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State dispatches authorities to youth commission facilities as lawmakers convene hearings
March 6, 2007

The growing sexual molestation scandal at the Texas Youth Commission took a new turn late Monday as a House leader questioned the qualifications of Gov. Rick Perry's newly appointed special master.

Written by Mike Ward, Austin American-Statesman

The growing sexual molestation scandal at the Texas Youth Commission took a new turn late Monday as a House leader questioned the qualifications of Gov. Rick Perry's newly appointed special master.

House Democratic Caucus Chairman Jim Dunnam of Waco said that Jay Kimbrough, as the state's homeland security director in 2003, improperly aided Republican leaders in trying to track down Democrats who had boycotted a special legislative session on redistricting.

That assist involved calls to the Federal Aviation Administration that later earned then-U.S. House Majority Leader Tom DeLay a reprimand, Dunnam said.

"He probably misused state assets . . . and that's the guy who's going to do corrective action?" an agitated Dunnam asked during an evening committee session on the investigation. "I don't understand that. The report by the Texas Rangers was finished almost two years ago.

"This is an outrage."

Kimbrough could not be reached for comment Monday night.

The outburst came after Assistant Attorney General Eric Nichols asked the committee to be careful in calling and quizzing witnesses as it considers legislation to curb sexual abuse inside Youth Commission lockups.

He avoided discussing the status of the investigation into abuse allegations at the West Texas State School that were investigated by a Texas Ranger two years ago, never prosecuted and turned over to Attorney General Greg Abbott by the local prosecutor on Jan. 17.

Other committee members appeared frustrated as well, questioning how lawmakers can write laws if they cannot know details about the current case.

Committee Chairman Jerry Madden, R-Plano, said he was researching a possible closed-door briefing for members.

The development came as a cadre of criminal investigators and auditors descended on the Texas Youth Commission as part of the expanding inquiry as lawmakers touted proposals to station Texas Rangers at the agency's youth prisons and expedite prosecution of abusers.

Perry declared an emergency for legislation designed to curb the violations and overhaul the agency, officially putting it on a fast-track for approval.

Lt. Gov. David Dewhurst said inspector general investigators from the adult prison system and the attorney general's office converged on Youth Commission offices across the state as part of at least seven inquiries under way.

"The main concern is for the safety of the juveniles in the institutions," Dewhurst said. "With the presence we have there now, to commit a crime against (an incarcerated juvenile), you've got to be a pretty dumb son of a gun."

Kimbrough said he is marshaling the resources of several agencies, including those from Abbott, State Auditor John Keel, Texas Rangers Chief Ray Coffman and Texas Department of Criminal Justice Inspector General John Moriarty.

He declined to comment on specifics.

Meanwhile, the House Corrections Committee began hearings on the expedited bills to:

•Expand the jurisdiction of a special prosecution office in the adult prison system to include all Youth Commission lockups, which could expedite criminal charges in future abuse cases.

•Create a post of inspector general at the Youth Commission with greater authority and independence to investigate wrongdoing inside youth prisons.

•Give the attorney general jurisdiction with local prosecutors for prosecution of offenses in the Youth Commission.

Other committee members questioned whether the inspector general should work for someone other than the Youth Commission board.

"Are we putting the fox in charge of the henhouse?" asked Rep. Pat Haggerty, R-El Paso.

Haggerty and other lawmakers renewed calls for Rangers to be stationed at the lockups to protect youths and keep incriminating files from being destroyed.

The Texas Senate asked Perry to fire the board and take over the troubled agency last week after budget discussions drew attention to reports showing that top officials covered up investigations revealing that employees had molested inmates.

Instead, Perry demoted the board's chairman, appointed a special master to investigate and ordered the agency's acting executive director to design and implement a rehabilitation plan.

To report problems at youth facilities

The state auditor has a toll-free number, (800) TX-AUDIT, for reports of suspected criminal activity at Youth Commission sites.

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