Dallas' Kangaroo Court

In municipal court, they'll plead you guilty when you don't even know you're on trial

Forget about the U.S. Supreme Court. Forget about the Florida Supreme Court. If you want to see where the rubber meets the road in the land of jurisprudence, take just a minute and come downtown with me to the Dallas Municipal Court System at old City Hall, 2014 Main St. I've got a case that will make you forget everything you thought you learned listening to the justices count angels on the heads of pins.

This is the sleazy, sticky-wicket world of cheap, mass-produced justice. The loud tiled corridor outside the courtrooms here is the Street of Broken Dreams, crowded with prostitutes, drunk drivers, city code violators, and hapless fools who either can't buy their way out or don't even know they're supposed to.

Here is how things work here: Last April 30, Donato Garcia, a 44-year-old construction worker who is a legal immigrant from Mexico, was Maced by Dallas police and arrested in front of his two children on a charge of "failure to ID," meaning they had demanded to see his identification and he didn't show it to them.

First, Dallas police arrested Donato Garcia for something that is not against the law. Then a Dallas judge found him guilty without his knowledge.
Mark Graham
First, Dallas police arrested Donato Garcia for something that is not against the law. Then a Dallas judge found him guilty without his knowledge.

There were language problems and other difficulties. Garcia is a solid citizen with no arrest record. He was dozing in his car, waiting for his wife to get off work at the Reunion Hyatt hotel. He was beaten and cuffed by several officers and hauled off to jail.

On September 7, I wrote a column about this case for the Dallas Observer ("Contempt of Cop"). Shortly after that, Creighton Webb did a good piece on it for Channel 11 News. On September 12, the Dallas Police Citizens Review Board held the first of two hearings on the Garcia case. Somewhere in there, police Chief Terrell Bolton admitted it's against the law and against departmental policy to arrest people for failure to ID and promised a big departmental review. So there was growing focus on this case.

On September 18, David Davis, Garcia's lawyer, went to Municipal Court No. 8, the court of Judge Jay Robinson, and got Garcia's failure to ID case delayed until December 11. Then, two days later, a lawyer named Walter A. Knowles was walking down the busy corridor just outside Judge Robinson's courtroom.

Out of the crowd, a face popped into view. It was an assistant city attorney. According to Knowles and Davis, the assistant city attorney had a little proposition for Knowles that day. These things happen here on the street. Knowles does a very high-volume business in the municipal courts, mainly traffic tickets. It's a fast-moving commerce. I happen to know Walter Knowles. He lives in my part of town, and he's a good guy.

As it happened, Knowles was the lawyer who had signed on Donato Garcia's original bond on April 30, the night Garcia was arrested. But that was the only contact Knowles had ever had with the Garcia case, until September 20.

Davis, Garcia's criminal defense lawyer, says no one in the Garcia family had ever asked Knowles to sign on Garcia's bond. Davis says Mrs. Garcia went to a bond company and paid them a fee. He says neither she nor anyone else in the family ever talked to Knowles.

I asked Knowles who asked him to sign on Garcia's bond last April. He said, "Somebody called me."

I asked: "Was it the bond company, or was it the Garcia family?"

Knowles laughed ruefully and said, "To tell you the truth, I'm in kind of a Catch-22 situation here. Really, I do so many of these, I couldn't tell you offhand who called me."

For my part, I am not surprised there is a Catch-22 situation here. Catch-22 should be the address for the municipal court system. There is a great variety of possible Catch-22 situations to which Mr. Knowles could be referring, among them the illegal practice by which some bond companies refer business to lawyers.

It happens like this: Family goes to bond company. Bond company says they'll get loved one out of calaboose. Bond company calls lawyer. Lawyer signs on bond. Then lawyer solicits loved one's business. It's against the rules, but no harm, no foul.

Since I don't know which of the many possible Catch-22 situations we're really talking about here, and since I know that Walter Knowles won't tell me, let's just move on, shall we?

The point is, Walter Knowles was never Donato Garcia's lawyer, as far as Donato Garcia knew. So that brings us back to Walter Knowles walking down the hall and the face popping up.

According to Davis and Knowles, the assistant city attorney who approached Knowles that day pointed out that he had signed on Donato Garcia's bond and that Garcia's case was still on the books and unresolved, and offered to accept a sentence of time already served in jail if Knowles would enter a plea of guilty for the man.

The rules allow lawyers in petty misdemeanor cases to appear and enter pleas without the presence of their clients. Knowles often signs plea deals for petty misdemeanor clients. "I'm usually doing them a favor, to get it off the books for them," Knowles says. "Most of them have already forgotten about it or don't care."

Next Page »
My Voice Nation Help