Austin American-Statesman

Funding hinders sex assault cases

Agreement paves way for local prosecutio­n of cases, but agencies won’t receive funding to cover costs.

- By Jeremy Schwartz jschwartz@statesman.com

For decades, sexual assaults committed by juveniles at Fort Hood fell into what some former prosecutor­s have described as a jurisdicti­onal black hole that stymied legal action.

A 2015 American-Statesman investigat­ion found that 39 juvenile sexual assault allegation­s at the 215,000-acre Central Texas military installati­on between 2006 and 2012 resulted in no federal prosecutio­ns and just a few cases sent to local county prosecutor­s.

“This routine failure by the federal government to prosecute these cases resulted in numerous juvenile sex offenders escaping any sort of accountabi­lity for their crimes,” an internal Fort Hood memo read. “It left just as many juvenile victims and their families without justice.”

After the report, local lawmakers, including U.S. Sen. John Cornyn and U.S. Rep. John Carter, called for action and Fort Hood officials began a series of meetings with the U.S. attorney’s office in Waco and prosecutor­s in surroundin­g Bell and Coryell counties to create a system to fix the situation.

After coming to an agreement with both counties in 2017, officials now say they are hopeful that the formal mechanism to refer cases to local prosecutor­s will ensure juvenile cases on Fort Hood get prosecuted, either in the federal or county system.

With the agreements, Fort Hood joins just a small number of mil-

itary installati­ons that have formally addressed the issue of juvenile sexual assault prosecutio­ns. A recent Associated Press investigat­ion found at least 600 juvenile sex assault cases on military bases, many of which did not result in prosecutio­n. In Texas, AP found 41 cases at Fort Hood since 2007 and 10 at Fort Bliss in El Paso.

Deborah Critten of San Antonio, whose story was chronicled by the Statesman after neither federal nor local authoritie­s prosecuted the boy accused of molesting her son, called the agreement a good beginning. “I am encouraged,” she

said. “They’ve come a long way from where they started. ... I’m happy that they are at least admitting that there’s a problem and that there needs to (be) a solution.”

Prosecutio­ns aren’t solely a question of justice; they can trigger services for vic- tims and lead to treatment and rehabilita­tion for young offenders.

The problem lies in the layers of jurisdicti­on found on most military bases. While the military justice system governs active-duty sol- diers on installati­ons like Fort Hood, it has no author- ity over civilians, including juveniles. Federal prosecutor­s assume that responsibi­l- ity, but the federal system is in many ways ill-equipped to handle juvenile cases.

The Fort Hood agreement notes that in some instances the federal criminal justice system “lacks the facilities, resources and expertise” to rehabilita­te juveniles and that state authoritie­s “may be better equipped to address juveniles’ needs.” But the agreement comes

with a big caveat that could hinder local prosecutio­n: Local government­s won’t receive any additional fund- ing from Fort Hood or the federal government. The agreement acknowledg­es the lack of funding might prevent counties from tak- ing all cases referred to them

and says federal authoritie­s would pick up prosecutio­n in those instances.

Coryell County Assistant District Attorney Scott Stevens said his county’s lim- ited budget for treating juve- nile offenders would make it impossible to take every case. “If we took every juve- nile offense on Fort Hood, that would definitely overrun our system,” he said. “In an ideal world, would there be more funding? Sure.”

So far, no new cases have been funneled to the coun

ties using the new agreement, and it’s not yet clear how often that clause would be invoked, said Waco-based Assistant U.S. Attorney Mark Frazier.

But Critten said she is worried that cases like hers might have been considered too costly: “The bigger crimes are likely the most expen- sive to adjudicate.”

Bell County Judge Jon Burrows said his county remained “committed to handle the cases with or without federal assistance.”

Some have called on lawmakers to provide reli- able funding to state and local prosecutor­s. Carter,

the Round Rock Republi- can whose district includes Fort Hood, told the States- man he is looking at wider fixes, but he did not specif- ically address funding.

“I’m encouraged to see Fort Hood has come to an agreement with the respec- tive counties, so that these cases can be properly addressed in court, and I’m currently exploring options to ensure that they don’t slip through the cracks in

the future,” he said. After the Statesman investi- gation in 2015, the U.S. Army requested that installati­ons across the nation re-examine their handling of juvenile crime “as situations arise.” This week, Defense Depart- ment officials told AP report

ers that prosecutio­n of juve- nile sexual assaults was “an emerging issue” that merited further review.

Following the AP investiga- tion, the U.S. House Armed Services Committee began its own examinatio­n of the issue and several senators demanded more informa

tion from the Pentagon about juvenile sexual assault cases.

Another solution that some military and local leaders have pursued is retrocessi­on, in which the military cedes jurisdicti­on of all juvenile crime to state officials. Joint Base Lewis-McChord in Washington state gave its juvenile jurisdicti­on to state authoritie­s after a high-profile case two decades ago in which a juvenile accused of rape was never prosecuted.

But retrocessi­on remains rare and in this state is complicate­d by a 1981 Texas attorney general opinion that says the state must “affirmativ­ely” accept any jurisdicti­on ceded by federal authoritie­s.

Fort Hood legal officers have periodical­ly called for a better system. In 2008, they called for a plan to “establish routine transfers of appropriat­e cases” to local counties. In 2012, they urged Fort Hood leaders to consider retrocessi­on.

In 2005, a Fort Hood investigat­or complained about the lack of action against a 16-year-old boy accused of molesting a 5-year-old girl. “(T)his office has contacted the various appointed (prosecutor­s) to determine what action if any, was going to be pursued,” the investigat­or wrote in a letter to the U.S. attorney’s office in Waco. “As of this date, no prosecutio­n was ever initiated.”

 ?? RALPH BARRERA / AMERICAN-STATESMAN ?? Fort Hood has joined the small number of military installati­ons that have formally addressed the issue of juvenile sexual assault prosecutio­ns. An Associated Press investigat­ion found at least 600 juvenile sex assault cases on military bases, many of...
RALPH BARRERA / AMERICAN-STATESMAN Fort Hood has joined the small number of military installati­ons that have formally addressed the issue of juvenile sexual assault prosecutio­ns. An Associated Press investigat­ion found at least 600 juvenile sex assault cases on military bases, many of...

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