This week, I was working on the protest of an upcoming parole consideration. 20 years ago, defendant kidnapped and sexually assaulted a deputy when she attempted to question him regarding an accident on a highway. He got life in prison.

In checking with the people at TDCJ who should know these things, it became apparent that they didn't know some things.

First, they were unaware of another life sentence for the same defendant arising from Travis County. It wasn't on the parole notice. And Travis County had not been notified so they could protest, too.

Second, they were treating the case as a parole panel case. That means the defendant only needed the vote of 2 out of 3 panel members to get out. But, because the offense was aggravated sexual assault, it should have been submitted to the entire parole board for a 2/3rds majority vote.

Third, that 2/3rds vote should have meant the defendant needed 5 out of 7 votes (did you know the parole board was reduced from 18 to 7 members last session?). But, because only 6 members of the board have so far been appointed, the defendant only needs 4 votes to go free.

As our old cases come up for parole, are they all going to be this inconsistent? Are you checking on your cases?

Hey John -- If you haven't already, you might want to notify TBPP Gen Counsel, Laura McElroy at (512) 463-1702, to let her know about the notification problems. She needs to know if her board members/commissioners aren't getting complete info, and she's always good about trouble-shooting situations.

Hmmmm. Didn't they cut the # of board members and create commissioners and some of the old board members are now in the new commissioner slots? Sounds like a legislative shell game.

I've already spoken to Laura. As always, she has been a great help in getting things corrected. We just have to be vigilant.