Harris County DA supports bill that would overhaul 'witness bond' process

HOUSTON – Harris County District Attorney Kim Ogg will be in Austin on Tuesday testifying in support of a bill that would change an aspect of how witnesses can be handled during a trial. This piece of legislation was filed after Channel 2 Investigates exposed how a rape victim was put in jail for more than a month to ensure her testimony.

"The rapist got more due process protection under our constitution than she was given as a crime victim. That's just wrong," said Ogg.

In 2016, KPRC uncovered the case of a woman identified as Jenny, a mentally ill rape victim who was placed in the Harris County Jail to make sure she would show up for court to testify against a serial rapist. When Jenny broke down on the stand, she was first placed in a mental hospital, and then put in the jail's general population on something referred to as a "witness bond."

"It's not that what the state did that was necessarily illegal, but it was so unfair," said Ogg.

The bill was filed by State Sen. John Whitmire and calls for a hearing in open court before one of these bonds is granted. If a witness bond is granted, the proposed legislation would require the person being held to be represented by an appointed attorney.

"Huge differences from Jenny's case," said Ogg.

Ogg said the bill will also require the state Office of Court Administration to be notified when a witness bond is granted to ensure an extra layer of oversight, including oversight into how a witness is handled while in jail. As Channel 2 Investigates reported, there was confusion among some jail staff as to whether Jenny was a witness or the suspected rapist.

"You wouldn't have the situation of, quote, people falling through the cracks," said Ogg.

There will be a hearing Tuesday before the Senate Criminal Justice Committee to determine if this legislation will go to a vote before the full Senate.


About the Author:

Award winning investigative journalist who joined KPRC 2 in July 2000. Husband and father of the Master of Disaster and Chaos Gremlin. “I don’t drink coffee to wake up, I wake up to drink coffee.”