BREAKING: Rhonda Barchak, the former Texas district clerk who separated jury panels by race and geography, took the stand this afternoon in Brazoria County and pleaded the 5th to every question except to give details of her employment history.
ICYMI, here's the background: texasmonthly.com/news-politics/…
Barchak was called to testify in a hearing to determine whether Darrell Anthony Adell, Jr., who was convicted of murder on August 5, should receive a new trial based on Barchak's jury empanelment system. Adell, Jr. was sentenced to life in prison.
Adell Jr.'s attorney says his client's due process rights were violated and is requesting a new trial. District Court Judge Terri Holder will decide by EOD Monday whether to grant the request. The Brazoria County District Attorney's office argued vehemently against a new trial
Brazoria County prosecutors contend that even if Barchak's system wasn't random, it didn't violate the Constitution but merely state statute. But they aren't willing to concede that there was anything improper about it--despite DA Tom Selleck's confirmation of Barchak's system
Prosecutors say any potential unfairness in jury process must be weighed against the "public interest" in keeping Adell Jr. in prison. They seem concerned that granting Adell Jr. a new trial will set a precedent for the thousands of other cases tried under Barchak's system.
A bunch of new information came out during the three-hour hearing. At least one of the whistleblowers revealed himself--Tracy Read, a Brazoria County bailiff, said he witnessed Barchak and her deputies taking juror cards behind locked doors and sorting them into piles--for 3 yrs
He testified that he grew suspicious about this system and inquired about it this summer to Helen Hall, a district clerk employee. Hall said the district clerk was dividing cards by race and geography. Read took this information to two Brazoria County judges and to DA Selleck.
Read's information apparently prompted Selleck to issue his statement about potential "irregularities" in jury selection and to pressure Barchak to resign. A grand jury is now investigating the allegations of illegal jury empanelment. brazoriacountytx.gov/home/showpubli…
Also revealed: Brazoria County has not empaneled a single jury since late August, when Barchak was replaced as district clerk by Donna Starkey. Starkey testified that the county is working with Tyler Technologies to create a new jury empanelment system.
In other words, the Brazoria County justice system has ground to a halt. No new juries for criminal, civil, or family law trials for more than a month and a half.
Adell Jr.'s attorneys subpoenaed Barchak's chief deputies yesterday, but they weren't served in time to testify. DA Selleck was also subpoenaed but was unable to attend for undisclosed reasons. He submitted a video statement that was not played for visitors.
The courtroom was packed to capacity with civil rights activists, family members of inmates convicted in Brazoria County, and members of the Brazoria County bar. Defense attorneys told me they had no idea what Barchak was doing and anticipate a deluge of requests for new trials.
Adell Jr.'s father, Darrell Adell, Sr., was in the front row of the visitor's section. He told me that he was "much happier" now that his son had a chance at a new trial. "This has been hell for us," he said.
Tracy Read, the whistleblower, said he has given statements to the DA, the Texas Rangers, and the grand jury investigating Barchak. "Jury selection is supposed to be random," he testified. "Race should have nothing to do with it." He said he felt compelled to speak out.
"It just didn't sit right with me," Read said.
It was strange to see the same prosecutors who are investigating Barchak, and taking her case to a grand jury, arguing against granting a new trial for somebody convicted under her jurymandered system. But Texas law says local DA has to bring charges against corrupt officials.
Public corruption cases in Texas used to be investigated and prosecuted in Austin. But in 2015, the legislature moved responsibilities to local DAs and the Texas Rangers (sort of the state FBI, with a history of racist violence).
A recent @TexasObserver investigation found that local DAs have charged very few public officials since the system changed in 2015
The investigation was a collaboration between the @TexasObserver, @KXAN_News, @FortWorthReport, and KTEP. texasobserver.org/justice-for-so…
Expect a full story on these new developments next week in @TexasMonthly
Reminder: Rhonda Barchak's attorney told me that "dozens" of Brazoria County officials were aware of her system, including prosecutors and judges. These are the same prosecutors who are arguing Adell Jr. doesn't deserve a new trial.
The new district clerk, Donna Starkey, also testified at the trial. Her office is working with Tyler Technologies on a new, automated jury empanelment system but it remains "a work in progress." Meanwhile, no jury has been empaneled in the county since late August.
It was a hearing, not a trial. My bad
These apparent conflicts of interest are why local activists are calling for a federal investigation of Barchak and any Brazoria County officials who knew about her jurymandering. Few seem to trust the Rangers or DA Selleck.
How did I learn of Barchak's method of dividing jurors by race and geography? FROM HER OWN ATTORNEY, Chip Lewis, who told me she did it for six years. DA Selleck subsequently confirmed the method. Some activists have alleged Barchak used the system for her entire 11-year tenure
If you're a lawyer or scholar knowledgable about federal/state jury empaneling case law, please DM me!
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