Corpus Christi Caller Times Caller.com - Sex offender sign decision faces a fight

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Tuesday, May 22, 2001
Sex offender sign decision faces a fight
Local defense attorneys plan to challenge order
By Jeremy Schwartz
Caller-Times

   A group of Corpus Christi defense attorneys is mounting a legal challenge to Judge J. Manuel Bañales' order on Friday that forced more than a dozen registered sex offenders to put signs in their yards and on their cars warning the public of their presence.

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   Meanwhile, Bañales' action drew media inquiries from across the country, England and Canada, as it divided local opinion, even among victim advocacy groups.
   Bañales, who has been fielding interview requests from New York to Seattle, said he was surprised by the media interest. "I figured around here it might create a little news, but not of this magnitude," he said.
   Gerald Rogen, president of the Corpus Christi Criminal Defense Lawyers' Organization, said the first step would be to file a motion in Bañales' 105th District Court to reconsider the probation modifications given to 14 sex offenders.
   "If he doesn't grant us the relief we seek, we'll take it to a higher court," Rogen said, referring to the 13th Court of Appeals in Corpus Christi.
   Rogen said he has been contacted for interviews from the British Broadcasting Corporation, several Canadian news organizations and CNBC.
   Diana Philip of the American Civil Liberties Union of Texas said her organization would launch an investigation into the case if a defendant requested it.
   On Friday, Bañales brought about 40 registered sex offenders into his court to change the conditions of their probation. Those not ordered to post signs and paste bumper stickers were ordered to mail letters to neighbors in a three-block radius announcing their presence. Defendants had to pay the cost of the signs and letters.
   Bañales would not comment about reactions to his order. "I can't respond to any criticism or praise of any ruling I make," he said. He has said he made the order, which resulted from meetings with probation officials, as a way to protect the community and rehabilitate the sex offenders. The importance of the signs to the community, he has said, overrides the sign's impact on offenders' family members.
   Critics have argued the signs could cause vigilantes to attack offenders, their families and property, cause property values to plummet and set back the offenders' rehabilitation.
   Legality questioned
   As of Monday evening, probation department officials had made spot checks of nine probationers who were ordered to post the signs. An officer checked five houses Friday, but had not reported back. A check of four houses Monday revealed three probationers had put up the signs, while one had not.
   Iris D. Davila, supervisor of the probation department's specialized services, said a violation order would be filed on offenders who had not complied with the judge's order.
   Local attorneys, the ACLU and legal observers have questioned the legality of Bañales' order, which they say may be cruel and unusual punishment and violate privacy rights.
   State law allows a judge to make public the nature of a probationer's offense, but also requires probation conditions to be "reasonable."
   In 1997, the Texas Attorney General ruled that judges could order sex offenders to post such signs on their doors. The ruling, the most recent from the Attorney General on the matter, is not law, but is often respected as such by judges.
   Rogen said the opinion might be superseded by the state's sexual offender notification law, which requires offenders to register with local law enforcement agencies and have their names and photos on the Internet. The Department of Public Safety also sends postcards to neighbors of offenders considered a high risk.
   Bañales' counterparts on the bench also discussed the controversial order, saying they may have taken a more cautious approach.
   "I think Judge Bañales is probably well-intentioned, but my concern is the innocent victims that might be affected - neighbors, family members, the neighborhood itself," said 148th District Judge Rose Vela.
   Vela said she would not implement a similar order in her court until she was sure of the constitutionality of the signs.
   Differing opinions
   319th District Judge Martha Huerta said she might consider having sex offenders send the letters to neighbors at their cost, but would have to study the sign issue more.
   "I definitely believe the victims and others have a right to know, but when you start putting up signs you may start jeopardizing other people's rights," she said. "Had we (the other district judges) been consulted, perhaps there could have been some discussion, maybe we could have addressed some of the community concerns that have come up."
   Bañales' decision was applauded by the Nueces County Children's Advocacy Center, which counsels sexual abuse victims under the age of 17. Kim French, community relations coordinator, said the order might focus attention on the problem of sexual abuse.
   "I think it's important that the community realizes that we do have sexual offenders in our neighborhoods," she said. "I don't think a lot of people realize the extent."
   But Skye Anderson, non-resident service manager of the Family Violence and Sexual Assault Prevention Center of South Texas, called the sign order misdirected.
   "I think that (Bañales) is trying to take a stand and be tough on sex offenders, and that is certainly needed and long overdue," she said. "But I'm concerned about family members (of the offenders). Let's quit giving sex offenders probation and start enforcing sentences."



Contact Jeremy Schwartz at _886-3779 or schwartzj@caller.com

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