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Saturday, October 11, 2014

Prosecutor Duties




Rule 3.09. Special Responsibilities of a Prosecutor
(c) not initiate or encourage efforts to obtain from an unrepresented accused a waiver of important pre-trial, trial or post-trial rights;

county court practice?

6 comments:

  1. Rape by Deputy inside the Kerr County Jail was covered up by local newspaper and media. Inmate raped by cop.

    XAVIER RODRIGUEZ, District Judge

    On this date, the Court considered Defendant Kerr County's Motion for Summary Judgment (docket no. 16).

    Plaintiff's Complaint
    Plaintiff alleges that on July 26, 2002, while incarcerated in the Kerr County jail, she was raped by jail guard Moses Marrero. Plaintiff alleges that Marrero and Kerr County's conduct violated her rights secured by the Fourth, Fifth and Fourteenth Amendments to the United States Constitution. Plaintiff also alleges that Defendants violated 42 U.S.C. § 1983. Plaintiff alleges that Kerr County "propagated, permitted, encouraged and tolerated a policy or custom of permitting untrained, unqualified and unsupervised employees, such as Marrero, to assault and oppress females, such as Plaintiff. Kerr County's failure to train its officers, including Marrero, was the moving force behind Plaintiff's constitutional injury." Further, Plaintiff alleges that Kerr County was aware of facts establishing civil rights violations, but was consciously and deliberately indifferent to Plaintiff's constitutional rights. Plaintiff also asserts an intentional infliction of emotional distress claim and assault claim against Marrero.

    Kerr County acknowledges that Marrero had sexual relations with Ms. Hardeman while she was incarcerated, that he was charged with violation of the civil rights of a person in custody, and was convicted *22 of that offense. Kerr County, however, maintains that as a matter of law it is not liable for the actions of Marrero.

    Background

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  2. I guess Rusty and the KDT forgot to tell us about this one as well.

    http://www.ca5.uscourts.gov/opinions%5Cunpub%5C06/06-50636.0.wpd.pdf

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  3. Now comes the cover up team requesting more money to expand the jail. What other bad news has been covered up concerning the jail. Should we give this group more money under the present circumstances?

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  4. Which court / prosecutor are you referring to?

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  5. Rule 3.09. Special Responsibilities of a Prosecutor
    (c) not initiate or encourage efforts to obtain from an unrepresented accused a waiver of important pre-trial, trial or post-trial rights;
    - yes - the Kerr County Attorney's Office's SOP is to meet with unrepresented defendants and make plea offers. I suppose the justification is that the defendants have to watch a 20 minute video where the C/A explains their rights to counsel, etc. Before the defendant enters a plea he signs a form called Admonishments and Waivers, saying he understands his rights, is knowingly and intelligently waiving, and so on.

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  6. You forgot to mention that the CA's office does NOT speak with defendants until after they are admonished by both the Bailiff and the Judge, to read & sign a form, choose a decision to either speak with the CA, or to hire their own attorney, or request a court apponted one, and review a video in court that explains why the CA can't speak with the defendants until they understand & sign the instructional forms given to them by the clerks.

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