Inmates whose cases were delayed by Harvey to stay in jail

Nearly 60 felony suspects who waited out Hurricane Harvey in jail after prosecutors missed the statutory deadline to indict them because of the storm will remain behind bars, the Harris County District Attorney’s Office said Tuesday.

“Not one single person has gotten out because of flood delay,” said David Mitcham, the trial bureau chief for the DA’s office. “There have been a couple who have pressed the issue, and they’ve been rebuffed by the district courts.”

The delay became a countywide issue in Harvey’s wake as courts struggled to get back to work. The 20-story downtown criminal courthouse was extensively damaged by flood waters and remains closed, displacing courts and prosecutors as well as postponing all court proceedings for at least two weeks.

Area defense lawyers argued that suspects who had spent more than 90 days in custody without being indicted — which is required by state law — must be released on personal recognizance bonds. PR bonds are a type of bail in which no money changes hands before the suspect is released. It could have affected dozens of suspects accused of aggravated assaults and other felonies.

When the issue arose, the DA’s office cited a declaration by the state’s highest courts suspending statutory deadlines after Texas officials declared a state of emergency. Because it was impossible for grand juries to meet, the deadline should be suspended or extended, they argued.

That position has since been validated by rulings from state district judges, Mitcham said.

“It makes perfect sense. If there’s a disaster, you don’t let people charged with capital murder out on a PR bond,” he said. “The law is not absurd. The defense bar’s position is preposterous.”

As of Tuesday, 56 defendants whose cases were affected have since been indicted and they have not been released on PR bonds.

Tucker Graves, president of the Harris County Criminal Lawyers Association, said the protection is found in the U.S. Constitution, and a ruling from a district court in Houston can not suppress it. He said local attorneys may appeal the rulings.

“It’s a constitutional issue, and it’s really not waivable,” he said. “Even though the district courts may think they can extend the deadline, I’m not sure that’s been heard by a higher court.”