Deaf in Texas

I have some experience with deaf people. My mother is deaf and I remember being a small child trying to help her communicate with other hearing people. I remember how protective I was over her when people made fun of her; one time that protection included delivering a broken nose to the girl who called Mom deaf and dumb while she mocked her pronunciation of yellow. Though it may seem weird that daughter protected mother, I don’t regret that moment to this day. Meanness should be confronted and that was all my 5th grade self could do. I wish someone had thought about meanness and protection in South Texas.

Communication Access Now reports the abuse of a 19 year old deaf Hispanic woman in Brazoria County, TX.

A 19 year old Hispanic deaf woman who was assaulted by her brother who was drunk. She uses sign language to communicate and does not speak. She tried to summons help by calling 911. As indicated by the police report, she was crying when she dialed 911, then hung up the phone.

Shortly after, PD arrived. Her brother told officers that “she is crazy. ” He told officers that she tried to stab him with a knife. The client was still crying her bedroom. When the officer came into her room, she tried to communicate what happened to her. Meanwhile, the brother was yelling that “she is crazy”, and said she tried to stab him. She began motioning to the officer to get her an interpreter so she could explain. The officers did not try to communicate with her, they believed her brother (who is on probation and previously ID by the police as a member of several gangs). The officers cuffed her hands behind her back. She was charged with assault with a deadly weapon. She said she became more frantic and tried more vigorously to communicate, but could not because her hands were behind her back.

She was taken to the police station. Once there, she said she kept trying to indicate to them she needed an interpreter but no one would communicate with her. She said she was stripped naked in the presence of 3 male officers and one female officer. While the female officer straddled her body and retrained her hands. The older male officer performed a cavity search. The client said that he put on a glove and inserted his fingers into her vagina. She became very upset.

She was then moved to the County Jail, again she tried to convey to them that she needed an interpreter, but no one addressed her communication needs. police Officers reported to jail staff that she (the client) is crazy. She says her clothes were taken from her. She remained naked in a jail cell where there was no bed and she had to sleep on the floor. three days later, she was moved from the isolation cell and placed into another cell with a bed.

Communication Access Now is rightfully demanding an investigation:

We are requesting a full investigation of the law enforcement agencies/officers involved in the following situation. This client remains devastated and believes that a number of her Constitutional and Civil rights have been violated.
• Failure to provide effective communication
• Sexual abuse/harassment
• Unlawful imprisonment
• Misuse of authority
• Cruel and unusual punishment
• Failure to assist during an Emergency

This woman, who called for police protection, was in jail for more than a week without knowing the charges against her. A man performed a body cavity search. She was “diagnosed” with “psychiatric issues” because she could not communicate with police. A district attorney agreed to drop any charges against the woman, but refused to release her from jail until she had a place to go. An advocate for the Deaf/Hard of Hearing stood her ground and secured the woman’s release.

This information would be disturbing if it happened to anybody, but that it happened to a young woman who couldn’t understand what was being said to her is even more appalling. It is not “special treatment” to follow the law. The police department should have sent for a sign interpreter. Seeing that they failed at that simple task, the woman should have been arraigned in court. It seems that there were breakdowns everywhere in the system.

Nobody should be left naked in a jail cell confused about why they are there. The police are supposed to serve and protect and they failed miserably in Brazoria County.

Update: Communication Access Now has a protest planned for May 24th at 1pm at Barzoria County courthouse.

~ by Miche on May 9, 2007.

22 Responses to “Deaf in Texas”

  1. The “terrorists” have got every law officer trigger nervous and ready to “deal” with any strange behaviors.

    They are laughing at us as we destroy ourselves.

  2. Thanks Miche for bringing this to everyone’s attention. It’s unacceptable that it’s still happening in this time and age. Check out those two blog posts by a friend for more information.
    Why Deaf People shouldn’t live in certain parts of Texas
    Why Deaf People shouldn’t live in certain parts of Texas Part Two

  3. I hate to be the one to break the news, but that sort of thing is very common in Texas. I know because I live here. And the worst part is that the local municipality will do all but move mountains to make sure the officers and all involved are exonerated.
    My novel “Lenny” deals with law enforcement in Texas. Capital punishment, among other things.
    See details @ http://www.publishedauthors.net/lenny.
    “Lenny” ISBN# 1424163781

  4. This is a new fave blog for me. Glad I found it.

  5. Absolutely disgusting, appalling behaviour. The police officers involved should lose their jobs.

  6. Lenny,
    I live in TX too. I have experienced bad cops first hand.

  7. stuff like this is why I won’t move back to Texas. I loved parts of it but the mental health system, how they (don’t) dealing with domestic violence and stuff like that is why I won’t move back. I call Tyler home but I’ll be in the Midwest for quite some time because it’s not time to go back to Texas yet, that’s clear.

    Austin

  8. That’s a great piece

  9. This is not only disgusting but absolutely illegal. The ADA law is Federal and thus any acts against it is a Felony.

    http://www.usdoj.gov/crt/ada/reg2.html

    As part of Accessibility Law they should have had an interpreter present.

    She cannot be arrested without having her Miranda Rights- how did they arrest her? There are laws governing those who are mentally disabled as well and these affect the way they are to be arrested as well. This is false arrest and false imprisonment, assault and battery as well a malicious prosecution under Civil Law.

    http://www.kevinboone.com/lawglos_ArrestProcedure.html

    Because she was under arrest she is considered a ward. The actions taken against her can constitute Sexual abuse and or rape.

    http://www.students.haverford.edu/masar/documents/USRapeLaws.pdf

    These, are not only Civil Rights that have been trampled all over but FEDERAL offenses that warranty prison time. Any good lawyer- hell, even a bad one- would have a field day with this. She would be able to sue both the state and the county for this, and possibly even the police officers involved personally.

    She can contact the Attorney General’s office, the local Legal Aide office as well as any Client Assistance Center, Woman’s Center or Rape Center, if available.

    Geeze, we are in 2007. These actions show how some people are still in the dark ages.

    I hope she gets the help she needs, both legally and emotionally.

    Google.com is awesome for this….

  10. I wondered about Miranda too.

  11. I’m going to email this story out to a lot of my friends, and see if I can arrange a way to get to the protest, or at least have them all call in protest.

  12. [...] Deaf in Texas Deaf in Texas [...]

  13. We’re all condemning the cops here because of what this woman SAID??? There’s no evidence, for Pete’s sake.

  14. There should definitely be an investigation to substantiate the claims. All I am sharing is that this is common down here.I spent 13 years in the prison system, when I should have been treated for severe depression. But hey, I wrote two novels while down there, so more power to Texas for screwing me over. I guess I owe them one.
    See: http://www.publishedauthors.net/lenny
    “Lenny” ISBN# 1424163781
    By Robert Anaya Ramirez

  15. There is evidence according to Communication Access Now. That evidence would be a police report, a social worker’s comments and the district attorney who dropped the charges.

    Condemnation by the blogosphere is but one small thing- it’s not like the police involved are sitting naked in a jail cell until charges are brought.

  16. that’s friggin brutal ! god ! why would anyone treat a person that way when it would hav been pretty evident that the person deaf and dumb ! what has the world come to……

  17. Deaf Flowerchild, not dumb.

  18. That is horrible…

  19. [...] Deaf in Texas I have some experience with deaf people. My mother is deaf and I remember being a small child trying to help her […] [...]

  20. Lonedrifter, substitute “Second Amendment Advocate” for “deaf” and see if your opinion moves any.

  21. Lonedrifter- According to an article, it is a FACT that she never talked to an interpter, and a FACT that she was imprisoned without anyone actually talking to her but the psychologist. Those two facts alone are enough.

  22. Ed, wouldn’t change my opinion a bit.

    Okay, so there is evidence. I stand corrected. In that case it was a horrible, awful tragedy, and the people responsible should be brought to justice.

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