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

UPDATE: Suspect arrested in D.C. shooting

Police in Washington, D.C., have charged Darryl Willard with “assault with intent to kill while armed,” in connection with the shooting early Monday of a transgender woman in southeast D.C.

Washington, D.C. police are investigating the death of this unidentified person who was found wearing facial make-up and carrying a pair of light-colored heels

According to the Washington Post, after being shot at about 1:50 a.m. in the 2300 block of Savannah Street SE, the victim walked to the Seventh District Police Headquarters to report the crime. The Post reports that the victim knew her attacker and gave his name to police. Willard later turned himself in to authorities.

The victim, who is not named in the newspaper’s article, was taken to the hospital and is expected to recover from her injuries.

In the meantime, police continue to investigate the circumstances surrounding the death of a man whose body was found early Saturday, according to reports by the Associated Press. Police said that when the man’s body was found, he had makeup on his face and had with him a pair of light-colored high-heel shoes. The man appears to be Hispanic or Middle Eastern and between the ages of 25 and 30.

Police said they have no information on whether the dead man was gay or transgender, and that his body showed no signs of trauma.

The Monday shooting was the fourth time in less than two months that a transgender woman has been shot or shot at in the D.C. area. On July 20, Lashai Mclean died after being shot by a man who approached her as she walked with a friend in the city’s Northeast section. The man asked Mclean a question and then pulled a gun and shot her before she could answer, according to the friend, who was uninjured.

Eleven days later and just blocks away from the site of Mclean’s murder, a suspect approached another trans woman, asked for change and then pulled a gun and shot at her before she could answer. The shot missed and the woman was uninjured.

And in August, a D.C. police officer on medical leave was arrested and charged with assault with a deadly weapon after he stood on the hood of a car and fired into the car containing two men and two trans women. One of the men was injured slightly in the attack.

—  admin

(Midnite can now go) Walking after midnight

Midnite

We’ve published stories in Dallas Voice and here on Instant Tea about Ranch Hand Rescue, the gay-owned and -operated animal rescue operation out in Argyle, Texas. Bob Williams and his partner, Marty Polasko, take in animals of all kinds that have been abused and neglected, rehabilitating them and giving them someplace to live out their lives in comfort.

One of the rescue animals was a miniature named Midnite who has been having to navigate on three legs after losing part of his left rear leg to injury. On Sunday, Williams reports, Midnite received a prosthetic leg that allows him to actually run around the ranch.

Midnite came to Ranch Hand Rescue after being seized from his previous owner due to neglect. Williams said Midnite was underweight, malnourished and extremely depressed when he first arrived, in addition to missing a hoof and coffin bone, a condition that would have, under different circumstances, forced officials to euthanize the little horse. Instead, Midnite was moved to Ranch Hand Rescue where his lengthy, and costly, rehabilitation began. After the jump, Williams offers a description of that process:

—  admin

Craigslist police blotter: Bryan pastor in gay sex scandal; Azle man faces charges over fake ad

While we’re on the subject of hookup site-related crime stories in Texas, we’ve got two more to tell you about.

One involves a 51-year-old closeted church pastor from Bryan who’s accused of meeting other men online and forcing them to have sex with him.

According to KBXT.com, Pastor George Randall Scott resigned from the Bethel Temple Church, where he had served since 1990, following his arrest last Tuesday.

In one case, Scott met his alleged victim on Craiglist and posed as a 17-year-old as they exchanged 12 e-mails over two days. Many of Scott’s e-mails came from a church computer:

Eventually the victim agreed to let Randy Scott come to his house but, “When the person showed up, it was an older man. The man told him that he was the stepfather of the person the victim had been emailing. The subject said that he is protective of his stepson and has set up his stepson’s email to forward him all of the emails that they have been exchanging. The victim said that the man told him that he is going to call the Police unless the victim pleasured him sexually,” court documents stated.

KBXT reports that Scott’s former congregation is “shocked but supportive.” From Stuart Quartemont, chairman of the Bethel Temple Church’s administrative board:

“On behalf of Bethel Temple we express our love, prayers and support for the Scott family. … One of the things the Lord has been sharing with us the last couple of day is we shouldn’t keep our eyes on circumstances but keep our eyes on Him and as we continue to focus on Him, He’ll take care off all the circumstances we go through.”

Our other Craiglist case was written up in The Dallas Morning News a few days back. It involves an Azle man who faces online harassment charges after posting a fake personal ad in the “men seeking men” section of the site.

The suspect, Clark Friesen, reportedly got in a heated e-mail dispute with the victim, Michael Martin, over a boat Martin had posted for sale. So Friesen posted the fake personal ad using Scott’s e-mail address, and as The DMN cleverly puts it, Martin “soon was hearing from dozens of men who were after more than his 20-foot Bayliner.”

“As soon as I’d hang up, it would ring again,” said Martin, who is married with a teenage stepdaughter. “I know if I ever go that direction, I won’t be lonely.”

He’s right, he won’t be lonely. He might just meet a pastor from Bryan.

—  John Wright

Partner denied sick leave by AT&T

Bryan Dickenson, left, and Bill Sugg hold hands in Sugg’s room at a rehabilitation facility in Richardson on Wednesday, Jan. 27. (Source:John Wright/Dallas Voice)

Despite 100% rating from HRC, company won’t allow gay man time off to care for ailing spouse

JOHN WRIGHT  |  News Editor
wright@dallasvoice.com

Bryan Dickenson and Bill Sugg have been together for 30 years.

For the last 12 of those years, Dickenson has worked as a communications technician for Dallas-based AT&T.

After Sugg suffered a debilitating stroke in September, Dickinson requested time off under the federal Family Medical Leave Act to care for his partner.

But AT&T is refusing to grant Dickenson the 12 weeks of leave that would be afforded to a heterosexual spouse under the act.

As a result, Dickenson is using vacation time so he can spend one afternoon a week at Sugg’s bedside at a rehabilitation facility in Richardson. But Dickenson fears that when his vacation runs out, he’ll end up being fired for requesting additional time off to care for Sugg. Dickenson’s attorney, Rob Wiley of Dallas, said he initially thought AT&T’s refusal to grant his client leave under FMLA was just a mistake on the part of the company. Wiley said he expected AT&T to quickly rectify the situation after he sent the company a friendly letter.

After all, AT&T maintains the highest score of 100 percent on the Human Rights Campaign’s Corporate Equality Index, which ranks companies according to their treatment of LGBT employees. And just this week, HRC listed AT&T as one of its “Best Places to Work.”

But AT&T has stood its ground, confirming in a statement to Dallas Voice this week that the company isn’t granting Dickenson leave under FMLA because neither federal nor state law recognizes Sugg as his domestic partner.

“I really couldn’t be more disappointed with AT&T’s response,” Wiley said. “When you scratch the surface, they clearly don’t value diversity. I just think it’s an outright lie for AT&T to claim they’re a good place for gays and lesbians to work.”

Wiley added that he’s disappointed in HRC for giving AT&T its highest score. Eric Bloem, deputy director of HRC’s workplace project, said Thursday, Jan. 28 that he was looking into the matter. Bloem said a survey for the Corporate Equality Index asks companies whether they grant FMLA leave to same-sex couples, and AT&T replied affirmatively.

“I’m not exactly sure what’s going on, so I don’t really want to make an official comment on it,” Bloem said.

Walt Sharp, a spokesman for AT&T, said the company has “a long history of inclusiveness in the workplace.”

“There are circumstances under which our administration of our benefits plans must conform with state law, and this is one of those circumstances,” Sharp said in a written statement. “In this case, neither federal nor state law recognizes Mr. Dickenson’s domestic partner with legal status as a qualifying family member for a federal benefit program. There is no basis for this lawsuit or the allegations contained in it and we will seek its dismissal.”

Sharp didn’t respond to a request for further comment.

Wiley said Sharp’s statement doesn’t make sense. No law prohibits the company from granting Dickenson an unpaid leave of absence, which is what he’s requesting. Wiley also noted that no lawsuit has been filed, because there isn’t grounds for one.

The federal FMLA applies only to heterosexual married couples, Wiley said. Some states have enacted their own versions of the FMLA, requiring companies to grant leave to gay and lesbian couples, but Texas isn’t one of them.

Wiley said the couple’s only hope is to somehow convince the company to do the right thing, which is why he contacted the media.

“At some point in time this just becomes really hateful that they wouldn’t have any compassion,” Wiley said of the company. “I think the recourse is to tell their story and let people know how AT&T really treats their employees.”

Through thick and thin

This isn’t the first time Dickenson and Sugg have endured a medical crisis.

Sugg, who’s 69 and suffers from congenital heart problems, nearly died from cardiac arrest shortly after the couple met in 1980.

At the time, Dickenson was a full-time student and didn’t have car. So he rode his bicycle from Garland to Parkland Hospital in Dallas every day to visit Sugg in the intensive care unit.

In an interview this week at the rehab facility, Sugg’s eyes welled up with tears as he recalled what a Parkland nurse said at the time – “If that isn’t love, then I don’t know what the hell love is.”

“And sure enough, it was,” Sugg said over the whirr of his oxygen machine, turning to Dickenson. “As long as I have you, I can get through anything.”

Dickenson said in addition to visiting Sugg each Wednesday afternoon, he wakes up at 7:30 on Saturday and Sunday mornings so he can spend the day with Sugg at the rehab facility.

This past Christmas, Dickenson spent the night on the floor of Sugg’s room.
“That would have been our first Christmas separated, and I just couldn’t bear that, him being alone on Christmas,” Dickenson said.

The worst part of the whole ordeal was when he had to return to work after taking 13 days off following Sugg’s stroke, Dickenson said. Sugg didn’t understand and thought his partner had abandoned him for good.

“He called me over and over every night, begging me to please come see him,” Dickenson said. “And I said, ’Honey, you don’t understand, I had to go back to work to save my job.’

“That’s what really hurts about what they’ve put me through, not my pain and anguish, but his,” Dickenson said.

Dickenson said it was 3 a.m. on Sept. 22 when he rushed Sugg to the hospital. Doctors initially said it was “the worst sinus infection they’d ever seen,” but within 48 hours Sugg had suffered a stroke affecting his cerebellum.

Sugg lost the ability to swallow and his sense of balance. He’s still unable to walk and suffers from double vision.

Because he wasn’t out as gay at work, Dickenson initially told supervisors that his father was sick.

When he returned to work after 13 days at the hospital, Dickenson explained that his domestic partner was ill and he needed more time off. His supervisor managed to get him an additional 30 days of unpaid leave.

In the meantime, Dickenson phoned the company’s human resources department and asked whether he’d be eligible for leave under FMLA, which allows 12 weeks (or about 90 days) per year. Dickenson said he was told that since he lives in Texas, he wouldn’t be eligible.

Dickenson filled out the FMLA forms anyway and sent them to the company, but he never got any response.

When Dickenson returned to work, he asked to be reclassified as part-time employee, so he could spend more time with Sugg. His supervisor refused and told him his best bet was FMLA leave, even though he’d already been denied.

That’s when Dickenson contacted Wiley.

Sugg is scheduled return to the couple’s Garland home from rehab in about a week, but he’s still on a feeding tube and will require nursing care. With any luck, he’ll someday be able to walk again.

Sugg bragged that he was able to drink his first cup of coffee last week, and he’s looking forward to getting back to his hobby of raising African violets.

Dickenson said he knows of at least seven medical appointments he’ll have to arrange for Sugg once he returns home. He said his vacation time likely will run out by April, and he fears that if he loses his job, the medical expenses will eventually cause him to go broke.

But Dickenson, who’s 51, said he’s committed to taking care of Sugg, even if it means living on the street someday.

“When it runs out, I’ll be fired, and it really hurts to be in a situation like that, because I’ve worked very hard for AT&T,” Dickenson said. “We suffer now, but maybe other people in our shoes in the future, if they work for AT&T, they won’t suffer like we do.”

—  John Wright