Sitting in Judge Hitner’s Courtroom in the Bob E. Casey Federal Courthouse in Houston, Texas on February 18th, you would quickly realize that the level of transparency and honesty that each lawyer was willing to offer could be measured by the size of their smile.
For those of you who have read about the past hearings, you already know that the state attorney, Seth Dennis, representing Brian Encinia, has a quirky approach to lawyering in which he pretends he does not know anything while smiling largely at the judge in the traditional bromance courting ritual of white men seeking to remind one another of their common stake in maintaining injustice through the ‘good ol’ boy’ system. For instance, saying he does not know when Brian Encinia’s arraignment in the Criminal Trial is; when everyone else in the room seems to have heard it was first March 23, and then moved to March 22. Thus far, it does not seem to be working. Outwardly, Judge Hitner seems to have no time for the games and arrogance he receives from the state attorney, but only time will tell. Only through concrete rulings that compel action will we know that his refusal to enter into the flirtation is secure.
There were several topics discussed, most notably perhaps was the fact that the civil trial was not dismissed.
The attorneys for Geneva Reed-Veal, Cannon Lambert and Larry Rogers, Jr., all business as usual, were seeking access to the original video footage both from Sandra’s arrest and from the hours that she spent inside of the Waller County Jail. To which the state attorney replied, “It’s all over the internet. It’s on YouTube” as his justification for resisting doing so. In some way, it seemed that both the original footage and the Texas Rangers Report were being tied up by the Criminal Case of perjury against Brian Encinia. The judge said that the attorneys will be given access to view the footage but not remove it from the possession of the state.
Speaking only for myself, it is my impression that the relatively minor charge of perjury is the state’s way of delaying the civil trial, and not in any way a real pursuit of justice in the death of Sandra Bland on the part of the state. If they have charged him with lying in saying he had reason to pull Sandra from her car, then logic would follow that they should charge him with wrongful arrest, official oppression and assault & battery for what followed. Seeing as they have not done that, I am left to conclude that the slap-on-the-wrist charge they have entered against him is only means of delaying the justice that others seek through a civil trial, as well as distracting from calls for a DOJ investigation.
It is to be noted that the Criminal Trial and whether it will be completed in a timely manner is also cause for concern. Currently, Brian Encinia is set to be arraigned in the courtroom of Judge McCaig. This seems to be necessary because Brian Encinia’s attorney, Larkin Eakin, is husband to the County Court at Law Judge June Jackson. As a result, it appears that Encinia’s criminal trial needed to be moved to the District Courtroom of Judge Albert McCaig, who was elected on a tea party ticket that espoused racism and xenophobia, and was also the judge who recently oversaw the mistrial in the officer involved homicide of Yvette Smith in Bastrop County. One must wonder why, if he lives in Katy and is based out of Austin DPS, would Brian Encinia choose a Hempstead attorney who was married to the County Court at Law Judge if not to precipitate this series of events.
The second topic of discussion that I discerned in the Civil Trial status hearing yesterday was the long disputed Rangers Report. The FBI was in possession of a copy of the report that they had brought with them. Yet, in opening it, Judge Hitner discovered that it was excessively redacted, blacking out even the name of the officer at the scene, and told them to diminish the redactions and bring him a better copy on Monday. The FBI agreed to do so.
The third topic of discussion was the state’s desire to sever Brian Encinia from Waller County and cause there to be two separate trials. One trial against Waller County and the other against Brian Encinia. The attorney for Waller County argued that this was necessary with a deeply flawed analogy. He said that keeping the charges against Waller County connected to the charges against Brian Encinia was like holding an officer who had picked up an injured person and driven them to the hospital responsible for their injuries if they slipped and fell at the hospital. Larry Rogers, Jr., pointed out much more calmly than I would have done, that this was one sustained continuum not separate incidences. The reality was that the Waller County’s attorney’s analogy was erroneous because Brian Enicinia did not pick up an injured Sandra Bland in order to help her and give her a ride; he injured her and arrested her in order to justify doing so; creating the circumstances under which she was held unjustly and lost her life.
The third topic of discussion I discerned was the fact that the attorney for Waller County and for the state were demanding the depositions of Sandra’s mother and sisters. It was particularly painful to hear him say that he did not care where the depositions took place, “as long as it is not in Chicago.” In other words, as long as it is not in a place where the women will feel comfortable.
Concurrently, the attorneys for Geneva Reed-Veal were continuing to request the original copy of the Rangers Report that lies in their possession as is appropriate to review before the depositions. The state’s attorney was once again resistant to turning over the Rangers Report; protesting – as he had when saying the videos were already on YouTube – that the FBI was already delivering a copy of the report. It is important, however, to have both copies; especially as it is possible that they do not match.
Leaving, it seemed like a lot was still up in the air as this trial moves forward at a snail’s pace. On we journey in observing a trial between one of the large economies of the world, the state of Texas, and a grieving mother. The odds may be stacked against her, but never underestimate the power of a mother’s love and the determination of the truth to be seen and recognized. Truth is the thing, the Gospel of John says, that will set us free.
Justice delayed is not justice denied.