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

Early voting results in Houston Races

At 7 pm the polls closed. The Harris County Clerk’s office must now count and tabulate the votes cast today in Houston’s 769 voting precincts. While we wait for the final results, let’s take a look at the numbers from early voting:

City of Houston, MAYOR, with 46,333 ballots counted:
Kevin Simms   7.55%
Amanda Ulman  1.60%
Dave Wilson  10.40%
Fernando Herrera  14.31%
Annise D. Parker  52.76%
Jack O’Connor  13.38%

Dave Wilson’s 10.4 percent is surprising, considering he’s been poling at less than 1%.  General wisdom is that conservatives are more likely to vote early than left-leaning voters. In my opinion his strong early showing is likely to dramatically decrease as the evening progresses.

City of Houston, COUNCIL MEMBER, AT-LARGE POSITION 1,
Stephen C. Costello 51.80%
James Partsch-Galvan  7.88%
Scott Boates  21.77%
Don Cook  18.54%

City of Houston, COUNCIL MEMBER, AT-LARGE POSITION 2,
Kristi Thibaut 16.75%
Elizabeth C. Pérez 10.41%
Andrew C. Burks, Jr. 20.69%
Gordon R. Goss 1.75%
Bolivar “Bo” Fraga 9.51%
Eric B. Dick  7.44%
Jenifer Rene Pool  7.55%
M. “Griff” Griffin 7.25%
David W. Robinson  11.84%
Roslyn “Rozzy” Shorter 6.81%

With such a crowded field this race is still anybody’s game, fewer than 6,000 votes separate the early leader Burks from ninth position shorter.

City of Houston, COUNCIL MEMBER, AT-LARGE POSITION 3,
Melissa Noriega 56.67%
Chris Carmona  24.19%
J. Brad Batteau  19.15%

City of Houston, COUNCIL MEMBER, AT-LARGE POSITION 4,
Louis Molnar 10.65%
Amy Price 18.43%
C. O. “Brad” Bradford 70.92%

City of Houston, COUNCIL MEMBER, AT-LARGE POSITION 5,
Laurie Robinson 18.43%
Jolanda “Jo” Jones  42.16%
Jack Christie 31.46%
Bob Ryan 7.94%

City of Houston, COUNCIL MEMBER, DISTRICT A, with 3,125 votes counted:
Brenda Stardig  43.06%
Helena Brown 47.01%
Bob Schoellkopf 9.93%

City of Houston, COUNCIL MEMBER, DISTRICT B, with 4,710 votes counted:
Kenneth Perkins  8.87%
James Joseph 4.04%
Kathy Blueford-Daniels16.98%
Phillip “Paul” Bryant 5.66%
Alvin Byrd  28.27%
Jerry Davis 26.22%
Charles A. Ingram  6.63%
Bryan Smart 3.33%

City of Houston, COUNCIL MEMBER, DISTRICT C, with 7,492 votes counted:
Randy Locke  3.88%
Josh Verde 17 2.47%
Ellen Cohen 55.28%
Karen Derr11.17%
Brian Cweren 27.20%

City of Houston, COUNCIL MEMBER, DISTRICT D, with 6,498 votes counted:
Larry L. McKinzie  14.60%
Wanda Adams 85.40%

City of Houston, COUNCIL MEMBER, DISTRICT E, with 4,283 votes counted
Mike Sullivan 100.00%

City of Houston, DISTRICT F, with 2,789 votes counted:
Al Hoang  56.72%
Hoc Thai Nguyen (Nguyen Thai Hoc) 20.84%
Peter “Lyn” René  22.45%

City of Houston, COUNCIL MEMBER, DISTRICT G, with 5,917 votes counted:
Clyde Bryan  19.60%
Oliver Pennington 80.40%

Houston, COUNCIL MEMBER, DISTRICT H, with 2,710 votes counted
Patricia Rodriguez 27.81%
Edward “Ed” Gonzalez  72.19%

Houston, COUNCIL MEMBER, DISTRICT I, with 2,694 votes counted
Leticia Gutierrez Ablaza 31.28%
James Rodriguez  68.72%

City of Houston, COUNCIL MEMBER, DISTRICT J, with 2,013 votes counted
Mike Laster 70.67%
Rodrigo Canedo 9.78%
Criselda Romero 19.56%

Out gay candidate Laster takes a commanding lead, but this heavily Hispanic district is likely to see significant election day voting, so this early number, based on so few votes, is likely very different than the final number we’ll wind up with.

City of Houston, COUNCIL MEMBER, DISTRICT K, with 4,102 votes counted:
Pat Frazier 22.68%
Larry Green 70.24%
Alex Gonik 7.08%

Houston I.S.D., Trustee, District III, with 1,981 votes counted
Manuel Rodriguez 52.95%
Ramiro Fonseca  47.05%

This race garnered national attention after Rodriquez mailed an anti-gay flier attacking Fonseca, and the Houston Chronicle subsequently pulled its endorsement of Rodriquez.  That information did not become public until after early voting closed on Friday, so any effect it had on the race would not be reflected in these numbers. Only 102 votes separate the candidates at this time.

Houston I.S.D., Trustee, District IV, with 5,881 votes counted:
Davetta Daniels 33.81%
Paula Harris 66.19%

Houston I.S.D., Trustee, District VIII, with 3,091 votes counted:
Dorothy Olmos 40.28%
Juliet Kathy Stipeche 59.72%

Remember that these are only the votes cast during early voting, the final numbers can, and often do differ dramatically from early voting totals.

—  admin

Judge to rule this week in Nikki Araguz case

Nikki Araguz

Transgender widow vows appeal if she loses case

JUAN A. LOZANO  |  Associated Press

WHARTON, Texas — The transgender widow of a Texas firefighter will likely learn next week whether his family’s request to nullify their marriage and strip her of any death benefits will be granted, a judge said Friday.

State District Judge Randy Clapp made the announcement after hearing arguments in a lawsuit filed by the family of firefighter Thomas Araguz III, who was killed while battling a blaze last year. The suit argues that his widow shouldn’t get any benefits because she was born a man and Texas doesn’t recognize same-sex marriage.

The widow, Nikki Araguz, said she had done everything medically and legally possible to show that she is female and was legally married under Texas law. She believes that she’s entitled to widow’s benefits.

“I believe the judge is going to rule in my favor,” Araguz said after the court hearing.

The lawsuit seeks control over death benefits and assets totaling more than $600,000, which the firefighter’s family wants to go to his two sons from a previous marriage. Voiding the marriage would prevent Nikki Araguz from receiving any insurance or death benefits or property the couple had together.

Thomas Araguz died while fighting a fire at an egg farm near Wharton, about 60 miles southwest of Houston, in July 2010. He was 30.

His mother, Simona Longoria, filed a lawsuit asking that her son’s marriage be voided. She and her family have said he learned of his wife’s gender history just prior to his death, and after he found out, he moved out of their home and planned to end the marriage.

But Nikki Araguz, 35, has insisted that her husband was aware she was born a man and that he fully supported her through the surgical process to become a woman. She underwent surgery two months after they were married in 2008.

Longoria’s attorney, Chad Ellis, argued that Texas law — specifically a 1999 appeals court ruling that stated chromosomes, not genitals, determine gender — supports his client’s efforts to void the marriage.

The ruling upheld a lower court’s decision that threw out a wrongful death lawsuit filed by a San Antonio woman, Christie Lee Cavazos Littleton, after her husband’s death. The court said that although Littleton had undergone a sex-change operation, she was actually a man, based on her original birth certificate, and therefore her marriage and wrongful death claim were invalid.

Ellis presented medical and school records that he said showed Nikki Araguz was born without female reproductive organs and that she presented herself as a male while growing up and going to school. He also said her birth certificate at the time of her marriage indicated she was a man.

“By law, two males cannot be married in this state,” Ellis told the judge.

Nikki Araguz, who was born in California, did not change her birth certificate to reflect she had become a female until after her husband’s death, said Edward Burwell, one of the attorneys for Thomas Araguz’s ex-wife, Heather Delgado, the mother of his two children.

But one of Nikki Araguz’s attorneys, Darrell Steidley, said that when his client got her marriage license, she presented the necessary legal documents to show she was a female. He also noted changes made in 2009 to the Texas Family Code that allowed people to present numerous alternatives to a birth certificate as the proof of identity needed to get a marriage license. That was an example, he argued, of the state trying to move away from the 1999 appeals court ruling.

The changes in 2009 allowed transgendered people to use proof of their sex change to get a marriage license. The Texas Legislature is currently considering a bill that would prohibit county and district clerks from using a court order recognizing a sex change as documentation to get married.

After the hearing, the firefighter’s family and attorneys for his ex-wife criticized plans by Nikki Araguz to star in a reality television dating show and implied she was only interested in money and fame that the case would bring her.

“That is absurd,” Nikki Araguz said in response. “I’m after my civil equality and the rights that I deserve as the wife of a fallen firefighter.”

If the judge rules against the firefighter’s family in their motion for a summary judgment, the case would then proceed to trial. Araguz said if the judge rules against her, she would appeal, all the way to the U.S. Supreme Court if necessary.

—  John Wright

Santorum 2012. He’s seriously considering it.

Santorum for President.

That’s what he’s thinking:

In an interview with The Daily Caller, former Pennsylvania Sen. Rick Santorum said he’s actively cultivating donors, staff and supporters so he’ll be in a position to run for president in 2012 as a Republican if he decides to do so by early next year.

“I’m going through the process of what someone who is seriously considering running would do,” Santorum said by phone, “in order for when the time comes to decide, I’m in a position that I have a choice.”

Santorum—who was elected to the Senate in 1994 but left in 2006 after losing his seat—said he plans to make a decision on a presidential bid by either the end of this year, or the beginning of 2011.

Now, Ricky’s got some hurdles to overcome. Like the thrashing he took on Election Day in 2006. AMERICAblog did an hour-by-hour countdown til the polls closed at 8:00 in Pennsylvania. Check out our 8:00 PM post here.

The latest polling on same-sex marriage is going to make it harder for Santorum to base his campaign on hating the gays. Might help get him the GOP nomination (they still hate gays), but Ricky wants to be President. Gay marriage has been one of Ricky’s favorite subjects for years. Remember this infamous gem from 2003?:

Every society in the history of man has upheld the institution of marriage as a bond between a man and a woman. Why? Because society is based on one thing: that society is based on the future of the society. And that’s what? Children. Monogamous relationships. In every society, the definition of marriage has not ever to my knowledge included homosexuality. That’s not to pick on homosexuality. It’s not, you know, man on child, man on dog, or whatever the case may be. It is one thing. And when you destroy that you have a dramatic impact on the quality —

AP: I’m sorry, I didn’t think I was going to talk about “man on dog” with a United States senator, it’s sort of freaking me out.

SANTORUM: And that’s sort of where we are in today’s world, unfortunately. The idea is that the state doesn’t have rights to limit individuals’ wants and passions. I disagree with that. I think we absolutely have rights because there are consequences to letting people live out whatever wants or passions they desire. And we’re seeing it in our society.

AP: Sorry, I just never expected to talk about that when I came over here to interview you. Would a President Santorum eliminate a right to privacy — you don’t agree with it?

SANTORUM: I’ve been very clear about that. The right to privacy is a right that was created in a law that set forth a (ban on) rights to limit individual passions. And I don’t agree with that. So I would make the argument that with President, or Senator or Congressman or whoever Santorum, I would put it back to where it is, the democratic process. If New York doesn’t want sodomy laws, if the people of New York want abortion, fine. I mean, I wouldn’t agree with it, but that’s their right. But I don’t agree with the Supreme Court coming in.

Think of the fun we’ll have with this campaign.




AMERICAblog Gay

—  John Wright

PENTAGON: We Are Considering Separate Baracks For Gay Troops

Via John Aravosis at AmericaBlog:

The Pentagon confirmed on Friday that it is considering segregating gay troops, specifically with regards to creating separate showers and/or barracks for straight and gay troops. Advocate reporter Kerry Eleveld just transcribed the following quote from Pentagon spokesman Geoff Morrell at Friday’s briefing about the new “Don’t Ask, Don’t Tell” survey: “We think it would be irresponsible to conduct a survey that didn’t try to address these types of things. Because when DADT is repealed, we will have to determine if there are any challenges in those particular areas, any adjustments that need to be made in terms of how we educate the force to handle those situations, or perhaps even facility adjustments that need to be made to deal with those scenarios.”

What does our fierce advocate, whose own father suffered under segregation, have to say about this?

RELATED: Read JMG reader Rob Smith’s biting and satirical HuffPo column about his inability to control himself in the showers in Iraq.

Joe. My. God.

—  John Wright