Dallas-Forth Worth, Texas — A week after the arrest of 10 protestors at a demonstration at Prairieland ICE Detention Center and the subsequent arrest of the spouse of an arrestee, Johnson County Jail is obstructing the defendants’ access to legal representation and retaliating against them for exercising their 5th and 6th amendment rights pursuant to the U.S. Constitution.
These constitutional violations have occurred in conjunction with a far-reaching investigation that has included numerous instances of excessive force and intimidation by various police agencies, friends and family of the defendants reveal. A majority of defendants remain without legal counsel in violation of the 6th amendment. At least three defendants have been denied their requests for a public defender on the grounds of alleged “incomplete paperwork.”
The DFW Support Committee, a group of family and friends of the defendants, said that, “this delay or denial of the right to counsel appears to be in retaliation to the defendants’ lawful right to refuse to speak to law enforcement without their lawyer present and is an egregious violation of their constitutional rights.” In response to one of the defendants exercising their constitutional rights, Johnson County Jail has transferred this person to a solitary medical unit, despite the fact this person has no medical issues or needs. “I am completely appalled at the way their constitutional rights have been ignored,” this defendants mother said, “I grow increasingly concerned for their safety and well-being with each passing day.”
Johnson County’s use of segregation and isolation of pretrial detainees — presumed innocent until or unless convicted at trial — amounts to torture and excessive force used to punish and coerce these defendants in contravention of federal and state law. Johnson County Jail has also refused to house transgender defendants in the housing unit appropriate for their gender raising serious safety and welfare concerns. To avoid further harassment from jail staff and other prisoners, one defendant has been forced to remain in solitary confinement, citing safety concerns in the general population.
Defendants’ friends and family report raids of their homes where agents deployed flashbang grenades, caused extensive damage, and detained spouses, family members and housemates without cause. In one instance, federal agents tackled the adult child of a defendant and put a bag over their head before arresting them and transporting them to jail. “I was terrified, I had no idea what was going on,” the child later said. During this interrogation, agents offered this person monetary bribes in exchange for information, which of course were refused. Police also attempted to extort them by offering to “get rid of a warrant” if they cooperated with the law enforcement investigation. Johnson County Jail has also harassed and intimidated those wishing to visit defendants while in pre-trial detention.
Some defendants’ visitors have been denied entry, detained and interrogated, and had their personal electronics confiscated. Legal experts consulted by the support committee believe that these tactics constitute a campaign of fear and harassment against the defendants and their loved ones, and calls into question the veracity of any statements that law enforcement has compelled under these conditions of confinement, particularly when the defendants have no access to legal representation as the law requires. The state has violated the constitutional guarantees against unreasonable search and seizure and cruel and unusual punishment which will negatively taint any further state prosecutions.
These violations have occurred while the legal proceedings have not progressed on either the state or federal charges. Local legal experts explained that normally in this district, a defendant facing federal charges will receive a first court appearance within one to three days, whereupon appointment of court appointed counsel, release or bail conditions, and next court dates are all addressed. There has been no explanation why these normal practices are not being followed regarding these defendants.
The Prairieland defendants were arrested following a demonstration at the Prairieland ICE Detention Center on July 4th. They are facing state level criminal charges for terrorism and aggravated assault, and federal charges for attempted murder, among other charges.
Anyone wishing to contribute to the defendants’ legal costs can do so here: https://www.givesendgo.com/supportdfwprotestors