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Travis County
Medical Examiner Update:
According to an article written on August 12th
2004 by Ben Wear of the American-Statesman News paper, On August 11th 2004
at approximately 10:47 p.m. at Manor Road and Northeast Drive streets,
Travis County Judge Sam Biscoe was arrested while driving his 2001 Ford, and
charged with driving while intoxicated, for reasons of failing to signal
while changing lanes, and according to police, Judge Biscoe’s vehicle was
drifting from the inside to the outside of it lane while driving.
Judge Sam Biscoe was reported to have been at a fundraiser for Casa
Marianella at the Nuevo Leon restaurant on East Sixth Street, and at the
Airport Club and Grill where he regularly attends discussing political
business with an associate.
The speed limit of the road Judge Sam Biscoe was driving on is 35 mph, and
at this time no report has been released stating that Judge Same Biscoe was
exceeding the posted speed limit.
Judge Sam Biscoe, a judge since 1999, presides over the five-member Travis
County Commis-sioners Court, and was elected to the court to represent
Precinct 1.
Under Texas law, a conviction for a first-offense driving while intoxicated
charge carries a minimum jail term of 72 hours and the maximum punishment
would be 180 days in jail and a fine of $2000.00
Ironically this arrest of Judge Sam Biscoe comes 12 days after Judge Biscoe
responded to a letter from The Rev. Dr. Sterling Lands, II, Senior Pastor of
the Greater Calvary Baptist Church and president of The Eastside Social
Action Coalition calls for an immediate investigation of the Travis County
Medical Examiner’s Office to determine if the examiners are and have been
properly accredited and credentialed from 1980 through 2004 and to determine
if proper procedure was followed during autopsies and court proceedings.
In a letter to Travis County Judge Samuel T. Biscoe and Travis County
Commissioners, dated 30 July 2004, Dr. Lands said, “Since 1998 there have
been 11 people, all but one of them minorities, that have died at the hands
of law enforcers. Some were shot, others were beaten.......voiced concern
over these senseless and unprovoked killings. In each case the autopsy
reports appear to indicate that the deaths were justified or unrelated to
any unjustified actions by law enforcement.” He also voiced concerns
regarding the countless numbers of Blacks who are incarcerated based in part
on testimony by the Travis County Medical Examiner’s Office.
The investigation is to include but is not limited to appropriate staff
background checks and board certifications, accurate resumes, proper
licenses, accurate autopsies and correct signatures on autopsies.
The Commissioners Court was requested to complete their investigation and
respond to the request by 13 September 2004.
In a response to Rev. Lands, Judge Biscoe indicated that the allegations
were general but were taken as very serious. Judge Biscoe stated that he
would, “have Dr. Bayardo (Travis County Medical Examiner) and his staff
review relevant documents and share them with me and other county staff. If
we determine that our findings warrant additional actions, such as a formal
investigation or referral to a criminal prosecutor, we will take them.”
Judge Biscoe indicated that he would recommend the autopsies be pulled and
reviewed for the eleven persons killed at the hands of police officers (or
as many as could be identified) since 1998 to determine if any of them
contain findings that were biased in favor of police officers or otherwise
unfair. He noted that this determination could be difficult for
non-examiners to make and that they may need to get the opinion of a peer
medical examiner who practices outside of Travis County.
Judge Biscoe stated that they would review the credentials of medical
examiners that work, and have worked, for Travis County
A question was raised about Dr. Peacock's credentials and certification
several months ago. Court members learned that she had been late paying her
annual dues. A complaint was filed by a citizen with the Board of Medical
Examiners. The results of that complaint are unknown at this time.
Dr. Bayardo has been Medical Examiner in Travis County for more than 20
years and has handled thousands of cases. Judge Biscoe stated that he would
“commit to take the steps necessary to fairly review the areas raised” by
Dr. Lands. Judge Biscoe stated that his “goal is to perform this work,
conduct a comprehensive review of it and share our findings ...... on or
before Friday, August 6.”
At this time there has been no statement from Judge Sam Biscoe or any
representative from his office stating that the current investigation of the
Travis County Medical Examiner’s Office will cease of has been hindered in
any way.
Is someone trying to make a statement to Judge Biscoe to stay away from the
investigation of the Travis County Medical Examiner’s Office?
Should the Black Community be stricken with fear about Driving While Black
in Austin?
Or, is this just a coincidence that Judge Sam Biscoe was charged with a DWI,
days after making a bold statement and commitment to investigate an area
within the Travis County Medical Examiner’s Office that perhaps have never
been challenged before? |