EXCLUSIVE: Secret DA Order That's Putting Felons Back on Texas Streets Blasted As 'Misuse of Office'

By Bryan Preston Jul 13, 2021

 

On March 15, 2021, about two months into his tenure, Travis County District Attorney Jose Garza (D) issued a secret standing order regarding the handling of felony cases in the county. It went into effect immediately..............Garza’s standing order opens with “In the interest of justice and fairness for all persons arrested for felony crimes,” never mentioning crime victims. In fact, the secret order fails to mention victims of crime even one time. It is solely focused on the DA’s power to decline to prosecute arrestees, and what it demands the Travis County Sheriff’s Office should then do when Garza’s office declines prosecution.

“The Travis County District Attorney’s Office will review probable cause affidavits for felony charges brought to the CBF (Central Booking Facility) by arresting agencies in Travis County,” the order says, further saying that after its review of those felony charges, “if the Assistant District Attorney determines, in their discretion, to reject the charge(s) listed in the affidavit…the Assistant District Attorney will provide notice of rejection to the Travis County Sheriff’s Office personnel.” The order then demands that the Travis County Sheriff’s Office release the arrestee. “This order functions as a release card in all cases where the prosecutor has submitted their rejection of the charges,” it says.

The order makes no mention of lesser included charges, which can be lesser felony, misdemeanor, or other charges, and are often determined to be viable in cases even when the initial felony charge may not apply after review or investigation....................

 DA Garza’s tenure has already come under scrutiny multiple times since he took office in January 2021. Crime is skyrocketing on his watch, while he has openly prioritized prosecuting cops on cold cases that have already been investigated. He has set up a catch and release system that put an 8-time felon back on the streets, where he perpetrated a 10-day armed robbery spree and led law enforcement on a chase from just outside Houston into Austin. 

More recently, an assistant prosecutor quit the office, claiming Assistant District Attorney Trudy Strassburger ordered her to delete evidence from case files. The Austin Police Association has called for an investigation into this disturbing case. If the name in that case rings a bell, Strassburger is the same assistant district attorney who solicited for lawyers who want to prosecute police officers to apply for work with the Travis County DA’s office. 

The Travis County district attorney’s priorities are more than clear with Garza at the helm: ignore crime victims, hastily release felons and accused felons, and prosecute police officers................To Read More....