is not going to run, then I’m happy. But it’s very much up to the Democratic Party.”
Small said he has been complying with Texas Secretary of State requirements in completing paperwork and closing out a campaign bank account. He said all campaign money on hand will be donated to the Fort Bend County Democratic Party.
As of Thursday morning, county Democratic Party Chair Elaine Bishop said she had not spoken to Small in an official capacity, and his name has yet to be officially removed from the ballot.
1 Beverly Blaha Lanfear - Jan 26, 04:42 pm
I believe in Mr. Small’s case, it is totally ludicrous in bringing up his past as a young teen. We all make mistakes in our life! Deferred adjudication is not a conviction as Stated by the Texas Law. It’s wrong in allowing these records to be sold by the Texas DPS to background check agencies. By allowing such prosecution to go on is costing millions of Texan’s who have taken deferred adjudication horrible ramifications! Why? There is no expunction law for deferred adjudication. It is insane to hold this over some body’s head, when they have gone years to never, break the law again! Did our very own President not have a DWI expunged years back? How much longer can we continue to let good, honest citizens, that have proven themselves above and beyond, to be discriminated against!? This is Justice? No way! Wake up people…for goodness sakes…wake up!
Sincerely,
Beverly Blaha Lanfear
posted by responsible_dvlpmnt at Thursday, January 26, 2006
20 Comments:
This comment has been removed by a blog administrator.
Comment from FBNow.com:
1 Beverly Blaha Lanfear - Jan 26, 04:42 pm
I believe in Mr. Small’s case, it is totally ludicrous in bringing up his past as a young teen. We all make mistakes in our life! Deferred adjudication is not a conviction as Stated by the Texas Law. It’s wrong in allowing these records to be sold by the Texas DPS to background check agencies. By allowing such prosecution to go on is costing millions of Texan’s who have taken deferred adjudication horrible ramifications! Why? There is no expunction law for deferred adjudication. It is insane to hold this over some body’s head, when they have gone years to never, break the law again! Did our very own President not have a DWI expunged years back? How much longer can we continue to let good, honest citizens, that have proven themselves above and beyond, to be discriminated against!? This is Justice? No way! Wake up people…for goodness sakes…wake up!
Sincerely,
Beverly Blaha Lanfear
This comment has been removed by a blog administrator.
This post comes from a blog who is administered by someone calling himself a Christian, but really his family runs a business that helps keep the Herbert types (machine politics) in office. Here is his twist/spin on the Small withdrawal.:
"Candidates Are Dropping Like Flies!
The candidate who was looking to “take the fight to the religious right” and “knock them back on their heels”, has reportedly withdrawn as a Donk candidate for Fort Bend County Judge. And he cites the revelation of his criminal record, a story broken here a few weeks ago and widely distributed by the Hebert's, as the reason why.
The incident remains a part of the public record, which Small’s opponent, incumbent County Judge Bob Hebert, noted as part of a two-page political flier he distributed earlier this month titled “Introducing Democratic Candidate Prescott E. Small.”
Small said the effort required to defend his personal reputation has added “extra pressure” on he and his wife, who have decided they would like to begin raising a family. “We just don’t think we can do both,” he added.
He also said he believes local Republicans intended to try to use his past to tarnish the images of other Fort Bend County Democratic candidates.
“I made a foolish mistake in my youth. I learned from it and I moved on,” Small said. “But apparently that’s not good enough if you’re a Democrat.
“I knew these things would come up, and I was prepared to deal with it no matter how much it hurts, because I believe I’m showing I am honest and transparent,” Small said.
“I’m enduring personal pain and I’m enduring suffering in order to tell the truth. And I think that makes me a better person.”
This poor guy makes absolutely no sense. I hope its just the fact that Dunn edited his comments that make Scott's statements so confusing. “I was prepared to deal”... but now, he's dropping out because he's “enduring suffering”. Weird stuff.
Oh well, congrats to Bob Hebert on four more years the easy way."
_____________
Makes perfect sense junior. Maybe you need to go back and take some remedial reading at A&M again. . .;-)
Doesn't Allen Owen, Missouri City Mayor, support Hebert?
Another comment on the FBNow story:
2 , - Jan 26, 06:34 pm
“The incident remains a part of the public record, which Small’s opponent, incumbent County Judge Bob Hebert, noted as part of a two-page political flier he distributed earlier this month titled “Introducing Democratic Candidate Prescott E. Small.”
Hebert is a fine one to be speaking about ethical behavior. It’s just to bad he had to revert to the lowest political tactics to run off what appears to be an honest individual who turned down the the special interest money that has been buying the ads that smeared Small. I’m a republican who is ashamed of some in my party and the lengths they will go through. Those are the people who should be exposed and run out of the political process. All to often we end up with the survivors and not the creme. So long Prescott and good luck in anything you do and keep the principles you believe in. The machine can’t win forever and honest voters are waiting patiently. I for one will not cast a vote for the chief county judge position in protest and encourage all other independents, republicans and democrats to do the same. It’s too bad we can’t actually vote no for a candidate that we have no confidence in because Mr. Hebert deserves that NO vote!
And another:
3 r. ruiz - Jan 26, 07:00 pm
In this situation and millions of others in Texas. It is obvious that the idea behind deferred adjudication is a lie. This form of probation was intended to give people an opportunity to move on with their life without a conviction and live a normal life: getting jobs, higher educatio, licenses etc.
What has happened is that because the state does not remove this from the record and federal laws have changed, the fact that it is on the record acts as a conviction.
The state of texas is using this probation as a baragaining tool to clear cases in an unethical manner.
If the state of texas truly dismissed these cases then it would remove them from the record upon completion.
I have worked at a human resources consulting firm for several years and this happens frequently.
The state of texas needs to remove these probations from the record to dismiss these cases for it to be effective.
S
I think it was a mistake for Mr. Small to drop out. He is a good citizen and did nothing wrong. A small blemish from his youth should not have come out like this.
Herbert went down to the lowest of the lows with his tactics. I think less of him now than before if that is even possible.
I say vote for the Man who changed his life and rose up beyond his youth. Mr Small.. Stay in the rase.. Herbert is less mature than you.
I wish it was up to Small to make that decision but from what I've heard the party supports his withdrawal. It would have been nice if he'd run as an independent. It is too bad that no one will oppose Hebert now. --Nothing worse than a hypocrite watching your tax dollars!
Here's another FBNow comment:
4 Rob Sandifer - Jan 26, 08:30 pm
I personally believe that ANYONE, especially a sitting incumbent judge, who
smears another candidate’s name by making a NON-CONVICTION (deferred adjudication IS a NON-CONVICTION) a campaign issue does not deserve to hold office himself because it reveals a very distinct and seriouis character flaw in such an individual – such person is incapable of understanding that EVERYONE…including our very own President Bush (DUI charge back in ‘76 I believe it was) have made mistakes in the past. When President Bush was running for office back in 2000 and it was leaked to the news media about his DUI incident from long ago…what did his Republican allies say? They said they believed that a person’s long ago past should not be held against a person running for office. Too bad that THIS sitting Republican, Bob Hebert cannot practice what his own party preaches.
Rob Sandifer
Co-founder, TAJLR
www.tajlr.com
Hebert's response after he heard about the Small withdrawal from the race:
"“If (Small) is not going to run, then I’m happy."-Hebert
__________
I wonder how happy voters/citizens of this community would be if Hebert made such an announcement? . . . ;-)
I guess the choice was between a semi-corrupt official and an atheist? At least the athiest wasn't a hypocrite
"This post comes from a blog who is administered by someone calling himself a Christian, but really his family runs a business that helps keep the Herbert types (machine politics) in office. Here is his twist/spin on the Small withdrawal..." After reading a bit on that site all I can say is:
I guess some of us should get him the
"My Mom (and the GOP) think I'm special" t-shirt.
. . . ;-)
-Good one!
More comments from the FBNow Hebert controversy:
5 voterwise - Jan 27, 05:08 am
Hebert comes from the county machine that supports this type of tactic though. He won’t admit his own flaws like his involvement with the current issues MUD-ECO scandal (his former company), Dept. of Justice voting investigations of this county, His opposition to HB914 (disclosure law), his involvement in the “road diversion (which is the disguised airport expansion), amongst others but will pay to dig up dirt and create fliers to point the finger. Of course misleading voters in the present isn’t half as bad as something 22 years old from someones youth . . right?
6 Christiana Nutter - Jan 27, 08:57 am
It is a sad statement of our society and a perversion of our political system/government, when a citizen (such as Mr. Small) wants to step up and make a difference, and then has to withdrawal because his opponent is not attacking his political stance, but attacking Mr. Small personally by dredging up a past issue (is it really an issue?) that occurred when Mr. Small was 17! My point here is not to dwell on what was done and when and how, but to make the following statement to Mr. Hebert:
Shame on you, Mr. Hebert. Shame on you for not having enough conviction in how well you are doing your job, being able to stand on that conviction, and shame on you for resorting to mud slinging and character assassination in order to hold on to your job. If you have no confidence in your job performance, how can your constituents have any confidence in you? You should be held to the higher standard of accountability considering you are currently and have been responsible for how all Fort Bend County funds are handled and distributed. Your actions do not fill me with confidence.
Christiana Nutter
7 TexasNative - Jan 27, 11:38 am
I really can not believe what I am reading. IF Mr. Small’s conviction was as a MINOR, would it have not been sealed? I was under the impression that a persons record was sealed at the age of 18. Mr. Small pleads guilty to felony burglary as an adult! He’s an self-declared atheist, who wanted to run for any available position and he cares nothing for the welfare of the county, just promoting his “no God” platform. Is that truly the stand of the Democratic Party? As any candidate would, either Republican or Democrat, Mr. Hebert researched his opponent once Mr. Small declared his intention to run – and it just amazes me that Mr. Hebert completed honest searches of public records and freely available websites and shares that publicly available information and he’s slammed for it? Mr. Small can COMMIT a felony and he’s being unfairly treated for being called out on it?
8 Leon Hardy - Jan 27, 11:41 am
Our state is fast becoming a 1 strike (or near miss) and you are out (forever). Almost 2 million people in this state are caught up in “the system” and have no hope to move on. We have to realize that people often make mistakes and they often learn from them. What is the point in offering a deferred adjudication with the main point of “you wont have a criminal conviction” if the State will not honor that upon successful completion? Just having it there on the background check is damning in of itself. The state should get a grip and allow individuals who made one mistake a true second chance. This whole issue reminds me of the movie “The Tuskeege Airmen”. “You invite us to the poker game, but you dont deal us a fair hand and you expect us to win.” (or something to that effect)
9 Fernando - Jan 27, 11:41 am
I wonder where critics of Mr. Small were when President Bush was campaigning for his current position.
10 Concerned voter - Jan 27, 12:22 pm
Hebert engaged in this Karl Rove mud slinging to hide his own record of a culture of corruption and cronyism. If you look at his campaign contributions, you will realize Fort Bend County is for sale. Hundreds of thousands of dollars from out of county vendors who do business with the county gave to Hebert. Jack Abramoff and Hebert crony Tom Delay would be proud. Futher, Hebert has used the county payroll to hire Gop flunkies like Thode’s mother, J.C. Whitten,Jackie Clark, Pedro Ruiz , Jim Shoemake, Harold Kennedy and the list goes on. Mike Brown and FEMA would be proud. Public policy should be decided by the free market place of ideas, not political favors and cronyism.There is no difference in the acts of Hebert and his lobby crowd and Delay and his.
11 TX LEGAL EAGLE - Jan 27, 12:40 pm
These answers are provided as a public service and represent the District Attorney’s good faith understanding of the Texas non-disclosure statute. They are not intended to substitute for independent legal analysis by an attorney in private practice, however. The District Attorney strongly urges anyone pursuing a petition for nondisclosure to consult with an attorney of his or her own choice. For referral to an attorney, please call the Houston Bar Association at 713-759-1133.
Q Are deferred adjudication records public?
A Yes. Although there is a common misconception that deferred adjudication records are removed from a defendant’s criminal history upon successful conclusion of the community supervision (probation) period, the law does not provide for automatic expunction of deferred adjudication records.
Accordingly, unless there is a court order directing otherwise, records of a prosecution resulting in a deferred adjudication are publicly available in the District Clerk’s records and the Justice Information Management System (JIMS) database maintained by Harris County, Texas.
12 TX LEGAL EAGLE - Jan 27, 12:47 pm
1. What is an expungement?
Upon the petition of a criminal defendant, a court can direct certain law enforcement agencies to destroy all records associated with an arrest and subsequent prosecution. Many times the court will specifically direct law enforcement agencies to destroy jail records, police reports, prosecution reports and court files. In addition, a successful expungement petitioner, can legally deny ever having been arrested for or charged with the criminal offense for which he is receiving the expunction
13 TX LEGAL EAGLE - Jan 27, 01:08 pm
THIS INFORMATION IS READILY AVAILABLE… STRANGE THAT HIS ATTORNEY, NOR HIS WIFE, AN ATTORNEY HERSELF DID NOT ADVISE HIM OF SUCH.
THE BOTTOM LINE IS THIS, HE IS A FELON. YOU CANNOT POSSIBLY HAVE A FELON RUN UP AGAINST SOMEONE AS BOB HEBERT.
IF YOU WANT TO BE TAKEN SERIOUSLY… GET A REAL CANDIDATE. YOU KNOW VERY WELL THAT IF YOU HAD FOUND THIS IN BOB’S PAST, YOU’D HAVE RAKED HIM OVER THE COALS FOR IT, SO MOVE ON AND GET SERIOUS ABOUT THE REAL ISSUES.
14 - - Jan 27, 01:31 pm
Good point Leon and those that hold the reigns of power grip them so tightly that when the rules don’t work for them they simply change those rules. Notice all the ethics mistakes lately that incumbent, Hebert, has been involved with, but no action by their DA is ever taken on those “conflicts of interest”. Sorry folks the game is just a tad rigged. Get out and vote and take back the control. That is the only way. These people who use the smear as a common tactic will not give up without a determined voting public! It may be too late for Prescott but not for Delay and the rest of his machine.
More FBNow.com comments on this (what a topic--Ethics in local gov't):
14 - - Jan 27, 01:31 pm
Good point Leon and those that hold the reigns of power grip them so tightly that when the rules don’t work for them they simply change those rules. Notice all the ethics mistakes lately that incumbent, Hebert, has been involved with, but no action by their DA is ever taken on those “conflicts of interest”. Sorry folks the game is just a tad rigged. Get out and vote and take back the control. That is the only way. These people who use the smear as a common tactic will not give up without a determined voting public! It may be too late for Prescott but not for Delay and the rest of his machine.
15 Ed Smith - Jan 27, 02:52 pm
After reading the above opinion of the District Attorney, who I am assuming is “TX Legal Eagle”, sounds like what the County needs most is a new DA! He is obviously aware of the negative effect of deferred adjudication, and the fact that it is better for most defendants to take straight probation instead of DA. There is a “dirty little secret” about deferred adjudication that is over-looked by most casual observers, it is economically and racially biased. According to the last census, African-Americans made up about 15% of the State population, and according to TDPS statistics, approximately 35% of the prison population and 55% of the deferred adjudication probation cases are African-American. Why is there so much disparity? Because District Attorneys across the State love the power of deferred adjudication, and their ability to coerce low income minorities into accepting DA as an alternative to prison, even if the person is innocent. Sound too incredible to be true? Ask Beverly, the first person with a comment on this article. She experienced the fraud of deferred adjudication first hand. Even when the accused person was found to be 100% undeniably innocent, the district attorney prosecuting the case still attempted to continue the prosecution. It was not until She made it clear that the charges would be fought in court, did the district attorney relent and drop the charges. This is even more evident as a socio-economic issue when you look at President G.W. Bush, who was able to get his alleged conviction expunged. How many low income African-Americans have been able to get their convictions expunged? How many low income minorities have Judge Hebert helped get their records expunged? I’ll bet a paycheck I could count them on one hand, if any.
16 - - Jan 27, 03:13 pm
I see CE and family are trying to counter spin the angry electorate. That’s what they get paid to do. I might add to the pro-Hebert repub above that Small came to this race from the repub party after becoming disillusioned with the machine that runs this area. He took an oath not to take the special interest funds (developers and vendors) that Hebert revels in. There is no comparison.
17 Ed Smith - Jan 27, 03:30 pm
This article brings up a higher question that is the real heart of this debate. If a person completes they’re sentence and is deemed safe to re-enter society, why are they denied any of their civil rights? Why should any records be kept? If the person is a risk to be a repeat offender, then they should not be released from supervision, whether it is prison, parole, or probation. Why are Judges and District Attorneys releasing predators into society without supervision? Either a person has reformed and is capable of contributing positively to society, or the judicial system must impose prolonged supervision on them. Specifically, if a person is a sexual predator, why are the district attorneys offering them deferred adjudication, and why are the Judges approving it? The answer is that it is expedient. There is little or no regard for public safety as long as it’s quick and they get an “attaboy” for a pseudo conviction. If a person is not safe for society, keep him under supervision of some sort. If a person is safe for society and has demonstrated so for a significant number of years, then he should have all his civil rights restored, to vote, to own a firearm, to run for elected office, to be a school teacher, to hold a professional license, etc. What has been created now is a cast system, with all ex-offenders, regardless of their threat level, being treated as second class citizens and forever less than other citizens. I, and several others I know, are living proof that a person can reform and never commit another crime. It has been 15 years since I completed 2 years of probation. Yes I committed the felony, and yes I pled guilty to receive deferred adjudication probation. I learned from my mistake and I have no desire to ever commit another felony. So why is it that the Non-Conviction or No Finding Of Guilt, as it is officially registered by the court, has become a life sentence without any way to be absolved? If you think Non-Disclosure is the ticket, you’re wrong. Technology has already made it obsolete. Background check companies have learned that they can get around the non-disclosure by hosting their information from an off-shore web address that does not have to follow any US court orders. I see a future where microchips implanted within us will take the place of the dot of paint on ones forehead to identify your cast and limit your civil liberties. This is not conjecture, it is already happening, and when people like Judge Hebert abuse public records to defame a rival it becomes clear what terrible consequences the future holds.
18 Susan - Jan 27, 03:31 pm
Concerned voter,
Please check your facts. Many of the people you claim that Mr. Hebert put on the county payroll pre-date his tenure as county judge. It decreases credibility when one make baseless claims.
19 TexasNative - Jan 27, 03:36 pm
Since when are FACTS mudslinging? Don’t the Democrats who chose to vote deserve to have the WHOLE background of the candidates? The burglary conviction is a fact, and people, all people deserve to know the facts. I don’t believe that Judge Hebert has ever been charged with a crime, much less convicted. But that being said, I am gravely concerned that the Democratic Party would support and endorse someone who so colorfully promotes his Atheist beliefs and would I believe would seek to use a public office as a forum to promote his private beliefs. What bothers me most about Mr. Small is not his criminal record, but his personal blog comments such as “I am seriously considering a run for a political office, any really. As long as I can take the fight to the religious right, knock them back on their heels and keep charging. It is time to make a stand.” Mr. Small didn’t want to better the county, he just wanted a soapbox to stand on. Contrary to the many conspiracy theories I see floating around this publication, Bob Hebert is a highly ethical self-made business man, has never taken an illegal contribution, and has done a terrific job in his first term – I personally am looking forward to seeing the county benefit from his unprecedented leadership.
20 TX LEGAL EAGLE - Jan 27, 03:47 pm
AH ED, I’M NOT THE D.A. HON. YOU MISSED TWISTED THE POINT COMPLETELY, BUB.
21 TexasNative - Jan 27, 03:50 pm
I’m not thinking that TexasLegalEagle is a DA, It looks to me like they posted definitions from a legal website.
More from the big debate:
21 TexasNative - Jan 27, 03:50 pm
I’m not thinking that TexasLegalEagle is a DA, It looks to me like they posted definitions from a legal website.
22 Concerned voter - Jan 27, 04:12 pm
There is a difference in illegal and unethical contributions. Either one is still trying to buy influence. As to the cronies, he keeps them on the payroll except Thodes’ mother who was just let go after heat was raised. When we found problems with Mr. Small, he did the right thing to withdraw. When is Hebert, Delay and company going to do the same?
23 - - Jan 27, 04:36 pm
Looks like Hebert has finally found this site and is trying to speak for himself (TXNative?). Small is a victim of a smear campaign lead by a marketing/PR group that works with the repubs. 22 years ago this teen prank took place. It doesn’t compare to the business as usual antics of Hebert. I’m a Christian/Repub. who would vote for a secular humanist anyday over a corrupt politician. Ck the facts on the vendors, contributors and see who is getting special treatment in this county!
24 Beverly Blaha Lanfear - Jan 27, 04:52 pm
Ed…You better believed we experienced it first hand. I know that the incident kept occurring in that area, after my son immediately moved back home, 3 hours away from that college town, same discription of the current suspect as my son was identified as, from strictly a photo line up. He weighed 225 on his DL photo, weighed 175 when he moved to the area, and four weeks later when arrested, still weighed 175, the incident even occurred again at the same apartment complex, yet the PD said my son did not fit the current suspects discription. There are so many issues that I think could prove above and beyond, the DA or investigating officer did not give a hoot about hanging an innocent young man. The one incident that happened at the same apartment complex, same description of suspect, should of raised some eye-brows across the board! Why didn’t it? Because another notch on somebody’s belt is more important than protecting a human life?? Shame on those who have lost all there morals, their conscience. How dare these people who are suppose to help us let innocent lives be ruined. I have seen it first hand, on how our lovely Judicial System works, and it is absolutely gut wrenching, and I am in it for the fight. The fight for innocent lives that are being ripped to shreds, the lives of those who have made a mistake and learned from that mistake. Where has human dignity gone? I beg those who have never been effected by our Judicial System, to really listen as to what is going on out there in the real world, to help put a stop to this judicial travesty. Don’t fool yourselves by thinking it’s not that bad, it is worse than you could ever possibly imagine. There is absolutely too much protection out their for Politicians, Judges, Lawyers, throw in Doctor’s too, these people need to be held accountable for their wrong doings, especially when its hurts an innocent human life.
Beverly Lanfear
additional comments:
24 Beverly Blaha Lanfear - Jan 27, 04:52 pm
Ed…You better believed we experienced it first hand. I know that the incident kept occurring in that area, after my son immediately moved back home, 3 hours away from that college town, same discription of the current suspect as my son was identified as, from strictly a photo line up. He weighed 225 on his DL photo, weighed 175 when he moved to the area, and four weeks later when arrested, still weighed 175, the incident even occurred again at the same apartment complex, yet the PD said my son did not fit the current suspects discription. There are so many issues that I think could prove above and beyond, the DA or investigating officer did not give a hoot about hanging an innocent young man. The one incident that happened at the same apartment complex, same description of suspect, should of raised some eye-brows across the board! Why didn’t it? Because another notch on somebody’s belt is more important than protecting a human life?? Shame on those who have lost all there morals, their conscience. How dare these people who are suppose to help us let innocent lives be ruined. I have seen it first hand, on how our lovely Judicial System works, and it is absolutely gut wrenching, and I am in it for the fight. The fight for innocent lives that are being ripped to shreds, the lives of those who have made a mistake and learned from that mistake. Where has human dignity gone? I beg those who have never been effected by our Judicial System, to really listen as to what is going on out there in the real world, to help put a stop to this judicial travesty. Don’t fool yourselves by thinking it’s not that bad, it is worse than you could ever possibly imagine. There is absolutely too much protection out their for Politicians, Judges, Lawyers, throw in Doctor’s too, these people need to be held accountable for their wrong doings, especially when its hurts an innocent human life.
Beverly Lanfear
25 TexasNative - Jan 28, 12:21 am
—-,
I’m a 42 year old female, not a judge by any means!
26 Susan - Jan 28, 08:32 am
TexasNative,
Disagree with the conspiracy theorists posting here and on other blogs and wait to be attacked! Have you noticed that personal responsibility is a foreign concept to many today?
27 - - Jan 28, 09:06 am
From http://www.tajlr.com/
This seems to explain much:
Why The State of Texas Uses DA As A Form of Alternative Sentencing
There are several reasons for this:
(1) DA is used as a “tool” by the courts to help keep the court dockets clear; this is looked upon VERY favorably by most criminal courts judges who want to see their courts operated efficiently.
(2) DA is used and sanctioned by the Texas criminal justice system because it helps to keep the prison population down, thereby preventing population overcrowding, which in turn keeps state expenditures down.
(3) The District Attorneys in the state of Texas like to use DA as a form of alternative sentencing because it helps to “inflate their numbers”. By this, I mean that the prosecution team gets to claim a “conviction” (even though it technically is NOT a conviction) whenever they are able to coerce an individual into accepting their “offer” of DA. The District Attorneys benefit from this in several ways; it makes their “conviction statistics” look good thereby helping them from a political standpoint. Since District Attorneys in the state of Texas are elected into their office, it certainly is to their personal benefit to boost their conviction statistics as high as possible. DA affords them the perfect opportunity to do just that! District Attorneys also benefit in other ways, too, when their office can “convince” a defendant to accept DA. By not having to prosecute the case at trial, the prosecution team does not have to go through all the legwork and hassle of further investigating the alleged crime and go through the rigorous process of legal discovery in order to present their case in front of a jury.
(4) Deferred Adjudication has turned into a “cash cow” and cottage industry for the state of Texas. By selling access to the arrest records of Texas citizens who have taken deferred adjudication, the Texas Department of Public Safety (DPS) has turned DA into a money-making source of revenue – at the expense of people with DA on their records! This source of revenue helps to fund the operations of the Texas state Government. Deferred Adjudication and the adult probation system in Texas has turned into a virtual industry which employs police officers, court judges, court legal support personnel, probation officers, social workers, etc, etc.
(5) Criminal defense attorneys support the current system of deferred adjudication by all too often scaring and/or intimidating their own clients into taking DA by telling them that if they successfully complete their probation, then their record will be “wiped clean”. Of course this is a lie, and these lawyers know it. Many defense attorneys are in the habit of not even carefully looking at the merits of their client’s case; instead they try to bully them into accepting an “offer” of DA from the District Attorney prosecuting the case. That way, the District Attorney gets to claim a “conviction”, thereby boosting his stats. And for very little work at all, the criminal defense lawyer collects a nice, hefty little legal fee…typically about 2500.00 for doing almost no work at all. It has been proven, over and over and over again, that many criminal indictments would be IMMEDIATELY tossed out of court and the indictment dismissed if the defendant’s criminal defense lawyer would just practice a little due diligence and attention to detail by advising their client to decline any offers of deferred adjudication by the District Attorney and let the case go to trial.
28 William but you can call me "Bill" - Jan 28, 10:41 am
This has just gone too far.
A. Prescott Small did not get Deferred. He is a convicted felon and he cannot serve as County Judge due to the conviction.
B. Judge Hebert takes money from vendors to the county at a rate unheard of in FtBend County, but the commissioners are not far behind. Unethical but perfectly legal.
C. Our DA will not prosecute elected or government officials. Why, who knows ask Bill Henry, Rosenberg Police Detective Colin Davidson, his own prosecutor Mike Elliott and even US Congressman Tom Delay. Yet, they will never tell.
D. Deferred Adjudication does not clear your criminal record, it just prevents you from having a conviction so you can serve as a judge, doctor, lawyer, police officer. But you still have the record and it cannot ever be expunged.
E. Prescott is a convicted burglar. You would have raised it too if you were Hebert. It is not mud slinging.
Sometimes people just cannot see the forrest for the trees
More FBNow Comments (Prescott responds):
29 SuzyQ - Jan 28, 01:53 pm
Mr. Bill,
Have you gone down to the courthouse to check the records yourself or are you depending on the DPS to give you accurate data? In fact, many deferred adjudications have been entered incorrectly by the DPS as convictions.
You should also check your facts relating to peace officer certification in the state of Texas. You are ineligible if you have ever been convicted or taken deferred adjudication for anything above a class B misdemeanor and state licensing for anyone that has ever taken deferred adjudication for anything is “iffy” at best.
It is morally wrong for the state of Texas to continue to report a record of someone who has successfully completed their supervision and had the charges dismissed by a judge. Period.
30 Beverly Blaha Lanfear - Jan 28, 09:53 pm
Susan…You are 100% correct! Plus I was told by a Navy recruiter, that the Government does look at deferred adjudication as a conviction! Many people who worked at companies for years, but after 9-11, and background checks almost became mandatory everywhere, people lost current jobs over DA’s that where 13 or more years older. I’m talking people who made one mistake years ago! Have gone above and beyond all expectations, never ever has been in trouble with the law again. This is right? Then there are the facts, of people being turned down apartment housing, car insurance, home-owners insurance, the list doesn’t stop. So why is there a program that pay employers something like $2,400 a head for hiring a convicted felon, on top of a 100,000.00 insurance policy? Again! The Texas Deferred Adjudication Law says: “NON-CONVICTION!!!” Maybe a federal lawsuit IS the only way to go!
31 Beverly Blaha Lanfear - Jan 29, 12:17 pm
Can’t see the forest for the tree’s? What’s worse is when people take a single tree and try to make a forest out of it.
32 Prescott E. Small - Jan 29, 12:19 pm
I appreciate all of the warmth and support I have gotten so far from the people of Fort Bend County. Everyone has been fabulous and so supportive.
Maybe this will help set the record straight.
The papers I have in my hand state:
“...The probationary period is terminated. And it is ORDERED, ADJUDGED and DECREED: that defendant be and is hereby permitted to withdraw his/her plea of guilty or Nolo Contendre and the indictment or information by which the defendant was charged be and the same is hereby dismissed and the judgment of conviction is hereby set aside according to law.”
(Caps are as printed on the form itself)
That said:
I think it is very important to be aware that the culture of corruption we see races like a river down from the head waters of the White House, through Tom Delay’s living room and then percolates through out the very soils of the republican party in Fort Bend County.
I believe the main reason these people despise me is because I no longer subscribe to the culture of corruption they embrace. They fear me because I used to be republican and I can help other moderate republicans see the light. I am not dangerous to them because of what I did at 17. I am dangerous today because I have the most dangerous weapon they can imagine, critical thinking imbued with the need to question authority.
Sure I broke into a building when I was 17, sure I made mistakes. I have said stupid things and I probably will say something stupid tomorrow.
I admit my flaws. Our “leaders” refuse to be accountable like I was when I was 17. They scream that I should still be punished 22 years later and yet they refuse to acknowledge their misdeeds and dodge responsibility like Neo dodges bullets in the Matrix. I have never taken hundreds of thousands of dollars in special interest money and refused to listen to the needs of a constituency. I had no excuse for what I did at 17, these people are “mature adults”, what is their excuse?
Like my dad always says, “Actions speak louder than words.”
Ck this article out on Sunshine laws in TX by Rick Casey:
http://www.chron.com/disp/story.mpl/metropolitan/casey/3635698.html
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