Jana Duty: The TT Interview
Jana Duty is taking on a giant figure in Texas politics: Williamson County District Attorney John Bradley.
The Williamson County attorney since 2005, Duty sat down with the Tribune in her Georgetown home on Tuesday, just before publicly announcing she would run against Bradley in the Republican primary. She talked about how the Michael Morton case inspired her to seek higher office and her concerns that, despite Bradley professing that the now-famous innocence case has changed his outlook, policies in the office could still allow for wrongful convictions.
Morton was convicted in 1987 of murdering his wife, but DNA tests ...
Comments (17)
John Guardian
Ms. Duty's action's speak louder than words also. Look up in Travis County District Court how she is suing AG Abbott in the case Duty v. Abbott, because she does not want to release a nasty letter she sent to one of the county judges last year. The AG's office ruled it must be disclosed under Texas law, but she doesn't want to disclose it so she sued, in her official capacity with taxpayer money, the top law enforcement officer in the state to keep it private so she can run for higher office. The Tribune should ask her why she wants to keep it secret and why she thinks it is wrong for John Bradley to not open files, when she is doing exactly the same thing. And what is in this letter that is so bad she doesn't want it public?
Craig jenkins
"Bradley will inevitably attack Duty over the state bar reprimand - indeed, in the Trib story he's already begun - but her revealing secret information because she believed a crime has been committed is quite a polar opposite issue to Bradley's woes. By comparison, Bradley opposed DNA testing in the Morton case for two decades, mocked Morton for seeking to prove his innocence, and fought to keep information secret that would ultimately exonerate an innocent man and lead to the capture of an alleged killer." From http://www.gritsforbreakfast.blogspot.com
Hang in there Duty, You have my vote and everyone is really buzzing about this and supporting YOU!! Bradley is a proven liar and needs to go down. He helped kept an innocent man in prison for 24 years by lying, so be ready for anything with this egomaniacal narcissistic bully.
Dale Curry
Mr. Bradley's claims of "running an independent, modern office that applies the best practices in our profession", are hollow rhetoric. His actions in the Morton case are reprehensible. His pivotal role in stopping the state's forensic investigation into the Willingham investigation and execution smacks of Obstruction of Justice in order to protect Rick Perry. Repeatedly, he has shown an eagerness to use his office(s) in order to protect his cronies. If Williamson County wants to remove the stain on their reputation, perhaps they should start with "their" DA.
John Chisolm
"Egomaniac narcissistic bully" I think you are talking about Jana Duty not John Bradley. Talk to anyone on her staff or in the courthouse, but talk to them off the record because they don't want Jana to launch the same attacks against them that she does to everyone else who disagrees with her (i.e. the Commissioner's Court, Attorney General Greg Abbott, all of the County Court at Law Judges in the Williamson County). Why is it that the County Court at Law Judges refuse to have Jana Duty represent them in any matter? Answer: They don't trust her or her ability as a lawyer. Why did the Commissioner's Court have to hire another lawyer to do her job? Answer: They don't trust her or her ability as a lawyer. Which is exactly why the State Bar went after her on 20+ violations. As to the state bar reprimand, Duty pleads guilty, accepts the reprimand, and then says "but I really wasn't guilty". Sounds like one of the defendants she is suppose to prosecute, not the prosecutor. What a joke. I do agree with one thing, she is gaining some support. Just not from anyone who has ever voted in a Republican Primary in Williamson County, Texas.
Craig jenkins
"John" how many new names can you create and comment under? You're embarrassing yourself. Plus your name changes but your IP address stays the same. At any rate, I prefer someone who doesn't "get along" with the good ole' boys like John Bradley does. We could get into a tit for tat all day while you go and create new screen names so I will just leave you with this, Jana Duty is obviously your worst nightmare since she made it clear in the interview the good ole boy club is not immune from prosecution. Your attempt to discredit her only make people resent folks like you and the good ole' boy system even more. She has my vote and one thing I can say for certain, everyone at my workplace is behind her.
John Chisolm
Craig, They may say that but that is only because she signs their paychecks. By the way, you need to get off the blogs, you are on Williamson County Taxpayers time.
Craig jenkins
"John", I am a 52 year old engineer...a far cry from being a Wilco employee.
How about this one "John", care to rebut this?
LETTERS TO THE EDITOR
Dear editor,
"No, no! Sentence first - verdict afterwards!" the Queen of Hearts said in "Alice's Adventures in Wonderland," by Lewis Carroll.
Silly words spoken by a silly character during a silly story about a trial where none of the normal rules applied. Just a fairy tale, right?
Well, for those who are accused of felony crimes in Williamson County - and their defense attorneys - dealing with Mr. John Bradley's district attorney office can sometimes make one feel like they have, like Alice, truly dropped down a rabbit hole.
In his recent opinion column (Oct. 29 Leader), Mr. Bradley takes pains to assure the public that unlike in the knuckle-dragging days of the past, circa the trial of the wrongly convicted Michael Morton, today's "modern" discovery at the Williamson County District Attorney's office is conducted in a more open manner.
He writes, "... you can be sure that in Williamson County, before any contested trial begins today, the defense lawyer will have already received access to all the information collected in the case."
Sounds great, doesn't it?
Ah, but let's go through the looking glass together, shall we, and see where this statement falls well short of reality.
As Mr. Bradley is undoubtedly aware, well over 90 percent of criminal cases in Texas are resolved without a trial. The vast majority of cases are settled with a plea bargain. His letter, focusing only on what discovery is available to defense counsel immediately prior to a full-blown trial, ignores that vast majority of cases his office disposes of.
So let's talk about that vast majority.
In Williamson County, it is common practice that many of those felony plea bargains are given to defense counsel and their clients on a "one-day only" basis - meaning take it today, or the deal gets worse.
And that "today" is often the first day the attorney and client have ever been in court. Many, many times a request for additional evidence (oftentimes something as simple as a lab report or a DWI videotape of a client being stopped by the police) will be denied by Mr. Bradley's prosecutors with the veiled warning that if a deal is not speedily taken, the stakes for the client could get much worse.
While I routinely advise my clients to ignore such attempts at bully brinksmanship and wait patiently until I can secure all the evidence, it puts my clients in an awful bind.
They are made to choose between a plea bargain right now, when I have not had a chance to fully evaluate their case, or suffer a worse bargain later, after I have had the chance to do my ethical best to collect all the evidence in the state's hands.
A plea-bargain offer is only as good as the evidence that can back it up.
When evidence is not revealed to defense counsel during the critical plea bargaining stage of a case - well before the decision to go to a jury trial is made - injustice occurs.
We should demand transparency during all phases of prosecution.
Mr. Bradley, let's leave the kangaroo courts for the storybooks, please.
- Mark Brunner,
Georgetown
Editor's Note: Mark Brunner is a criminal defense lawyer formerly employed by the Williamson County District Attorney's office.
John Chisolm
STOP THE PRESSES! A criminal defense lawyer wants a new District Attorney in Williamson County! Who do they want? Jana Duty!
WUSRPH
This is the same county where at Docket Call or Arraignment the prosecutors tell defendants they will give them a "deal" on their sentence but ONLY IF THEY REFUSE TO ASK FOR AN ATTORNEY TO PROTECT THEIR LEGAL RIGHTS...If they want an attorney, no deal....The Leg. passed a bill to outlaw this practice but Bradley got Gov. Rick to veto it on the grounds that it would hurt the "efficiency of the justice system" in Williamson County....Efficiency obviously being more important than people's legal rights...I guess the trains also run on time in Williamson County.
John Chisolm
WUSRPH, You are correct. Only, that is not what happens in the felony courts that the District Attorney (John Bradley) is in charge of, but the misdemeanor courts that the County Attorney (Jana Duty) is in charge of.
Wilco Watchdog via Texas Tribune on Facebook
This will be one race that will offer plenty of entertainment to say the least. Not sure why Bradley took Duty being reprimanded on as a campaign issue. Of all people, one would think he has enough political savyy to stay away from that being he himself is facing possible suspension or disbarment for criminal allegations and professional misconduct with the State Bar of Texas.
WUSRPH
If it is true that it is only in Duty's balliwick that is enough to make her also unqualified for the post...the only defense she could have is that the practice predates her term in office, which it does....In either case, it makes Williamson County more like Fascist Italy than one would like. The trains run on time!
Max Sped
I cannot tell you if Jana Duty can adequately perform the DA job but I do like her 'talk' - Justice would be primary over Winning. Since I do not consider John Bradley trustworth, Jana would get my vote.
Daniel Simon
"John" I know John Bradley (you?) for what he really is, a soul-less criminal that has corrupted Law Enforcement in this County and destroyed family relationships with his acknowledged policy of blanket refusal to prosecute a FELONY and his brow-beating of LEOs into lying to the victims.
That is why I personally filed a formal written Grievance with the State Bar of Texas yesterday for your...er...aah John Bradley's numerous violations of the Rules of Professional Conduct and violations of various and sundry Penal Code Sections. Hopefully it will get the coverage needed to expose......John Bradley, "John".
The Felony is Penal Code section 25.03 (Interference with Child Custody) and is where one parent or guardian refuses to give the other their time with the child(ren).
The Legislature made this a felony over ten years ago....and an appeals Court recently upheld the conviction of a parent that refused to give the other their visits. Here is a link to the case.
http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=bcdba&searchTerm=eHZQ.NYTa.aadj.eaEO&searchFlag=y&l1loc=FCLOW
They apparently have a DA with integrity out in El Paso! Your, ooops, er, I mean John Bradley's) failure to do the duties imposed by Statute are crimes in and of themselves....not to mention your/his interference with LEOs doing their job. And even if you/he try to hide behind some tortured claim of "Prosecutorial Misconduct", provisions of the Code of Criminal Procedures make you the equivalent of an accessory to each and every one of these hundreds of felonies each and every month.
Due to the lies of LEOs and various other suppression methods the hundreds of parents affected by this policy don't know yet, because if they did Bradley would already have been drug out of the building, tarred and feathered and rode round the building on a rail!
As far as Mr. Brunner goes, maybe he couldn't stomach Bradley's criminality any more and as a defense attorney just wants fairness and true due process for his clients....not the easy deals you so oily imply.
Daniel Simon
512-228-9416
Phil Davidson
John Bradley is pointing fingers about trial experience? It doesn't take a lot to take the types of cases to trial that he does. He only goes into the courtroom if he's already holding all the cards. What a courageous man he is! (LOL). He's a small man, in every possible use of the phrase. He lies to maintain his political status while he postures for the press. He deserves no "slack" as he has already received enough compensation for his efforts. If he wants to be a legal writer, professional lobbyist, or paid lecturer, he should get off the District's dime while he does that. We need a District Attorney who will COME TO WORK not one who'll court the legislature and make attempts to curry political favor.
Phil Davidson
To Mr. Guardian, I have to say I agree with you. Actions do speak louder than words. Mr. Bradley talks a good game, but he cannot back it up. Article 2.01 of the Texas Code of Criminal Procedure states that, "It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done."
Mr. Bradley isn't about justice though. He is about looking a certain way so he can gain political power. His trial stats show it all. Last year, every case that went to trial from his office resulted in a conviction. Zero acquittals. Now, how is that possible? Answer - they only take cases to trial that they know will win. Everything else is sent to a lesser offense or straight dismissed. THAT is not justice.
Ms. Duty's office takes cases to trial that need to be heard by the people. Let the system work. She believes in the system. Mr. Bradley only believes in himself - and wrongfully so.
aldo delellis
I am a Democrat voting for Jana Duty. I am sick of people like John Bradley and Ken Anderson after being well informed on how they both acted to keep an innocent man in jail for 25 years. It is time both of them pay.