TX: Rape victim put in jail after breakdown on witness stand

SophieRose

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http://www.click2houston.com/news/rape-victim-put-in-jail-after-breakdown-on-witness-stand

A rape victim who had a mental breakdown while testifying against her attacker and was then put in jail by a prosecutor who worried she wouldn’t come back to testify, is suing the Harris County prosecutor and the Harris County Sheriff, among others.

Jenny, who is in her 20s, was the star witness in the rape trial of Keith Hendricks after he violently raped and choked her. Hendricks was eventually sentenced to two life sentences for raping women.

Jenny, who suffers from bipolar disorder, couldn’t continue her testimony on Dec. 8.

Court transcripts show she was incoherent, broke down and ran from court saying she'd never return.

After a brief stay in St. Joseph Medical Center, Jenny was handcuffed, put in the back of a patrol car and taken to jail, her attorney, Sean Buckley, says. Buckley and Jenny’s mother spoke to Channel 2 for this story.


Part 2
http://www.click2houston.com/news/i...ays-district-attorney-lied-in-video-statement
 
Houston Chronicle article contains the full original complaint: Jane Doe v. Harris County:

http://m.chron.com/news/houston-tex...m-suing-county-after-being-jailed-8398251.php

Writ of Attachment filed by Harris County DA to detain Jenny (pdf):

http://media.click2houston.com/docu...f Attachment_1468982183579_7482968_ver1.0.pdf

IMO, Harris County DA's office (and the Sheriff's Office) deserves every bit of criticism coming at them.

Difficult situation at the time for the prosecutors, but what exactly did they think would happen when they made the decision to have Jenny locked up in the Harris County jail?

The state of Texas bears responsibility, too, although "they" (we) are not named in the suit.

Texas places care and consideration for mental health low in our priorities, especially care for low income/indigent persons.

Our fallback position is to have law enforcement and jail facilities serve as de facto mental health facilities.

A cruel attitude at all times, IMO, but particularly heinous when applied to crime victims.

Shame on us.
 
Press release from NAMI:

ARLINGTON, Va., July 22, 2016 — The National Alliance on Mental Illness (NAMI) and NAMI Greater Houston have issued a letter to The Honorable Devon Anderson, Harris County District Attorney in Texas, calling for an immediate and thorough independent investigation of the egregious treatment of “Jane Doe,” a woman diagnosed with bipolar disorder who was the victim of an aggravated rape. Ms. Doe was jailed for 28 days in general population at the Harris County Jail because of concerns that she would not appear to testify against her rapist.

The full text of the letter follows:

July 22, 2016

The Honorable Devon Anderson Harris County District Attorney
1201 Franklin Street, Suite 600 Houston, TX 77002-1923

Dear District Attorney Anderson,

We are writing on behalf of the National Alliance on Mental Illness (NAMI) and NAMI Greater Houston to express our grave concerns and call for an independent investigation regarding the treatment by your office of “Jane Doe,” a woman diagnosed with bipolar disorder who was the victim of an aggravated rape. As you know, Ms. Doe was jailed for 28 days in general population at the Harris County Jail because of concerns that she would not appear to testify against her rapist.

The alleged facts of this case are appalling. While testifying in court about the traumatic details of being violently choked and raped, Ms. Doe became overwhelmed, started crying, and ran from the courtroom and into traffic. She was subsequently involuntarily committed to a psychiatric hospital to stabilize her mental health condition. Instead of providing her with follow-up mental health care after she was discharged from the hospital, the decision was made, apparently by your office, to incarcerate her in the Harris County Jail where she remained for 28 days.

Making matters worse, Ms. Doe was placed in the general population in the Harris County jail, where she reportedly received no mental health care. This, despite the fact that the jail has a mental health unit for treating incarcerated individuals with mental illness. While in general population, she was severely assaulted by a fellow inmate and punched in the face by a correctional officer.

On July 21, you released a video statement in which you justified placing Ms. Doe in jail, stating that this was in the best interests both of Ms. Doe and the general public. In your statement, you asked “how were we to assure that a homeless, mentally ill victim of an aggravated sex assault would return to testify at the trial of her rapist when that victim was going through a life-threatening mental health crisis and had expressed her intention not to testify?”

NAMI is the nation’s largest organization dedicated to individuals with mental illness and their families. We and our Houston affiliate are disappointed that as District Attorney, you made the choice to incarcerate Ms. Doe. It is inexcusable to jail someone experiencing a “life-threatening mental health crisis.” In addition, to expose someone who has been through the profoundly traumatic experience of an aggravated rape and assault by placing her in a situation that is likely to perpetuate further trauma and despair is simply wrong. Would your office have responded the same way to someone who you feared might not be able to return to testify due to heart disease, diabetes or a traumatic brain injury?

At a time when Harris County and the nation as a whole are grappling with how to reduce the numbers of people with serious mental illness who are incarcerated, the placement of a vulnerable young crime victim experiencing a serious mental health crisis in the general population of the jail is difficult to understand. There were many other steps that could have been considered, most notably providing Ms. Doe with mental health services and supports to stabilize her condition.

Moving forward, we call for an immediate and thorough independent investigation of this egregious action that includes a thorough review of alternatives that were available and must be used in the future. We request a meeting with you and your top assistants to discuss steps that will be taken to ensure that situations like this one will not recur.

Thank you for your prompt and urgent attention to this matter.

Sincerely,

Mary T. Giliberti, J.D. Glenn Urbach, LMSW Chief Executive Officer Executive Director
NAMI NAMI Greater Houston

http://www.nami.org/Press-Media/Pre...-Investigation-of-Shocki#sthash.9k1zb2M0.dpuf
 
Rape Survivor Sues After Texas Authorities Jailed Her For A Month

A rape survivor is suing Texas' Harris County after she was jailed for more than a month and subjected to beatings and "psychological torture."

The complaint notes that her "rapist was also an inmate in the same facility" and treated more humanely. "Her rapist was not denied medical care, psychologically tortured, brutalized by other inmates, or beaten by jail guards," it reads.

http://www.npr.org/sections/thetwo-...fter-texas-authorities-jailed-her-for-a-month
 
Rape Survivor Sues After Texas Authorities Jailed Her For A Month

A rape survivor is suing Texas' Harris County after she was jailed for more than a month and subjected to beatings and "psychological torture."

The complaint notes that her "rapist was also an inmate in the same facility" and treated more humanely. "Her rapist was not denied medical care, psychologically tortured, brutalized by other inmates, or beaten by jail guards," it reads.

http://www.npr.org/sections/thetwo-...fter-texas-authorities-jailed-her-for-a-month

what the hell is going on? this is insane.
 
This is absolutely unbelievable that a victim of a violent crime was incarcerated in order to insure testimony @ her rapist's trial. This is a travesty & I sincerely hope the person's responsible for Jenny being locked up are punished accordingly. As a person with bipolar disorder I can't imagine being denied proper medical care, being put in general population & punished & revictimized. I hope there is a large settlement made for Jenny's pain & suffering over this incident.
 
Couldn't they put her in a hotel like they do when they sequester jurors. I hate what can happen to rape survivors. Our friend had to testify at the trial of her rapist a couple of months ago here in Charlotte. The rapists was acting as his own attorney and was allowed to cross-examine her. It was awful. Luckily, he received over 80 years, but still.
These are some reasons that victims won't come forward, IMO.
 
Anderson responded to the Channel 2 investigation Wednesday with a video posted on YouTube and her Facebook account.In the video statement, Anderson said she stands by her office’s decision to hold Jenny in jail for a month until she would be called to testify again.

“How were we to assume that a homeless, mentally ill victim of an aggravated sex assault would return to testify at the trial of her rapist when that victim was going through a life-threatening mental health crisis and had expressed her intention not to testify?” Anderson asked.


http://www.click2houston.com/news/i...ays-district-attorney-lied-in-video-statement

It's Anderson's smugness that angers me the most. Imo, Anderson considered this to be about her and not the victim.

Would like to Anderson in charge of paper clips and pencils until she can figure out what her role in the justice system truly means for all concerned.
 
Not only was this woman jailed, at least some staff in jail thought she was the one accused of sexual assault because perpetrator's offense attaches to victim's electronic records.

"In another instance, notes detail how Jenny continued to tell staff she was the victim, but the records reflect, “Arrested for aggravated sexual assault.”"

Jail spokesman Ryan Sullivan told Channel 2 he di
http://www.click2houston.com/news/rape-victim-put-in-jail-after-breakdown-on-witness-stand
 
Anderson responded to the Channel 2 investigation Wednesday with a video posted on YouTube and her Facebook account.In the video statement, Anderson said she stands by her office’s decision to hold Jenny in jail for a month until she would be called to testify again.

“How were we to assume that a homeless, mentally ill victim of an aggravated sex assault would return to testify at the trial of her rapist when that victim was going through a life-threatening mental health crisis and had expressed her intention not to testify?” Anderson asked.


http://www.click2houston.com/news/i...ays-district-attorney-lied-in-video-statement

It's Anderson's smugness that angers me the most. Imo, Anderson considered this to be about her and not the victim.

Would like to Anderson in charge of paper clips and pencils until she can figure out what her role in the justice system truly means for all concerned.

On line today just catching up and I would just like to say that this case has me seething angry. The actions of this Prosecutor are unexcusable and totally unacceptable. She needs to resign and go somewhere to work alone with no other people around. This is so wrong on so many things it's hard to even put into words.
 
Anderson responded to the Channel 2 investigation Wednesday with a video posted on YouTube and her Facebook account.In the video statement, Anderson said she stands by her office’s decision to hold Jenny in jail for a month until she would be called to testify again.

“How were we to assume that a homeless, mentally ill victim of an aggravated sex assault would return to testify at the trial of her rapist when that victim was going through a life-threatening mental health crisis and had expressed her intention not to testify?” Anderson asked.


http://www.click2houston.com/news/i...ays-district-attorney-lied-in-video-statement

It's Anderson's smugness that angers me the most. Imo, Anderson considered this to be about her and not the victim.

Would like to Anderson in charge of paper clips and pencils until she can figure out what her role in the justice system truly means for all concerned.

Was she even homeless at the time she testified? Plus her mother was expecting her to come to her home after being released from the hospital.

http://www.houstonchronicle.com/new...jailed-after-breakdown-on-witness-8399580.php

The young woman's saga began like the plight of many mentally ill people who stop taking their medication. She ended up homeless on the streets of Houston, her mother said, where she was violently assaulted by serial rapist Keith Edward Hendricks, a vagrant later convicted of luring homeless women to abandoned buildings and raping them while brandishing simple weapons such as box cutters.

After Hendricks was arrested, prosecutors built a case against him that included analyzing DNA from rape kits. That led them to the young woman, who is now married and lives in an apartment in a small town in East Texas.

By agreement, investigators picked her up on Dec. 7 and brought her to Houston for the trial, her mother said.

A day later she took the witness stand and tried to tell her story, but had a psychological breakdown. She was found walking in traffic in front of the Criminal Courthouse in downtown Houston before being committed to a psychiatric ward in a hospital, according to her attorney.

Prosecutors told the woman's mother that she would get the best care available. They did not tell her they had gotten a court order to jail her as a material witness.
 
The attorney for a rape victim who suffered a mental breakdown on the stand at her rapist’s trial and was then put in jail so prosecutors could make sure she returned to testify said Harris County District Attorney Devon Anderson lied in a videotaped statement.

Buckley said Jenny was not homeless when she came to testify against her attacker or after she was eventually released from jail.

Buckley said Anderson misled viewers.

“She has to know that is (a) false statement because her investigators were the ones who went there to pick Jenny up at her apartment and bring her to Houston to testify,” Buckley told investigative reporter Jace Larson Wednesday. “Now that I know the district attorney’s office is willing to lie to the public about the facts of this case, I’ve got to protect my client. I’ll be sending out subpoenas for their emails and phone records.”



http://www.click2houston.com/news/i...ays-district-attorney-lied-in-video-statement
 
So she spent the holidays in jail away from her family? This is just horrible. I couldn't imagine the fear of being locked up for no reason. Truly a victim.


Sent from my iPhone using Tapatalk
 
While this situation is a new one on me, i wish I could say I am terribly surprised but I am not. Young women on the margins are often not treated well by LE. They are often throwaways until the system needs them, and, then, they become victimized because they have little protection and often no representation. Add mental illness to the situation and the young victims clearly have no ability to be protected.
 
Harris County DA Devon Anderson gave an interview to Lisa Falkenberg of the Houston Chronicle.

Well worth a full read.

If you run up against the Chronicle paywall, try accessing the piece via @loebvernon on Twitter. (Vernon Loeb -- Managing Editor of the Chronicle)

Clearly, that wasn't enough. And that's my takeaway after talking with Anderson. The context and nuance she points out are important, but they don't change the fact that the district attorney's office ultimately failed to protect a vulnerable victim.

Didn't ask for help

Socias appeared to have diligently tried to help, but he seemed to be trying alone. Anderson's office said she wasn't informed about the situation until near the end of trial.

She should have been involved from the start. The sheriff as well. When I asked, Anderson couldn't think of a single thing the prosecutor could have done better. One is glaringly obvious: ask for help.

In the end, the victim testified, and her bravery helped get a serial rapist off the street.

But the cost to the victim was too high, something Anderson said "we regret very much."

"We've just been crushed by this," she told me.

I believe her. But a young rape victim has been destroyed by this. It's not acceptable to say that was unavoidable.

http://www.houstonchronicle.com/new...hp?t=5463653a67438d9cbb&cmpid=twitter-premium
 

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