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Health, Family & Eugenics => CPS / Missing Children => Topic started by: Geolibertarian on September 08, 2010, 06:04:05 pm



Title: Minors sexually abused while in state custody
Post by: Geolibertarian on September 08, 2010, 06:04:05 pm
http://www.wnd.com/?pageId=40775 (http://www.wnd.com/?pageId=40775)

Embattled AG now accused in teen sex scandal 'cover-up'

Attorney General Gonzales among officials who allegedly ignored abuse of minor boys

By Jerome R. Corsi
WorldNetDaily.com
March 25, 2007

Attorney General Alberto Gonzales and U.S. Attorney Johnny Sutton, both already under siege for other matters, are now being accused of failing to prosecute officers of the Texas Youth Commission after a Texas Ranger investigation documented that guards and administrators were sexually abusing the institution's teenage boy inmates.

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Attorney General Alberto Gonzales

Among the charges in the Texas Ranger report were that administrators would rouse boys from their sleep for the purpose of conducting all-night sex parties.

Ray Brookins, one of the officials named in the report, was a Texas prison guard before being hired at the youth commission school. As a prison guard, Brookins had a history of disciplinary and petty criminal records dating back 21 years. He retained his job despite charges of using pornography on the job, including viewing **** photos of men and women on state computers. (http://www.wnd.com/redir/r.asp?http://www.statesman.com/news/content/region/legislature/stories/03/06/6brookins.html)

The Texas Youth Comission controversy traces back to a criminal investigation conducted in 2005 by Texas Ranger Brian Burzynski. The investigation revealed key employees at the West Texas State School in Pyote, Texas, were systematically abusing youth inmates in their custody.

Burzynski presented his findings to the attorney general in Texas, to the U.S. Attorney Sutton, and to the Department of Justice civil rights division. From all three, Burzynski received no interest in prosecuting the alleged sexual offenses.

"This case demonstrates that a partisan political agenda, with Karl Rove in an orchestrating role, has penetrated the Justice Department and subverted fair-minded administration of the law," Matt Angle, director of the Lone Star Project, told WND.

It's just the latest controversy for Sutton, Gonzales and the Bush administration's direction of the Justice Department. Earlier, Sutton's decisions to prosecute two Border Patrol agents and Deputy Sheriff Gil Hernandez were criticized as having been influenced by the intervention of the Mexican government.

Gonzales is under heavy congressional pressure in the controversy over the recent forced resignations of eight U.S. attorneys. At issue is whether the Bush administration is directing the Justice Department to pursue politically motivated prosecutions at the expense of fair or even-handed law enforcement.

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In the Texas Youth Commission scandal, Texas Ranger official Burzynski received a July 28, 2005, letter from Bill Baumann, assistant U.S. attorney in Sutton's office, declining prosecution on the argument that under 18 U.S.C. Section 242, the government would have to demonstrate that the boys subjected to sexual abuse sustained "bodily injury." Baumann wrote that, "As you know, our interviews of the victims revealed that none sustained 'bodily injury'" (http://www.wnd.com/redir/r.asp?http://www.lonestarproject.net/files/DOJletter.pdf) [.pdf].

Baumann's letter continued, adding a definition of the phrase "bodily injury," as follows: "Federal courts have interpreted this phrase to include physical pain. None of the victims have claimed to have felt physical pain during the course of the sexual assaults which they described."

Baumann's letter further suggested that insufficient evidence existed to prove the offenders in the Texas Youth Commission case had used force in their alleged acts of pedophilia: "A felony charge under 18 U.S.C. Section 242 can also be predicated on the commission of 'aggravated sexual abuse' or the attempt to commit aggravated sexual abuse. The offense of aggravated sexual abuse is proven with evidence that the perpetrator knowingly caused his victim to engage in a sexual act (which can include contact between the mouth and ****) by using force against the victim or by threatening or placing the victim in fear that the victim (or any other person) will be subjected to death, serious bodily injury or kidnapping. I do not believe that sufficient evidence exists to support a charge that either Brookins or Hernandez used force to cause victims to engage in a sexual act."

Baumann's letter went so far as to suggest that the victims may have willingly participated in, or even enjoyed, the acts of pedophilia involved: "As you know, consent is frequently an issue in sexual assault cases. Although none of the victims admit that they consented to the sexual contact, none resisted or voiced any objection to the conduct. Several of the victims suggested that they were simply 'getting off' on the school administrator."

Baumann's letter also rejected Burzynski's charges that the administrators at the Texas Youth Commission facility in West Texas had used their position of authority to force the inmates to participate in the sexual acts or that the administrators had lengthened the sentences of the boys to retain willing participants or punish those reluctant to participate.

Baumann wrote: "In order for the government to be successful in a criminal prosecution, it would be essential for us to show that the victim was in fact victimized. Most of the victims were aware of the power that the school principal and assistant superintendent held over them, but none were able to describe retaliative acts committed by either the principal or assistant superintendent. Although it is apparent that many students were retained at West Texas State School long after their initial release date, it would be difficult to prove that either Mr. Brookins or Mr. Hernandez prevented their release."

On Sept. 27, 2005, the U.S. Department of Justice Civil Rights Division declined prosecution in a letter written to Lemuel Harrison, the Texas Youth Commission superintendent at the West Texas State School.

In that letter, Justice Department section chief Albert Moskowitz wrote that "evidence does not establish a prosecutable violation of the federal criminal civil rights statutes" (http://www.wnd.com/redir/r.asp?http://www.lonestarproject.net/files/DOJletter.pdf) [.pdf].

Angle maintains the decision not to prosecute was purely political.

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