Tuesday, May 6, 2008

Yeah, What the Hell is Going On Here?

WOW! WOW! WOW! Herdeman's posting on his blog "Herdeman's Texas Government Blog" entitled "Texas finally made a move" sure is a mouthful. I understand that he feels strongly about the allegations, but I am troubled by some of his arguments. First, let me say that my position on sexually abusing a child is that this act deserves nothing less than the severest of punishment. Second, thank God for the constitution that offers you me, and the FLDS church the right to a fair trial. Herdeman asked, "what took so long?", referring to the raid and removal of over 400 children on the suspicion of sexual abuse of minors. What took so long is probable cause. Herdeman also compared the Yearning For Zion compound to the David Koresh compound that was in Waco, Texas. This comparison is apples to oranges from a legal standpoint. David Koresh and the Branch Davidians were stockpiling large amounts of weaponry and the FLDS in El Dorado, Texas were farming the land; at least that is what it looked like. Was David Koresh a complete wack job? Yes he was and Warren Jeffs is just as big a wack job, but that doesn’t mean that the government can go around kicking in doors without probable cause, and being Mormon isn’t cause enough.

As for the idea of children under the age of 18 not being allowed to live with their parents on a religious compound; that won’t work. Freedom of religion is one of the core ideas that this country was built on. Hell, many ethnically dominated neighborhoods could be compared to compounds. What would work is mandatory monitoring of home-schooled children by the school district they live in. The children would have to attend a class on some type of regular basis to monitor their academic progress. A session as short as one hour a week could easily provide the interaction necessary to evaluate a student’s educational progress. This would be a regular adult interaction outside their environment that would serve as system of checks and balances and provide a line of communication for children who might otherwise be isolated.

I won’t even comment on how wrong the idea that children shouldn’t be left alone with men is. Oops, I just did. This idea perpetuates stereotypical ideas about abuse, gender and the abuser. The idea that Texas gives anyone a free pass to molest children is absurd. There are lots of great dads and some of them are even religious. I think that we should sign Herdeman up to be a big brother with Big Brothers and Big Sisters of America; maybe he would see how vital it is for boys and girls to have a male role model in order to have a healthy perception of family, community and life in general.

Monday, April 21, 2008

A Manipulated Caucus System

On March 29th of 2008 I was honored with and afforded an opportunity to attend the Travis County Democratic Convention as a delegate representing my precinct. First of all, let me emphasize that I do consider this an honor and one that carries with it, the responsibility to conduct myself ethically. I guess that not everyone holds that same view. My precinct had some very questionable behavior take place. This was the first time that I have attended a convention and found to my surprise that the whole system has room for error and manipulation. Add an estimated 10,000 people attending and it just becomes an absolute debacle.

To start the day off, many people waited in bumper-to-bumper traffic for up to an hour and a half just to travel the less than four-mile stretch from the highway to the Expo Center. Once at the Expo Center, it was another one to two-hour wait to get through the line to pick up your credential. Please don’t take this the wrong way; I think the volunteers did an amazing job dealing with the situation. Needless to say, there were some very frustrated people, but overall we all got to where we needed to be, well…at least most of us did.

For my precinct there were nine delegates and nine alternate delegates allocated to Barack Obama. There were also seven delegates and seven alternate delegates allocated to Hillary Clinton. All of these delegates and alternates were selected at the precinct caucus after the primary. The Democratic chair for my precinct was also the “self-appointed” delegate chair for the convention (let’s call her Judy, since that is her name). At 11:30 a.m. there were only eight out of eighteen Obama delegates and alternates at the convention and seven Clinton delegates and many extra alternates. Talk about getting caught up in the heat of the moment or maybe it had something to do with the Judy sending out an email to the Obama delegates two days before the convention saying that she would see them all at the “convention center”. Sometime around 11:30 Judy went to the floor to pick up the remaining credentials for our precinct. At about 11:45 the ninth Obama delegate found Judy and she the ninth Obama delegate was told that all of the delegates were checked in and that she could go home (did I mention that Judy was a Clinton alternate?).

Well the rest of it is scandal. The ninth Obama delegate went home without any other delegate ever being told that she was there and Judy elevated herself to a delegate creating a tie for eight/eight. This all went down long before it was time to stop accepting delegates. The day proceeded with the tie finally having to be broken by a coin toss (Oh God, I hope they have better methods at the national convention). The final outcome was one Clinton delegate and one Obama alternate going to the national convention to represent my precinct. This just stinks for the whole party. I am still shocked that someone would rob their very own neighbors of one of the most valued rights (our vote) as an American.

Yes, our system of selecting candidates in Texas gives the voter an opportunity to really get involved, but it is clear that there is way too much opportunity for manipulation of the system. I now think that it is time we consider going to an all-primary system and cut out the caucus. I will be at the National convention as one of the reps and awaiting decision on the challenge that some of the delegates from my precinct filed. I will either be the precinct’s delegate or alternate; either way, I think that it is all a big mess. Far too much blood has been shed for our American rights, particularly the right to vote and I would be just as disgusted if it was a vote that had stolen from George Bush (which is saying a lot).

Wednesday, April 9, 2008

New Syringes Fight Diseases

For the most part, I think that Shane Finnegan is right on target in his piece "Needle in a Haystack" which was posted on his blog "Hill country Views". In his posting he makes a strong argument in support of needle exchange programs in Texas. These programs are run by trained professionals that perform outreach work with IV drug users, exchanging used hypodermic needles for clean new ones in hope of stopping the spread of diseases like HIV and Hepatitis C.

There are a couple of "points" that I would like to add to this topic and the first is that in 2007 Governor Perry did sign a Medicaid reform bill (SB 10) into law. This bill included a provision authorizing the first legal needle exchange program in Texas. There is a pilot needle exchange program that exists in San Antonio. Hopefully we will start seeing more programs like this one starting up in other areas of the state where they are needed. The second thing that I would like to add is that needle exchange programs are not only proven to reduce the spread of disease from IV drug users using and sharing hypodermic needles (as Finnegan clearly explained), but they also provide an opportunity to connect addicts to treatment.

Yes, disease prevention is the goal of these programs, but many of them also provide drug counseling and treatment. This is an outreach opportunity that would otherwise never exist. Let’s face it; these programs are the only hope of putting trained professionals in regular contact with actively using drug addicts, creating an opportunity for exposure to treatment options and education of disease prevention (the old washing the needles with bleach and toilet water trick just doesn't cut it).

Wednesday, March 26, 2008

A Kind and Gentle Death in Texas

The good old United States of America has prevailed and ranked at number six in the world and it was only possible with the help of Texas. Yep, my fellow bar-b-que eating, Ford truck driving, God fearing Texans, we have helped in making the U.S.A. number six in the world for the most executions. We are right up there with China, Iran, Pakistan, Iraq and Sudan, all countries and governments that I am sure the rest of you Texans are proud to be compared to. Maybe it is time that we start re-evaluating our practices and policies.

Texas carries out the most death penalty executions of all the states in the Union. We execute more people than the other top four states execute in total. This is a phenomenon that totally contradicts our message, yet we continue with it in record numbers. It is wrong to commit murder and if you do and are found guilty and eligible for capital punishment, the state of Texas will murder you. This seems like a very confusing message that we are sending; if you kill, we will kill you, but killing is wrong, so don’t do it. That sounds a lot like do as I say and not as I do.

In 1972 the Supreme Court found the death penalty to be “cruel and unusual punishment” and it was suspended until 1974 when it was reinstated. The murder rate continued to rise after the reinstatement. There were no deterrent effects on crime associated with the reinstatement of capitol punishment. This seems like an inhumane and ineffective way to approach creating a safer Texas. There are many reasons to abolish this practice, including that it is less expensive to dish out life imprisonment sentences instead. Our methods of executing criminals are inhumane and there is no turning back from a mistake in the judicial process when the subject in question has been executed (there is always going to be a chance for wrongful conviction).

According to the
“Death Penalty Information Center” studies have found that it costs taxpayers much more for the courts to sentence someone to death, rather than life in prison. Death penalty cases take more time to prepare, more motions are filed, more experts are hired, it takes twice as many attorneys, more time is required in selecting a jury, the trials are typically 3 to 5 times longer, these cases require two trials (one for guilt and one for sentencing), and once prosecuted, there will be a series of appeals to follow. Not to mention the additional costs of housing an inmate in a single-man cell and high security unit that requires more manpower and real estate to maintain (the average stay on death row in Texas is a little over 10 years). Sounds like we are getting a bad deal; it is costing almost three times as much to dish out death sentences instead of life sentences. That is our hard earned money that could be going towards our kid’s schools, more effective crime prevention and those new cameras that take your picture when you run a red light (we’ll get into that one another time).

The current method of execution in Texas is by lethal injection (sold as a kinder and gentler form of execution), a cocktail made up of Sodium Thiopental (a short acting sedative), Pancuronium Bromide (a
paralytic agent that cause the lungs to fail) and Potassium Chloride (stops the heart). When this cocktail is given correctly it usually will kill the recipient in about seven minutes, but because the state does not require a doctor to administer the cocktail, it sometimes can be a painful experience that takes much longer due to unqualified person administering the cocktail. When not administered correctly, the recipient suffocates in a paralyzed state. We might as well go back to stoning people, it would be just about as humane as lethal injection and cost a whole lot less.

Then there is always the possibility of the wrongful conviction of an innocent person. In 2006 Arthur Mumphrey (a Houston man) was released after spending 18 years in prison for a crime that he didn’t commit. This not only cost Texas taxpayers to sentence him, imprison him for 18 years and pay him $450,000 for the wrongful conviction, but could have cost an irreplaceable life, had this been a death sentence. DNA tests have recently proved the innocence of 10 wrongfully convicted people in Dallas county alone. The stark reality is that mistakes happen within the judicial system and when the punishment is death in one of these cases, there is no rectifying it. Maybe we should change our legal system and make it so that the person who makes a mistake in a death penalty case is punished with a death sentence; I would be willing to bet that there would be less death penalties pursued by over zealous prosecutors.

I agree that there are people that do not belong on the streets, free in society. I just think that we Texans should take a good long look at our practices and policies. The just punishments that we are handing out don’t look so efficient and error proof when we visit them a little more closely. Even George W. Bush, when he was the Governor said that he was open to hearing other ideas and alternatives to capitol punishment. I guess nobody had any other ideas; I am just glad that no one suggested Guantanamo Bay or water-boarding to him back then or we would also have those to deal with in Texas.

Sunday, March 2, 2008

Prepair 'Em for Prison

Are you as tired as I am of seeing articles on the crumbling Texas Youth Commission? I am once again shocked at the practices that continue to be uncovered. In an article published in the San Antonio Express News and written by Lisa Sandberg entitled "Increased isolation of youths is assailed" TYC appears to be at it again.

Sanberg's article reported "contrary to its promises for reform, the Texas Youth Commission has stepped up its policy of isolating unruly inmates in solitary cells for days or weeks at a time, sometimes violating its own rules in doing so, the agency's independent watchdog said". TYC ombudsman Will Harrell reported that the agency has increased its use of solitary confinement as a form of punishment and youths are spending as much as 23 hours of the day in their cells and often without due process. TYC rules allow unruly juveniles under limited circumstances to be confined in solitary cells for up to 90 days but only while receiving intensive services from a team of caseworkers, psychologists and educators.

Harrell became aware of the situation after employees began complaining of the agency taking shortcuts to send increased number of youths into the Behavior Management Program without due process. Barry Krisberg, president of the National Council on Crime and Delinquency and a member of a task force in Texas that recommended TYC reforms that were mostly ignored was quoted saying "solitary confinement has been universally condemned by courts in the juvenile justice system". Why, does this system that has been riddled with charges of sexual and physical abuse and so much more continue to fail at addressing our incarcerated youth in an effective and humane way?

New conservator, Richard Nedelkoff said he was distressed to learn of Harrell's allegations but needed time to gather information before responding to them. "The end result could be that it was a bad policy or that it appeared bad but was justified or something in between," he said. "It will take a little bit of time, not a lot, maybe 35 to 40 days to gather the information." What... you have got to be kidding. That is an unreasonable amount of time for an agency whose policies have been nothing short of self-will run riot. It is time that this agency became accountable for its actions and in a timely manner.

If we want more adult prisoners then the TYC should just continue their practice of treating our troubled youth like adult prisoners, but I have to still believe that there are more effective alternatives. The first step should be to stop hiring experts from the adult prison system to head the reforms on TYC. This is a problem that will only grow if not addressed quickly, we are only cultivating convicts out of our kids with the current practices.

Friday, February 22, 2008

A Quest for the True Blue

In a quest for the true blue, my critical analysis of Phillip Martin's article that appeared in the Burnt Orange Report on February 22, 2008 and was entitled "The Debate Winner" will hopefully shine some light on what was really beneath the surface and at stake here.

In his article, Martin opened by describing some of the values and ideology of the Austinite. Sure, we proud Austinites sit on a true bedrock of progressive politics, well, it's kind of a bedrock... uh, it's actually more like an little blue island in the middle of a giant red sea. Don't worry fellow Dems, that is sure to change. Hell yes, we Austinites get out the vote, and yes, we also volunteer, we do protest unjust wars, stand up for a woman's right to choose, mobilize against racial and social injustices, embrace the freedoms of speech and religion, and yes we do it all while taking a dip at Barton Springs and drinking on Sixth Street. Well... at least some of us do.

What Martin forgot to mention is that we also do it at Ranchero bars and at the dozen taco trucks that line the stretch of Ranch Road 620. Yep, he forgot to mention that like Barack Obama says, we do it because we want change, well kinda. With almost four million people immigrating to Texas in the last decade and more than 70 percent of them being Hispanic and African American, there is going to be change whether we want it or not. Most of our new friends tend to vote as Democrats. Based on these figures there is going to be a socio-economic need to reform and create new programs that will meet the needs of the growing population and new Texans, programs that, based on history, will be addressed and created by the Dems. That red sea will very likely turn purple and then slowly turn blue and yep, Austin will become that bedrock of true progressive politics that Martin was talking about.

I don't want to get too far off into "left" field here; the article was intended to be about the debates and "how two of the greatest candidates the Democratic Party has ever been blessed to call its members took the stage to engage in one of the most influential debates we've had concerning the future of this country". Wow, that is a lot to live up to... did he really say "two of the greatest... ever"?

It wasn't so long ago that my wife said how she wished that Texas went to the polls for their primary earlier, like New Hampshire or Iowa. What she was saying is that she wished that the Texas vote had more influence in the early stages of the primaries. Well never the less, it looks like we are going to have quite a bit of say and influence in this primary election. The heat is on in a close race for the Democratic nomination; there are 126 delegates up for grabs in the March 4th election and another 102 that will be allocated to the caucus system.

And that, my politically interested friends is what that debate was really about. Yes, "Senator Obama and Senator Clinton had a spirited, passionate debate about how to achieve one of the grandest visions of how the government can improve the lives of millions of Americans". This was a showcase by the Democrats to prove to the world how forcefully good we can be when we sit down and talk, but further more, it was a high stakes game of political chess. One player carefully and strategically trying to checkmate the opponent. Up for grabs is the powers of the presidency and a four-years lease in the White House..

Friday, February 8, 2008

Texas Trendsetters

Once again, Texas is setting trends. Yep, the Texas legislature has snuck into our bedrooms again and now South Carolina is following their lead. As you will see in the article written by Greg Stohr and posted on Bloomberg.com titled "Sexual-Device Sale Ban in Texas Left Intact by Top U.S. Court" and on the blog In The Pink Texas in an article written by JCTB titled "Damned If You Dildo, Damned If You Don't", Texas is infringing on the peoples' civil rights and it could effect you. In 2003 Acosta V. Texas came in front of the Supreme Court on an appeal. Acosta had been arrested for selling a vibrator sex toy to two El Paso undercover police officers.

That's right, "Texas bans the manufacture, sale, distribution and promotion of devices including dildos, or artificial vaginas designed for... stimulation of human genital organs". The Supreme Court upheld Texas' right to monitor how its citizens will achieve their orgasms. Georgia, Mississippi and Alabama also have laws banning the sale and possession of sex toys and now South Carolina is well on their way to follow the trend. If the legislation is passed, it will be a felony to purchase or possess sex toys in South Carolina. A felony... does this mean that the dildo owner will be categorized with the dope pusher and armed robber?? What is next, outlawing phallic shaped vegetables?

In an official response, Mark Lopez with the ACLU said "People have a fundamental right to engage in lawful sexual practices in the privacy of their home, it's not like this stuff is available in Macy's... you and I wouldn't accidentally walk in to one of these stores". I guess the key work is "lawful"... whatever that means these days.