Bill of Rights Dinner 2010

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TCRP presents the 20th Anniversary Bill of Rights Dinner
Friday, October 1, 2010
Reception & Silent Auction 6:30
Dinner 7:30
University of Texas Alumni Center
2110 San Jacinto Blvd., Austin
With keynote speakers Jennifer Thompson & Ronald Cotton
She sent him to prison for 11 years for a crime he did not commit. Hear their astonishing story of forgiveness and friendship at the 20th Anniversary Bill of Rights Dinner.
Raped at age 22, Jennifer Thompson’s emotional eye-witness testimony sent young Ronald Cotton to prison, not once, but twice. After eleven years, Cotton was eventually freed thanks to his persistence in proclaiming his innocence and the development of sophisticated DNA tests. Thompson credits Cotton with teaching her the healing power of forgiveness and grace. Together, they have successfully lobbied state legislators to change compensation laws for the wrongly convicted. Their New York Times best-seller, Picking Cotton, reveals their unusual story and vividly underlines the fallacy of eyewitness accounts of crime.
TCRP is also proud to honor:
Jordan Smith, Austin Chronicle journalist
with the Molly Ivins “Give ‘Em Hell” Award
for fighting the good fight in more than 1,200 articles
and
Latreese Cooke
with the Henry B. Gonzalez Civil Rights Award
for advocating for grassroots justice in Bastrop County
TCRP also proudly presents the Pro Bono Champion Award to:
Jessie Amos, DLA Piper
Zeke DeRose III, Vinson & Elkins
Amy Eikel, King & Spalding, LLP
with honorable mentions
David George, Connally Baker
Pete Kennedy, Graves, Dougherty, Hearon, & Moody
For tickets and more info, contact Susan Harry at 512-542-9744 or susan@susanharry.com
TCRP 2010 Summer Law Clerks

Kevin P Blodgett
I am originally from San Antonio, Texas, where I graduated from Trinity University with a B.S. in Biology. Originally, I wanted to follow in my mother’s footsteps and attend medical school. However, after participating in the San Antonio Meals on Wheels program, I was exposed to numerous social injustices that drastically impacted my political outlook and social conscience. With a new-found passion for civil rights and battling income inequality, I worked for several progressive local and national political campaigns in 2008 before completing my first year of law school at Tulane University. This summer, I am excited to have the opportunity to work for the Texas Civil Rights Project on impact litigation, particularly in cases involving disability law. When I have free time, I enjoy playing basketball, rock climbing, and listening to live music.

Ruben Matthew Enriquez
Ruben Matthew Enriquez will be working with the Austin office of TCRP during the 2010 Summer as a law clerk. He grew up in the Rio Grande Valley, in South Texas, and just finished his second year at The University of Texas School of Law in Austin. He graduated from The University of Texas – Pan American, where he studied political science.

Elizabeth Griffin
Originally from Arlington, Texas, I studied History and Sociology at the University of Texas at Austin. I have just finished my first year at Duke University School of Law and have found myself increasingly interested in civil rights. Working at TCRP will not only provide me with an opportunity to learn more about civil rights law but will also permit me to work directly with the community. I grew up with parents who experienced discrimination on a daily basis which has led me to value diversity, equality and tolerance. I look forward to helping protect those principles now.

Peachie Jones
I was raised in Paducah, Kentucky, but I am glad to return (for at least the summer) to where I was born – Texas! Just as my life has bounced from one place to another (AZ, CA, KY, NV, NY, TX, UT), my path to the Texas Civil Rights Project has also been indirect.
My legal pursuits began when I worked with a juvenile justice non-profit as an undergraduate. The non-profit, Fresh Lifelines for Youth, was effectively ending recidivism in the Bay Area child by child. I was quite impressed and decided to go to law school so I could make a difference in the lives of other youth. My curiosity, however, has taken me from one form of public interest work to another: inmate class action lawsuits, appellate judicial externship, inmate GED tutoring, Attorney General’s Office, juvenile public defender’s office . . . and now to TCRP.
I was reminded by a friend that at age six I ran in from school and expressed my displeasure that the boys made me sit at the back of the bus! I like to think I have been speaking out against mistreatment since my youth. I hope to gain more perspective and experience in pursuing social justice from my work here at the Texas Civil Rights Project!

Jillian (Jill) Pizza
I am originally from Toledo, Ohio and just finished my second year of law school at the University of Cincinnati. I graduated from Providence College in Rhode Island where I double majored in Sociology and Women’s Studies. As I was finishing school, I realized that I wanted to have a more tangible impact on society and work to create change by interacting with individuals–so I decided to attend law school. When I first began I intended to focus on international human rights, but as I experienced different areas of the law through school and work I realized I craved more direct community involvement.
Through my experience in both government work and in public interest organizations I have taken a great interest in the need for legal assistance for those who cannot afford it as well as the need to remedy unresponsive legal systems. Working at TCRP this summer I know I will gain invaluable experience, further my commitment to human rights domestically, and give myself the opportunity to provide legal assistance to those most in need. I chose to work at TCRP because it will provide me with the opportunity to explore the world of civil rights litigation as well as allow me to further my ultimate career goal in reforming the prison system in the United States.

Michelle V Smith
I was born in Barbados and grew up in Maryland. I just finished my second year at The University of Texas School of Law in Austin. I graduated from Millsaps College in Jackson, Mississippi with degrees in Spanish and Sociology, and a minor in Gender Studies. I knew that I wanted to work in public interest before I even attended college, but my commitment grew as an undergraduate when I did a criminology internship with a Public Defender’s Office. During that time I worked on a minor’s murder trial, and I also spent time at the women’s jail learning about the inequities that our underprivileged clients encountered. This experience inspired me to attend law school and acquire the tools necessary to eradicate social injustice. I am glad to have the opportunity to work with TCRP to make a contribution to their cause, and to learn more about civil rights and impact litigation.

Marni von Wilpert
I am originally from San Diego, CA where in my free time I enjoy swimming with friends at the many beaches along the Pacific Ocean and playing water polo. In 2005, I received a degree in Peace and Conflict Studies at the University of California, Berkeley. After graduating, I worked as a case manager for victims of domestic violence at the San Diego Family Justice Center before joining the Peace Corps in 2006. During my time in the Peace Corps, I worked with a small community in Botswana providing HIV/AIDS education as well as treatment and care for people living with HIV/AIDS.
At Fordham University School of Law, I am part of an international human rights course in which I recently returned from a human rights fact-finding trip to Tanzania, focusing on women’s abilities to access adequate housing in the growing urban areas. My time at Berkeley really opened my eyes to the civil rights abuses occurring on a daily basis in many parts of our country, and ignited my passion for seeking social justice. I am thankful for the opportunity to work at TCRP because this internship provides me with hands-on training in civil rights litigation. I chose to pursue a career in civil rights litigation because I understand that a legal education gives lawyers a privileged position in the complex society in which we live. I am passionate about using this privilege to help make the law more accessible to people who need it the most yet are likely to be able to access it the least.

Janine Wetzel
Janine Wetzel grew up in Stillwater, Oklahoma, and attended St. Olaf College in Minnesota. She graduated from St. Olaf in 2005, with a B.A. in political science. Thereafter, she moved to Mississippi to teach 8th grade math through Teach For America; she taught there for 2 years. Janine is a rising 3L at Stanford Law School, where she is active in the following organizations: Black Law Students Association, Women of Stanford Law, and the Law Review; she also participated in the Youth & Education Law Project (Clinic). During her 1L summer, Janine split her time between the Bronx Defenders, where she worked with two misdemeanor attorneys, and a plaintiff-side fair housing firm, Brancart & Brancart. Long-term, Janine is considering pursuing work in civil rights litigation or criminal law. She plans to return to the South or Midwest after she graduates.

Robert Earnest Williams II
Robert Earnest Williams II is a native of Tallahassee, Florida. He is an honored veteran of the United States Marine Corps where he boldly served in the Iraqi War (Operation Iraqi Freedom). Robert is a proud alumnus of Florida Agricultural and Mechanical University, where he received his Bachelors of Arts in English. After graduating, Robert interned with the Florida Commission on Human Relations (FCHR)—the state’s intermediary civil rights agency in 2005 and 2006. While interning with FCHR, Robert conducted individual case analysis/research for various housing and employment violations.
In 2007, passionate about civil rights and advocacy, Robert began his career at ACORN Housing where he assisted first-time homebuyers in their pursuit of home ownership. As the country’s housing market began to drastically decline, his role as a housing counselor increased, and he acquired a mass of foreclosure and delinquency responsibilities. His personal goal for each case was to swiftly mitigate all losses in an effort to ensure each individual an opportunity at a complete financial recovery. In Harris County alone, Robert was personally responsible for saving at least 20 homes from foreclosure and numerous others from delinquency.
In the fall of 2008, Robert entered Thurgood Marshall School of Law (TMSL). During his first year, he participated in the National Navy JAG Moot Court competition where his team competed against law schools from all across the country. He was the only first year student to participate in the competition. After the completion of his first year, he interned with Brooker, Richardson, and Associates, where he learned the rigors of criminal law and the criminal court system. Robert recently was awarded a full-time/12-week summer internship with the Texas Civil Rights Project in Austin, Texas. After completion of law school Robert plans to further build upon his passion for civil rights and advocacy through either governmental, non-profit, or private practice. He is truly grateful to everyone that has supported him in his endeavors, and hopes that one day he will be able to do the same for others.

Blerina Xeneli
I was born in Tirane, Albania and moved to Bronx, NY when I was 12 years old. As a philosophy major at Bard College, I realized that I really enjoy working with words and ideas. However, I also want my words and ideas to make an impact for the better in real life and I think that studying law is the best means for accomplishing this goal. Through my involvement with the Food Stamp Advocacy Project and StreetLaw during my first year at law school, I saw that using the law as a tool to give a voice to those that do not always have one in the political process is the kind of work that has a direct positive impact on the lives of others and that I find the most meaningful and fulfilling. This is why I am drawn to the work that TCRP does and I feel confident that my experience here will train me to be a better lawyer and advocate for those who are most in need of legal services.

KeyPoint review lawsuit is settled
City agrees to pay $12,000 to group (TCRP) that sought Sanders shooting report’s release
By Tony Plohetski
AMERICAN-STATEMAN STAFF
Austin city officials plan to pay about $12,000 in legal fees to a civil rights group in exchange for the organization withdrawing a lawsuit that sought the results of an outside review into a fatal police shooting.
A judge has not signed off on the agreement between the city and the Texas Civil Rights Project, but officials said they expect to resolve the matter in coming days.
Project Director Jim Harrington said the group decided to drop the suit, filed in April, after city officials released the report by KeyPoint Government Solutions in May and agreed to pay the fees.
City leaders had said for nearly eight months that a full copy of the report, which reviewed the actions of senior police officer Leonardo Quintana in the fatal shooting of Nathaniel Sanders II in May 2009, was confidential.
They changed that stance after an American-Statesman story that showed the city had released a similar report in 2004.
“We got what we wanted, and the report is out,” Harrington said. “There is nothing more to litigate.”
He said state law allowed the civil rights project to seek the legal fees, which the court set based on the number of hours lawyers and clerks spent on the case.
City spokesman Reyne Telles said Wednesday that officials chose to “move on from this issue” and have “elected to have the case resolved in such a manner.”
“We will be paying the attorneys’ fees in order to close the case,” Telles said.
The action did not meet the financial threshold that would have required City Council approval.
Officials have said that Quintana fatally shot Sanders during a struggle for a gun in an apartment complex parking lot. Quintana was suspended for 15 days for failing to activate his patrol car camera but was not disciplined for his tactics or use of deadly force. He was fired from the force in May after a drunken driving arrest this year.
Last year, city officials hired KeyPoint to review the shooting but released only a heavily redacted copy of its report.
Officials cited state law, which said that only information relating to allegations for which Quintana was disciplined could be made public.
They later clarified a contract with the police union and released the report.
City Attorney David Smith, whose legal department had said that the report was confidential, retired from the city in May and took responsibility for the handling of the report’s release.
Council Member Chris Riley said Wednesday that he thinks the city’s payment of attorney fees to the civil rights project is appropriate.
“I wish that we had found a way to release (the report) sooner, and I think that the city bears some responsibility for the fact that it wasn’t released sooner,” he said.
Council Member Sheryl Cole said she considers the city’s agreement to cover the project’s legal fees “a down payment on moving forward in a positive direction with Harrington and his organization to address the complex social issues facing our community.”
From the TCRP Inbox
The real key point – more likely rhetorical question – I have from this whole mess, is why on earth would the city attempt to give supernumerary rights (reports kept confidential) to a public safety union contact, rights sufficient to trump the Texas Public Information Act?
More proof I guess that it is the public safety unions, more than any other body or persons, that determines who serves on City Council, including who de facto runs our dear city.
So long David Smith for defending the indefensible. Thank goodness for the TCRP.
Best,
(signed) R— V—
TCRP Press Release
TCRP Settles Open Records Lawsuit against City of Austin
City Released Sanders Shooting Report While Case Pending
AUSTIN, TX–The Texas Civil Rights Project agreed to dismiss its successful Texas Public Information Act (PIA) lawsuit against the City of Austin, following the City’s release of an independent report on a fatal police shooting. TCRP requested the City disclose the report under the PIA, but the City chose to keep the report secret. A hearing was held, and the judge was expected to rule when the City preemptively released the report before the judge could act.
On May 11, 2009, Austin Police Officer Leonardo Quintana shot and killed Nathaniel Sanders II, and seriously injured Sir Lawrence Smith. Following the shooting, the City hired KeyPoint Government Solutions, a respected New York -based company, to investigate the shooting. The City taxpayers paid KeyPoint $50,000.
“It’s obvious the report was released because the City knew it was going to lose the lawsuit.” said Scott Medlock, TCRP staff attorney. “For months, there was no action to make this report public. Right after the hearing in TCRP’s case, the City decides to release the report. This lawsuit is a victory for open government and police transparency.”
Redacted version released to TCRP by the City of Austin on March 1, 2010 (pdf 2.5mb)
* * * * *
Unredacted version released to the public by the City of Austin on May 13, 2010 (pdf 1.2mb)
* * * * *
Compare the Sanders Shooting Reports
A Tale of Two Reports: The KeyPoint Report on the shooting ot Nathaniel Sanders II
Redacted version released to TCRP by the City of Austin on March 1, 2010 (pdf 2.5mb)
* * * * *
Unredacted version released to the public by the City of Austin on May 13, 2010 (pdf 1.2mb)
* * * * *
* * * * *
TCRP Press Release
City of Austin Releases Police Shooting Report in wake of TCRP Lawsuit
Report Finds Officer Used Excessive Force in Fatal Shooting
AUSTIN, TX — Under pressure from the Texas Civil Rights Project, the City of Austin finally released an independent report on a fatal police shooting, after a hearing in a lawsuit brought by TCRP. TCRP requested the City disclose the report under the Texas Public Information Act, but the City chose to keep the report secret. The City acted before the judge was to rule in TCRP’s lawsuit.
On May 11, 2009, Austin Police Officer Leonardo Quintana shot and killed Nathaniel Sanders II, and seriously injured Sir Lawrence Smith. Following the shooting, the City hired KeyPoint Government Solutions, a respected New York-based company, to investigate the shooting. The City taxpayers paid KeyPoint $50,000.
The KeyPoint report in its complete, unredacted format is available at the TCRP website along with the redacted version. TCRP has also prepared a file (in pdf format) that highlights which portions of the complete report were redacted when the City first released the document to TCRP on March 1, 2010.
Among other findings, the report concludes:
- The officers were reckless and acted unreasonably;
- Officer Quintana violated APD policy, unnecessarily used deadly force, and failed to use sound police tactics;
- Had the officers acted properly, Mr. Sanders might still be alive.
The report also reveals for the first time:
- A witness complained to APD investigators that Quintana was biased against African Americans, and the City’s investigators did not follow up on this allegation;
- Before Mr. Sanders’ death, citizens had made fourteen other complaints against Quintana, including nine complaints about excessive force, and one complaint Quintana used a taser on someone who was handcuffed.
“It’s obvious why the City didn’t want this report to get out,” said Scott Medlock, TCRP staff attorney. “The report is damning, but its release is a major victory for open government. The City tried every trick in the book to keep this report from the public. It’s pathetic it took a lawsuit to get them to change their tune.”
Federal agencies find in favor of dismissed worker

Francisco Alarcon
El Diario de El Paso March 23, 2010
Eric Murillo, an El Paso worker who noticed unsafe working conditions at his place of employment [Chaffhaye, Inc.], was fired in June 2009 because of his attempts to organize his co-workers to demand a safer workplace.
Yesterday, however, he was congratulated in front of the Federal Building for winning what is considered a historical labor rights case in the National Labor Relations Board, forcing safer working conditions in the Chaffhaye plant. Chaffhaye is devoted to production of forage and livestock feed.
In May and June of 2009, Murillo worked as a driver for the company, according to his legal representative from Paso del Norte Civil Rights Project, Chris Benoit. Mr. Murillo realized that working conditions were unsafe, unfair, and violated federal guidelines. He chose not to stay silent.
The El Pasoan talked with his co-workers and organized a meeting to consult with legal counsel about their rights. The company vehicles were dangerous; the workers were in the field for more than 12 hours without water and had no protection for using heavy machinery required for their profession.
“Chaffhaye Inc. told him that if he kept talking to other employees, he would have to leave the company,” according to reports. It is against federal law to fire an employee when they exercise their right to organize or express discontent about the company.

Eric Murillo in the company of family and friends
(photograph: Jorge Jimenez / El Diario de El Paso)
“Employers must comply with the law,” Benoit said, adding that by taking his case before the National Labor Relations Board, Murillo pushed the Occupational Safety and Health Administration to conduct on-site inspections that resulted in fines for hazardous conditions. In addition, Mr. Murillo signed a settlement that forces Chaffhaye to place signs in plain view for the staff to see that indicate that no worker would be fired for talking about their working conditions. The company will also pay him backpay for his dismissal.
“Although the safety conditions were atrocious, more disturbing is the fact that the company blatantly fired an employee who attempted to improve the work environment,” added the lawyer. “The success of Mr. Murillo must show workers that they do not have to fear their bosses.”
Falla Corte Federal a favor de trabajador despedido
Francisco Alarcón
El Diario de El Paso 23-03-2010
Eric Murillo, un obrero paseño que notó condiciones de trabajo peligrosas en la compañía en la que laboraba, fue despedido de la misma cuando en Junio del 2009 intentó reunir a sus compañeros para exigir más seguridad y la empresa lo amenazó con correrlo.
Sin embargo, ayer se congratuló frente a la Corte Federal al haber ganado lo que se considera un caso histórico de derechos del trabajador en la Junta Nacional de Relaciones Laborales, forzando así medidas más seguras en el ambiente de trabajo de la compañía Chaffhaye, dedicada a la producción de forraje y alimento para ganado.
En Mayo y Junio del 2009, Murillo se desempeñaba como chofer en esa empresa. Según dijo su representante legal del Proyecto de Derechos Civiles Paso del Norte, Chris Benoit, el hombre se percató de que las condiciones de trabajo eran inseguras e injustas, aparte de que iban en contra de lineamientos federales y los patrones no habían hecho nada al respecto, por lo que no quiso quedarse callado.
El paseño habló con sus compañeros de trabajo y organizó una junta para consultar con asesores legales los derechos que les correspondían. Los vehículos de la compañía eran peligrosos para ser manejados, los trabajadores estaban en el campo por más de 12 horas sin tener agua disponible, y no contaban con la protección para utilizar la maquinaria pesada requerida para su oficio.
“Y lo que hizo Chaffhaye Inc. fue decirle que si no dejaba de hablar con los demás empleados, se iba a tener que ir de la empresa”, según informes, los cuales especifican que va en contra de la ley federal el realizar ese tipo de acción pues cualquier empleado tiene por derecho el organizarse para expresar descontentos e informárselos a la compañía para la cual trabaja.
“Los empleadores tienen que cumplir con la ley”, dijo Benoit, quien indicó que al llevar su caso frente a la Junta Nacional de Relaciones Laborales, Murillo logró que la compañía fuera sujeta a inspecciones y las condiciones peligrosas salieran a la luz. Además, se forzó a Chaffhaye a poner a la vista de sus empleados letreros en donde se anunciaba que ningún trabajador sería despedido por hablar de sus condiciones de trabajo.
“Aunque el escenario laboral fuera atroz, es más perturbador el hecho de que la compañía despidió descaradamente a un empleado que intentaba mejorar el ambiente de trabajo,” agregó el abogado. “El éxito del señor Murillo debe mostrar a los trabajadores que no tienen que esconderse y temer a sus patrones.”




