Complaint Review: Austin Texas Police Department

John H. Reagan High School in Austin, Texas resembles a penitentary. Bad things have always happened there. A young African American student was murdered there a few years ago and the area is well-known to Austin police as well.

It does come as a surprise to learn that a female teacher was a victim of attempted aggravated Sexual assault by a male student who was a registered and dangerous SEXUAL PREDATOR and apparently no one form the Austin police Department bother to notify the school's principal, the teachers who had the young man in their classes and/or the Austin Independent School District's police officers.

DON'T YOU THINK THE FACULTY HAD A RIGHT TO KNOW?

DON'T YOU THINK THE NEIGHBORHOOD RESIDENTS NEEDED TO KNOW THAT THE HALFWAY HOUSE WHERE THE SUSPECT STAYED WAS ACROSS THE STREET FROM JOHN H. REAGAN HIGH SCHOOL?

The story appears in the Austin American- Statesman as follows:

How many sex offenders attend local schools?
Nobody seems to know
Confusion over who should tell schools and when means teachers often unaware.

By Tony Plohetski, Laura Heinauer

AMERICAN-STATESMAN STAFF
Friday, October 27, 2006
Austin police and officials with the Texas Youth Commission knew that a teen now charged with trying to sexually assault a teacher in her Reagan High School classroom was a registered sex offender but had not shared that knowledge with school officials.

The lack of information left the teacher, Susan Straker, 54, unaware that the student had spent time in a youth detention facility for indecency with a 4-year-old girl in 2002 and was considered a "moderate risk" by law enforcement.

Manuel Nathan Mendoza 18-year-old still sought in Tuesday's classroom attack.

"I did not know," said Straker, who returned to school Thursday.
Straker said she might have responded differently Tuesday when Manuel Nathan Mendoza, 18, asked to work on an assignment in her classroom. Minutes later, police said, he held scissors to her throat, groped her and asked her if she had "ever been victimized."

When he demanded sex, police said, Straker said, "No, that ain't happening" and pushed him away. Mendoza, who has been charged with attempted aggravated sexual assault, then ran off. He didn't return to his halfway house, nearby on Cameron Road, and remains at large.

The incident indicates a communication breakdown and confusion about how information should flow between law enforcement and school districts.

It also sent Austin school officials scrambling to learn how many registered sex offenders are enrolled on their campuses. By late Thursday, officials still could not provide a count.

The incident also has highlighted differing policies among Texas law enforcement agencies about what and when they tell school officials about juvenile sex offenders.

Austin police said Thursday that they learned about Mendoza on Oct. 11 when he registered with the department as a sex offender. They said they would have notified the district at the end of the month, when they typically send letters to schools about newly registered sex offenders who have moved into the district.

Sgt. Dan Ballard, a supervisor in the sex offender apprehension and registration unit, said 15 of Austin's estimated 900 sex offenders are juveniles, but he was not sure how many are enrolled in schools.

Ballard said Reagan officials already would have known about Mendoza ? from Texas Youth Commission officials who enrolled him last week.

However, youth commission spokesman Tim Savoy said the agency never tells schools about teens' criminal histories, even though "it isn't a secret that it is a TYC youth."

Savoy said Thursday that the youth commission has begun evaluating policies and laws to see if they can share more information with schools.

"We want to do it because we feel the schools and the teachers should know a little more about the youth that we send there," he said. "It is not because we think all of them are dangerous."

District spokesman Andy Welch said Thursday that Austin school officials were still trying to get an accurate count of the district's sex offenders and what schools they attend but that the task was difficult because of students moving to different schools in the district.

Austin school district attorney Mel Waxler said that sometimes teachers don't know about sex offenders in their classrooms because the district isn't aware the students are sex offenders.

"But from everything that I have been told, if we know about it, we involve the teachers, counselors, nurses and principals in the process by which to determine proper placement, support services to the child and a safety plan," Waxler said.

According to Texas law, police generally must confirm what crime a newly registered sex offender committed and the age of the victim within eight days of registration. The law says authorities must "immediately provide notice to the superintendent of the public school district and to the administrator of any private or primary or secondary school."

Superintendents must then share that information with with "appropriate school district personnel," including police, principals and counselors, according to the law.

Houston and Dallas police say they notify specific schools that sex offenders are attending classes on their campus when they find out about them. Sgt. G. Shepherd, who works in Houston's sex offender registration unit, said the department sends e-mails to the schools as soon as they learn an offender has enrolled there.

Shepherd and Sgt. Gil Cerda, a spokesman for the Dallas Police Department, said they did not know how many registered sex offenders are juveniles or attend school. Both Dallas and Houston have an estimated 3,500 registered sex offenders each.

Austin and San Antonio police said they send notices to school districts about all sex offenders who have registered and live in the district; then it's up to school officials to figure out if any are students.

Elsewhere, Round Rock school officials said they do not know whether they have sex offenders in their schools and that they would seek an opinion from the Texas attorney general before passing information on to teachers about offenders' histories.

Eanes, Lake Travis and San Marcos school officials said they have no student sex offenders in their schools.

The National Center for Missing and Exploited Children estimates that there are more than 566,000 registered sex offenders nationwide, but the U.S. Bureau of Justice Statistics said no national data exist about the number of juvenile sex offenders, much less how many attend school.

Among 2,831 Texas teens on parole, Savoy said, 434 are enrolled in public schools; 18 of those are registered sex offenders. He said another four registered sex offenders live in halfway houses around the state and attend public schools.

Of the estimated 20 residents of the halfway house where Mendoza lives, just two others are Reagan High students, Savoy said. Neither of those two is a sex offender, he said.

Straker said students and fellow teachers checked in with her Thursday to make sure she was getting enough support. She said that she doesn't think Reagan is more dangerous than other schools and that people who know her weren't surprised she stood up to Mendoza.

"I don't think it will change what I do," she said.

SO WHY WEREN'T THE AISD POLICE NOTIFIED ABOUT THIS SEX OFFENDER AND WHY WAS HE EVEN PERMITTED TO BE AROUND ORDINARY STUDENTS WITH NO CRIMINAL HISTORIES?
Oct 26, 2006 5:37 pm US/Central

Questions Raised About Sex Offenders In School
Search Still On For Suspect

Julie Simon
Reporting

(CBS 42) AUSTIN The search continues for an 18-year-old registered sex offender who police say tried to sexually assault one of his Reagan High School teachers Monday.

Nathan Mendoza was living at a halfway house near Reagan and has not been seen since the alleged attack.

Records show Mendoza was convicted in 2002 of indecency with a four-year-old girl.

Since Wednesday there's been an outcry from parents angry they were not told their children were attending school with sex offenders.

An Austin Independent School District spokeswoman told CBS 42 there was nothing in Mendoza's file to enlighten them about his prior record or his current parole status.

School districts are supposed to be informed by law enforcement agencies in these situations, so the question is--why didn't that happen?

Lonnie Hollingsworth of the Texas Classroom Teachers Association says AISD should have known Mendoza was on parole for a sexual crime.

He cites a Texas statute as proof, "the superintendent shall promptly notify all instructional and support personnel who have a responsibility for supervision of the student."

?Its meant to give the employees, the educators a heads up that there is potentially dangerous situation,? Hollingsworth said.

All students--criminals or not--are entitled to an education

It's written in the education code, "the board of trustees of a school district or its designee shall admit into the public schools of the district free of tuition a person who is over five and younger than 21 years of age."

Parents say with say they are outraged a student sex offender could be in class with their kids and they wouldn't even know about it.

?It's a very important issue,? parent Zebra Overs said. ?Parents need to know, we are the only advocates for our children.?

?Go ahead and let them have their education, but they don't have to be mixed or close with our children in our schools,? said Gary Mayes, who supports alternative schools.

?It should be public records, the teachers, the principals, the parents should all be aware of it,? said Mike Kopel, who believes parents should be notified.
Oct 26, 2006 8:53 am US/Central

Search On For Student Accused In Teacher Attack
Eighteen-year-old Nathan Manuel Mendoza, allegedly attacked a teacher at Reagan High School and tried to sexually assault her.

Gregg Watson
Reporting

(CBS 42) AUSTIN Texas-Sex offenders in schools--it sounds unbelievable, but true.

Police are looking for Nathan Manuel Mendoza, 18, after the convicted sex offender, and student, allegedly attacked a Reagan High School teacher in the classroom.

A teacher at Reagan told police Mendoza grabbed her, put scissors to her throat, and threatened to kill her if she didn't have sex with him.

The Texas Youth Commission says they never thought sex offenders in the classroom would be a lesson in danger.

The alleged attack happened Monday at the end of the school day.

"You can't even put your kids in Austin Independent School District," Reagan parent Aileen Cook said.

Mendoza came to the teacher's classroom for help with his writing. Police say things changed when Mendoza grabbed the woman and said "I'm going to victimize you."

"At that point she thrust his hand away,? AISD investigator Silas Griggs said. ?She stood up and said no this isn't going to happen. He fled the room."

Mendoza--who had been living in a nearby halfway house--hasn't been seen since.

Despite being convicted of indecency with a four-year-old girl, he was able to go to school because the Texas Youth Commission says teenagers have a right to an education.

"I think the child part supersedes the sex offender part when it comes to your right to having access to an education," TYC spokesperson Tim Savoy said.

"We do have other sex offenders attending our schools as required by the courts and the laws of the state of Texas,? AISD communications director Andy Welch said.

CBS 42 learned Mendoza may not be the only sex offender at Reagan. Sources say there could be two others.

"Our children need to be protected how are you going to let the sex offender in the school," Reagan parent Marcella Anderson said.

CBS 42 is told sometimes administrators don't tell teachers if students have been convicted of a crime.

"These individuals have a right to privacy," AISD police chief Pat Fuller said.

But some parents say they have the right to know.

The TYC says Mendoza was making a transition back into the community and hadn't had any problems since checking into the halfway house.

CBS 42 checked his criminal record and found he only has that indecency conviction out of San Antonio.

The TYC is searching Mendoza's hangouts in Austin as well as his hometown of Arlington Texas looking for him. They say he could be dangerous and they want him off the streets as fast as possible.

HERE IS THE STORY ABOUT THE FEMALE STUDENT WHO WAS MURDERED AT REAGAN HIGH SCHOOL:
HOME: MARCH 5, 2004: NEWS

Mosley vs. Mosley: Reagan Case Takes a Sad Turn
BY JORDAN SMITH

With less than a month to go before the anniversary of her daughter's murder, Carolyn Mosley is back in court, answering ex-husband Harrell Mosley's claim that he is entitled to part of the money she won from the wrongful death suit filed after 15-year-old Ortralla Mosley was stabbed at Reagan High School. According to documents filed in Travis Co. probate court, Harrell Mosley contends that "all or part" of the $300,000 Carolyn Mosley received in settling the suit belongs not to Carolyn, but to their daughter's estate, in which he has a half interest.

Ortralla Mosley was murdered on March 28, 2003 by her ex-boyfriend, 16-year-old Marcus McTear, who pleaded "true" (the juvenile-court equivalent of "guilty") to the crime and received a 40-year determinate sentence. In July, Carolyn Mosley filed a wrongful death suit against Marcus' parents, Dorothy and Joseph McTear, claiming they bore partial responsibility for Ortralla's death because they knew their son had a troubled and sometimes violent history with his girlfriends, and yet failed to "supervise, control, and discipline" him.

Carolyn Mosley has also filed a $23.2 million suit in federal court against Austin ISD under Title IX, the federal education-code statute against gender discrimination, which can be used to hold schools liable for student-on-student harassment. That case is still pending, but it's the federal claim that appears to have prompted Harrell Mosley's intervention in the case ? in part, perhaps, so that he may join the suit. According to divorce records, Carolyn Mosley had full custody and was designated sole conservator for Ortralla's affairs. Although he paid some child support, she said her ex had little contact with or knowledge of Ortralla. Still, Carolyn Mosley's role as sole conservator is no longer legally relevant after Ortralla's death, in part because Ortralla died without a will ? meaning whatever estate she may have left must be split between heirs, in this case 50-50 between her parents.

At issue is whether Harrell Mosley is, as a parent heir, entitled to a portion of the $300,000 settlement Carolyn Mosley got from the McTears. In documents filed with the court, Harrell Mosley charges that the settlement was paid not only on Carolyn Mosley's individual claim, but also to Ortralla's estate ? meaning he deserves some money. According to his affidavit, he found out about the wrongful death suit in October, after it was settled, and was "upset" about Carolyn having received the money. "For a long period of time" before Ortralla's death the girl had been living with a friend, he charged, "and I felt that my ex-wife did not deserve any money for the death of my daughter," so he hired an attorney, "to discover what my ex-wife had done."

On Jan. 31, Carolyn and her attorney Sergei Kachura visited him at home in Corsicana, he said, asking that he sign a "waiver" of his rights to Ortralla's estate in connection with the federal suit; he refused to sign. On Feb. 4, he filed suit in probate court seeking to restrain his ex-wife from spending any of the money and to get an accounting of what she has spent.

Carolyn Mosley said her ex was never available for Ortralla while she was alive and has only surfaced in an attempt to cash in on her death. She is offended by his claim that Ortralla wasn't living with her and by the underlying assertion that she was a bad parent. Harrell's lawyers "didn't investigate any of his claims," she said. "He hadn't even seen [Ortralla] in the two years before her death." Carolyn Mosley said she brought the wrongful death suit on her own and that Kachura never said anything about settlement money for Ortralla's estate. (At press time, Kachura had not returned calls seeking comment; Harrell Mosley's attorney, Frances Bennett, also declined comment on the case or on her "client's position" on the issues at hand.)

Either way, the settlement money is gone. After paying Kachura (who took the case on contingency and got a 40% cut once the case settled ? $120,000 ? most of which has now been placed in court registry, pending the outcome of the case), Carolyn Mosley says, she did exactly what Ortralla would've wanted her to do: help others in need. She says she gave more than $138,000 to friends and family with financial problems and to needy families during the holidays. In short, if Harrell Mosley's claim succeeds, it may be as good as trying to squeeze blood out of a turnip (unless, of course, the federal suit bears fruit).

Carolyn Mosley says that the legal actions she's taken have not been motivated by monetary gain. "I wish somebody would just wake me up and tell me it's all been a bad dream," she said of the past year. "Better yet, I wish [Ortralla] would wake me up and say, 'Mama, you've been sleeping all day.' I would welcome that."

Ultimately, whether she had the right to sue on her own and to get the full amount of the settlement or whether she had a duty to Ortralla's estate or to her ex-husband ? and if so, what that means ? will be up to Probate Judge Guy Herman. "It's very technical, and I don't know yet what the law has to say about all this," he said

NO JUSTICE IN CRIMINAL COURT, CIVIL REMEDY SOUGHT!

Teen Dating Homicide Leads To Sexual Harassment Lawsuit


The mother of a teenager who was murdered by her ex-boyfriend while at school has filed a suit against the school district under Title IX, a federal law prohibiting sex discrimination in public schools. This month, Carolyn Mosley filed a lawsuit against the Austin (Texas) Independent School District seeking $23.2 million in damages for the wrongful death of her daughter, Ortralla Mosley. The suit claims that school officials violated Ortralla Mosley's rights by failing to protect her, reports the Austin American Statesman.

Ortralla Mosley was stabbed to death in March by her former boyfriend, Marcus McTear. Both Mosley, age 15, and McTear, age 16, were students at Reagan High School, where the murder occurred. Mosley had broken up with McTear the day before her murder.

On the day of the murder, Mosley told teachers that McTear was "becoming increasingly violent with her and that she was worried about her safety," reports the Christian Science Monitor. Two hours later, McTear stabbed Mosley to death.

In juvenile court, McTear admitted his guilt and was sentenced to three to 40 years in detention. Carolyn Mosley also filed a wrongful death suit against McTear's family, which was settled in October for $300,000. The lawsuit claimed that Ortralla Mosley died because the McTears failed to adequately control, supervise and discipline their son, according to the Austin American Statesman. It also said the parents knew about their son's violent tendencies toward his girlfriends.

Title IX

Congress enacted Title IX in 1972 to prohibiting sex discrimination in education. While the law is frequently cited to protect female athletes' equal access to school sports, it also has been used to prevent student-to-student sexual harassment. In 1999, the U.S. Supreme Court ruled that school districts must address student-to-student harassment and that they can be held liable for the harassment if school officials knew about it and did not take action to stop it. But legal experts note that these cases can be hard to win and that many suits of this type have failed, according to the Monitor.

Carolyn Mosley's lawsuit against the Austin school system claims that McTear harassed her daughter, and the school did nothing to stop it. The suit contends that McTear had a history of assaulting female students on the school's campus, and that schools officials were aware of the assaults but "did not take effective corrective action," reports the Monitor. The lawsuit also claims that, after Ortralla told teachers that she was concerned about her safety, they made no attempt to protect her.

Legal experts say that Carolyn Mosley's lawsuit against the Austin school system is one of the largest suits citing Title IX in terms of monetary demands, and the first Title IX lawsuit involving death. Mosley's attorney, Sergei Kachura, expects that the case will go to trial in the next few months. The Austin Independent School District has not commented on the suit, but the District's general counsel Mel Waxler told the Austin American Statesman that attorneys for the District "will actively seek dismissal of all claims asserted by Mrs. Mosley."

Teen Dating Violence

"Ortralla Mosley's murder is a tragic reminder that violence occurs much too often in teen relationships," said Family Violence Prevention Fund (FVPF) President Esta Soler. "Dating violence affects women regardless of their age, but teens are particularly vulnerable." Women age 16 to 24 experience the highest per capita rate of intimate partner violence, according to the U.S. Department of Justice. A 2001 study published in the Journal of the American Medical Association found that up to one in five teenagers are victims of dating violence, experiencing physical and/or sexual abuse by a dating partner while in high school. And a 1996 study of eighth and ninth graders found that 25 percent had been the victims of teen dating violence.

"This tragedy underscores the urgent need for dating violence education in schools, intervention with teens who may be abusive, and more adequate resources for teen victims of violence," Soler added. "Teen victims need to know where they can access services and support when abuse occurs. And school officials need to know how to intervene effectively to prevent tragedies like this one. No woman or teenager should die because the help she sought or needed was unavailable."

The FVPF's new publication, Promoting Prevention, Targeting Teens: An Emerging Agenda to Reduce Domestic Violence, concludes that reaching children, adolescents, and young adults is critical to preventing domestic violence and ensuring that children grow up to be productive and healthy adults. The report finds that support and intervention can help young people "reject violence," and focusing attention on girls and boys age ten to 15 can stem violence among 16 to 24 year olds. It is available at www.endabuse.org

"In order to eliminate violence against women, we need violence prevention strategies that focus on adolescents and youth, as well as grown men and women," said Soler. "We need to teach boys that violence is unacceptable so we can stop abuse before it starts."

Jose
Houston, Texas
U.S.A.

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