Inside look: Texas law fails mentally disabled boy sentenced to 100 yrs.

When an 18-year-old with severe cognitive disabilities performed sex acts on a 6-year-old neighbor, the modest town of Paris, Texas, was unforgiving. But Aaron Hart’s punishment, 100 years in jail for a single incident, has stunned veteran disability rights advocates, who believed counseling, probation or even placement in a group home would have sufficed for a first-time offender with the intellectual maturity of a First-grader.

The municipality of Paris (Population 26,000) is located in Lamar County, Texas. The Country motto: “Where the past meets Progress” The County District Attorney is Gary Young. The judge in this case; Eric Clifford , Lamar County 6th District Court Judge has quickly crawled under a stone and took his information of the Counties Web page: 119 N. Main,Paris, Texas 75460 Phone deleted, Fax deleted, E-Mail deleted. All other County judges and officials have their details listed on the web site.

The sentence raises important questions about how people with severe disabilities are prosecuted in Texas, at a time when both state lawmakers and the U.S. Supreme Court are considering the proper punishment for persons who are young, mentally disabled, or both. Repeat child molesters and rapists routinely receive lesser sentences than Hart’s.

The day following the press announcement about the Aaron Hart’s sentence, Texas Governor signed legislation aimed at improving safety and management of the state’s institutions for the mentally disabled. The system has been stung by allegations of extensive abuse, including fights between residents staged by workers. Dozens of residents have died under suspicious circumstances and hundreds of employees have been disciplined for mistreating residents. A 2008 review by the federal Department of Justice reported that residents’ civil rights were being violated.

“Those involved will be prosecuted to the fullest extent of the law,” Perry said.

Governor Perry obviously has not heard about the trial of Aaron Hart. Calls to his office by various news organizations have not been returned.

Aaron Hart, who has an IQ of 47 (which equates to age 6-7), was found to be mentally retarded as a child and placed in a special school curriculum. He never learned to read or write. His speech is unsteady. His disabilities made him a victim of bullies who stole his bikes and his shoes, his father said. After graduation, Hart, who does not have the capacity to work, was a regular presence in the neighborhood. He made friends with some younger boys, playing video games and doing household chores to earn money. On the eve of his arrest, he was excited about a fair coming to town and asked a neighbor if he could mow her lawn to get a few dollars. She found him in the back shed fondling her 6-year-old stepson. When the policemen arrived, they read Hart his rights, and he confessed to what he had done. As they transported him to jail, he asked repeatedly whether he would get paid for mowing the lawn.

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