Fairness for Victims
Online readers respond to "Victims' Wrongs," by Chris Vogel, February 23:
No communication: As the victims of a capital murder case, we never had to deal with plea bargaining as an issue. But in 20 years of the appellate process, we have never been directly contacted to notify of us of any change. Last October, when the defense went back to the 5th Circuit for a second appeal, we were not notified. We found out by private channels within the law enforcement community. In the years since the development of the victim assistance office of the District Attorney, this last week was the first time we had ever been contacted.
I understand the challenges of changing the system, but if other states make better provisions for victims' rights, why is it stonewalled so often in the Texas Legislature?
Maura Irby
Austin
Come together: Wouldn't it be wonderful to have all the victims and their families come together downtown and meet on the DA's doorsteps? What a statement that would make. Remember that even though my case or your case has come and gone, the same thing could happen to someone else we know and care about. This kind of insensitive and careless behavior from the DA's office will continue unless we all come together and make a change.
Debbie
Cypress
A range of punishment: I think that a prosecutor can be safe in assuming that most crime victims would like to see the accused punished beyond what the law allows, or at least to the maximum it affords. The practice of plea bargaining was not designed with the crime victim in mind. Understandably, they are in no mood to consider much beyond restitution and vengeance, both being valid components of criminal justice.
If the accused, however, is faced with the choice of accepting the maximum term the victim would like to see or going to trial, there is no incentive not to take it to trial. We don't have close to the resources in our courts and jails for this. Even if we did, would we ignore the purpose of having a "range of punishment" for criminal offenses, or those other components of criminal justice, like rehabilitation and redemption?
In my 20 years of practicing criminal defense, I have rarely encountered a prosecutor's case file that did not have a report of the offense, often with follow-up investigations, an estimate of damages (often needed to determine the level of the charge) and notes regarding their contact with the victim and the victim's recommendation. When that information is not there, or is deficient in some way, they won't be extending offers until they are satisfied that they know enough about the case. Your article does not mention this. I cannot speak for the prosecutors, but I have a pretty good notion that a Victim Impact Statement would usually have the effect of documenting what they already know.
Where the VIS would be more useful is in the hands of the judge. They have the authority to refuse to accept plea bargains. If they are not demanding to have one before accepting a plea, maybe they should. It probably wouldn't hurt to require the defendant to have a copy, either.
James Roark
Houston
Sounds racial: It was at night. I'm glad the kids are still alive. Were the perpetrators white or black? Was the gun-wielder white or black? Sounds racial to me, and sounds like the Houston Press is perpetuating some agenda.
Mak
Houston
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Darkhorse Rides In
A neighborhood bar: As the owners of the Darkhorse Tavern, we took exception to the categorization of our bar as "emerging a year after the initial boom," in effect suggesting we are opportunists taking advantage of the recent boom, as Craig Hlavaty wrote in "Wild on Washington," [February 11]. First, as the Press should know, based on our prior advertising with you, we opened in mid-2004, long before the current boom. Some have called us a "pioneer" of Washington Avenue.
Second, we were somewhat insulted by your reporter lumping us in with newcomers Sawyer Park and Block 21. Has he ever been in our place? We are proudly the only real "neighborhood bar" in the corridor and have none of the earmarks of the new nightclubs (no lines, no high prices and no doorman on a power trip deciding who gets in). Having been here for six years, we have already seen other bars come and go, and we expect to continue serving the neighborhood long after these trendy newcomers have run their course. Just setting the record straight.
Owners, Darkhorse Taven
(names withheld by request)
Houston
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DWI Solutions
Online readers comment on "How to Really Fight DWI — Mass Transit and Neighborhood Bars," Hair Balls, blog by John Nova Lomax, February 26:
A crime: This is all good stuff, but bottom line is, you know if you're too drunk to drive. If you do it anyway, guess what? It is a crime. I don't want my kids or anyone else hurt because you didn't get someone else to drive and/or you didn't stop drinking if you knew you were going to drive.
