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Post by EJ on Dec 24, 2005 11:01:33 GMT -5
12/23/2005 - DALLAS TEXAS — A man was jailed for more than a year without ever seeing a lawyer as he waited for a repeatedly postponed court hearing, gaining release only after a cellmate told an attorney about the case.
Walter Mann Sr., 69, was released Dec. 16 after a year and three months — more than twice the time he would have served if he had been convicted in his contempt-of-court case.
Mann's legal troubles began in 2002, when his 13-year-old son assaulted him and was sent to a juvenile detention center. Mann, who was unemployed and on disability benefits, was ordered to pay $50 a month for the boy's housing but never did, according to court records.
Prosecutors sought to have Mann held in contempt of juvenile court, which led to an order that he be brought before a judge.
The judge then incarcerated him in September 2004 for three warrants alleging that Mann wrote bad checks. Then he waited more than a year as his contempt case was postponed again and again.
"He wasn't lost in the system," said Sheriff's Department spokesman Sgt. Don Peritz. "We knew he was here ... we hold them until the judge says to hold him no longer."
An October 2004 court docket entry suggests the judge's order was lifted, but Sheriff's Department records do not show it being lifted or Mann's release ordered.
Had he been convicted in the contempt case, he would have served a maximum of six months in jail and faced a $500 fine.
His release came after cellmate Jim Brooks, 64, heard from Mann that he had never seen a lawyer.
"I said, 'Man, why don't you call your people?' He said, 'Nah, I don't want to bother them with anything,'" Brooks said.
Brooks, jailed on minor theft charges, told his public defender, who told another public defender, Shoshana Paige. She made several calls and Mann was released the same day.
"I was shocked, and then part of me was shocked that I was shocked because I've read enough other stories about things like this," Paige said. "This one seems to be pretty egregious."
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Post by WaTcHeR on Dec 24, 2005 13:37:31 GMT -5
Here is another story-
The Friday night he found freedom, Walter Mann Sr. slept in the cab of an abandoned truck behind his church.
There he stayed until Sunday, his 69th birthday, when he woke to the sound of his old preacher inside the small sanctuary in east Oak Cliff. He walked into the church and re-entered a world he disappeared from during more than a year in a Dallas County jail.
"I'm hallelujah fine," he said Friday, clad in dirty jeans and an old Dallas Cowboys sweatshirt.
Mr. Mann was released from jail Dec. 16 after a 15-month stay, during which time he never faced a felony criminal charge, had no visitors and apparently never saw a lawyer.
He was freed after his cellmate, Jim Brooks, told a public defender about his case. The public defender, E.A. Srere, told a co-worker who got him out of jail on a judge's order later that day.
"I kept crying for them to take me into court to get a lawyer," Mr. Mann said Friday.
"They would keep giving me appointments to go to court, but I never went once."
On Friday, a day after a story about his plight ran in The Dallas Morning News, Mr. Mann was found at It's All in the Word Ministry, the church where he had slept.
The elderly man – who has an eighth-grade education and has received psychiatric care – saw his troubles begin in 2002 when his 13-year-old son assaulted him and was sent to juvenile detention.
A court ordered the father to pay $50 monthly to the county for housing the boy. He failed to pay, resulting in a contempt-of-court motion. After he missed a hearing in July 2004, he was picked up on a civil order – a writ of attachment – intended to bring him before a judge.
Once booked into jail, Mr. Mann served a few days for three minor justice-of-the-peace warrants for writing bad checks.
Then he waited for more than a year. A ruling has yet to be made in the contempt case.
Mr. Mann said his ex-wife and children have left Texas. His friends and church members thought he had moved, too.
"We thought he had left town with his family," said Pastor Jimmy Clark of It's All in the Word Ministry.
"When he told me what happened, I said, 'You're kidding.' I said, 'They made a big mistake this time.' "
During his time in jail, records indicate, Mr. Mann made multiple visits back to the 305th Juvenile District Court for his contempt case. Mr. Mann, however, says he never entered the courtroom.
Judge Cheryl Lee Shannon, who presides over the 305th, reiterated Friday that she would never allow anyone to be held for a long time on a writ of attachment from her court. But she did not explain how Mr. Mann ended up in jail for 15 months.
"I have looked into it, and when I get back into the office, I'll look at it again," she said.
Mr. Mann is now at Mr. Clark's home as he tries to get his disability payments and medical services.
On Friday, he also met Ms. Srere and Shoshana Paige, the public defenders who helped him.
"If you know a good lawyer, I need one," he said.
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Post by WaTcHeR on Dec 24, 2005 13:58:03 GMT -5
I kept crying for them to take me into court to get a lawyer," Mr. Mann said Friday. They would keep giving me appointments to go to court, but I never went once. Well I'm sure since he was "black" that really had nothing to do with it, right? Yeah right! The elderly man – who has an eighth-grade education and has received psychiatric care – saw his troubles begin in 2002 when his 13-year-old son assaulted him and was sent to juvenile detention. A court ordered the father to pay $50 monthly to the county for housing the boy. He failed to pay, resulting in a contempt-of-court motion. After he missed a hearing in July 2004, he was picked up on a civil order – a writ of attachment – intended to bring him before a judge. Stupid I wouldn't paid it either, then again how would I with no job? If a judge decides to make a ruling and take away your child, then that's the county or states problem when it comes to paying the bill. During his time in jail, records indicate, Mr. Mann made multiple visits back to the 305th Juvenile District Court for his contempt case. Mr. Mann, however, says he never entered the courtroom. That's because someone is lying and my guess would be the police or the courts. Another guess of mine would be this 69 year old man is going to come into some money soon. There's nothing like a law suit against the police and courts for false imprisonment and right to counsel. Of course the cops or courts don't care, it's not out of their pockets, it's money from the citizens of that city. ----------------------------------------------------------------------- The Sixth Amendment Right to Counsel Clause "In all criminal proceedings, the accused shall enjoy the right…to have the assistance of counsel for his defense." The Sixth Amendment right to counsel is a critical component of the Bill of Rights in that it provides the accused with an advocate who is trained in the legal process and can provide a safeguard against violations of the suspect's other Bill of Rights protections. Interestingly, it was not until 1963 that the Supreme Court held that states must provide a lawyer for all felony suspects, ending disparities in legal representation based on economic class. Today, all person charged with a serious crime in the United States enjoy the assistance of a defense attorney regardless of economic status. State-employed public defenders represent clients who cannot afford their own attorneys, and contrary to popular belief, achieve roughly equal outcomes for their clients as do the more expensive privately-hired lawyers. |
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Post by KC on Dec 26, 2005 20:19:36 GMT -5
Think about it, maybe he didn't want to leave the jail? Hell this guy got 3 meals a day, roof over his head and he was away from his old lady and bratty kid.
If and when I'm in my 70's or 80's and I have no way to support myself, I will probably spend my last days in a prison and have the government support and feed me taxpayers support and feed me.
I read once about this 85 year old man who would do the same thing, he was smart too he robbed banks. He made sure he go into a nice "federal" prison. You don't want a state prison, that's for sure.
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tex
New Member
Posts: 28
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Post by tex on Jan 13, 2006 19:20:20 GMT -5
Jan. 13, 2006 - Dallas County officials have dismissed remaining charges against a man who spent 15 months in jail without seeing a lawyer as he waited for a repeatedly postponed court hearing.
Walter Mann Sr., 69, walked out of jail Dec. 16 after a cellmate told his public defender about Mann's plight. But he was ordered to appear in court Jan. 5, when he learned of an outstanding warrant for a bad check he wrote for $67.05. Mann was told he would have to pay that amount, plus a $500 fine and $93 in court costs.
Mann, whose troubles with the law began when his 13-year-old son assaulted him, was initially incarcerated on three minor bad check warrants.
The district attorney's office Wednesday asked a judge to dismiss the case against Mann, who is indigent and unemployed with an eighth-grade education.
"Under the policies, he would be entitled to having everything cleared with the time he served in jail," said Nick Cariotis, the head of the district attorney's bank fraud decision who personally called for the dismissal.
People who cannot pay court-assessed fines are given the option of serving jail time, earning a $300 credit with each day spent behind bars.
Cariotis said the dismissal request -- which he made "in the interest of justice" -- was granted later Wednesday.
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