Ellis County Observer publisher Joey Dauben finally gets a court-appointed attorney

Joey Dauben

Joey Dauben, the publisher of the now-defunct Ellis County Observer, finally got to see a court-appointed lawyer this week to help him fight the three felony counts of child sexual abuse that have kept him in the Navarro County Jail without legal advice for almost two months now.

Edward Jendrzey, whose office is in Waxahachie in Ellis County, received the court-ordered appointment Thursday, Feb. 16. Jendrzey accepted the case after Steve Keathley, a Corsicana attorney whose wife is the president of the Navarro County Bar Association, declined an appointment by District Court Judge James Lagomarsino to represent the journalist.

In a telephone interview today, Jendrzey said, “Yes, he knows I’m representing him,” when asked whether he had met with his new client, who reached out for help from the media this week in a handwritten letter from jail. When a defendant declares himself to be indigent and asks for a court-appointed attorney, that is supposed to occur within 72 hours. In the letter, Dauben also again claimed he is innocent of the charges.

Jendrzey said his first step in Dauben’s representation will be to conduct an independent investigation of the case to learn the circumstances and to attempt to get Dauben’s $200,000 bond set by Lagomarsino lowered. “I’ll be meeting with the prosecutor about that,” Jendrzey said. Dauben’s family and friends have been unable to raise the 10 percent (or $20,000) payment bond agencies typically charge to get a defendant released from jail.

—  admin

“Head Figure Head” more about journalism than about Gov. Rick Perry’s sex life

Head Figure Head, the new e-book from Glen Maxey, details the author’s arduous and frustrating six-month effort to investigate rumors of Gov. Rick Perry’s gay sex life. Maxey served as executive director of the Lesbian/Gay Rights Lobby of Texas (now Equality Texas) during Perry’s tenure as a state representative, later serving for 12 years as a state representative, spanning Perry’s time as agricultural commissioner, lieutenant governor and governor. Of all the people who’ve attempted to look into the rumors of Perry’s trysts with men, Maxey is perhaps best positioned to get to the truth, and takes great pains to ensure we are aware of that fact.

The book is the narrative of Maxey’s research, assisted by a journalist from a national media outlet. Like almost every character in the book other than Maxey and Perry himself, “the Journalist” is referred to only as a pseudonym. Maxey and the Journalist begin their search for proof in June 2011 as rumors of Perry’s impending presidential bid are widely circulating. Immediately the pair find that almost every gay man in Austin has a friend who has a friend who claims to have slept with Perry. For the next three months they track those leads and come excruciatingly close to breaking the story.

—  admin

Putting our children at risk

David Webb
The Rare Reporter

Child sexual abuse a concern for everyone, especially LGBT parents

Most people would probably agree there is no resource that a society cherishes more than its children. So it is hard to fathom how sexual predators manage with such apparent ease to carry out horrendous, undetected assaults on children practically under the noses of their families and others who are charged with their protection.

As horrific as the crime of child sexual abuse is, there are no firm estimates of its prevalence because it often goes undetected and is seriously underreported, according to agencies that study child abuse.

Less than 100,000 crimes of sexual abuse are reported each year because children fear telling anyone, and adults who become aware of the activity are often reluctant to contact law enforcement agencies, even though there is usually a legal requirement to do so.

With so many LGBT households now raising children, it is obviously vital that all parents be aware of the tactics used by sexual predators to seduce children without arousing the suspicion of their families, and aware of the symptoms victims of child sexual abuse exhibit.

The critical need for sustained intervention into child sexual abuse recently gained national attention following a grand jury’s indictment of retired Penn State assistant football coach Jerry Sandusky on 40 counts of child sex abuse involving eight victims over a 15-year period. The victims reportedly came into contact with the now 67-year-old, married Sandusky in connection with the Second Mile, a children’s charity the former football coach founded.

Although Sandusky denied, this week in an NBC interview, engaging in any type of sexual activity with the pre-pubescent boys, he acknowledged showering and “horsing around” with them after exercise. He also admitted hugging young boys and putting his hand on their legs when they sat next to him.

His admissions shocked viewers and confirmed in many minds what was already suspected — Sandusky is most likely a pedophile that has taken advantage of young boys with the unwitting complicity of their families.

It is a devastating scandal that will likely rival the one that rocked the Catholic Church a decade ago when it became known that untold numbers of Catholic Church priests sexually abused young boys and violated the trust of their families.

If the charges against Sandusky are true, the accounts by the victims portray a classic pattern of enticement and betrayal practiced by the former football coach in his pursuit of the young boys. Likewise, the lack of action by those who knew about Sandusky’s alleged criminal activity parallel what often happens when the abuser commands power and respect in a community.

Much of the difficulty in combating child sexual abuse can be attributed to its relative youth in terms of public awareness about the crime. The first studies on the molestation of children began in the 1920s, and the first estimate of the prevalence of the crime was reported in 1948.

In 1974 the National Center for Child Abuse and Neglect was founded, and the Child Abuse and Treatment Act was created. Since then, awareness about the problem has grown dramatically, and much more is known about deterring the crime and assisting victims of it.

Children’s advocates have identified “red flags” to help parents and others protect children from sexual predators. They warn parents to be wary of someone who wants to spend more time with their children than they do, who attempts to be alone with a child, who frequently seeks physical closeness to a child such as hugging or touching, who is overly interested in the sexuality of a child, who seems to prefer the company of children to people their own age, who lacks boundaries, who regularly offers to babysit,who often gives presents or  money to children, who frequently walks in on children in bathrooms or locker rooms, who frequents parks where children gather, who makes inappropriate comments about a child’s appearance or who likes to photograph children.

Signs of possible sexual abuse in children include a fear of people, places or activities, reluctance to undress, disturbed sleep, mood swings, excessive crying, fear of being touched, loss of appetite, a drastic change in school performance, bizarre themes in drawing, sexually acting out on other children, advanced sexual knowledge, use of new words for private body parts and a reversion to old behavior such as bedwetting or thumb sucking.

Aside from the moral responsibility to protect children and other weaker members of society that all people share, it is essential to intervene in child sexual abuse because of the long-lasting psychological damage it usually causes. The problems can include feelings of worthlessness, depression, anxiety, suicidal thoughts and distorted views of sexuality.

Also, victims of child sexual abuse tend to become sexual predators as adults, making it a crime that begets more crime.

The Sandusky scandal will undoubtedly lead to devastating repercussions for Penn State, for the Second Mile charity with which the former football coach is no longer affiliated and for law enforcement and university officials who became aware of concerns about the former football coach’s activities and failed to act on them.

But the real tragedy — if the allegations are true — will be the lasting impact upon the victims.

David Webb is a veteran journalist who has covered LGBT issues for the mainstream and alternative media for three decades. E-mail him at davidwaynewebb@yahoo.com.        

This article appeared in the Dallas Voice print edition November 18, 2011.

—  Michael Stephens

Banks Appointed to Citizen Police Oversight Board

Kris Banks

Kris Banks

On Wednesday the Houston City Council confirmed Mayor Annise Parker’s appointment of Former Houston GLBT Political Caucus President Kris Banks to the Independent Police Oversight Board.  The Oversight Board provides a way for Houstonians to have input into allegations against police officers involving use of excessive force, discharge of firearms, serious bodily injury or death or mistreatment of citizens.  The Board also makes recommendations on recruitment, training and evaluation of police officers; and considers community concerns regarding the Department.  Houstini talked with Banks about his new role:

[Houstini] Why have you agreed to serve on the Oversight Board?

[Banks] I believe the Oversight Board performs an important and vital function that benefits all involved. Police officers are granted extraordinary powers over their fellow Houstonians. They can, under legally sufficient circumstances, detain people against their will, walk into other people’s homes without their permission, and even use physical force to make people comply. We grant police officers these powers because they are necessary for the officers to do their jobs. However, with these great powers come great responsibility, and the Oversight Board exists as a check on those powers, thereby protecting the public against the very rare officer who uses her or his powers irresponsibility or excessively. It also benefits the police department. With the assurance that the Board is providing oversight, members of the public can be more confident of the police department, and form a better working relationship with officers.

[Houstini] What do LGBT Houstonians who have concerns about police behavior need to know about the mission of the Oversight Board?

[Banks] Historically, the LGBT community has had concerns about very broad and obvious police harassment, like bar raids. Incidents like these still occur (see Rainbow Lounge in Fort Worth), but they tend to not be the focus of issues that exists between the LGBT community and the police department. Concerns between the community and the police department now tend to be over specific incidents that sometimes come to light and sometimes do not. That being said, the IPOB will review internal police investigations for complaints of excessive force, any discharge of a firearm, any time there is a death or serious injury, or any matter the police chief refers to us. We make recommendations, and the chief has ultimate discretion. What I want to highlight here is that a complaint has to be made for the IPOB to have any role. Complaints have to be sworn, either by the complainant, or, if the complaint is anonymous, by the person taking the complaint.

LGBT Houstonians should also know that I take my role as a community representative very seriously. I will not only take my perspective as an LGBT Houstonian to the police department, I will also take the knowledge I gain back of police procedure back to the community. For instance, I mentioned anonymous complaints above. In the training I have received so far, I learned that organizations can be deputized to take anonymous complaints (LULAC and the NAACP are both deputized). Anonymous complaints are, unfortunately, a big concern for our community. Whether because our congress has failed to pass job protections, family concerns, or any other personal reason, there are still many, many people in the closet. But being in the closet does not mean that a person is not protected. I will learn more about the deputizing community groups and take that back to organizations in our community like the Caucus, Community Center and Transgender Foundation so they can begin that process (as a caveat, I do not have a full list of deputized organizations and any of these organizations may already be deputized).

—  admin

Investigation clears gay Fort Worth teacher

Kristopher Franks set to return to work Friday after 4-day leave stemming from allegations of improper behavior

FWISD School board member Carlos Vasquez

Tammye Nash  |  Senior Editor
nash@dallasvoice.com

FORT WORTH — Gay Western Hills High School teacher Kristopher Franks, put on paid administrative leave on Monday, Sept. 26, following allegations of improper behavior, has been cleared of all allegations and was set to return to work today (Friday, Sept. 30).

Franks is the teacher who  became the target of ire from the religious right after he sent a student in his German 1 class to the principal’s office for saying in class that as a Christian he believed “homosexuality is wrong.” The school’s assistance principal then suspended the student, setting off a controversy that made headlines around the country.

That student, freshman Dakota Ary, and his mother enlisted the assistance of Liberty Counsel attorney Matt Krause in fighting the suspension on the grounds that Franks and the school had violated Ary’s right to freedom of speech.

District officials quickly reversed their decision, lifting the suspension.

But Steven Poole, deputy executive director for the United Educators Association of Texas, a teachers union, said Tuesday, Sept. 27, that the allegations leading to Franks being put on leave were unrelated to the incident with Ary.

Franks, who had not spoken to the press previously on the advice of his union representative, said Thursday afternoon that he had just met with Fort Worth Independent School District administrators, who told him the nearly weeklong investigation had determined that the allegations against him were unfounded. He did not elaborate on the substance of those allegations.

Franks also said administrators had given him the option of returning to teach at Western Hills High or transferring to another school in the district.

“I haven’t made up my mind yet what I’m going to do,” Franks told Dallas Voice by phone Thursday afternoon. “I’m going to go back to work tomorrow, and I will talk to my boss [the district’s world languages supervisor], and see what she says and decide what’s the best thing to ­do from there.”

FWISD Board of Trustees member Dr. Carlos Vasquez told Dallas Voice in a phone call Wednesday afternoon, Sept. 28, that any time allegations are made against a teacher, those allegations have to be investigated, and it is routine for the teacher in question to be placed on paid administrative leave.

Franks said Thursday that he was pleased with the outcome of the investigation, carried out by an independent investigator, and that interim FWISD Supt. Walter Dansby was “very nice” when they spoke.

“I think they did the right thing,” Franks said. “I can go back to work, which is great. But now I just have to figure out how to fix the damage this whole thing has done to my personal life.”

Franks said since the investigation is closed, he is no longer being represented by a union attorney. He has, instead, retained the services of attorney Stephen Gordon to “represent me on any aspects of this whole thing going forward.”

He also indicated that he and Gordon would be discussing what possible actions he might take against “those people who have lied and made false allegations against me.”

While Franks had previously declined to speak to the media, Daokta Ary, his mother and Krause as their attorney went immediately to the press, telling their side of the story in several TV interviews and saying Franks and the school had violated the student’s right to freedom of speech. The case quickly became a rallying point for the religious right.

Krause this week told Dallas Voice that he and his clients are satisfied with school officials’ decision to rescind the unexcused absences the suspension left on Ary’s record, but “we would still like for them [school officials] to completely vindicate him and say that he did nothing wrong. He should never have been written up for an infraction. He should never have been sent to the office, and he should never have been suspended.”

Ary said in  media interviews that he made the comment quietly to a classmate sitting next to him in response to a discussion going on in the class at the time.

Dakota Ary

But Franks told friends shortly after the incident that there was no discussion involving homosexuality at the time, and that Ary made the comment loudly while looking directly at Franks.

Franks also told friends that the comment was only the latest in an ongoing series of incidents in which Ary and a group of three of his friends have made anti-gay comments to and about him.

Franks told friends that the harassment by Ary and his friends began several weeks ago after Franks, who also teaches sociology, posted on the “World Wall” in his classroom a photo, taken from the German news magazine Stern, of two men kissing. The photo was ripped off the wall and torn in two at some point during Ary’s class, and Franks told friends he believes that Ary or one of his friends tore up the photo.

During a later sociology class students upset that the photo had been torn up replaced it with a hand-drawn picture, and another student then covered that picture with a page bearing a hand-written biblical scripture from Leviticus calling sex between two men an abomination.

Franks told friends that since that incident, Ary and his friends had continued to make derogatory and harassing comments.

Franks’ friends also said that the teacher, a Fulbright scholar, has been the target of anti-gay harassment for at least the last two years, including having hateful messages left in his classroom and, in one case, having his car vandalized.

FWISD teacher Martin Vann, spokesman for the group LGBTQ S.A.V.E.S. that was formed about a year ago to help protect students and teachers in the district from anti-gay discrimination and bullying, said that Franks told his version of the incident last week, before the current investigation was launched and Franks was required to sign a statement saying he would not discuss the incident with other teachers, administrators, parents or students. Vann said Franks denied getting angry and yelling at Ary, as Ary had said, and reiterated that Ary’s comments were not pertinent to any discussion in the class at the time.

Vann said Franks told him that another student had asked him what the German word for “Christian” was, and how, if he moved to Germany, he could find an English translation of the Bible. That’s when, Franks told Vann, Ary looked directly at him and said loudly that as a Christian, he believes homosexuality is wrong.

It was not, Franks told Vann, a simple statement of belief or opinion but rather an intentional effort to insult and harass the teacher that Ary perceived to be gay.

Krause this week again said that Ary did not direct his remark in class that day at Franks, and that Ary had nothing to do with tearing down the photo of the men kissing.

The attorney also said that Ary told him he did not know to whom Franks was referring when he talked about Ary’s “three friends.”

The Franks case comes in the wake of months of scandal over allegations by teachers that administrators routinely allowed some teachers and administrators to harass and bully students and other teachers, and that teachers who complained often faced retaliation.

Vasquez, who is openly gay, said Wednesday that he believed the Franks investigation would be fair, that he would watch the situation closely “to make sure all the proper procedures are followed,” and that he believed Dansby would handle the situation fairly.

“Considering all the problems we’ve had, I know he [Dansby] will be watching this closely,” Vasquez said.

Vasquez said it is the school district’s responsibility to make sure there is “no harassment in our schools, whether it’s from the teacher to the student, or student to student or even student to teacher. I know that happens, sometimes, too.

“There should be no harassment whatsoever in our schools,” Vasquez , himself a former teacher, said.

Fort Worth ISD has been credited with having one of the most comprehensive anti-bullying and anti-harassment policies in the state, having adopted individual policies within the last year to include prohibitions against harassment and bullying, including that based on sexual orientation, gender identity and gender expression, for both teachers and students.

This article appeared in the Dallas Voice print edition September 30, 2011.

—  Michael Stephens

Complaint: LGBT immigrants abused, neglected at detention centers run by Homeland Security

The National Immigration Justice Center has filed civil rights complaints on behalf of 13 LGBT immigrants who were allegedly abused and neglected at detention centers run by the U.S. Department of Homeland Security in nine states, including one in Houston. The Heartland Alliance’s NIJC filed the complaints today in a letter addressed to Homeland Security’s Office for Civil Rights and Civil Liberties, calling on the department to investigate and implement new policies.

The group has also launched a petition calling on the DHS and President Barack Obama to end the abuse of LGBT immigrants in detention.

The 13 complaints include allegations of sexual assault, denial of adequate medical care, long-term solitary confinement, discrimination and abuse, and ineffective complaints and appeals process. Below are a few examples from the letter, which you can download in its entirety here:

• [Juan] was sexually assaulted by two other detainees. Despite repeated requests for a transfer to another facility because he feared for his safety [Juan] was not transferred until three months after the incident, when ICE Headquarters intervened. In the meantime, the only “protection” that the Otero County Detention Center offered was placement in the “hole.” (Otero County Detention Center, New Mexico)

• [Delfino] was held in segregation for four months, justifying their decision on the basis that [Delfino] presented “effeminately.” Facility staff refused to provide [Delfino] a Bible and permitted him only one hour of recreation – in a cold nine- by-thirteen-foot cell – per day. (Houston Processing Center, Texas)

• [Monica] continues to be denied hormone therapy, despite her use of hormones for ten years prior to immigration detention, and her physical and psychological reliance on them. [Monica], now detained for over five months, told NIJC staff, “I can’t even look at myself in the mirror anymore,” due to returning facial and body hair and other distressing changes. [Monica], an asylum seeker who has suffered grave past abuse in Mexico, also received no treatment for her trauma- related depression. She attempted suicide in February 2011 – the facility put her in solitary confinement as punishment. (Santa Ana City Jail, California)

• [Alexis] was repeatedly called a “faggot” by guards, who also made jokes about her dying of AIDS. They singled her out for public searches in which they forced her to remove her outer clothing and mocked her exposed breasts. (Theo Lacy Facility, California)

—  John Wright

President of Oklahoma LGBT center arrested on charges he had sex with a minor

As we mentioned earlier, Nathan Bowen, president of the LGBT center in Enid, Okla., has been arrested on charges of “lewd molestation of minor” following allegations that he exchanged sexually explicit texts and later engaged in oral sex with a 15-year-old he met at the center, according to reports by News 9 in Oklahoma City.

Nathan Bowen

But Brittany Novotny, Bowen’s attorney, said in a written statement that the 15-year-old attempted to instigate a sexual encounter with Bowen and when Bowen refused, the teen lied about the incident to his mother and police to get back at Bowen for turning him down.

According to police reports, the teenager said he and Bowen began sending each other sexually explicit text messages on Friday, Feb. 18, after meeting at the LGBT center. Bowen then picked the teen up at a park on Sunday, Feb. 20, and took him to a home in the area where Bowen performed oral sex on the boy after asking him to take off his clothes. When Bowen asked the teen to perform oral sex on him and return with him to Bowen’s home, the boy refused, reports said.

The teen told police that he then told Bowen he needed to go home and Bowen returned the boy to the park where his mother picked him up. The mother called police after finding the sexually explicit texts on her son’s phone.

But Novotny’s statement offered a very different version of events, saying Bowen and the teenager had met at a Valentine’s Day event at the center on Saturday, Feb. 19, and that the teen had volunteered to help with chores at the center on Sunday. While the two were engaged in the chores, according to Novotny, the teenager — who is physically larger than Bowen — began kissing Bowen and asking him to have sex. When Bowen refused, the boy became angry, telling Bowen, “I always get what I want.”

—  admin

Ex-principal of TX youth prison denies he gave inmates blow jobs, promised them birthday cake

John Paul Hernandez

The former principal of a West Texas juvenile prison testified Thursday that five male inmates who accuse him of sexual abuse made up the allegations in a possible attempt to get released from the facility.

John Paul Hernandez, 45, is on trial for 11 counts of abusing the inmates, including sexual assault. Hernandez’s former assistant at the West Texas State School in Pyote, Ray Brookins, was sentenced to 10 years in prison on similar charges last year. The abuse scandal led to an overhaul of the Texas Youth Commission.

Hernandez and Brookins allegedly gave the young male inmates candy and promised them birthday cake in exchange for abusing them. In some cases, the inmates were threatened with retaliation if they didn’t go along. Hernandez and Brookins would summon the inmates from their dorms late at night and take them to ball fields and darkened classrooms to carry out the abuse, according to a 2005 report by the Texas Rangers.

When authorities searched Brookins’ state-owned house at the school, they found a 16-year-old living there along with hundreds of pornographic videos, magazines and various sex toys.

All five of the inmates testified against Hernandez this week during his trial. Prosecutors are continuing their cross-examination of Hernandez today.

—  John Wright

Raunchy videos point to bigger problems in Navy, says ensign who alleged anti-gay harassment

Steve Crowston

We received a note Monday night from Steve Crowston, the Navy ensign from East Texas whose allegations of anti-gay harassment against his military superiors remain under investigation by the Inspector General’s Office. But Crowston wasn’t writing to give us an update on his case, which we wrote about back in September. Instead, he wanted to point out some apparent links between his allegations and the lewd video controversy involving Capt. Owen Honors, who earlier today was permanently relieved of his command. Crowston says members of his squadron — who are accused of hazing him with call signs including “Romo’s bitch,” “Gay Boy,” “Fagmeister” and “Cowgirl” — were on board the USS Enterprise when Honors showed the lewd videos. He also says his former commanding officer came up the ranks in the aviation community with Honors. “The Navy has a serious problem on its hands with the aviation community …” Crowston says. Here’s his e-mail:

My former squadron VFA-136 is assigned to the USS ENTERPRISE.  When the aircraft carrier gets ready for deployment and deploys, pilots from VFA-136 are on board the ship. The pilots from VFA-136 would have been on board during the time frame of these videos shot by Captain Honors who was then the XO of the aircraft carrier.

Captain Honors and my former CO from VFA-136 (Commander Liam Bruen) are both F-14 Tomcat pilots who came up the ranks in the aviation community together. Can you tell the CO of my squadron and the CO of the ENTERPRISE act similar as evidenced by their inappropriate behavior! The Navy has a serious problem on its hands with the aviation community, as evidenced by my case with Commander Bruen as CO and Commander Christopher now as the CO of VFA-136 and now Captain Honors, who was then the XO when these videos were shot. Unbelievable!

—  John Wright