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GONE BABY GONE a Shocking Murder Exposes the Holes in Texas' Mental Health Care System

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GONE BABY GONE a Shocking Murder Exposes the Holes in Texas' Mental Health Care System Texas has continued to send mentally retarded criminals to death row. Will a Mexican immigrant's case correct this injustice? PLUS GONE BABY GONE A shocking murder exposes the holes in Texas' mental health care system. BY DAVE MANN • , , •T, -„. • • • • - • • - • . • •. 0 11 2 5 :0 7, ON THE COVER Illustration by Brian Stauffer TOP: Twenty-nine death row inmates interviewed by controversial psychologist George Denkowski •••••MB •• • .•••10110, • 01.40 111 114 • • .1110. • • ...7„..,1••1• • • •111•111. WII ■11. • .4 • _ •••• •w ∎7.- • ; • „ . • r'":: • • 4:1 . ,00.• - ..-=.01 = B -•••••7/1,•110.11,•°Ont • •••*$ • ‘BBItri ♦ 11• 11.1610igi 1 BIG D'S CULTURE GAME by Michael May Can extravagant, cutting-edge art and architecture transform Dallas? Dallas' new AT&T Performing Arts Center at night PHOTO BY BOB SMITH CRACKED GONE BABY GONE by Renee Feltz by Dave Mann Despite a U.S. Supreme Court ban, Texas 1 A shocking murder exposes the holes in NARVER 0 has continued to send mentally retarded Texas's mental health care system. criminals to death row. Will a Mexican immigrant's ONLINE case correct this injustice? See a short video report on men- REGULARS tally impaired 01 DIALOGUE 22 DATELINE DALLAS: 25 POETRY 2 PURPLE STATE prisoners, 02 POLITICAL BINE PATHOLOGY by Robin Robertson The White Stuff listen to the Otty INTELLIGENCE Cyclists debate the by Bob Moser Sanchez 9-1-1 05 EDITORIAL future of city streets. 26 TEX IN THE CITY call and hear 05 LOON STAR STATE by Ian Dille KBH: Always True to 29 EYE ON TEXAS Michael May's 21 HIGHTOWER REPORT Us, Darling, in Her Own by Arthur Myerson audio report Fashion 24 CRITIC'S NOTEBOOK from Big D. Spoon Fed by Robert Leleux by Josh Rosenblatt uniemosiobseilvoung A JOURNAL OF FREE VOICES SINCE 1954 AP OBSERVER VOLUME 102, NO. 1 I LOGUE FOUNDING EDITOR Ronnie Dugger CEO/PUBLISHER Carlton Carl Divided Childhood EDITOR Bob Moser All you need to know about Kelt Cooper, the school superintendent in Del Rio: MANAGING EDITOR Chris Tomlinson "Cooper appears to have imported at least one educational principle from Arizona: ASSOCIATE EDITOR Dave Mann CULTURE EDITOR Michael May an overarching concern about Mexican nonresidents attending public schools." INVESTIGATIVE REPORTER Melissa del Bosque ("Child X-ing," Dec. 11) It's the sort of attitude you get from the Minutemen and STAFF WRITER Forrest Wilder their supporters along the Arizona and California borders. It's nothing but bigotry, ASSOCIATE PUBLISHER Julia Austin CIRCULATION/OFFICE MANAGER and he should not have a job on the taxpayers' dime in Texas. Candace Carpenter Sarah Hayes CREATIVE DIRECTION Em Dash LLC POSTED AT TEXASOBSERVER.ORG ART DIRECTOR Daniel Lievens MARKETING ASSISTANT Jaime Kilpatrick THE PARENTS IN MEXICO SEND THEIR KIDS TO U.S. WE SPEND ZILLIONS ON FOREIGN AID OVERSEAS HALF A WEBMASTER Shane Pearson schools so that they can compete with my grandchil- world away to kill, kill, kill. Better we spend a few COPY EDITOR Rusty Todd dren for the scant, few jobs left in America by the million on our border to educate, educate, educate. POETRY EDITOR Naomi Shihab Nye greedy thieves on Wall Street and their pay-to-play Ken Loveless government. Why should hard-working Americans POSTED AT TEXASOBSERVER.ORG INTERNS Laura Burke, Robert Green, Lara Haase, Hudson have to pay for educating Mexican kids in the first Lockett, Maddie Pelan, Jen Reel place? When and where does the insanity end? CONTRIBUTING WRITERS Enough is enough. Lee Hutchings Rewarding Whistling Emily DePrang, Lou Dubose, POSTED AT TEXASOBSERVER.ORG KUDOS AND SYMPATHY FOR ROBERT MCCARTHY, THE James K. Galbraith, Steven G. Kellman, Joe R. Lansdale, federal employee whistleblower featured in Melissa Robert Leleux, James E. IT IS AMAZING TO ME HOW AMERICANS WANT TO SAVE del Bosque's piece ("Dept. of Transparency," Nov. 27). McWilliams, Char Miller, Bill children all over the world through various As pointed out, the Whistleblower Protection Act of Minutaglio, Ruth Pennebaker, Josh Rosenblatt, Kevin Sieff, means, and rightfully so, but here on the border of 1989, while certainly an improvement in the laws of Brad Tyer, Andrew Wheat Texas it is a different story. On the border, and in the nation, fell far short of being adequate by provid- CONTRIBUTING PHOTOGRAPHERS Texas in general, there are those who just cannot ing that the plaintiff could sue for relief, but not for Jana Birchum, Alan Pogue, see the forest for the trees. Poor children appar- damages. Reinstatement, even with receipt of back Steve Satterwhite ently only deserve help if they are far, far away. pay, is a far cry from what the law should provide. How CONTRIBUTING ARTISTS Ben Figueroa Michael Krone, Alex Eben grand it would be if the law were to be altered so as to Meyer, Ben Sargent POSTED AT TEXASOBSERVER.ORG render whistleblowers American heroes: champions TEXAS DEMOCRACY of responsible government, defenders of honest dis- FOUNDATION BOARD SCREW THE MEXICANS. PEOPLE ARE BEING TAXED TO tribution of the taxpayers' monies, exposers of graft Lisa Blue, Melissa Jones, death by the school districts and these Mexicans are and corruption! I have long thought that governmen- Susan Longley, Jim Marston, Mary Nell Mathis, Gilberto getting a free ride. Force them all back. In Houston tal whistleblowers should be encouraged to ferret out Ocanas, Jesse Oliver, Bernard we are paying for illegal kids to go to school, too and expose malfeasance. They should be awarded Rapoport, Geoffrey Rips, many to count. We can no longer afford them. compensation for upholding the public welfare and Geronimo Rodriguez, Sharron Roger Glass Rush, Kelly White, Ronnie be honored at annual award ceremonies for those Dugger (emeritus) POSTED AT TEXASOBSERVER.ORG who have protected the taxpayers from fraudulent and wasteful expenditures. When a whistleblower OUR MISSION We will serve no group or succeeds in exposing and halting corrupt practices, he party but will hew hard to Blaming Barack or she should receive a percentage of the savings. the truth as we find it and THE ONE QUALIFYING QUESTION FOR DEMOCRATIC Tom Camfield the right as we see it. We SAN ANGELO are dedicated to the whole candidates for any office from now on is: When truth, to human values above did you start publicly criticizing President Barack all interests, to the rights of Obama's escalation of the Afghanistan quagmire? humankind as the foundation of democracy. We will take ("Is Afghanistan Worth It?" Nov. 27.) The dif- orders from none but our own ference between Obama and President Lyndon conscience, and never will we Johnson is that LBJ could pass his domestic pro- overlook or misrepresent the grams, and they worked. Lars Eighner truth to serve the interests of Sound Off the powerful or cater to the AUSTIN ignoble in the human spirit. editors@texasobserver. org JANUARY 8, 2010 THE TEXAS OBSERVER 11 po yin wit INTEL"' 01 Bringing EERGY the Heat "They're looking the other waif whip !Ain iiiipui radioactive waste from around the country, and The Waste Control Specialists site near Andrews PHOTO COURTESY OF WCS possibly the WASTE CONTROL SPECIALISTS, A RADIOACTIVE-WASTE nonprofit. "They're failing to enforce their own rules and company owned by major Texas GOP financier looking the other way while WCS imports radioactive world " Harold Simmons, appears to be defying state regula- waste from around the country; and possibly the world." tors by importing canisters of nuclear waste from out Beginning in early 2008, TCEQ repeatedly told of state. So far, the amount is not huge—about 300 Waste Control that it needed permission before accept- cubic feet. But the brazen move appears to be part of ing canisters of Class B and C waste—the "hottest" of WCS's plan to turn Andrews County into the nation's so-called low-level radioactive waste—from Studsvik new dumping ground for radioactive waste. Inc., a Tennessee waste processor. Even if the agency Waste Control already has permission to bury 60 eventually okayed the plan, the waste could be stored million cubic feet of radioactive waste from Texas, for no more than a year, according to agency records. Vermont and federal sources. But the company has said In 2008, Waste Control agreed to submit safety and it will seek permission to import and bury radioactive security plans as part of a major amendment to its license materials from the 36 states that lack a disposal option. that would allow the storage. But the company never filed Critics see the current importation of out-of-state for a license amendment. Last February, Waste Control waste without permission as a backdoor attempt to CEO Rod Baltzer told the Observer that the company speed the process. Once the waste is stored on site, the had determined that it could already import out-of-state thinking goes, it's unlikely to ever be sent away. waste and would begin doing so in March or April. TCEQ READ THE AGENCY The handful of environmental and citizen groups said it was unaware of any such plans. DOCUMENTS mentioned aware of the issue are furious with the Texas Commission Evidently the agency found out. On May 20, TCEQ in this story at www.texas observer.org/uploads/files/ on Environmental Quality, the agency that regulates sent a letter to the company saying it had "not made a WCSLetters.pdf radioactive waste. "TCEQ is asleep at the wheel," says determination that acceptance of [the waste] is autho- Eliza Brown of the SEED Coalition, an environmental rized," and warning that Waste Control "maybe subject 2 THE TEXAS OBSERVER WWW.TEXASOBSERVER.ORG THE STATE CE OF TEXAS to enforcement for the receipt" of unauthorized radio- nances preventing city employees and police officers active materials.
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