Icon Re: Hey Reg...maybe EEE would like to comment...
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Reg (view)

"If they can prove a connection between the Texas Attorney General Greg Mattox and Alberto Gonzales telling him to back off of this case, I'm all for the punishment." -Pat

I think you meant to say Greg Abbott. The investigation of this case has just begun so I guess we'll see how that plays out. Gonzales and his department declined to prosecute the case. You can read their explanation in the pdf's I posted. The explanation, I would say, is pure bullshit and what you have to wonder is why.

"My question is this: Why escalate this to the federal level? Why not make a big deal about this at the state level? Is the federal level responsible for pursuing cases that should be done at the state level?" -Pat

Why was this referred to the DOJ? I think several factors come into play. First the Texas Ranger investigating the case was horrified by what he found and his report was quite long and very graphic. These children were in custody and it is the responsibility of the US District Attorney's office to prosecute violations of civil rights. It was quite obvious that the Texas Ranger who investigated the situation felt rape (his report is graphic and includes the violent rape of a boy with a broom handle) was a violation of the civil rights of these children.

From the US Attorney General's office:

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The trial attorneys of the Criminal Section prosecute violations of several federal criminal civil rights statutes, including those which prohibit the following types of crimes:

Official Misconduct (18 U.S.C.§ § 241, 242) -- Intentional acts by law enforcement officials who misuse their positions to unlawfully deprive individuals of constitutional rights, such as the right to be free from unwarranted assaults, illegal arrests and searches, and theft of property.

Official Misconduct

Allegations of official misconduct constitute the majority of all complaints reviewed by the Criminal Section. The officials who have been defendants include state and local police officers, prison superintendents and correctional officers, federal law enforcement officers, and state and county judges. These officials have been charged with using their positions to deprive individuals of constitutional rights, such as the right to be free from unwarranted assaults, coerced sexual contact, illegal arrests and searches, and the deprivation of property without due process of law. Examples of recent prosecutions include a case in Memphis, Tennessee, in which eight correctional officers employed by a county jail were convicted of civil rights charges in connection with assaults on several inmates, one of which resulted in an inmate’s death, and a case in Jackson, Mississippi, in which a deputy sheriff was convicted of raping a teenage girl while on duty after having previously been acquitted on local charges.

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So clearly it would seem that the Texas Ranger was right to refer this case to the DOJ.

The Texas DA that is referred to in the pdf's I posted is one Randy Reynolds who according to several Texas newspapers declined to prosecute 90% of the felonies that came across his desk. In all of the rest of Texas no other district has a declination rate above 20%...this means that Randy Reynolds was basically useless and the Texas Rangers, according to the papers in Texas, have been very unhappy with him for some time. I'm guessing Ranger Burzynski was well aware of this and in such a situation (the well being of children being involved) it would seem the right thing to do to prosecute this case in any and every way possible.

So clearly my answer to your questions is this should have been prosecuted at both the state and federal level. You should, as I do, find it most disgusting that the letters I point you to in the pdf files are dated from 2005. This case is just now getting attention in Texas. So, that's two years of wasted time in prosecuting child rape and the accused have been allowed to walk. It would seem that the content of Bill Baumann's letter would seem outrageous and obscene to pretty much anyone. This would be where Eric could certainly add his perspective as a law enforcement officer.

"The link to Gonzales seems a little fabricated for headlines." - Pat

The case was referred to his office and they declined to prosecute on the grounds, I guess, that rape is not an assault, and they felt the boys enjoyed it. Not much to fabricate. The question would be how much Gonzales knew about the case and I wonder since he is from Texas how that played into his involvement or non-involvement.

–--
'The only way to avoid getting crushed by absurdity, is to humbly include the absurd in our calculations.'
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