" Do you know what makes prisons disappear? Every deep genuine affection. Being friends, being brothers, loving, that is what opens the prison, with supreme power, by some magic force. Without these one stays dead. But whenever affection is revived, there life revives."

Tuesday, November 12, 2013

Texas Justice, by D. Burkett

Sharing with you a part from the latest letter from Del Burkett, writing about his son Chris Burkett.

" ... I was taken over to that county jail where he was Oct 9th, my birthday as you know. They picked me up at 12.30 PM and took 1hr/50mins to get there.
As you know, he was there for spanking his ex-girlfriend`s son, for over a year now.
Then about 5 months ago he got busted with a cell phone he said belonged to another inmate. That was another felony charge!
He and his lawyer had been fighting the spanking charge, going to court appearances about every month. We thought he was about to go to trial on that case.
I was going to be bench warranted, that`s a warrant directly from a judge, to testify in the punishment phase IF he was found guilty.
Well, Friday Oct. 4th at 6.00 PM his lawyer was notified by the prosecutor that they were starting the Trial Monday morning at 9 AM.
This is highly out of norms!
The kicker is that they were proceeding on the phone case!!!!
He hadn`t even been to an arraignment on that case, or any other preliminary hearings.
So they picked a jury on Monday, the motion hearing was Tuesday and trial was Wed., the day I was took there.
I went through the normal booking process and shuffled from one holding tank to another for the next 4 hrs. Then fingerprinted, they took mug shots and photos of all my tattoos. Then I was put back in another vehicle and reurned to my Unit, arriving here at 8.30 PM. I never made it to the courtroom at all!!

He was found guilty for possession of a prohibited item in an institution.
The best I understand is he was giving the judge the right to asses punishment instead of the jury. Somehow he thought the prosecutor was going to ask the judge for 70 years.
See, the charge carried about 2-10 I think, but with his prior convictions the state of Texas has a law called Enhancement of the sentence. For every prior conviction they move the punishment range up one level.
He was looking at 25-life.
His lawyer, prosecutor and the judge went into chambers for awhile and came out with an offer of 28 years!!
That was IF he agreed to plead guilty to the Injury to a child case!! They would drop the part saying "with intent" to commit bodily harm.
They would run the cases concurrent which means they would operate as one sentence of 28 years.

28 on each case!!

If he fought it, they would give him some big number, then if he lost the injury case at a later trial, the judge would stack that sentence on top of the phone case time.
That would mean that he would have to parole or discharge the first time, then start from the second.
So he went for the BS deal.

See, it was very obvious from the beginning that they had no case whatsover on the injury case. That`s why after 1,5 years there in jail, they still weren`t ready for trial! The event happened back in 2011!
So when his supid ass decided to use a cell phone in jail. it was like dropping a golden egg in their laps!
So they used it to get the conviction on both. That`s Texas Justice!!
Maybe that Needs to go on your Blogs!

Last I heard he was still at the county jail, as of his only a 3 year sentence before going back to the County to face this spanking case.
Much different now!

I sure wish he could get some pen pals. He is gonna be here a while.
He comes up for parole in 3 years or so, but he`s gonna get some set-offs due to his record. They were all just minor nothing sentences of 3, 10, and 3, I think.
Oh, by the way, the final judgement still read;" Injury tro a child with intent to commit bodily harm". He was suppose to be having that fixed, but I don`t know if it`s happened. Probably not.
Thats how it works in Texas!
Now because of this case, he won`t be able to get Contact Visits with his son until he`s 17 years old.
Only visits through the glass! That is what has him upset the worst......"

To write to Chris Burkett, please use the address added under "Pen Pals" on the right of this blog.