I was pleased to see the governor appoint someone to review workings of the scandal-plagued TYC -- but I believe that the first action of TYC czar Jay Kimbrough likely exceeds his mandate by deciding whether a sentence imposed by a court was appropriate rather than whether the the perp in question had completed the terms of her sentence. Kimbrough needs to be held in contempt of court, and the perp ordered back into custody.

Shaquanda Cotton, a 15-year-old black teenager who spent more than a year in the state's distressed juvenile prison system for shoving a teacher's aide in a case that raised questions of racial bias, was ordered released Friday.

She became the first juvenile inmate ordered freed by Jay Kimbrough, whom Gov. Rick Perry tapped Thursday to lead the troubled Texas Youth Commission out of an abuse and mismanagement scandal. Kimbrough told lawmakers Friday that the order had been given.

"He made a determination that she served her time and it was time to let that child out," said Sen. Royce West, D-Dallas.

Cotton could have been kept in a cell until her 21st birthday. But a public outcry about the case helped secure her release.

I'm sorry, but this is not about whether or not this perp has served her time -- it is about caving in to political pressure tinged with false accusations of racism. If that were not the case, Kimbrough's first decision would not have been about a situation receiving national attention for something other than the TYC scandal. And by determinging the appropriateness of the sentence rather than whether its terms had been fulfilled, Kimbrough has usurped the prerogatives of the judicial branch.

And at the same time, made it clear that here in Texas it is open season on school employees.

During the remaining time that the Texas legislature is in session, we need legislation imposing mandatory incarceration for students who assault school employees.

Posted by: Greg at 02:21 AM | Comments (11) | Add Comment
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