Epilogue to "The Guy With the Knife": Jon Buice was granted parole. Again.

In a timely epilogue to the screening last week of “The Guy With the Knife” at the LBJ School of Public Affairs, news comes today that the subject of the film, Jon Buice, was just granted parole after 24 years in prison. Buice was convicted of murder in the high-profile case involving banker Paul Broussard in Houston. The 1991 crime involved an apparent gay-bashing by a group of 10 youth from The Woodlands, and mobilized the Houston gay community to advocate for equal rights and for investigation and prosecution of this crime.

While on the surface, the case against the 17-year old Buice seemed cut-and-dry, and the outrage about the gay-bashing seemed fully justified, a closer analysis of the case revealed that the realities of the crime and its aftermath were far murkier. In fact, some prominent members of Houston’s LGBT community, including Ray Hill (the producer of The Prison Show and the original proponent of the “gay bashing” theory of the case) and Maria Gonzalez (the head of Houston’s LGBT Caucus and a University of Houston professor) came to be among Buice’s biggest supporters. Hill later admitted that he fabricated the notion that this was a hate crime in order to put pressure on law enforcement officials to solve the case. And Gonzalez went from fighting to keep Buice locked up to becoming a staunch advocate for his release.

Two separate deeper dives into the case—one by journalism prof Michael Berryhill and the other by independent filmmaker Alison Armstrong, who spent eight years making her film--raised serious concerns about a number of previously unexplored issues. Buice’s guilt is not in question, but both investigations raise serious doubts that there was any underlying intention to target a gay person and that there was any intent to commit murder; rather, it seems much more likely that it was a fight by teens, intoxicated by drugs and alcohol, that got out of hand. Notably, Buice’s case was resolved with a plea bargain for a 45-year sentence, so many facts never had the opportunity to come out at a trial.

Two of the most damning indicators that this was a gay-bashing withered under closer inspection. For example, the media originally touted the fact that the perpetrators used a wooden board studded with nails to beat the victim, but no such item was ever found in the evidence locker and there was no proof or testimony such a weapon ever existed. Similarly, the victim was supposedly “gutted like a deer" with a huge knife, but the only weapon involved turned out to be a knife with a two-inch blade that was used to stab Broussard. The victim’s especially gory “injury” was in fact the result of his autopsy. Another revelation in the film had to do with the fact that the victim, Paul Broussard, was awake and conversant when EMS arrived on the scene, and that his transportation to the hospital and treatment by a doctor were severely delayed due to fears about possible exposure to AIDS, at a time when that disease had the city in a panic.

Perhaps the most troubling aspect of the case, though, had to do with a development in 2011 when Buice was originally granted parole after numerous set-offs. By all accounts, Buice was deeply repentant, and had been a model prisoner, earning several college degrees and becoming a peer educator at the Wynne Farm. But shortly after the Parole Board announced its parole decision, in the days before Buice was actually released but after there was political pushback to its decision, Buice was accused of having an “inappropriate relationship” with a female prison chaplain.

No evidence was ever produced showing that such an inappropriate relationship existed. And indeed, the only inappropriate behavior was on TDCJ’s part. In an extraordinarily brazen move that would likely have a chilling effect on the chaplaincy program in TDCJ were it better known, TDCJ installed video surveillance equipment in Chaplain Linda Hill’s office, capturing footage of all her private communications with inmates and staff alike during a two-week period.

Despite the fact that the video showed perfectly ordinary encounters between Buice and the chaplain, Buice’s parole decision was rescinded and he was placed in disciplinary segregation for some period of time. And officials at the agency fired Chaplain Linda Hill and slandered her reputation, making her collateral consequence in this campaign to ensure that Buice stayed behind bars. Hill’s personal nightmare has only worsened in the years since her unfair dismissal. Berryhill’s account fills out many more details of this sordid story.

While it is tempting to focus any discussion of the case on these irregularities and injustices, in many ways those case-specific details detract from the larger issues and lessons presented here. Maybe we need to look at this case as a story of what it means for a perpetrator of a violent crime to become rehabilitated, or for a community to forgive a person who has hurt them. Perhaps we ought to ask hard questions about when someone has been punished enough, and what further purpose it could serve to keep someone locked up beyond the time that anyone could reasonably think he is a danger to society. And finally, the case should cause us to ask how the justice system can be so easily manipulated, whether at the investigation, prosecution, or parole stage.

One hopes that this latest parole decision--by a parole panel with full information--is the final chapter in Buice’s case, and that there will be no further twists and turns. And one also hopes that there can be some healing for everyone involved in and hurt by this tragic case: for Paul Broussard’s family; for the gay community in Houston and beyond; for Jon Buice, his family, and supporters; and for Linda Hill, whose own story has scarcely begun to be told.

MORE: Kuff disagrees Buice has served enough time, for reasons he explained here in 2013.

Free film screening of "The Guy With the Knife" next Thursday evening

Those of you living in Texas in 1991 may remember the high profile case of Houston banker Paul Broussard, a gay man, who was killed in the Montrose neighborhood in an apparent hate crime.  The case galvanized the gay community, and local activist Ray Hill helped generate substantial media attention to the crime in an effort to identify and prosecute the killers.  Eventually, a group of teenagers from The Woodlands were charged in the crime.  One member of the group, a 17-year old named Jon Buice, was identified as "the guy with the knife" who actually stabbed Broussard.  While most of the teens received probation or relatively light sentences, Buice pleaded guilty and received a 45-year sentence in a plea bargain agreement.

Shortly after Buice was convicted, Ray Hill--the activist who helped put Buice in prison--befriended him and, over time, came to believe that this was not a hate crime at all.  Buice grew into a model inmate, obtained college degrees, and gained the support of many in the gay community as he went up for parole.  But the victim's family, spurred on by the efforts of Houston victims' advocate Andy Kahan, fought his release.  A positive parole vote was rescinded a few years ago following some intriguing twists and turns.

Canadian filmmaker Alison Armstrong has now made a compelling documentary about the case called "The Guy With the Knife."  The film, which has won awards at several film festivals, raises fascinating questions about the influence of the media in criminal cases, about how much punishment is enough, and about the nature of forgiveness.  And it presents unsettling information about injustices in the case that have not previously been brought to light.

The film is screening for free at the LBJ School of Public Affairs on Thursday, November 5, at 7 pm (doors open at 6:30 pm).  Admission is free, but you must register at this site, which has more details about the event.  Following the film, there will be a panel discussion moderated by LBJ senior lecturer Michele Deitch with filmmaker Alison Armstrong, journalism prof Michael Berryhill, and Houston LGBT activist Maria Gonzalez.  Some of the subjects from the film will also be in attendance.

RELATED: See Michael Berryhill's essay on this case from 2013.

Grits' note: This is the inaugural post from Michele Deitch, an attorney and senior lecturer at the UT-Austin LBJ School and another of the terrific new folks I've asked to join me writing on Grits. Michele's impressive depth of experience on criminal justice issues dates to her stint as a full-time monitor for the federal court in the Ruiz case, which means she's been at this even longer than me! At the Texas Legislature, Michele is a trusted voice both on juvie and prison condition issues. I'm grateful she's agreed to do this.

On 'Cops in Lab Coats,' the pitfalls of basing police practices on Jonah Hill, Wallace Jefferson for SCOTUS(?) and other stories

Before the day's family festivities begin, here are a few items which deserve Grits readers' attention but haven't made it into independent posts:

The case for raising the age of criminal culpability based on Pearland ISD cops mimicking Jonah Hill movies
Dan Solomon at Texas Monthly described an 8-month undercover sting at Pearland ISD and the episode's idiotic if inescapable similarities to the 21 Jump Street franchise, comparisons to which consumed national media coverage about the event. Playing the killjoy, Solomon framed the issue in terms of Texas' "raise the age" debate, declaring: "It’s frightening that a high school junior who hasn’t committed a violent crime (none of the charges in the sting are for violent crimes), might find himself or herself facing time in an adult facility designed to imprison violent criminals. And that prospect is only thrown into relief when we’re all laughing about Channing Tatum and Jonah Hill."

No room at the inn for civil commitment offenders
As the state struggles to find housing for civilly committed sex offenders, the Texas Senate Criminal Justice Committee prepares to hear legislation on Tuesday, elaborated in detail by guest blogger Nancy Bunin in this Grits post, to revamp the program. Jefferson County Commissioners blocked using a facility in Beaumont. Even the private prison companies don't want them. The Geo Group "said in a statement that its mission 'no longer aligns' with housing" this cohort.

Casey: Wallace Jefferson for SCOTUS
Long-time columnist Rick Casey poked his head up out of retirement to suggest a potential dark horse nominee for US Supreme Court, should there be another opening: Former Texas Supreme Court Chief Justice Wallace Jefferson, who Casey rightly speculated is somebody who could actually be confirmed by the Republican-controlled US Senate. Rick Perry has already named Jefferson twice to Texas' high civil court, first as a Texas Supreme Court Justice, then as its Chief Justice. So it's intriguing to imagine that Barack Obama might consider a high-profile Rick Perry appointee for SCOTUS. Indeed, while a longshot, it's not entirely outside the realm of possibility that Jefferson could ascend to the court with either man as president. Where do I get my "Wallace Jefferson for SCOTUS" bumper sticker?

Justice Kennedy: Corrections system misunderstood, broken
Speaking of SCOTUS, when asked this week about prison overcrowding while testifying before a congressional budget subcommittee, Justice Anthony Kennedy took the opportunity to expound on prison policy, declaring, “The corrections system is one of the most overlooked, misunderstood institutions we have in our entire government.” “In many respects, I think it’s broken,” lamented the 78-year old Reagan appointee.

'Cops in Lab Coats'
According to this press release, "University of Houston Law Center (UHLC) Professor Sandra Guerra Thompson argues in her released new book. 'Cops in Lab Coats, Curbing Wrongful Convictions through Independent Forensic Laboratories' is published by Carolina Academic Press."

Of glitter bombs and bathroom blues
The Texas Tribune provides balanced coverage of an unbalanced issue: Legislation to criminalize using the wrong restroom, honing in on Rep. Debbie Riddle's legislation highlighted by Grits back in February. The story doesn't mention it, but there's little doubt these bills were the proximate cause of the representatives' district office receiving a "glitter bomb" last month. Her bills have been referred to the State Affairs Committee which is chaired by Byron Cook, a notably open minded Republican when it comes to civil rights for gay people. Grits continues to believe that, if Riddle's bill criminalizing business owners who let someone use the "wrong" restroom were to pass, it would foster the unintended but entirely predictable consequence of rapidly promoting unisex bathrooms to avoid civil or criminal liability. This one's a "be careful what you ask for" moment. I'm not sure everybody has thought this through.

More arrests over faked police training
Arrests warrants for the Hill County Sheriff and three of his employees were issued recently alleging they falsified training records based on an investigation by the Texas Commission on Law Enforcement, adding to a growing list. Grits' belief is that these cases argue for the sort of independent prosecution of police misconduct (by the AG or a special prosecutor) discussed in Reps. Dutton's and Reynold's bills recently at the Lege. Local prosecutors have strong disincentives not to prosecute cases where faked training may endanger the credentials of large numbers of officers in a department - the same folks who are witnesses in all their cases and who they work with every day. In cases like these, it makes more sense to separate that function from local politics.

Bathroom bill spawns glitter bomb protest

State Rep. Debbie Riddle's district office in Montgomery County received a "glitter bomb" in the mail, reported the Texas Tribune, in response to which a DPS captain sent around a document (pdf) to legislative offices titled "Glitter Bombing: Weapon of Choice for Gay Rights, Pro-Choice Activists." A glitter bomb is a spring loaded package which spews glitter around the room when it's opened. So elevating its status to weaponry is a stretch, but we are in the Era of Hype and Hysteria where overstatement is the watchword of the hour. Every minor threat must be hyped to the Nth degree: It's a rule.

The Tribune offered no suggestion why Debbie Riddle might have been victimized except for a reference in the document from DPS declaring that "The common denominator among [targets] is a conservative orientation and opposition to gay rights, especially marriage equality." But I doubt this had anything to do with marriage equality. Grits would bet dollars to donuts this protest was about telling transgendered folk where to go to the bathroom.

Grits felt a momentary twinge of guilt upon hearing that Riddle's district staff were glitter bombed, since this blog broke the story about the bill that is almost certainly the proximate cause of the episode. But somebody would eventually have noticed the legislation and the reaction was bound to be negative, whatever the source from which folks heard it. To be clear, while Riddle's bill is goddawful, I also don't condone harassing her staff or creating extra work for the cleaning crew (anyone with kids knows that glitter is incredibly hard to remove).

Indeed, from the perspective of trying to prevent Riddle's bathroom bills from passing, such pranks aren't just childish but counterproductive. These sorts of juvenile tactics don't help anyone's cause except, ironically, Debbie Riddle's.

Debbie Riddle wants Potty Police to combat gender bending in Texas restrooms

From the "You Can't Make This Stuff Up" Department, I think this may be my favorite* new crime proposed yet in 2015: Texas state Rep. Debbie Riddle has filed legislation making it a Class A misdemeanor for a transgendered person to use the restroom of their adopted gender, even after reassignment surgery, and a state jail felony for a building manager to allow them to do so.

Indeed, the bill goes beyond transgendered people to criminalize anyone entering the restroom of the opposite gender with three exceptions: if they enter for custodial purposes, to give medical attention, or accompanying a minor under eight years old. I can think of more than one instance in my life where I would have committed a Class A misdemeanor under this provision, how about you?

My wife suggested that many women may have violated this proposed law at nightclubs or public events because the lines to women's restrooms are always quite long and the stalls in the men's room are frequently empty.

Criminalizing that demographic may be an unintended consequence. But to me, what makes it look like the bill targets transgendered folk are the particular gender definitions imposed in the bill:

For the purpose of this section, the gender of an individual is the gender established at the individual's birth or the gender established by the individual's chromosomes.  A male is an individual with at least one X chromosome and at least one Y chromosome, and a female is an individual with at least one X chromosome and no Y chromosomes.  If an individual's gender established at the individual's birth is not the same as the individual's gender established by the individual's chromosomes, the individual's gender established by the individual's chromosomes controls under this section.

That definition understates the complexity of possible chromosomal variations and conflates a cultural construction - "gender" - with chromosomal sex determination in ways that don't jibe with modern understanding. "Gender" is not necessarily "established by the individual's chromosomes." According to the World Health Organization, "Gender, typically described in terms of masculinity and femininity, is a social construction that varies across different cultures and over time. There are a number of cultures, for example, in which greater gender diversity exists and sex and gender are not always neatly divided along binary lines such as male and female or homosexual and heterosexual." One may or may not agree with that assessment of gender vs. sex, culture vs. science, but the WHO analysis points to the fact that these questions are not nearly so cut and dried as the binary framework suggested in Rep. Riddle's bill. At a minimum, it would set the stage for years of litigation as every gender-identity permutation steps forward to assert their preferences. Implementing this statute would be a full-on mess.

Ironically, it's likely that, if this bill passed, it would hasten the move toward unisex restrooms so that building managers wouldn't risk committing a state jail felony if the wrong person uses the wrong toilet. It'd seem like the only rational response from a business perspective. Why risk committing a state jail felony when you can eliminate the possibility by posting two stick figures on the door instead of one?

Unintended consequences, anyone?

*My "favorite" not because I approve of the suggestion but because I'm entertained by it.

MORE: Apparently this group has been promoting this idea for some time. Their effort appears to have begun in earnest after Houston Mayor Annise Parker issued an executive order allowing "transgendered individuals to use restroom facilities in city-owned buildings for the gender with which they identify." Last year she backtracked on the issue, to a degree. AND MORE: Checking Google News, I discovered there is legislation on this topic (failing) in Kentucky and Florida. According to this source (Feb. 10):

In 2013, a proposed bill in Arizona (why is it always Florida and Arizona?) would have allowed police to stop anyone suspected of using the "wrong" bathroom and demand identification. Had the bill not been defeated, violators would have faced a $2,500 fine and up to six months in jail. Earlier this month, a Colorado bill that died in committee would have banned transgender students from accessing changing rooms.

So this is a coordinated effort across multiple states, not just one oddbird bill in Texas.

AND MORE: This article from Towleroad followed up on Grits' story and has been driving a lot of traffic here. WOAI Radio covered the bill and contacted Debbie Riddle's office, who surprisingly declined to comment. Rep. Riddle hasn't been microphone-shy in the past. The San Antonio Current also ran a piece. AND MORE: Texas Monthly picked up on the story. See coverage from The Advocate and State of Trans. 

And three days after Grits broke this story, there's this: Via the Dallas Voice, Equality Texas put out an action alert opposing Riddle's legislation.