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Officers descend on TYC sites in sex probe
March 7, 2007

As 71 law enforcement officers fanned out to Texas Youth Commission facilities Tuesday, state leaders started blaming each other for why a sex scandal in the state's youth prisons was allowed to grow unchecked for two years.

Written by R.G. RATCLIFFE and LISA SANDBERG, Houston Chronicle

AUSTIN — As 71 law enforcement officers fanned out to Texas Youth Commission facilities Tuesday, state leaders started blaming each other for why a sex scandal in the state's youth prisons was allowed to grow unchecked for two years.

The law enforcement investigators joined state auditors who were sent into the state's 22 youth correctional facilities by the Legislature last week to investigate alleged sex crimes by staff members and a possible cover-up. The investigators are from the Texas Rangers, the Texas Department of Criminal Justice inspector general's office and the office of Attorney General Greg Abbott.

Prison system Inspector General John Moriarty said the investigation will take months. But the special master appointed by Gov. Rick Perry last week, Jay Kimbrough, said he has 60 days to submit his report to the governor. He is scheduled to appear before a Senate confirmation hearing today and will present his short-term findings then.

"To the majority of employees who are good and hard-working people, help is on the way," Kimbrough said.

But questions continue to reverberate about why state officials did not act sooner to avert the crisis. The TYC board knew about the sex allegations in 2005 and offered proof that the state Senate should have known then as well. Perry's staff has known since at least last fall, but the governor took no major action until recently.

On Tuesday, Perry defended his appointees to the TYC board of directors and the Texas Rangers, saying they properly handled allegations of sexual abuse of youths at a West Texas facility. He said the blame rests with the district attorney, who did not prosecute cases brought to him in 2005.

 

Allegations in e-mail

The TYC, meanwhile, released an e-mail sent in 2005 to notify key Senate staffers detailing allegations that the male assistant superintendent at the West Texas State School in Pyote had been having sex with male students. The e-mail said an arrest was imminent, but no arrest or prosecution occurred.

Senators have complained they did not know about the sex abuse scandal until three weeks ago. And on Tuesday, they angrily said the TYC is trying to deflect the blame.

"They're just trying to get off the hot seat," said Sen. Juan Hinojosa, D-McAllen, whose staff is listed as one of the recipients of the 2005 TYC e-mail.

Sen. Kel Seliger, R-Amarillo, questioned the e-mail's authenticity.

"They've gone through a lot of trouble to make sure we've got this e-mail that may or may not have been sent," Seliger said. "Let's be honest. I don't think a lot that TYC has told us has been true."

Kerri Davidson, TYC's general counsel, denied that her office was "digging" for evidence that might incriminate others.

 

School officials resign

The assistant superintendent at the West Texas facility and the school's principal were both allowed to resign amid the 2005 investigation that they had been abusing students for two years. Neither man was prosecuted.

Since that time, the scandal has spread to other TYC facilities with reports that in 2005 and 2006 there were 13 commission staff members who resigned or were terminated for sexual contact with students. So far, only one is known to have been prosecuted.

Ward County District Attorney Randall "Randy" Reynolds received the complaints from the West Texas investigation, but he told state officials he could not pursue the case because he lacked the staff.

Perry called Reynolds "irresponsible."

"When the Texas Rangers hand an investigation over to the local district attorney and then it basically gets stuck in a drawer, it begs a lot of questions that, 'Oh, I'm too busy' doesn't answer," Perry said.

The Texas attorney general can prosecute such cases, but only if the local district attorney requests help. Reynolds, who is a part-time district attorney with his own law practice, did not ask Attorney General Greg Abbott to intervene until mid-January.

 

Terminated, not prosecuted

In one 2005 case at a TYC contract facility, a female food worker was terminated for having sexual contact with a youth. She has not been prosecuted.

"I don't investigate any (TYC complaints) at all. I don't have the staff," Garza County District Attorney Ricky Smith said, who added that such cases are handled internally by TYC or by the county sheriff's office.

Garza said the complaint against the staffer involved "kissing (that) may have elevated to touching."

A female staffer was fired last year for sexual conduct with a male student at the Sheffield Boot Camp in Pecos County. She apparently has not been prosecuted. Two lawyers share the duties of district attorney in the county.

 

DAs draw a blank

Pecos District Attorney Frank Brown did not remember any cases referred from Sheffield. Told that the staffer was fired in August, he said a complaint, if any, probably was handled by District Attorney Laurie English.

"I have the odd months, and she has the even months," Brown said.

English said she had not heard of the case until contacted by the Houston Chronicle and San Antonio Express-News.

On Monday, Rep. Jerry Madden, R-Richardson, said none of the cases had been prosecuted.

But Colorado County Attorney Ken Sparks got a 2005 conviction against a female worker for improper sexual conduct with an inmate at a contract boot camp in Eagle Lake. He said the woman, who performed oral sex on the youth, received a sentence of three years of deferred adjudication, meaning she served no prison time.

In another development Tuesday, Perry announced that he is bringing in Ohio prison expert Thomas Stickrath to help overhaul the TYC. Stickrath has experience overcoming a correctional crisis in Ohio.

Austin Bureau reporters Clay Robison and Peggy Fikac contributed to this report.

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