TV News Investigation:
Child Molesters Getting Probation

The RUNDOWN,  October, 1988

The young victim The suspects The judge has ... had enough questions ... takes off the mike.		Victim's Mother: "She didn't understand how he could be able to do that to her, and the judge would just let him go ..." In Houston, KHOU-TV's investigative unit revealed that a high number of sex offenders were avoiding prison, and instead were released back in the community on probation. Victims and their parents were outraged at Houston "justice." "Do you think child molesters go to prison? Most people assume they do ..." That was the lead-in for a shocking piece on justice --- or injustice - -- in Houston. The news investigators analyzed the records for the 22 felony courts in Harris County and found that in three and a half years, 35 percent of those who sexually abused a child received probation and returned to the community. That meant not only did these sex offenders get the lightest form of probation --- what is called deferred adjudication --- they did not get a conviction on their record! If they moved to a new state, community notification laws would not apply. Residents there would have no idea the person could be a threat to children. Some judges released even more sex offenders --- giving probation to 47 percent, 55 percent and 62 percent of those who appeared in their courtrooms. KHOU's three-person investigative team included reporter Anna Werner,   former 20/20 producer David Raziq; and photographer Chris Henao.

Investigations are a key part
of the station's coverage

"This is one of those substantive investigative stories we want to tackle with this new unit," said KHOU News Director Mike Devlin.
"We're going to try to tackle some issues of substance that are of longer term importance to the community," he explained.

KHOU's three-person investigative team included reporter Anna Werner, (who was part of the WISH-TV investigative unit that took an Edward R. Murrow award); former 20/20 producer David Raziq; and photographer Chris Henao.

Devlin believed investigations were something all stations should be doing.
"I know it is very expensive for every station. It is particularly difficult for smaller stations. But there can be some audience return," he said.

Molesters were getting off

They examined the issue of child sex offenders from several angles.
During their investigation, one source called to talk to them about the issue of deferred adjudication. He felt the courts were not being as tough as they should be.
"I was shocked when our source started telling us about some of the cases. I knew what deferred adjudication was, and I couldn't understand how some of these sex offenders were getting it," said Raziq.

One girl was babysitting for her aunt when a man came into the house and raped her. The attack left her depressed and suicidal.
The rapist pleaded no contest to sexual assault of a child, but he did not get hard time. He spent 60 days in the county jail and then went home on probation.

An advocacy group, Justice for Children, handled hundreds of these cases a year.
"This is going on and it is happening every day. That's one of many stories that we have file boxes of. There are thousands and thousands of stories like that," said one child advocate.

Full analysis of court records
revealed the scandal

Analyzing the data was vital if they were to get a true picture of what was happening. No one had ever taken a hard look at the numbers before.

The investigators went to the county court and used the Justice Information Management System to review the cases.
"We found statistical reports that the court system was generating. Most courts generate the same kind of reports. It is usually done by some sort of state justice administration office that requires it," Raziq said.

The reports broke down the number of cases disposed of for each district court and the types of felony cases.

The categories were:

• Convictions.

• Pleadings.

• Acquittals.

• Deferred adjudication.

"Deferred adjudication is the lightest form of probation there is. It is usually the result of a plea bargain. The individual will usually enter a plea of guilty or no contest," Raziq explained.

Probation could last for two to 10 years. The person had to check in with their probation officer and was returned to the community.
"If the person successfully completes deferred adjudication, there is no finding of 'guilty' on their record," he said.
In the case of straight probation, there actually was a conviction on the person's record.
The news team members took all the reports and used a spread sheet. They were shocked to see the overall rate for Harris County was 35 percent.

These criminals often strike again

These weren't minor criminals who might see they were wrong and change their ways.
"The key is that pedophiles are offenders who tend to re-commit. It's not like stealing a car. This is a very strong impulse. To return them to the community is a risk," said Raziq.

In Houston, there was no expert review of what the individual molesters were likely to do.
"We wondered what they do to judge what kind of risk they are dealing with before the offenders are put back out in the community. The answer turned about to be 'nothing,'" he said.
One judge said he looked at the case, and by carefully reading it he could tell whether someone was a risk.

The news team went to a nationally recognized expert who said that was flat out wrong.
"You can't tell, and sometimes you can't tell even after they are tested," said Raziq.
J. Tom Morgan, a prosecutor in DeKalb County, Georgia, believed in tough sentencing for child abusers. He said that leaving these offenders in the community puts children at risk.
"The issue here is protection of the community," Raziq stressed.
"Numbers don't tell you much on their own. You must go and look at all of the case files to get a sense of what is going on. We didn't show half of what we had," he added.

One sex offender was on deferred adjudication, re-offended and was given deferred adjudication again!
"That is illegal!" said Raziq.

The judge was very embarrassed, and then he blamed it on the prosecution. He claimed the prosecution should have known when someone was on deferred adjudication.

How could this happen?

Reporter Werner asked the child advocacy group leaders what the trend meant.
Did it mean that the community didn't care or was it just the way the system operated?.
"Does the fact that there are different standards in different communities in different states mean a community is any less caring than another? Or does it mean that people just don't know how their justice system is operating when it comes to this subject?" she asked.

The leaders of Justice for Children said that people did care about the issue in Houston, but that the average person didn't know what was happening.

"That was the purpose of our story: to let people know what is happening in the justice system with this type of offender, who is a different type of offender than many of the other criminal offenders," Werner said.
"Nobody knew what the figures were before this. The judges didn't know. The District Attorney didn't know. None of them knew, because they had never analyzed it before," she said.

Judges, DA stonewalled on camera

Werner tried to interview the judge who put on probation more than 60 percent of the child sex offenders who went through his court. Although he was seated, miked, and the interview had started, when asked about the practice of giving sex offenders deferred adjudication, he refused to answer the questions and abruptly ended the interview. He removed the clip-on mike.

The District Attorney claimed he did not like deferred adjudication, yet Werner pointed out "it was his prosecutors who helped give it to hundreds of sex offenders."
"I don't believe in setting a specific direction for any case," prosecutor Johnny Holmes told Werner.
However, the investigative reporter pointed out that Holmes had set a direction for other cases. For example, for cases of prostitution he required 10 days in jail.
Werner: "So why not set a direction like that for child sex offense cases?"
Holmes: "Because I don't want to, I don't think it's necessary, and I'm not going to."

Followup: one offender was still around kids

One of the sex offenders who was released on probation was told not to be around children, yet his wife ran a day care center in their home!
Henao shot video of parents dropping off and picking up their children. The wife claimed the husband wasn't home when the children were there. She admitted that she knew she was only licensed to have three children in the day care center, but in fact had four children.
"The victim was shocked when she was told what was happening," Raziq said.

In fact, in a one-year period, 17 of the child molesters on deferred adjudication re-offended, and they still didn't get harsh sentences.

Werner said for other reporters who want to explore the topic in their area, look at the punishment options for the crime, then see what the sentencing patterns are.
How are prosecutions handled?
Is there a special office, or does anyone in the prosecutor's office handle this type of case?
Who are the most lenient judges? The toughest? Why?

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