Newsmonger: The loophole that keeps on giving, Exoneration Commission
Published: January 16, 2013
Pape-Dawson filed 20 plans, covering 7,300 acres over the recharge zone, including the controversial PGA Tour site and Hartman's new subdivision, before the city fixed the mistake.
Dawson didn't return calls for comment.
"You have to understand, when these committees are formed with environmentalists and developers on them, the developers can insert language into an ordinance that only they understand the ramifications of," said Richard Alles, a local mechanical engineer and conservationist with the group Aquifer Guardians in Urban Areas (AGUA), which has routinely challenged heavy development over the recharge zone. "I think this particular provision was one of those instances, and this particular development seems to be one that benefits." In a 2005 report on the PGA property, E-N reporter John Tedesco uncovered a letter showing Pape-Dawson's role behind the loophole, wherein Kacmar boasts to PGA developers, "For the last few weeks, we have been working behind the scene with respect to the new development regulations over the Edwards Aquifer recharge zone."
Last year, the Cibolo Creek Conservation Society, with backing from AGUA and the Greater Edwards Aquifer Alliance, threatened to sue Hartman, SAWS, the city, and Judson ISD in federal court, claiming the new development violates the Endangered Species Act. The group's attorney, Brad Rockwell, insisted developers haven't complied with city requirements to survey the land for endangered species and submit the report to the U.S. Fish and Wildlife Service. City staffers wouldn't discuss the development, citing the threat of lawsuit.
The conservation groups were set to meet with Hartman's representatives this week to see if a compromise could be struck.
Last week state Rep. Ruth Jones McClendon (D-San Antonio) filed a bill that would create the Timothy Cole Exoneration Review Commission, named after a Texas Tech student who died in prison 13 years after being convicted of a rape he didn't commit.
This is McClendon's third consecutive session calling for the commission, which would be comprised of nine governor-appointed members and tasked with studying cases of wrongful conviction. "The goal is to uncover errors in criminal procedure that led to these wrongful convictions," McClendon said. "It seems like everyone should be in favor of that."
Well, not everybody. To the surprise of some, the Innocence Project of Texas has come out against the proposal.
"Legislators can't get anybody out of prison," said Jeff Blackburn, IPOT's founder and chief counsel. "All they can do is study these cases. Well, we've already done that. We already know why these things happen. What we need is muscle, and money, and government backing to actually get this work done."
Texas ranks third in the country, behind New York and Illinois, for the number of prisoners exonerated, according to a report last year by the Center for Wrongful Convictions at the Northwestern University School of Law. Those cases compiled by the center show exonerations have been radically uneven across the state. The report shows Dallas County, which set up a Conviction Integrity Unit in 2007 to re-investigate potential innocence cases, has seen 36 exonerations. Bexar County has only seen two, according to the center's list. The Bexar County
DA's office last year dismissed charges against Gilbert Valdez, who was convicted of sexually assaulting a 15-year-old girl and served a 10-year prison term. Prosecutors withheld testimony of police and hospital officials in which the victim said Valdez wasn't her attacker, his lawyers said. In 2011, Andre Heygood, convicted of murder based on faulty eyewitness identification, was exonerated.
As it stands, IPOT gets about $80,000 from the Texas Indigent Defense Commission to tackle innocence cases, Blackburn said. "You can't run a candy stand on that. … Prosecutors are able to enjoy the fact that there are weak and impoverished innocence projects." Rather than establish an exoneration review commission, the state should instead fund law schools or nonprofits to actually do the work of unearthing and investigating such cases.
"As it stands, we're given just enough money to fail," Blackburn said.
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