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Homeless man's letter: Judge in ‘grave danger’

by Chris Paschenko / The Daily News

khou.com

Posted on November 11, 2009 at 7:38 AM

GALVESTON, Texas — A Galveston County judge recused herself from the trial of a homeless man who sent the judge letters informing her she was in "grave danger."

With at least one San Diego FBI special agent present during Monday’s trial, Clayton Eric Claflin, 37, was convicted of criminal trespass, stemming from his July 16 arrest from refusing to leave Workforce Solutions at the Island Community Center, 4700 Broadway.

Claflin, who remained incarcerated until Monday’s trial, represented himself and sent several motions to County Court Judge Mary Nell Crapitto.

In an Oct. 23 motion, Claflin accused jailers of "strenuously persecuting" Muslims for legitimate practice of their faith.

Muslims are permitted to practice their faith as far as their position as an inmate will allow, Maj. Ray Tuttoilmondo, a Galveston County Sheriff’s Office spokesman, said.

‘Grave Danger' Letters

Claflin also sent three letters via the jail’s internal mail system to the Criminal Justice Center, telling Crapitto she was in "grave danger."

"Defendant requests change of venue on the grounds that Honorable Judge Mary Nell Crapitto presiding has been informed by the defendant her honor is in grave danger," a handwritten exhibit signed by Claflin states.

Another letter, dated Oct. 18 and stamped Oct. 30 by the county clerk, contains three paragraphs.

It begins, "Dear honorable Judge Crapitto: Your honor is in grave danger."

The next two paragraphs contain more than 200 handwritten characters consisting of random repeats of consonants, vowels and numbers with no spaces in between.

The letter is then signed, "Very truly yours, Clayton Claflin."

Crapitto declined to comment.

Retired Brazoria County Judge Ogden Bass presided in Claflin’s trial, Galveston County prosecutor Virginia Jones said.

Claflin "was extremely adamant on having a trial," Jones said. "Even though he pled not guilty, he didn’t contest anything."

San Diego FBI Sits At Trial

Claflin was found competent to stand trial, Ted A. Weems, misdemeanor division section chief for the Galveston County District Attorney’s Office, said.

The jury returned Claflin’s guilty verdict in four minutes, Jones said.

Weems was aware of more than one FBI agent present at Claflin’s trial.

One special agent gave prosecutors a card, which listed a number from the FBI’s San Diego field office.

A Houston FBI spokeswoman had no comment on the matter Tuesday afternoon, and a San Diego FBI spokesman would only confirm that a special agent was in Galveston on "official business."

UT Grad Attended Law School

Claflin, a University of Texas graduate, attended law school, Jones said. Jones was unsure which school of law he attended, she said.

Claflin argued he couldn’t be told to leave the community center because it was public property, Jones said.

Jones told the jury that wasn’t the way courts interpreted the law.

"The White House and Pentagon are supported by tax dollars, but you just can’t walk anywhere in there," Jones said, noting restrictions exist on public grounds.

Claflin’s five other charges, including trespassing at the center, harassment and terroristic threats, were dismissed for various reasons, such as insufficient evidence, Tuttoilmondo said.

The Workforce Center had no immediate comment on Claflin. The center provides computers strictly for people to use the Internet to look for jobs, Workforce spokeswoman Sue Cruver said.

Bass didn’t give Claflin, who listed no home address, the maximum sentence on his conviction. He received a 120-day sentence, a $500 fine and was released from jail for time served, because he had already spent enough time in jail awaiting trial to cover his sentence.

This story was brought to you thanks to khou.com's partnership with The Galveston County Daily News.

 

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