Houston Chronicle

DA voices sympathy for rape victim

Anderson voices concerns, draws a rebuke from opponent Ogg

- By Brian Rogers

District Attorney Devon Anderson expresses sympathy over the jailing of a mentally ill rape victim for almost a month to ensure the attacker’s conviction and says the office is working with an advocacy group to avoid similar situations.

Harris County District Attorney Devon Anderson on Monday expressed sympathy over jailing a mentally-ill rape victim for almost a month to ensure the attacker’s conviction and said the office now is working with a national mental health advocacy group to avoid similar situations.

The 25-year-old woman, identified in court documents as “Jane Doe,” was jailed over the Christmas holiday in order to make sure she testified against serial rapist Keith Edward Hendricks, who was sentenced to two life sentences.

The situation has dogged Anderson since last week, when the victim, who has been diagnosed with bipolar disorder and schizophre­nia, filed a federal lawsuit against the county alleging that she was put in general population, where she was attacked, then incorrectl­y medicated until she broke down and was beaten by a jailer.

After the allegation­s were reported across the country, the National Alliance on Mental Illness called for an independen­t investigat­ion, saying, “It is inexcusabl­e to jail someone experienci­ng a ‘life threatenin­g mental health crisis,’ ” the term Anderson first used to describe the woman.

On Monday, a spokesman said the DA’s office is trying to make sure a repeat of the jailing is avoided in the future.

“We feel for this victim, and what happened to her shouldn’t have happened,” said Jeff McShan. “We are asking (the mental illness group) to work with us on finding solutions so when a person with lifethreat­ening mental issue is refusing help, we can get it for them.”

He said those solutions could even mean advocating for legislativ­e changes but did not elaborate.

In addition to consternat­ion from victims rights groups and mental health advocates, the woman’s plight has provided an

“We feel for this victim, and what happened to her shouldn’t have happened. We are asking (the mental illness group) to work with us on finding solutions so when a person with life-threatenin­g mental issue is refusing help, we can get it for them.” Jeff McShan, spokesman for the DA’s office “Anderson says she doesn’t want crime victims to think that they will be thrown in jail yet continues to defend the decision to do exactly that. She can’t have it both ways. This type of heavy-handed prosecutio­n abuse must stop.”

Kim Ogg, Democratic challenger for the DA job

opening for Kim Ogg, Anderson’s Democratic opponent in November’s general election, who renewed calls Monday for an independen­t investigat­ion and sent out fundraisin­g emails about the situation.

‘Can’t have it both ways’

On Tuesday, Ogg is expected to roll out a plan to focus on sexual assault crimes, beginning with, “Never put crime victims in jail to secure a conviction.”

“Anderson says she doesn’t want crime victims to think that they will be thrown in jail yet continues to defend the decision to do exactly that,” Ogg said in statement released late Monday. “She can’t have it both ways. This type of heavy-handed prosecutio­n abuse must stop.”

At a news conference in front of the Harris County jail, Ogg is expected to detail specific policies outlining the treatment of mentally ill victims and her plans to create a sexcrime division in the office, if elected.

Anderson has faced a chorus of criticism because of the victim’s allegation­s, laid out in a 33-page lawsuit filed last week in a Houston federal court. Her attorney, Sean Buckley, has said the county could be liable for millions of dollars for what he called “laziness.”

“It goes beyond just negligence,” Buckley has said.

Like other young women who end up homeless on the street because of mental illness, the victim was targeted by a sexual predator. She was violently raped in 2014. Since then, she was able to stay on her medication. She got engaged and moved to Longview, where she had an apartment with a man she has since married.

Breakdown in court

In Houston, prosecutor­s and district attorney’s investigat­ors were able to build a case against Hendricks and on Dec. 7 bring the woman back for the trial.

The next day, she had a psychologi­cal breakdown as she tried to tell her story on the witness stand and was committed to a psychiatri­c ward in a hospital. To make sure she returned, prosecutor­s secured a court order to jail her as a material witness.

When she was released from the mental ward on Dec. 18, an armed investigat­or with the district attorney’s office handcuffed her at the hospital and took her to the Harris County Jail.

In jail, she was treated as a suspect of sexual assault and not a witness, according to the lawsuit. The sheriff ’s office has said she was put in the general population because there was no order to isolate her.

While behind bars, she was attacked by another inmate, according to her lawsuit. She apparently did not receive her medication regularly, and when she was found in a jail cell screaming at a wall, hands raised to the sky for God to help her, she had an altercatio­n with a jailer.

According to jail records, she punched the female jailer, who then punched her face, giving her a black eye.

She testified with the black eye and stayed behind bars for days even after testifying. She was released on Jan. 14, more than a month after she was first committed.

 ??  ?? The case may continue to dog District Attorney Devon Anderson, left, as she faces Democratic challenger Kim Ogg in November’s election.
The case may continue to dog District Attorney Devon Anderson, left, as she faces Democratic challenger Kim Ogg in November’s election.
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 ?? Michael Ciaglo / Houston Chronicle ?? Harris County District Attorney Devon Anderson points out the record of a serial rapist who was the focus of testimony from a woman who was jailed for almost a month to ensure she would appear in court.
Michael Ciaglo / Houston Chronicle Harris County District Attorney Devon Anderson points out the record of a serial rapist who was the focus of testimony from a woman who was jailed for almost a month to ensure she would appear in court.

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