Man in jail over 6 months without formal charges

Man in jail over 6 months without formal charges

By Gloria Bigger-Cantu - A man who has been in the Kleberg County jail for six months without formal charges or an indictment returned back to Kleberg County Jail Monday after his bond reduction hearing. Meanwhile a county official wants everyone involved in this situation to be held accountable for keeping a man in jail for six months without being considered for an indictment.
Precinct 4 County Commissioner Romeo L. Lomas voiced concern the man is being housed and fed at the taxpayers’ expense.
He said someone dropped the ball because of missing paperwork, and the situation itself may be a violating the law.
The case involves Israel Morales, 35, who appeared before County Court at Law Judge Martin Chiuminatto Monday afternoon for a writ of habeas corpus hearing with his court appointed attorney Carlos Morin at his side.
Morales was arrested by the Kingsville Specialized Crimes & Narcotics Task Force with three other people in the parking lot of a convenience store on King St. near Highway 77 in the early morning of Oct. 3, 2006.
Morales was taken to the Kleberg County Law Enforcement Center just a block away.
Morales was magistrated by Precinct 1 interim Justice of the Peace Ron Lewis.
Law enforcement officials said Morales was being held on what is called an affidavit of complaint alleging possession of marijuana and engaging in organized criminal activity.
Lewis set a bond of $25,000 for the and a $40,000 bond for engaging in criminal activity. The three other people posted the bond and were released.
Jaime R. Garza, commander of the TASK force, said Tuesday the paperwork had been completed on Morales but the file had been misplaced and was lost. Garza said he had not filed the case with the District Attorney Ida Trevino.
“We have taken measures that this type of situation would not occur again,” Garza said.
At the hearing, Morin reported his client had been in jail over 90 days and was entitled to an affordable bond and he did not know what happened to the file. District Attorney Aida Trevino said the state would accept the bond reduction.
“This man has been in jail since Oct. 3, 2006?” Chiuminatto questioned the district attorney. Trevino replied she had not pulled the history of the defendant.
Morin then asked the judge for a personal recognizance bond. Morin explained Morales worked as an auto mechanic in Houston where he lived. Morales told the court he worked to support his family and mother.
“I have my obligation to work and I am a victim of this case and want to resolve this issue and have been asking questions why this has taken so long,” Morales said.
“Where do you live and if you were bonded out today would you get a job?” Trevino asked Morales. Morales replied that he lived in Houston and would return back there and work at his brother’s shop.
Trevino asked the inmate about his immigration status and he replied he had been a legal residence since 1988.
Chiuminatto agreed to lower the POM bond from $40,000 to $5,000 and engaging in organized criminal activity from $40,000 to $5,000. Morales was returned back to jail because he could not post bond and an INS issue that was not clarified in court.
Morin said he had been court appointed attorney on Dec. 21 and pointed to that date on a letter. He filed for application for a writ of habeas corpus on Jan. 12. Chiuminatto said that when Morales was arrested on Oct. 3 he stated “he would be his own lawyer.” Later that month on Oct. 25 Morales requested legal representation. Chiuminatto appointed an attorney for Morales on Oct. 31. He explained that court appointed attorneys are contacted in three ways: in his office, faxed papers or through letters. There is a pool of l7 attorneys who can accept court appointments. Many of them live in other counties. District Court 105 Judge Manuel Banales chooses the attorneys.
Lomas emphasized people like Morales and everyone else have rights because we live in this great country of America. Lomas questioned the time span when Morales was appointed an attorney.
The county commissioner brought documentation from Senate Bill 7 under the Texas Fair Defense Act that states the law “requires a court or the court’s designee authorized under Article 26.04 to appoint counsel for indigent defendants in the county…to appoint counsel immediately following the expiration of three working days after the date on the court or the courts’ designee receives the defendants request for appointment of counsel.”
Lomas became involved in this case because a mother of an inmate contacted him last week to inform him that a man was sitting in jail that had not been charged with any crime.
“Are we going to hold this man forever? Lomas stated. He said this was not the first time an incident like this had occurred and this type of situation needs to stop. He said other people should have taken notice of the man’s time in jail because they receive daily jail logs. Jail logs are sent to the offices of the District Attorney, County Attorney, County Clerk, and District Court 105 every day. He said pre-trial officers also visit with prisoners and could have related information to the courts.
“Once they land in jail a legal procedure needs to be followed if not we are violating the prisoners’ rights and then we could end up with a lawsuit,” Lomas said.
“If everybody in the legal system had been working together we would not have this problem,” Lomas said, “why are we having a prisoner here, feeding him and housing him without any charges filed. Kleberg County pays $57,000 to other counties to house prisoners, according to him.
“We are not following the correct procedure on this case and we need to do what is right because every prisoner is innocent until proven guilty.” Lomas said.
He added there was no excuse for this situation.