PRINT THIS PAGE | E-MAIL THIS PAGE

Sunday, April 27, 1997

Appeals court: Texas inmates have no right to see victims' letters

HOUSTON (AP) - Texas inmates are not guaranteed a right to see letters sent to the state's parole board protesting their release, the 5th U.S. Court of Appeals ruled this week.

In its ruling Wednesday, the appeals court overturned a 1995 decision by U.S. Magistrate Stephen H. Capelle of Austin.

In that decision, Capelle ruled the parole board could not use any written or oral comments from prosecutors, victims or others protesting the parole of an inmate unless the inmate was given access to the comments and allowed to refute them.

Capelle was responding to a class-action lawsuit on behalf of all inmates who contended the parole board based its decisions on protest letters containing "wrong information" and information that is "vindictive" or is "the result of political pressure."

The inmates also argued that the parole board discriminated by rejecting parole of "writ-writers," or prisoners who file lawsuits against the prison system.

But the 5th Circuit said that because inmates have no constitutionally protected right to parole, they have no basis for challenging parole procedures as a violation of due process.

The panel also noted that protecting victims who write protest letters against potential reprisals by keeping the letters confidential is "rational."

However, the appeals court left the door open for additional lawsuits over the issue of whether the parole board discriminates against writ-writers.

In overturning the protest letter issue, the court also overturned the $1 million award Capelle had ordered for inmate lawyers.

"It was everything we thought all along: that there were no due process violations, that victims have a right to file protests confidentially without the fear of inmates reviewing them," said Andy Kahan, director of Houston's Victim Assistance Center. "And we thought all along that Capelle was essentially out of his mind."

Attorney Douglas Becker of Austin, the lead lawyer for the inmates, said he was disappointed but not terribly surprised by the ruling.

He said no decision has been made whether to seek a rehearing in the 5th Circuit or to appeal to the U.S. Supreme Court.

Texas Attorney General Dan Morales called the 5th Circuit ruling "a clear-cut victory for crime victims and their families." Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
Send the URL (Address) of This Story to A Friend: