Amid concerns over rising crime and potential plans to release more felony suspects from the Harris County jail system, both elected legislators and law enforcement officials spoke out in opposition Tuesday.
A group of nine Harris County legislators joined to file an amicus brief in federal court voicing opposition to potential orders to release vast numbers of felony suspects from the county jail system due to coronavirus concerns.
The federal court is considering emergency motions filed in Russell v Harris County, a case regarding bail policies for felony offenders. Plaintiffs’ attorneys have requested the immediate release of as many as 4,000 suspects from the jail.
Additionally, plaintiffs have called for Chief U.S. District Court Judge Lee H. Rosenthal to rule unconstitutional Governor Greg Abbott’s executive order prohibiting the broad-scale release of violent felony suspects.
The nine legislators filing in opposition to these requests include State Senator Paul Bettencourt (R-Houston), and State Representatives Sam Harless (R-Spring), Dan Huberty (R-Houston), Briscoe Cain (R-Deer Park), Dennis Paul (R-Houston), Tom Oliverson (R-Cypress), James Murphy (R-Houston), Dwayne Bohac (R-Houston), and Valoree Swanson (R-Spring).
“Together we represent approximately 2 million plus constituents of Harris County, the vast majority of whom are opposed to this inmate release,” said Bettencourt.
Rep. Cain, a member of the Criminal Justice Reform Caucus told The Texan that while he supports the need to reform aspects of the bail system, he had concerns about potential release orders for Harris County.
“We want to make absolutely sure that we’re not releasing inmates with violent criminal histories into our communities,” said Cain.
In an interview with The Texan, Rep. Oliverson, a practicing anesthesiologist, said that since there were already confirmed coronavirus cases in the jail system, inmates had likely already been exposed. Rather than release them into the community where he said even asymptomatic persons were likely to be shedding virus, inmates should be quarantined to prevent further spread.
“The plan to release exposed inmates violates every known concept of virus containment,” said Dr. Oliverson.
“We’re releasing into the general population individuals who have likely already been exposed, but who have already demonstrated difficulty following the rules and are unlikely to self-quarantine or follow Stay Home orders issued by the governor and county judge.”
The lawmakers also joined the governor and Texas attorney general in calling for the court to dismiss the lawsuit in its entirety.
In order to draw attention to both the federal lawsuit and ongoing release of habitual offenders on low bonds, a group of law enforcement officials also held a press conference Tuesday.
Led by Houston Police Chief Art Acevedo, the presser included District Attorney Kim Ogg, Crime Stoppers Houston CEO Rania Makarious, several county constables, and police chiefs from Deer Park, Bellaire, West University Place, and Pasadena.
Acevedo said that while the men and women of local law enforcement were “fighting for this community, trying to keep our community safe,” judges and magistrates in the county were giving violent and repeat offenders bonds as low as $10.
District Attorney Ogg explained how magistrates and judges set bonds and conditions for release after her staff files charges. She also discussed review of lists of inmates submitted by Sheriff Ed Gonzalez for release due to coronavirus.
The lists were generated after County Judge Lina Hidalgo issued emergency orders allowing for the release of “non-violent” felony suspects detained in the jail. Although last Friday a court order from Administrative Judge Herb Ritchie declared Hidalgo did not have jurisdiction over criminal suspects, criminal court judges do have jurisdiction and have continued to process candidates for release.
The district attorney’s office does evaluate the candidates submitted by the sheriff, but at the press conference Ogg said many inmates on the lists were not eligible under the governor’s executive order.
Several speakers provided examples of suspects released by county magistrates and judges.
Pasadena Police Chief Josh Bruegger described a suspect who had threatened family members with a machete and a handgun. Although charged with family violence and aggravated assault, the judge freed the suspect on a PR bond and did not authorize no contact protective orders.
Representing Harris County Constable Precinct 7, Lionel Aaron described the release of murder suspect David Cruz on minimal bond saying, “When a suspect can be released for less than a Happy Meal, there is a problem.”
“We have magistrates and judges that are slapping the men and women of law enforcement in the face every time they make an arrest,” said Precinct 4 Constable Mark Herman.
Chief Acevedo also spoke about a five-year old boy hit by a stray bullet last week. Khalisah Smith,one of three suspects sought in the shooting, was already out on bond for three separate charges: compelling prostitution by force, attempted trafficking of persons, and promotion of prostitution.
The boy has since died.
Makarious of Crime Stoppers Houston noted that the leniency shown to suspects was emboldening criminal activity.
“Violent crimes are up by 20 percent this year, murder is up by 30 percent, and property crime is up by nearly 30 percent,” said Makarious.
Disputing the idea that only “violent” crime posed a problem, Makarious said other felony offenses like property crime also wreak havoc on the community.
“We are pleading, please remember the victims.”
Referring to the federal court hearing that was also taking place Tuesday afternoon, Acevedo said he hoped the Judge would hear the voices of both law enforcement and victims’ advocates.
“I hope Judge Rosenthal will issue a ruling that you cannot have broad brushes.”
Although many observers expected Judge Rosenthal to issue orders Tuesday, she did not. After close questioning of representatives from the sheriff, district attorney, county judge, and attorney general, the judge requested more information to be provided to her by noon on Wednesday.
“I apologize for being slow. I want to do right. First, do no harm,” she said.
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Holly Hansen
Holly Hansen is a regional reporter for The Texan living in Harris County. Her former column, “All In Perspective” ran in The Georgetown Advocate, Jarrell Star Ledger, and The Hill Country News, and she has contributed to a variety of Texas digital media outlets. She graduated summa cum laude from the University of Central Florida with a degree in History, and in addition to writing about politics and policy, also writes about faith and culture.