Some think that there is no justice in Paris, Texas for the victims or the accused. This is a story of the accused. In September of 2008, 18yr-old Aaron Hart was charged with sexually assaulting a 7-year-old neighbor boy behind a tool shed. Hart confessed that he forced the boy to perform oral sex. The boy’s stepmother had discovered them both behind the shed with their pants lowered. Hart’s court-appointed attorney entered guilty pleas on his behalf to five felony counts and a jury recommended multiple sentences which Judge Eric Clifford ordered to run consecutively for a total of 100 years.
I am sure we can all agree what Hart did was wrong and disgusting. It has also been discovered that Hart has an IQ of 47 and he functions at the level of a 9yr-old. The boy he molested is mentally disabled as well. The judge and the jury never heard any expert testimony about Hart’s mental functioning, his capacity to understand his Miranda rights or his ability to assist in his own defense, because his attorney never subpoenaed any experts. Since he’s been in jail, Hart has been repeatedly raped according to his parents. The first assault allegedly by an inmate who is serving a sentence of eight years for sexual indecency with a child. That inmates mother was so disturbed she called Hart’s parents to apologize.
The town of 26,000 drew national civil rights protests in 2007 following news reports of a 14-year-old black girl who was sentenced to up to seven years in youth prison for shoving a hall monitor at her high school and a 14-year-old white girl who was given probation for the more serious crime of arson. More racial tensions erupted last year after the slaying of a 24-year-old black man and the arrest of two white men.
Allan Hubbard a spokesman for prosecutor Gary Young acknowledged that more serious sexual offenders have received much shorter sentences. He told the Paris News:
“You don’t want to send (Hart) to prison for life, but you cannot put him back on the street and worry about what he may do to some other kid. Speaking for myself and not for the district attorney’s office, this illustrates the need for some system between probation and life in prison for someone like this.”
Hart’s court-appointed attorney, Ben Massar, said he had recommended that Hart plead guilty only because he thought his client would be sentenced to probation.
“To me, this was a punishment case, and usually, in order to gain the benefit of more lenient punishment, like the probation we were hoping for, juries and judges like it when people plead guilty and take responsibility for their actions.”
The judge who stacked Hart’s terms to run consecutively, Eric Clifford, said he agonizes over his decision, driven by concern that Hart poses a danger to society.
“It was a sad situation. I was about to cry. The jury was crying.Everybody looked at everybody like what the hell do we do? The only option we were presented was prison. We don’t have any facilities in the state of Texas for any type of care for somebody like that. That’s the problem. It’s a terrible problem. I don’t know what you do with him other than what we did.”
So for more than six hours Tuesday many witnesses testified about the severity of Aaron Hart’s mental retardation and his inability to understand his legal rights as he sat silent and shackled in a chair fidgeting and making faces however in the end none of it made a difference. The 100-year prison sentence he gave Hart in February after Hart pleaded guilty to molesting a 6 year old boy stands. Lamar County Judge Eric Clifford denied defense motions seeking either a new trial or a new sentencing hearing for Hart. His former special-education teacher testified that Hart functions below the level of a 1st grader.
But Hart’s appellate attorney, David Pearson, argued Tuesday that Hart had received ineffective legal assistance because his trial attorney had failed to present any expert testimony about Hart’s mental functioning or his ability to comprehend the charges against him.
“This case cried out for a mental health evaluation, to explain this disability to the judge and jury, one of the features of people with this kind of mental retardation is they cannot appreciate degrees of wrongfulness.”
District Atty. Gary Young countered that a court-appointed expert had determined that Hart was legally competent and that a jury had determined he was a danger to the community. Clifford, who last week said he had agonized over the case, took only a few seconds to issue his ruling.
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9. February 2010 at 6:16 pm
Sue, really he sexually assaulted a little boy and you think he shouldn’t be in jail REALLY ? I bet if he was caught selling drugs you would be singing a different tune. And selling drugs is hardly compared to what this boy has to live with now.
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24. September 2009 at 8:47 am
Is there anything being done to help Aaron Hart? Can the case be appealed in a higher court? What about petitioning the governor of Texas or the President of the United States for clemency? That a mentally handicapt young man can be sentenced to 100 years in prison is truly a cruel and unusual punishment.
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12. September 2009 at 1:02 pm
I don’t need to make a poll there, because I go to these schools.
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11. September 2009 at 4:35 pm
Allie thats a lie. First of all, the hall monitor, Cleda Brownfield, was in her 50s and she wasn’t a candidate for a nursing home. She was and still is a hall monitor whose job is to be around teenagers who are running, jumping, fighting or whatever in the hall. The hall monitor was not injured. Cotton was. The arrest was about retaliation against a mother because of the complaints she had filed against the school. The statement about beating up her mother is an ignorant lie. People spread lies when the truth is something they don’t want to hear. To find out if the kids get along in school, you would have to poll the kids. You haven’t done that. Paris keeps making national news because the officials there are backwards and don’t seem to know right from wrong. While the rest of the world is shocked and appalled, certain residents of Paris seem to be one pancake short of a stack.
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5. August 2009 at 3:25 pm
[about the girl who got in trouble for pushing a hall monitor] First of all the hall monitor was like 80 something years old. second, as soon as she came home from all this she beat up her mother, HER MOTHER, because she wouldnt give her money to go out.
Paris is not a bad town, I live there and most of the people that get so upset with these rulings and other things are people who don’t even live in Paris.
There is not a lot of “Racial Tension” sure there may be some with a few court rulings and the black panthers showing up, but if you walk into a paris isd school all the kids (no matter their color) get along there.
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13. April 2009 at 2:53 pm
(How about any of you who has a real problem with Texas’ lack of an incarceration/punitive-based mental health alternative focus their attention on the lawmaking body – the Texas legislature – and not on the police and court systems charged with enforcing those laws.)
NO NOT AT ALL.
What problem I have with Texas and it’s corrupt justice system is the DA’s being allowed, SELECTED JUSTICE.
No small town pimp DA should have that authority. It is a move of corruption.
Making it easy to Buy DA’s AG’s and Judge’s off.
We need a system in this state that works.
That would also Rick Perry and Kay Baily.
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10. April 2009 at 1:11 am
Black Jesus is come. Now that is out of the way. If this young man has a low I.Q. and the mentality of a six to nine year old, what does that tell us? It tells us that this man was sexually assaulted himself, probably by a white man. Because we all know “my baby di’int do nuffin’”, praise black Jesus!
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8. April 2009 at 6:32 pm
My Eyes just popped out of my head when I seen that court document! So I see that Minorities and the mentally afflicted in Paris, Texas are the ones that get longer sentences…
Mr. Hubbard since you are the spokesman for Gary Young, DA for Lamar County, what is the explanation for this?
This is puzzling..
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8. April 2009 at 6:29 pm
Anonymous thank you for the insight into this story. This story is agonizing and a change should be made. It’s time for Paris, Texas
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8. April 2009 at 6:28 pm
If Eric Clifford is so concerned about making sure sex offenders aren’t on the street again, what about this individual who isn’t mentally retarded? Are the mentally retarded the only people who need to be kept off the streets forever? Aaron gets 100 years for the same offense this guy gets 4 years.
In the 6TH DISTRICT COURT
Lamar County, Texas
Cause No. 23010
STATE OF TEXAS VS. BRADY ALLAN GOSS
Defendant
Goss, Brady Allan
654 E Washington
Paris, Tx 75460
White Male 5′ 11″ 155 04/01/1989
DL# TX-22950762
Defense Attorneys
Massar, Ben (Bar # 00791198)
Case Information
Filed on 12/11/2008
12/07/08-AGG SEXUAL ASSAULT CHILD
2nd Degree Felony
Current Status: Disposed/Confinement
Bond Reset Issued on 02/17/2009
Warrant Status: Closed Warrant
$100,000.00 Bond Posted on 02/17/2009
Current Status of Bond: Bond Reset By Judge as of 02/17/2009
Disposition Information
02/24/2009 – *guilty/nolo Plea-no Jury-sentenced
Presiding Judge: ERIC CLIFFORD
Confinement: Texas Dept Corrections – 4 Years
Court Costs: $700.00
Attorney Fees: $350.00
Current Balance: $1,050.00
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8. April 2009 at 6:19 pm
Full Honors have been given to Mr. Witt, and I am also considering writing a blog to bring attention to the fact that Mr. Witt who is in Chicago has brought attention to Paris, Texas. It is much appreciated.
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8. April 2009 at 6:17 pm
If Mr. Witt is not complaining about his story being used, why should you care Mr. Hubbard? I was in the courtroom too. Inside the shed, behind the shed, what does it matter? Since you were in the courtroom, why don’t you post about how Aaron Harts Life Skills teacher for four years testified that Aaron had the mentality of someone 6 or younger and how theres no possible way he could understand his rights, the consequences of his actions, or make the decision to plead guilty with the knowledge of what that meant. Why don’t you post how an expert witness testified that there are other alternatives other than prison or probation but since his attorney Ben Massar never attempted to hire a mitigation expert who specializes in finding alternatives to prison, Aarons rights were denied. Tell them about how Ben Massar himself testified that he did not even attempt to hire an independent expert witness to challenge the states claim Aaron was mentally competent to stand trial. When you say he was found competent, you fail to mention it was the D.A. and the Dr. Dr Bell the state appointed that said he was competent, not anyone working on Aarons behalf. Tell them how Ben Massar testified he didn’t attempt to obtain any mental health records from Social Security which may have been a help nor did he attempt to contact any teachers or anyone period who could testify on Aarons behalf. Tell them how the investigator who worked with Ben Massar testified that when Massar was advising Aaron, he didn’t believe Aaron understood. And since you’re a “minister” and a crime victims advocate Mr. Hubbard, what about Aaron? He was raped while in Lamar County jail. Do you or Eric Clifford have any concern about that? Is Aaaron not a victim? As far as I know, nothing has been done about that at all. No charges have been brought against the rapist and Aaron was never even taken to the hospital. There has been testimoney that Aaarons IQ is 47 and testimoney that its 52. What difference does it make? Either fall into the moderate level which means he is functioning at a 6 year old level. You’re right, laws need to be changed but the Lamar County criminal justice system needs to be changed too. Eric Clifford had other choices. His claim he agonized over the case is a lie. If you recall, he made his decision in less than a minute.
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8. April 2009 at 6:12 pm
Mr. Hubbard,
Thanks for “clearing it all up.”
You can be knit-picky to veer away from the issues, however your town looks so bad right now it’s shameful. Actually Paris, Texas is like a black cloud in Texas right now. In the last few years nothing but negative stories have resonated out of your small East Texas town and it all comes from your office. So do you ever look within?
So I am curious… Is there that much of a difference between oh say 52-54 from 47?… Seriously..
I am not defending what Mr. Hart did because it is disgusting, however he will be raped in prison and you know thats not where he belongs. Sure.. push the issue back on someone else.
Mr. Hubbard, whatever happened to people who did the right thing for justice’s sake regardless of whos job it was?
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8. April 2009 at 2:45 pm
I was in the courtroom. I was part of the case in assisting the victim.
First you said the victim was 7, then you said he was 6. Which is it?
You got all your info either from The Paris News’ Bill Hankins or the Chicago Tribune’s Howard Witt, who were both in the courtroom. Nice stealing of information without giving credit to the reporters.
The act was discovered by the stepmom, and took place, inside the tool shed – not behind it. Of course, had you been at the trial you would know that. So would Witt. He got it wrong, too, and you did when you plagiarized his “work.”
How about any of you who has a real problem with Texas’ lack of an incarceration/punitive-based mental health alternative focus their attention on the lawmaking body – the Texas legislature – and not on the police and court systems charged with enforcing those laws.
There is probation. There is prison. He was found competent. In the trial yesterday, the appellate defense’s expert said Hart’s IQ was between 52 and 54. The 47 came from a 2001 test. Witt didn’t want to report that. 47 sounds much better.
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