Jana Duty, Email Responses to the Austin American-Statesman and PolitiFact Texas, April 2012 (Excerpted)
April 12, 2012 (to reporter Claire Osborn)
Q: (John) Bradley has said that you cannot do an adequate job as a da
because you have never prosecuted a felony. What is your response to that? Have you ever prosecuted a felony?
Reply: In fact I do prosecute felonies. I also prosecute adult felonies every day, but in Williamson County we call them adult misdemeanors because John Bradley is reducing 36% of all felonies to misdemeanors and passing them off to my office. That’s double the statewide average...
April 20, 2012
". I try to be very careful with my language and have consistently said that "Mr. Bradley dismisses or reduces 36% of his cases to my office". I have never made this statement in order to complain that the reductions add to my work load. The reduction of his felony cases have been consistent for the seven years that I have been the County Attorney and I have never complained about the added work. That is not the point I am making when I make this statement.
The two points that I am making are these: One, 36% is too high. In 2010, the state average of dismissals/reductions was 16%. In 2010, Bradley's office dismissed/reduced 29% and in 2011 it grew to 36%. This is not being "Tough on Crime".
Two, Mr. Bradley likes to boast that I do not have experience handling "adult felony cases"...my point, yes I do...I handle 36% of the felony cases filed in Williamson County.
I was inaccurate in my statement by forgetting to say the word "dismisses" along with "reduces" so if you want to be technical, then the Clerk's website says that Mr. Bradley's "Dismissals" are 738 out of 2,013 (36%). This correction would be fine with me. The people of Williamson County would be interested in finding that Mr. Bradley's office "dismisses" 36% of his felony cases. By forgetting to say "dismisses" only helps Bradley's position, not mine. People do not like the idea of felonies being dismissed outright with no punishment attached.
April 30, 2012
Here are the cases that were reduced to misdemeanors in 2011. You will see that there are 390 documented felony reductions, which would mean that the DA reduced 19% to 20% of his felony cases, leaving 348 (17% to 18%) which were obviously dismissed outright by the DA. I have absolutely no problem with you clarifying that for the people of Williamson County.
Again, the numbers are still the same, just as I have always said (with the exception of forgetting the word “dismisses” when I spoke to Claire Osborne). You can also watch a debate between me and Mr. Bradley on YouTube (from February of this year) where I clearly say “Mr. Bradley dismisses or reduces 36%...”).
May 2, 2012
Once again, let me repeat...Mr. Bradley reduces 20 percent of his felonies and he dismisses 16 percent of his felonies. This is a total of 36 percent of his cases being dismissed/reduced. I have repeatedly made this statement publicly for months and I stand by it.
From: "Selby Gardner (CMG-Austin)" <email@example.com>
Date: Wed, 2 May 2012 20:42:52
Subject: RE: DA Referrals By Felony
OK. Did you seek a correction once you noticed your error?