APPEALS COURT REINSTATES PRISON BRIBERY CASE

An appeals court has reinstated a criminal charge against a prison
employee who allegedly accepted $100 for giving tobacco to an inmate.

Janice Boado, 41, then a clerk for the state prison system in
Huntsville, was indicted for bribery for making the delivery in April
1995, one month after all state prisons were declared
"tobacco-free."

A Walker County state district court judge had thrown out the
indictment ruling that there is no law against giving an inmate
tobacco. But the 1st Court of Appeals reinstated the criminal charge
on Thursday.

However, the three-judge panel of the appellate court did not say
whether it is a violation of the law for a jailer to give an inmate
tobacco. It simply said the trial judge did not have the authority to
make that determination in a pretrial setting because the state's
evidence "with respect to the law" had not yet been heard.

Boado, 41, of Huntsville, claims that the allegations were fabricated
by an inmate who tried to curry favor with prison administrators,
according to her attorney Frank Blazek.

He had argued that Boado could not be charged with bribery even if she
did perform the transaction. Under state law, public servants can only
be charged with bribery for knowingly accepting money for violating "a
duty imposed by law."

Blazek said Friday that he will probably appeal to the Texas Court of
Criminal Appeals, because there is no factual dispute as to what the
law says. He said even if a prison employee accepted money for giving
an inmate tobacco, the charge should only be theft.

The distinction is significant in this case. According to Gina
DeBottis, a Walker County assistant special prosecutor, bribery is a
third-degree felony with a two-to 10-year prison term and a maximum
$10,000 fine. If Boado were simply charged with theft for accepting
the money, it would be a misdemeanor because the amount is only $100,
DeBottis said.

DeBottis said her office is satisfied that it has the evidence to
prove the allegations, but declined to discuss the details.

She said Boado should face bribery charges because she deliberately
accepted money in exchange for violating a duty imposed by law.

DeBottis said this is the first time a Texas appellate court has
examined whether a public servant can be charged with bribery for
taking money for violating a policy.

Boado could not be reached for comment.

According to Larry Fitzgerald, spokesman for the Texas Department of
Criminal Justice, Boado was employed as a clerk at the Huntsville unit
from July 18, 1994 to April 19, 1995. She resigned the day after the
alleged transaction.

Fitzgerald and the attorneys involved in the case said they did not
know if the resignation was related to the accusations.

Fitzgerald said Boado received hazardous duty pay, meaning she had
contact with inmates.

Blazek said his client is currently employed with Walker
County.