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

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

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

Texas is the prison rape capital of the U.S., and LGBT inmates are frequently the victims

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Five of the 10 prisons with the highest rates of sexual abuse in the nation are in Texas, including the top two, The Houston Chronicle reports today. But what the Chronicle’s story doesn’t even bother to mention is that LGBTQ inmates are a chief target of prison sexual abuse. According to the watchdog group Justice Detention International, a 2007 study found that “67 percent of inmates who identified as LGBTQ reported having been sexually assaulted by another inmate during their incarceration, a rate that was 15 times higher than for the inmate population overall. Of the hundreds of survivors who contact JDI every year, approximately 20 percent self- identifiy as gay, bisexual or transgender.”

A JDI report from 2008 sheds further light on the factors behind this problem in Texas:

“Within TDCJ facilities, vulnerable inmates report being set up for sexual violence by staff who treat reports of abuse—or threats thereof—with derision or callousness. In particular, LGBT (lesbian, gay, bisexual, and transgender) prisoners describe being treated dismissively by staff. According to numerous survivor letters, TDCJ officials tend to conflate homosexuality and trans- gender status with consent to rape, and as a result fail to take appropriate action when these inmates request assistance. A prisoner at the Telford Unit describes being told, when asking for protection, “You’re an admitted homosexual, you can’t be raped. We’re denying you. You learn how to defend yourself.”

The Department of Justice recently opened a 60-day public comment period on new national standards addressing sexual abuse in detention. To participate in the comment period by signing a petition that will be entered into the official record, go here.

—  John Wright