In Harris County, secrecy shrouds our grand jurors names

LISA FALKENBERG
Commentary

Secrecy is essential for grand

juries. No argument here.
In the right hands, the condential cocoon of the grand jury

room can be a refuge for the

truth. In the wrong hands, it
can be a dark place to conceal it.
We the people of Texas
have only one window into the
shrouded system, one tool to
ensure judges are empaneling
fair, diverse grand juries and
arent lling them with country
club pals, active duty cops, and
mostly white elites. We have
their names.
Texas law and Texas attorney
general opinions say citizens get
to know in whose hands were

Pair in stash
house case land
prison time, could
face deportation.
Page B2
@HoustonChron

Houston Chronicle

Xerox
will give
patient
data
to judge

We have led our motions

and we have sealed them and,
quite frankly, that hasnt been
challenged, state district Judge
Denise Collins said.
Well, judge, Im no lawyer,
but consider this your rst challenge. I dont have time to visit
22 courts and wait to be called
upon 22 times to make the same
argument. So Ill say it here.
Sealing public information
is wrong. By some stretch of
judicial discretion, it may be
legal thats to be determined.

But it violates the spirit of the

law, and the publics trust in
the folks in black robes to fairly
administer justice.
Texas law requires grand
jurors to be empaneled in open
court for a reason. The public
deserves a chance to look the
panel over, assess qualications
and point out possible conicts.
The sealing of the names is
even more troubling in a county
where many judges still use the
antiquated pick-a-pal system

CITY | STATE

INSIDE

MEDICAID LAWSUIT

entrusting the broad powers

to investigate, subpoena and
indict.
A name isnt much. But its
something. And now, in Harris
County, we dont even have that.
Since January 2012, all 22
of our criminal court judges
have begun quietly, unilaterally, signing orders to seal the
names of grand jurors, according to newly obtained records.
Theyre doing it not just while
the juror is serving, but indenitely.

EDITORIAL

Body cameras are

necessary tool for
transparency, but
also bring baggage.
Page B8

Houston Chronicle | Friday, September 5, 2014 | HoustonChronicle.com and Chron.com

Xerox continues on B7

Section B xx

HISD calls for volunteers HCC

to help struggling readers system
gets
shaken
EDUCATION

Chancellor says
restructuring
could come soon

By Brian M. Rosenthal
AUSTIN Lawyers
for the Xerox Corp. agreed
Thursday to temporarily turn over private health
information about millions of Texas Medicaid
recipients, setting up at
least a small compromise
in a high-stakes legal ght
over who is responsible for
years of waste in the program.
Under a deal struck in a
Travis County court hearing, Xerox said it would
give the records about
some 2 million recipients
not to the state but to state
District Judge Stephen
Yelenosky for safekeeping.
The agreement does
not resolve the question of
whether Texas or Xerox is
entitled to the documents,
which the company used
when it was contracted
by the state for nearly a
decade to approve Medicaid claims for dental
procedures. Yelenosky
compared it to when two
farmers disagree about
who owns a cow and the
constable holds on to the
cow while a court gures
out who owns it.
The compromise should
relieve Texas of concerns
about potential federal
nes for violating federal
health-privacy laws.
The state Health and

Falkenberg continues on B4

By Benjamin Wermund

Craig H. Hartley

Elementary curriculum officer Lance Menster and 6-year-old Genesis Sanchez pair up Thursday to
debut HISDs Read Houston Read literacy program at Garcia Elementary, 9550 Aldine Westeld.

Literacy program seeks 1,500 adults to work

weekly with rst-graders across the district
By Ericka Mellon
First-grader Javier Cuevas
opened the picture book without
being asked and started reading
about the forgetful Little Critter.
I forgot to put the milk away,
the gap-toothed 6-year-old read
aloud.
Hes advanced among his classmates at Garcia Elementary in

north Houston. Some struggle to

sound out a single word. Their
teacher, Brittany White, said
she tries but doesnt always have
enough time to work with the students individually.
Leaders of the Houston Independent School District turned
to the community on Thursday,
launching the districts largest volunteer recruitment effort in recent

years all to help solve HISDs intractable literacy problem.

The nations seventh-largest
school system put out a call for
1,500 volunteers business professionals, retirees and others
to work weekly with rst-graders
across the district who are struggling to read.
The volunteer effort is part of
Superintendent Terry Griers latest
literacy plan, which sets a goal that
all students will read on grade level
by third grade. Last school year,

Reading continues on B4

An
administrative
shake-up at Houston Community College could lead
to a full restructuring of
the system by the end of the
year.
Since taking the top spot
at HCC in May, Chancellor Cesar Maldonado has
made some major personnel changes, most recently
ring Betty Young, the former president of Coleman
College, HCCs campus in
the Texas Medical Center.
Coleman College is set to
nearly double in size.
Young was relieved of
her duties late last month,
Maldonado said. Michael
Edwards, an executive
dean, has been named interim president. The system will launch a national
search to nd a permanent
replacement. Young declined to comment.
Faculty had been begging system leaders to oust
Young for months, pointing in part to lackluster
scores on nursing licensing tests. The passing rate
on the tests had dropped
from 92 percent, when
Young took over in 2009, to
66 percent in 2013.

HCCs continues on B4

COURTS

Critics say murder charge unfair,

cite race as factor in indictment
By St. John
Barned-Smith
and Anita Hassan
Two years ago, Dana K.
McDonald walked up to his
tractor-trailer in northeast
Harris County when he
found two men in his truck.
One ed, but the second
man attacked McDonald
and his wife with a metal trucking tool called a
cheater bar.
McDonald grabbed the
bar and attacked the alleged burglar, Frankie Bal-

This man should

be applauded for
protecting his wife
and not indicted for
murder.
Quanell X, community activist

lard, who died in the hospital later that night from

injuries he suffered in the
ght.
Authorities initially said
they werent planning to
press charges, but in April
2013, McDonald and his
family learned he had been

indicted by a Harris County grand jury. The charge:

murder.
As McDonald prepares
for trial later this month,
critics of the district attorneys office say he is being
treated unfairly because he
is black, and that a white
man in a similar situation
would not have been indicted.
This man should be applauded for protecting his
wife and not indicted for
murder, said community

Gary Coronado / Houston Chronicle

Dana McDonald, right, and his wife, Cassandra Dallas McDonald, found out he will
be charged with the murder of a man who was allegedly robbing his tractor-trailer.

McDonald continues on B7

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B4 | Friday, September 5, 2014 |

Houston Chronicle | HoustonChronicle.com and chron.com x x

CITY | STATE

Sarah Miles, 6, is learning to read in Brittany Whites

rst-grade class at Garcia Elementary.

Reading can
be online or
face-to-face
Reading from page B1

only one-third of HISDs

third-graders hit the states
recommended level on the
reading test; about twothirds met the easier minimum standards.
This is a big, big issue,
and together were going
to be able to do this, Grier
said at a news conference
at Garcia Elementary, addressing the business and
nonprot executives helping to fund and coordinate
the volunteer effort.
Studies show benets
Relying on volunteers to
read with or tutor students
is not a new concept
HISD already has a smaller program targeting male
volunteers. Studies have
shown such programs can
be benecial, although the
quality varies.
It sounds so wonderful
a way for people to be involved in education but
education is complicated
and, especially, teaching
reading is complicated,
said Jo Worthy, an education professor at the University of Texas at Austin.
Worthy studied America Reads, former President

Bill Clintons 1996 initiative

that included sending college work-study students
to tutor elementary school
children in reading.
There are things that
can certainly be done without a great deal of training,
but some training does
need to be there and some
supervision, Worthy said.
HISD is kicking off its
new volunteer program
at 55 of its 186 elementary
schools.
Most of the participating schools are recruiting
volunteers to meet with
one student at a time, once
a week, for about half an
hour.
Fifteen schools will try
out a virtual program that
connects the adults and
youngsters via phone and
computer.
I dont see this so much
as tutoring as loving a book
together, said Cindy Puryear, HISDs literacy director. I dont need these
volunteers to be teachers,
necessarily. What I want
them to do is, come enjoy a
book and talk about comprehension and vocabulary together.
The in-person volunteers will receive at least

Craig H. Hartley photos

Cindy Puryear, HISDs literacy director, said volunteers will use a Flip Kit created by the Childrens
Museum of Houston when they help students. I dont see this so much as tutoring as loving a book together.

two hours of training,

Puryear said. Each week,
they will use a kit created
by the Childrens Museum
of Houston that includes a
book and a handout with
activities and questions.
Help with expenses
The TutorMate computer program, in use in
Chicago,
Washington,
D.C., and other school systems, includes six hours of
online training, according
to Barbara Gilbert, a company director.
The volunteers, who
can be in their offices miles
away, will call the students
in class. The students then
will read with the volunteers, who will see the
same story on their computer screens (with key
words highlighted).
HISDs Puryear realizes
the online program may
not be the right t for everyone.
Somebody my age, I
would vote for the face-toface, she said, but I also
recognize there are people

cent years on literacy programs, though test scores

have continued to stagnate.

Flip Kits used in tutoring contain a book and a

variety of activities to encourage reading.

who wouldnt vote for

that.
The combined cost of
the efforts including the
books, the training and the
computer program is
$280,000, with HISD paying $55,000, said district
spokeswoman Sheleah

Reed. The other expenses

are being covered by the
Barbara Bush Houston
Literacy Foundation, the
energy company Phillips
66 and the Wayne Duddlesten Foundation.
HISD has spent tens of
millions of dollars in re-

Parental help crucial

In April, Grier and
his academic chief, Dan
Gohl, unveiled a literacy
approach called guided
reading, which focuses on
small-group instruction
and having students read
books at the appropriate
level. HISD spent $10 million on classroom libraries
and teacher training.
In Brittany Whites rstgrade classroom Thursday
morning, 6-year-old Laryssa Phillips sat next to Javier and read a lower-level
book, The Dog Show. She
said her mom reads some
of her schoolwork to her.
Asked if she would like
an outsider to read to her,
Laryssa shook her head
before ipping a page in
her book.
The big dog won a ribbon, she read correctly.
ericka.mellon@chron.com
twitter.com/e_mellon

HCCs structure in question as Coleman Colleges size to double

HCCs from page B1

The faculty senate took a vote

of no condence in Young in February, saying, Young has more
than once publicly and unprofessionally held up Coleman
College employees to ridicule,
threats, and the semblance of
retaliation. Faculty members
spoke against Young at board
meetings.
Im absolutely concerned
about it, Maldonado said this
week about the situation at Coleman.
Voters have approved a $120
million expansion to essentially

Betty Young was

the president of
Coleman College
until being red
late last month
after concerns
over test scores.

double the size of Coleman in

what is by far the largest project
in the bond package passed in
2013. The board has asked Maldonado to explore cheaper options for the project, possibly by
looking at alternative sites, and a
nal plan will likely go before the
board Sept. 11, Maldonado said.
Without a doubt, the biggest

investment that the community

is making is in Coleman College,
Maldonado said. The future of
that as a viable and vibrant institution weighs heavily on me and
my board. Because of that, its
important we put the right team
together to have a world class
college of health careers and
thats what were doing.
Maldonados swift action at
Coleman has faculty more optimistic about the future of HCC
than they have been in years, said
Susan Goll, the newly elected
president of the faculty senate.
Its an encouraging change,
Goll said. He very much wants

to include faculty on all major

decisions.
More major personnel decisions are likely on the horizon.
Earlier this summer, Maldonados predecessor, Renee Byas
the former general counsel
who had been acting chancellor
for about a year was placed on
paid administrative leave. Byas
was given a termination letter
two weeks ago, HCC officials
said. Byas and her attorney did
not return requests for comment.
Maldonado says he is still not
satised with the administrative
structure at the college system,

and said he envisions rolling out

a major restructuring later this
year or early next year.
It takes time, when you look
at a major restructuring, because
theres a lot of talent, and when
we look at transforming what we
do, what does that mean? Maldonado said. It takes time for a
CEO to really get to understand
how my staff thinks and how
they operate. For me its more of
an issue of where the people belong, as opposed to not having
the right people.
benjamin.wermund@chron.com
twitter.com/benjaminew

Falkenberg: Some judges had no idea they were hiding names

Falkenberg from page B1

to select grand jurors

thats been banned in
federal courts and found
vulnerable to abuse by the
U.S. Supreme Court.
Who would know?
Its even more vulnerable now.
With the names under
seal, judges could empanel entire grand juries of
cops. Judges could choose
never to empanel another woman, or another
African-American. And
we wouldnt know.
So, what compelling reason would our
honorable arbiters of
justice have for hobbling
the publics only check
on grand jurors? Are
grand jurors enduring an
epidemic of death threats?
Are they demanding in
unison their names be
hidden?
Not so much.
Of the 22 judges I
called, seven responded
by deadline. Judge Collins
was the only one whose
privacy was born of a
real-life example: Some

of her grand jurors got

calls at their homes and
information packets from
defense attorneys.
And that makes them
feel vulnerable, she said.
They shouldnt be compromised that way.
Judge Susan Brown,
speaking personally and
not in her capacity as
administrative judge, said
its an issue of safety and
security. Asked for examples of safety concerns,
she offered a hypothetical.
What if Joe Smith is
the relative of a capital
murder defendant who
wants to know who
indicted him and then
theres harm? she said. I
think there has to be some
gatekeeping.
Brown said judges have
a responsibility to protect
jurors unless theres a
good reason to release
their names.
Whats a good reason?
But whats a good reason? Is there ever a good
reason for a judge who
doesnt want us to know
hes empaneling a bunch
of pals?

I cant answer that,

Brown said, refusing to
entertain a hypothetical.
Surprisingly, several
judges seemed unaware
they were sealing names.
I had no idea I was
doing that, said Judge
Ruben Guerrero. Have I
been doing that?
Judge Marc Carter
asked his clerk about it.
When she conrmed hed
signed the order, he was
momentarily at a loss to
explain.
A standard order
I have the dumbest
answer on the planet,
Carter said candidly.
Thats the way I thought
it was always done. Its
not something Ive ever
given any second thought
to.
In the judges defense,
a lot of paper crosses their
desks. And this particular
sheet of paper has become a standard order
presented by the district
clerks office when judges
empanel grand juries.
Exactly how it began is a
mystery.
Several judges, after

e!
ide e Its Gon Autos.com
R
r
u
o Befor
n
Chro
Get Y

hearing my protestations,
said they sympathized
with the open government
argument.
A few are entertaining
my requests for the sealed
records. One has already
handed them over free of
charge.
Only one judge
Brad Hart said hell
stop sealing. After doing
his own homework, he
decided transparency
trumped his concerns
about privacy.
I do think we have to
do whatever we can do
to make sure the system
and the process runs like
it should and people can
have as much faith in it as

they can, he said.

What a simple democratic notion one that
criminologist Larry
Karson puts more bluntly:
Release it all. This isnt
Russia. You dont use the
court system as the secret
police.
Hand them over
Karson is the instructor
at the University of Houston Downtown whose
2006 paper revealed a
systemic effort in Harris
County to keep Hispanics
out of grand jury leadership roles and also found
more than half the commissioners judges chose
to select grand jurors had

ties to the criminal justice

system.
Karson also found
out that some appointees were serving more
frequently than the law
allowed, and that one
judge had appointed four
grand jurors from his
own church.
How did Karson nd
this out? Back then, grand
jury names were public
record.
With all due respect,
Your Honors, stop sealing
public information and
hand over the records.
They belong to us, the
people who elected you.
lisa.falkenberg@chron.com

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New records show gas

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Page B3
Houston Chronicle

@HoustonChron

CITY | STATE

Houston Chronicle | Sunday, December 21, 2014 | HoustonChronicle.com and Chron.com

Friday, September 5, 2014

EDITORIAL

Texas lawmakers can

address the income
gap that divides us by
funding education.
Page B13

Section B xx

Evidence mounts that wrong man could be retried in cop killing

LISA FALKENBERG
Commentary

decides whether to retry Alfred

Dewayne Brown for the slaying
of a Houston police officer.
Shes got a dead cop on her
hands, Charles R. Clark, a 20year veteran, beloved husband
and brother, who was gunned
down as he tried to stop a threeman robbery of an ACE checkcashing place in April 2003.
Somebody must pay.
Im sure Anderson would
prefer that a guilty person pay.
But in the absence of another
suspect, the district attorney

COMMENTARY

may feel pressure from the

public, from law enforcement,
from the victims family, from
political advisers to go after
Brown a second time, even
though the states case against
him has unraveled to mere
shreds.
Last month, an appellate
court threw out Browns conviction and death sentence because
the DAs office withheld key
evidence at trial that supports
Browns contention that he was
home the morning of the rob-

bery. No physical evidence ever

tied Brown to the crime. Nearly
every witness who ngered him
has recanted.
But what if there were
another suspect, a legitimate
suspect that mounting evidence
suggested could have committed the crime instead of Brown?
Wouldnt we expect the district
attorney to take a hard look
before pursuing another weak
case against Brown?
Of course. And records show
there is such a suspect. His

name is Jero Dorty. And the district attorneys office has been
aware of his potential role in
Clarks death for at least seven
years.
In 2007, Browns writ attorneys with the rm K&L Gates
named Dorty as a critical suspect and spent nearly 10 pages
of an appeal laying out the
reasons why. In 2008, Browns
attorneys led an emergency
motion to test Dortys DNA. But
prosecutors dragged their feet.

In Harris County, secrecy

shrouds our grand jurors names
Lets face it. Potential innocence isnt the only thing Harris
County District Attorney Devon
Anderson is considering as she

Falkenberg continues on B10

Family
ties raise
Secrecy is essential for grand juries. No argument here.
In the right hands, the confidential cocoon of the grand jury room can be a refuge
for the truth. In
red
flags
the wrong hands, it can be a dark place to conceal it.
We the people of Texas have only one window into the shrouded system, oneon
toolno-bid
to ensure judges
are empaneling fair, diverse grand juries and arent filling them with country club pals, active duty
contracts
cops, and mostly white elites. We have their names.
By Lisa Falkenberg

KATY

Texas law and Texas attorney general opinions say citizens get to know in whose
hands
were
Political
watchdogs,
lawmakers note links
entrusting the broad powers to investigate, subpoena and indict.
in 21CT controversy
A name isnt much. But its something. And now, in Harris County, we dontByeven
have that.
Brian M. Rosenthal
Since January 2012, all 22 of our criminal court judges have begun quietly, unilaterally,
signing
AUSTIN When then-Texas
health official Jack Stick sugorders to seal the names of grand jurors, according to newly obtained records.gested
Theyre
earlier thisdoing
year that ait not just
company he had helped land $20
while the juror is serving, but indefinitely.
million in no-bid state contracts
might get another one through a
department,
he was referWe have filed our motions and we have sealed them and, quite frankly, thatsister
hasnt
been
challenged,
ring the rm to a familiar face:
Frianita Wilson, wife of Doug
state district Judge Denise Collins said.
Wilson, who as Sticks boss was
overseeing the rst project.
From right, Tremel Cooper, 11, Bryan Worthy, 9, Katelyn Washington, 16, and Byron Worthy, 9, play street basketball near
Well, judge,
Im
no
lawyer,
but
consider
this
your
first
challenge.
I
dont
have
time to visit 22 courts
Of course, Stick then the
their homes on the corner of Roberts and Danover in Katy. Some residents call the area around Roberts Road the ghetto.
top lawyer at the state health
and wait to be called upon 22 times
to
make
the
same
argument.
So
Ill
say
it
here.
might qualify for Houston
commission could also have
As suburban market skyrockets,
Habitat for Humanitys rst
turned for help to his own wife,
Sealing public information is wrong.
some
stretch
of judicial
discretion,
it
may
beserved
legal
- thats to
low-costBy
options
struggle
to survive
Erica
Stick, who
as chief
home in the
Katy area. But
rising land prices have put
of staff at the mega-agency, which
be determined. But it violates theByspirit
of the law,
and
the The
publics
folks
inandblack
robes to
that projecttrust
on hold. in theruns
Leah Binkovitz
all health
human serplanned
communities.
soon-to-come, 2,000-home
As the Katy area grows
vices and has a $33 billion annual
budget.
Families moving to Cane Island touts a trained and prospers, affordable
fairly administer justice.
And that wasnt his only famthe ourishing Katy area golden Retriever that will housing seems increasingcan to
scanbe
real empaneled
estate list- pose for in
photographs
and
ly out of-reach,
sometimes
ily The
connection
at a state deserves
agenTexas law requires grand jurors
open
court
for
a
reason.
public
a
ings, walk through model offer its business card to by design and sometimes
cy. His brother, Jeremy Stick,
homes or visit open hous- potential buyers.
as a reection of a broader
worked at the same department
chance to look the panel over, assess
qualifications
and point out possible conflicts.
es. Theyll see a $1.2 million
Meanwhile, in a small problem in many commuas Frianita Wilson.
ve-bedroom on Brighton strip mall storefront in nities ringing the Houston
The web of family ties at the
The sealing of the names is even
more
troubling
in
county
where
many
stillanduse
the
Katy,
families area.
Sky Lane, a four-bedroom downtown a
Texas Health
Human
SerKatys city
govern- judges
on Crystal Meadow Place attend a different kind of ment lacks any sort of housvices Commission is raising new
antiquated pick-a-pal system tolisted
select
grand
thats
been
banned
in federal
open house,
reviewing
for $363,000,
or jurors
ing program,
the countys
questionscourts
in a growing and
contract found
model homes from master- documents to see if they
Housing continues on B5
controversy roiling the Capitol.
vulnerable to abuse by the U.S. Supreme Court.
State continues on B2
Marie D. De Jess / Houston Chronicle

Boom puts
homes for
working
class out
of reach

MONTGOMERY COUNTY JUDGE

Who would
know?
Rockets host party for Goodfellows children
leaves legacy
Its evenSadler
more vulnerable
now. of
By Michelle Iracheta
to stop her children, espefiscal
care
amid
growth
With the
names
under
seal,
judges could empanel entire grand juries
of cops. Judges
could choose
cially Memo, from enjoying
By Cindy Horswell
Memo Archundia had the game.
gomery Countys governnever to empanel another
woman,
or
another
African-American.
And
we
wouldnt
know.
ment. The county native
never been to a basketball
I have condence in
Montgomery County concluded at the end of the
game before Saturday, but myself that I can play any
So, what
would
havesaidfor
hobbling
publics
Judgecompelling
Alan Sadler, who is reason
two-year study
that with our honorable arbiters of justice
the 8-year-old
he has
sport, said herthe
son. Mayalways been interested in be basketball for the Rockstepping down after nearly his nance degree from the
ets. Are they
a quarter
of a century jurors?
in University of
Texas and
18
sports.
only check
on grand
Are
grand
jurors enduring an epidemic
of death threats?
office, never dreamed of a years work experience, he
His podiatrist
On
Saturday
could run
a tighter shipbe
by hidden?
always said hed
night, they were in
careerin
in politics.
demanding
unison their
names
a private suite at
When Sadler married doing the job himself.
make a great basketToyota Center that
his wife, Mimi, 34 years
So naively, I jumped
ball player because
Not so much.
was joyfully chaago, he was working in in and ran, and damn if I
hes so tall, said his
Children were
banking and real estate didnt win, recalled Sadler
mother, Sonia ArcOf the 22
judges I called, seven responded by deadline. Judge Collins
was the onlyotic.
one
whose privacy
and she would tell her of his rst campaign in
hundia. We hope that he ripping open their packfriends, Well, at least hes 1990. He trounced the ingets excited about it today. ages like it was Christmas
was bornnotofa politician.
a real-life example:
Some
of
her
grand
jurors
got
calls
at
their
homes
and
information
cumbent, Al Stahl, garnerThe 45-year-old suffers morning, tossing wrapfrom chronic pneumonia ping paper, ribbons and
But Sadler, now 66, got ing over 60 percent of the
packets from
defense
the itch to
run for countyattorneys.
vote. By the time he retires
and has to stay tethered to bows aside to reveal stuffed
an electric oxygen pump in animals, Hello Kitty dolls
judge after being appoint- at the end of the month,
willvulnerable,
have six terms Noah Edwards
ed to amakes
committee to them
study Sadler
a pat onThey
the head from
Santa
order
She said and Nerf guns.
And that
feel
shegets
said.
shouldnt
beto breathe.
compromised
that way.
the efficiency of MontSadler continues on B2 Clutch during Saturdays event at Toyota Center.
she didnt want her illness Goodfellows continues on B3
Judge Susan Brown, speaking personally and not in her capacity as administrative judge, said its an
issue of safetyHoustons
and security.
Asked for examples
of safety concerns, she offered a hypothetical.
First Baptist Chur
rch
Loop
Campus
What if Joe Smith is the relative of a capital murder defendantThe
who
wants
to know who indicted him
at 4p & 6p
and then theres harm? she said. I think there has to be some gatekeeping.
Cypress
Campus
Brown said judges have a responsibility to protect jurors unless
theres a
good reason to release
at historic Tin Hall
their names.
at 4p & 6p
Dave Rossman

Christmas Eve

CANDLELIGHT SERVICES
Sienna Campus
Whats a good reason?
at 4p doesnt
& 6p
But whats a good reason? Is thereWed,
everDec
a good
reason for a judge who
want us to know hes
24
empaneling a bunch of pals?
HoustonsFirst.org/Christmas
I cant answer that, Brown said,
refusing to entertain a hypothetical.
Created on Adobe Document Server 2.0

Surprisingly, several judges seemed unaware they were sealing names.

I had no idea I was doing that, said Judge Ruben Guerrero. Have I been doing that?
Judge Marc Carter asked his clerk about it. When she confirmed hed signed the order, he was
momentarily at a loss to explain.
A standard order
I have the dumbest answer on the planet, Carter said candidly. Thats the way I thought it was
always done. Its not something Ive ever given any second thought to.
In the judges defense, a lot of paper crosses their desks. And this particular sheet of paper has
become a standard order presented by the district clerks office when judges empanel grand juries.
Exactly how it began is a mystery.
Several judges, after hearing my protestations, said they sympathized with the open government
argument.
A few are entertaining my requests for the sealed records. One has already handed them over free of
charge.
Only one judge - Brad Hart - said hell stop sealing. After doing his own homework, he decided
transparency trumped his concerns about privacy.
I do think we have to do whatever we can do to make sure the system and the process runs like it
should and people can have as much faith in it as they can, he said.
What a simple democratic notion - one that criminologist Larry Karson puts more bluntly: Release
it all. This isnt Russia. You dont use the court system as the secret police.
Hand them over
Karson is the instructor at the University of Houston Downtown whose 2006 paper revealed a
systemic effort in Harris County to keep Hispanics out of grand jury leadership roles and also found
more than half the commissioners judges chose to select grand jurors had ties to the criminal justice
system.
Karson also found out that some appointees were serving more frequently than the law allowed, and
that one judge had appointed four grand jurors from his own church.
How did Karson find this out? Back then, grand jury names were public record.
With all due respect, Your Honors, stop sealing public information and hand over the records. They
belong to us, the people who elected you.
lisa.falkenberg@chron.com