Rick Halperin
Tue Aug 16 12:14:10 2005
June 22 TEXAS: Defender or loose cannon: Who is Quanell X? -- "It is my duty to try to help change the condition of my people." For years, he has made headlines in some of the city's more notorious stories. Most recently, Quanell X, whose given name is Quanell Evans, was arrested while trying to turn in a suspect wanted for shooting an police officer. That event alone garnered even more television news time for the controversial activist who seems to thrive on the publicity. But who is Quanell X and how did he get here? "That's just like askin' how Michael Jackson got popular," Quanell responded. "He did his homework." Not unlike the pop star, Quanell X knows how to put on a show, once driving through Houston atop a stretch Hummer limo surrounded by his gun-wielding bodyguards. "Violence definitely, when necessary," he said. Real violence would be a part of his earlier life. Quannel X went to high school at Worthing High in Houston. He was once charged with drug offenses as a teenager. Then at age 21, Quanell had an experience that has become part of the neighborhood lore. "When his brother was killed it changed his reaction and his way of thinking," said one young man in the Third Ward who knows Quanell X. Someone murdered his younger brother and three others. When Quanell confronted the media, he let white people have it. "But you and other white people like you don't give a damn about what happened in that house down there," Quanell said angrily. Just months later, as a member of the Nation of Islam, he attacked gays as "sick." "I don't care who I offend," Quanell said. We asked him about his views in 1992. "I don't hate white people, I don't hate gays, I don't hate lesbians. But it is my duty to try to help change the condition of my people," Quannel said. More recently, Quanell X has been affiliated with the New Black Panther Party and a group called the National Black United Front. The latter group is listed as the owner of a building on Southmore, which was used as Quanell X's address in criminal records. In an activist role, he has focused on people he believed had been victimized by the system: Death row inmates, alleged victims of police abuse, a DPS trooper whose coworkers dressed as Klansmen to celebrate his birthday. Now, there's his role as the man to turn to when you want to turn yourself in. It's said that so far he's helped in the surrender of some 16 fugitives. A role that seems directly linked to the tremendous mistrust of police that is found among some African-Americans. "They're scared, man. Y'all know what they'll do if they catch one of us," Quanell said. "You know what they'll do if they catch one of us." One of the city's most respected ministers, the Reverend Bill Lawson, has come to Quanell X's defense as he said he would defend anyone whose rights may have been violated by police. But he nonetheless calls Quanell X a "loose cannon" whose strategies he does not always agree with and who he says will have to moderate his inflammatory rhetoric if he wants to achieve more mainstream political power. "But right now, you're dealing with a young man who is fiery, who is extremely vocal, but is also extremely effective," Lawson said. And for those who revere him, Quanell X is seen as someone to trust in places where some have little trust in the system. (source: KVUE News) ******************** Camacho Mental Evaluation Experts for the prosecution are now trying to determine if a Brownsville woman accused of murdering her three children is mentally retarded. An expert for the defense found Angela Camacho's IQ level well below 70, a benchmark in determining mental retardation. Prosecutors tell us if their experts come to the same conclusion, they will not press for the death penalty. (source: KRGV News) ********************* Ex-felons vote? Not in Florida At least some of the ex-felons in 15 states are denied voting rights permanently. Florida, one of those 15, is starting to re-evaluate its list, in the wake of President Bush offering re-enfranchisement to some but not all of the ex-felons in the state. Texas, though it may be one of the most vilified states based on its usage of capital punishment, actually isn't as strict as Florida on this issue. But in the wake of the closest presidential election in history, it is going to become necessary for Texas to take its own look, as Florida did, at the voting rights of ex-felons. Texas lets ex-felons vote after they have completed probation and/or parole. This is completely unacceptable. Ex-felons throughout the United States should be completely disenfranchised. Bush's actions in Florida are reprehensible. Felons commit a crime which carries a set potential sentence of least a year, and they must complete whatever time is actually set in the courtroom in order to even walk the streets again. It is important to say that there is no such thing as an ex-felon. There are people who have committed felonies (felons) and people who haven't (citizens). But there is also another act underlying any felony crime, an act which is against the rest of society, regardless of the victim of the crime. We live in a society of laws, and respect for them is fundamental. Not respecting the laws is akin to not respecting society. We owe nothing to those who would not respect us and our laws. Those felons are neither owed nor deserve the vote. They have opted out. This may disenfranchise a great many people. But that does not preclude those felons from either changing laws or participating in society, and so it matters very little. Voting just isn't necessary for felons to challenge laws. The judicial branch handles all the questions on the law. In actuality, due to separation of powers, they are the only ones qualified to lay down judgment on the law. Legislators can repeal laws, but the long lines at courtrooms, the packed jails and the smaller turnouts will send them the same message a vote does. And in this manner, felons could get their vote back. If a law is repealed or otherwise declared null, felons who were convicted under it should be allowed to vote. Taking away felons' right to vote doesn't harm their abilities to participate in society, but instead limits the amount of harm which they may do after becoming felons. Felons in the state of Texas have all manner of access to government, including the elected Texas Supreme Court, with their vote. They are able to choose the governor and lieutenant governor, as well as county sheriffs. These are some real conflicts of interest. But they aren't conflicts of interest simply because of high recidivism rates. The principle is that those who don't play by the rules can't be allowed to set them. A felon convicted of grand theft auto may not necessarily want to legalize theft of that sort, but with the option always there, the person could be taken in by any random politician who promises it. Or, any random politician who promises to re-enfranchise him or her. (source: Rokbert Walsh is a humanities junior, The Daily Texan) ******************** Capital Murder Suspect Gets Out Of Jail On Bond Mistake A mishap in the Smith County justice system gave a capital murder defendant a 2-day vacation from jail before authorities realized the mistake and put him back behind bars Monday. Trey Neil Morris, 19, was released from jail Saturday after he posted $125,000 bond - a day after a district judge denied a motion to reduce his bond from $500,000. He is charged with capital murder for his involvement in the Dec. 5, 2003, bludgeoning death of Edward "Eddie" Erwin Jr. Morris turned himself back in to authorities after he was notified about the mistake. Exactly who made the error has yet to be solved. Defense attorney Jeff Haas filed a motion for bond reduction Thursday, requesting Morris' bond be lowered to $50,000. The state argued his bond should remain at $500,000 and on Friday, 241st District Judge Jack Skeen Jr. ruled on the matter, denying the defense's motion for a reduction. Haas could not be reached for comment Monday. Morris' bond was set at $125,000 at the time of his arrest in December. When he was indicted in March, his bond was enhanced to $500,000. The jail never received a copy of the indictment or the bond increase, Smith County sheriff's Chief Deputy Bobby Garmon claims. "There's nothing in the (jail's) files showing it (the bond) was set at $500,000," he said. County records show an employee of the district clerk's office entered Morris' bond at $500,000 into the county's computer system on March 31. Garmon referred the Tyler Morning Telegraph to SCSO Capt. Gary Pinkerton for more information. Pinkerton did not return telephone calls. On Monday, when the District Attorney's Office learned the defendant had been released on a $125,000 bond, it immediately informed Smith County Jail officials that the bond was set at $500,000, Smith County District Attorney Matt Bingham said. "As a result the defendant was back in custody by Monday afternoon," he said. After Morris was notified, he turned himself back in to officials, was arrested again and booked back into jail. Bingham said the DA's office does not set the bond and is not responsible for notifying anyone of the bond amount. "What's important is that once the DA's office realized he (Morris) had been released on a lower bond, it notified the Smith County Sheriff's Office, which took immediate action to get him back into custody," Bingham said. When a person is indicted, the state recommends a bond amount, but the court sets the bond at whatever amount it deems appropriate. The court then sends the indictment down to the Smith County District Clerk's Office, which prepares a capias - an order by the court demanding a person be taken into custody, in this case on a new bond amount. Morris' best friend Brian Daniel Alana, 20, also has been charged with capital murder for Erwin's death. Alana allegedly beat Erwin with a crowbar and put him in the backseat of his car in front of several witnesses. Erwin's partially clothed body was found lying beside a small private pond in a remote thicket west of County Road 3178 and U.S. Highway 271 - an area familiar to Alana, who lived nearby. Haas said a witness who testified during grand jury proceedings said Alana and Erwin got into a fight after Erwin stole something from Alana's father. After he was placed in the car, Erwin attempted to crawl out, but was kicked in the head by Morris. Alana drove off by himself with Erwin while the others attempted to clean up. He said there was no evidence the community would be in any danger if Morris was released from jail. First District Attorney Brett Harrison said the offense was extremely violent. Alana allegedly beat Erwin nearly to death and Morris kicked him in the face, helped wash away and burn evidence and may have helped dump the man's body in the lake. He said there was no indication the family could not raise funds to pay for the $500,000 bond. Skeen said he anticipated setting the case for trial in August, as requested by Haas. Assistant DA Joe Murphy is also prosecuting the case while defense attorney Don Davidson is aiding Haas in representing Morris. (source: Tyler Morning Telegraph) ****************** Grandson, 2 others jailed in man's death 3 men are in police custody in connection with the bludgeoning death of a 78-year-old Arlington man Friday night during an apparent robbery at his home. A relative found George Kuss' body just before midnight Friday on the floor of his home in the 700 block of Lynnfield Drive in east Arlington, police said. Kuss was killed by blunt force trauma to the head, according to the Tarrant County Medical Examiner's Office. Three men, including Kuss' 37-year-old grandson Robert Wilson, have been arrested on suspicion of capital murder. Wilson is under observation at Arlington Memorial Hospital and was expected to be transferred to the Arlington Jail later Tuesday, police said. Two other suspects, Brandon Lane and Clifford Chambers, both 17, are in the Arlington Jail with bail set at $100,000 each. Lane and Chambers were arrested Saturday afternoon after an officer stopped them while they were driving in the 2000 Lincoln Continental reported stolen from Kuss' home, police said. ******************************** Police lacked cause for fatal drug raid, court says A state appeals court threw out search and arrest warrant affidavits used in a December 1999 drug raid that left the son of true-crime writer Barbara Davis dead. The ruling, released Thursday, states that the no-knock warrants failed to show an informant was reliable, and it states that North Richland Hills police Sgt. Andy Wallace did not corroborate many of the facts passed along by the informant. The ruling was the result of an appeal by Davis, who pleaded guilty to possession of GHB, a designer drug, found after the raid. Her plea agreement included the right to appeal. The case could be retried or dismissed, or prosecutors could appeal. The ruling by the three-judge Court of Appeals 2nd Judicial District of Texas in Fort Worth could also affect a wrongful-death lawsuit filed by the Davis family. The city has maintained that police had probable cause to burst into the house without knocking to search for marijuana plants because Troy Davis, the author's son, was considered armed and dangerous. Barbara Davis was also in the house at the time. A Tarrant County prosecutor said Monday that he wasn't disappointed with the ruling. "One judge thought it one way," said Tarrant County Assistant District Attorney Ben Leonard, one of the prosecutors in the Barbara Davis case, referring to State District Judge C.C. "Kit" Cooke's original decision to allow the warrants into evidence. "Three other judges thought it a different way." But Davis' lawyer, Bill Lane of Fort Worth, said the ruling is a huge victory for his client. "We've contended all along that the raid should never have happened," Lane said. "If I was a North Richland Hills resident, I'd go to the next City Council and demand an investigation of that [police] unit by the Texas Rangers or the DA's office. That's because if it happened in this case, what about bad warrants in other cases?" City Attorney George Staples said Monday that the ruling won't have a bearing on the city or police. "I'd tell North Richland Hills residents to have a little patience," he said. "We are going to try this in the courts, not in the newspaper. I'm confident of the outcome once we get to court." According to the ruling, Wallace stated that the informant, Chris Davis, a cousin of Troy Davis', was familiar with marijuana because he was arrested on a "drug charge," but the officer did not verify any charges or convictions. The informant identified two people at the home, Barbara and Troy Davis, as possessing marijuana, but Wallace did not state in the affidavit how the informant knew what marijuana looked like or any other details of where the marijuana was in the home. The affidavits also lacked information on the weapons in the house, how the informant got into the house and the relationship among the informant and the suspects. Wallace also failed to verify the identities of Barbara and Troy Davis, the ruling says. "Officer Wallace admitted that he had no background 'intelligence' when he presented his affidavit to the judge. He had not verified appellant's or her son's involvement with drugs," the ruling said. The ruling also states, "It is clear that Officer Wallace's affidavit contained several falsehoods, some that related to the background of the untested confidential informant ... and still others that were made with reckless disregard of the truth or accuracy regarding the illegal activity claimed.... "We cannot agree with the State that these falsities were mere 'mistakes' the officer made when the evidence shows that the officer made these sworn statements with reckless disregard for their truth." The raid by 17 tactical-team officers occurred Dec. 15, 1999. Police said Troy Davis was pointing a loaded 9 mm pistol at officers when tactical-team member Allen Hill shot him. A Tarrant County grand jury declined to indict Hill in the shooting. He has resigned from the Police Department. Barbara Davis has said that her son was not armed and that police placed the gun near his body. Police found 3 marijuana plants, marijuana in plastic bags and equipment used for growing plants indoors. They also found bottles of GHB, or gamma hydroxybutyrate. An autopsy found traces of marijuana in Troy Davis' system. Barbara Davis is best known for her book Precious Angels, which argues that Darlie Routier of Rowlett killed her sons in 1996. Routier was convicted on 1 count of capital murder after a highly publicized trial. She was sentenced to death. Davis later announced that she had changed her mind and intended to write another book arguing that Routier is innocent. (source for both: Fort Worth Star-Telegram )