Man held for 83 days for missing jury duty

[Fred B. Ellison]

============ ========= ========= ========= ========= == http://www.dallasne ws.com/sharedcon tent/dws/ dn/localnews/ columnists/ problemsolver/ stories/050909dn entjuryduty. 3b78bf5.html DMN Problem Solver: Collin County man held for 83 days for missing jury duty 12:39 PM CDT on Saturday, May 9, 2009 Douglas Maupin was held at the Collin County Detention Facility for 83 days on a warrant for failure to appear for jury duty. During those days of legal purgatory, he said he was unable to hire a lawyer, post bail or even get a clear explanation of what type of charge he was being held on. His case was finally handled Friday afternoon a few hours after a judge heard from The Dallas Morning News about his situation. "He should not have spent that much time. This is unacceptable," said 416th District Judge Chris Oldner, who returned to the courthouse late Friday specifically to handle the case of Maupin, who was released Saturday. "I don't know why the process failed to notify us." Maupin, 34, who recently lived in Allen, was taken in on the 6-year-old jury duty warrant after he was stopped for speeding 65 mph in a 45-mph zone in Parker on Feb. 15. He was then taken to the Collin County Detention Facility, where he said he spent the next 36 hours sitting on a plastic chair waiting for a bond hearing. A videoconference with a municipal judge set a $1,500 bond, which required the full amount in cash, according to court documents. Also Online  Blog: DMN Investigates Maupin, a masonry contractor, says he didn't have the money, and his friends and family couldn't afford to help him. "My mother knows I'm in here, but she's on partial disability and a small income," he said during a jailhouse interview early Friday afternoon. He also said it was hard to reach his friends, because all of them have cellphones, and they could not receive collect calls. When asked why Maupin was being held so long, John Norton, a Collin County Sheriff's Department spokesman, said, "We hold him until he posts bond or a judge says, 'Release him.' " Wearing an orange jumpsuit and talking by phone from behind a glass partition, Maupin said that the notice of the original summons and contempt hearing back in 2003 was sent to his parents' home. That's why he didn't show up, he said. "I understand I am partially responsible, but I just want my day in court," he said during the interview. "I do know I have the right to due process and a speedy trial. I've had neither. It's not right." He said at one point he had asked for a form to try to get a public defender, but he was told by a clerk that he couldn't have one because his was a civil case even though the court's Web site identifies the case as a felony. He also said that released inmates wrote him and told him they had tried to tell the court of his situation but were ignored. So he wrote a letter, postmarked April 30, to the DMN Problem Solver column at The News. The letter was received on Thursday. "I have been given conflicting pieces of information about my case," he wrote. "Also, I have been denied representation. There is still no court date set and I'm becoming quite concerned. My situation has become critical." Maupin wrote that, because of his time in jail, he lost his rental home, his car and his dog. "I find myself now homeless, with no job, and a vehicle repossession," he wrote. "Along with the loss of all my personal possessions, and my beloved dog, Daisy." In the interview, he said he wasn't sure what happened to his dog, or where his possessions are. Aside from not appearing for jury duty, Maupin also had seven charges for failing to pay tolls with fines totaling $2,236. Five of those cases were canceled by the court on March 5. The remaining two were finally dropped for time served on April 17. An examination of Maupin's case indicates several reasons why he might have fallen through the cracks. The judge who signed the original 2003 warrant has since retired. And while the case was assigned to the court of the judge who replaced him, it wasn't that court's responsibility. Judge Oldner said that, as the administrative judge, the case was his but he had no idea that Maupin was in the detention facility. He also said that Maupin should have been allowed to apply for a public defender. While the case wouldn't have qualified, it would have put Maupin on the court's radar. "I'm disappointed this has happened. I am going to investigate," Oldner said. The judge said cases like this are rare and if people are arrested, they're usually held for only a matter of days. Late Friday, Maupin still had two outstanding warrants in Arlington for a speeding ticket and driving with no insurance. But Arlington police spokesman Blake Miller said that a municipal judge had signed off on allowing Maupin to be released for time served. Arlington police sent an e-mail to Collin County to let authorities there know. At an average cost of $69.70 per day for a Collin County inmate, the mistakes involving Maupin's case cost the county roughly $5,785. But the Garland native said it has cost him far more. "After a while, I realized that this is about more than just me. If it can happen to me, it might happen to anyone," he said. Staff researcher Molly Motley Blythe contributed to this report. ------------------------------------------------------------------------ "Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." - John F. Kennedy "Extremism in defense of liberty is no vice, moderation in the pursuit of justice is no virtue." - Barry Goldwater ------------------------------------------------------------------------ NOTICE - This communication may contain confidential and privileged information that is for the sole use of the intended recipient. Any viewing, copying or distribution of, or reliance on this message by unintended recipients is strictly prohibited. If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer.