A defendant on one of my cases pled 2 months ago to 5 TDC. He is already up for parole and the victim called me upset (understandably...).

Anyway, this was a particularly bad offense where he didn't get what he should have gotten, but there were proof and suppression issues. I'd like to write a letter myself (and on behalf of the DA's office). I've gotten the go ahead from my boss.

I was just wondering if there was anyone out there who had taken a special interest in one of their cases and written a letter to the parole board? If so, I was hoping I could read it... just to see what other people of said and what boundaries you used...

I'd really appreciate any tips as well.

email is kelsey.mckay@co.travis.tx.us

Thanks!

Our victim/witness coordinator, Irene Odom, helps train volunteers on this issue. We regularly select cases for parole protest letters and include supporting information that we believe would help the board members review the case. Give Irene a call for some suggestions.

Be careful what you write, though. I have seen many victims get out of hand with what they write and they can end up being sued for defamation.

Show us one, just one, example of such a lawsuit.

If exaggerated claims by litigants were a basis for lawsuits, then prosecutors would be rich indeed from the claims made by defendants.

Actually, I think I was sued about a dozen times by an inmate over a letter I wrote to the parole board. So, such lawsuits exist. However, if you goal in life is avoiding being sued by inmates, you might want to consider a career other than prosecuting.

You will be glad to know that writing letters to the parole board is covered by prosecutorial immunity. See Johnson v. Kegans, 870 F.2d 992 (5th Cir., 1989) and Pinaud v. County of Suffolk, 52 F.3d 1139 (2d Cir., 1995). So, inmate lawsuits on this basis get dismissed rather quickly.

My guy was eventually sanctioned by multiple federal districts in Texas. I also believe that the Supreme Court ordered its clerk to quit accepting his civil filings. Notably, they accept lawsuits from accused terrorists in Cuba but even they were tired of this guy. To check out some of his many lawsuits, type in Rogue w/5 Aranda using the terms and connectors search in LEXIS' state and federal case database. Unfortunately, some of the better opinions from lower courts are not online (One federal judge actually went to the effort of listing this guy's previous frivilous lawsuits. I think there were over 100.).

I'm guessing you were NOT sued for demamation. Thanks for the cases on immunity, though.

I have seen offense reports added as attachments to the letter from the DA in particularly bad cases.

I too had sucess in the distant past attaching reports, but make sure you point out the most salient facts in your letter and reference them. Parts of trial transcipts and Victim Impact Statements may also say what you want better than you can.

Actually JB, I think he did sue for defamation. As I recall, he claimed that I not only defamed him but also the entire country of Mexico. (Mr. Aranda was an illegal alien who had already been deported twice and had been ordered deported a third time when he committed the burglary that I prosecuted him on.) With nearly a hundred lawsuits, Roque was pretty thorough in suing for everything.

Sounds like you survived the accusations. Thanks for being willing to let the parole board know about the crook's history.