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Texas This Week: KVUE's Erica Proffer discusses allegations surrounding Bastrop center for foster children

This week, a federal judge asked investigators to look into allegations of sex trafficking at a Bastrop shelter for girls who survived of sex trafficking.

AUSTIN, Texas — In this week's edition of Texas This Week, KVUE's Managing Editor of Political Content Ashley Goudeau discusses the week's top political headlines, the signing of the Emmett Till Antilynching Act, and KVUE Defender Erica Proffer shares the latest on the investigation into The Refuge. 

Three things to know in Texas politics

1. Texas Lyceum Poll: Gov. Greg Abbott and Beto O'Rourke in tight race

The Texas Lyceum Poll released a March poll on the race for governor this week. The non-partisan group polled 1,200 Texas adults and 926 of them self identified as registered voters. The registered voters were asked who they would vote for if the election was held today. The answer –the candidates are pretty much tied. Forty-two percent of voters say they're backing republican Gov. Greg Abbott while 40% say they'd vote for Democrat Beto O'Rourke. The governor's lead is well within the margin of error, making this a tight race, especially with 11% percent of respondents saying they haven't made a decision.

RELATED: Gov. Abbott leads Beto O'Rourke by 2% in latest Lyceum poll

2. Investigation reveals AG Ken Paxton costing taxpayers for attempt to overturn 2020 election

A new report from the Houston Chronicle found Texas Attorney General Ken Paxton's efforts to overturn the 2020 election has cost taxpayers $45,000 and that number is expected to increase. The charges stem from complaints filed against Paxton to the state bar. Some of those complainants say the attorney general filed a frivolous lawsuit because he knew statements included in the lawsuit, which was quickly thrown out, were false. 

RELATED: Attorney General Ken Paxton's failed 2020 election lawsuit costing taxpayers thousands, report says

3. Texas schools may not lose funding due to COVID absences

This week, Gov. Greg Abbott and the TEA announced districts will be allowed to adjust the attendance data that's used to calculate funding to compensate absences. This is the third time the state has made adjustments during the pandemic.

RELATED: Gov. Abbott, TEA announce funding adjustment to sustain in-person instruction

Erica Proffer discusses investigation into The Refuge 

This week, a federal judge asked investigators to look into allegations of sex trafficking at a Bastrop shelter for girls who were previously victims of sex trafficking. KVUE Defenders Investigative Reporter Erica Proffer joined Ashley Goudeau to break down the hearing and what state leaders say happened to the children at The Refuge.

Ashley Goudeau: Before we dive into what happened at the hearing earlier this week, let's take a step back and talk about The Refuge and how all of this really just came out, these allegations. Tell us what happened.

Erica Proffer: "So it started with a court filing. A DFPS filed something with the, what's called the court monitors. And that letter that filing, once it hit public record, it became knowledge, right? And it said that there were these several allegations, they had taken in several calls complaining about sex trafficking and sexual abuse at The Refuge. And so that once that hit, that's when everybody said, okay, let's see what's going on here."

Goudeau: Yeah. When we talk about court monitors, we should point out that this is part of an 11-year-old case that the federal government said the State of Texas violated the rights of these children in foster care, and so they needed monitors to make sure that the state was doing what it was supposed to do. One of the things that's interesting about what DFPS sent the court monitors is, that the widespread allegations, right that were in the letter, which was that, you know, several employees were abusing several children. Right? It rang a lot of alarms.  

Proffer: "It rang a lot of alarms. And it, because it made you think that it was still going on and that kids could still be in danger. And they pulled out the kids just the day before that letter was filed. So that's what also raised up saying, OK, wait, what's going on that is that could be putting our kids in danger."

Goudeau: The reaction incredibly swift. Once this became record, right? We had the governor asking the Texas Rangers to investigate. The lieutenant governor and the speaker of the House had committees they appointed. They asked them to have hearings. Those hearings were held at the capitol. So let's talk about what was said during those hearings, starting with what the Texas Rangers said was actually happening at The Refuge.

Proffer: "So what we heard from the Texas Rangers, the DPS director, Steve McCraw, told the lawmakers that, essentially, there was no sexual abuse and there was no sex trafficking. However, he does have reason to think that there was child exploitation as well as possible child pornography charges, but no one has been charged at this time."

Goudeau: So we've got the Texas Rangers saying there's something going on, but it's not sex trafficking. We have DFPS admitting that there were some failures that happened and there are some things going wrong with their systems, and then we have the court monitors, right? What are they saying about all of this? 

Proffer: "And they're, they're also they're in a way they're siding with DFPS in that it is sex trafficking. And by the way, The Refuge even would say they would put it as sex trafficking, looking at what alleged, right?"

Goudeau: So let's pause. So what is alleged because I don't think we've got I don't think we've actually gotten there yet. 

Proffer: "So generally speaking, it is a former employer, former Refuge employee. The allegation was that she was taking nude photos of two girls there, selling those photos for drugs and or alcohol and or cash right."

Goudeau: To give to the girls.

Proffer: "To give to those two girls, right. The same, two girls. So that's the overall investigation. And so The Refuge said, you know, we, we have confirmed –following even with the DPS investigation – we have confirmed that something along those lines happened. And so in their eyes, absolutely. Like, let's look it, in their eyes it is human trafficking or sex trafficking, or at least sexual abuse. But there are obviously going to go with the criminal cases of it too."

Goudeau: Which, and the Texas Rangers, we should say they, they are more limited on what they can actually call things in terms of the evidence that they can produce, which is why they're trying to say child exploitation.

Proffer: "Right. And so if you look at the monitor's report, you can sort of piece together maybe why DPS, why the Rangers are hesitant in calling sex abuse and sex sex trafficking. But what, what they have to prove – they being the Rangers – they have to prove it beyond reasonable doubt, right? It has to go into court. Beyond reasonable doubt gets you that that verdict, that guilty verdict. And that's what they're trying to prove. And they can prove exploitation. They can prove child pornography. It's all of the details as to how that photo got on the phone because it was on her phone, who sent the photo for it to be sold, if money was exchanged and then, and then drugs. And so it's a lot of connections that they have to prove. They know that there were pictures on the phone. They know that, you know, it was intended for drugs to come in. And so those were the things that they can, they can say, 'OK, this is exploitation. This is child pornography.'"

Goudeau: And so when we had that federal court hearing earlier this week with Judge Janis Jack, what happened in the hearing?

Proffer: "So she gave kind of everybody a hard time. She said everybody needs to, you know, to basically be in shape. And she gave praise to the court monitors for really going in depth. However, the court monitors had limitations. What we learned is that DFPS didn't share the interviews that they took with the girls. And so Judge Jack gave them a very hard time, almost held them in contempt of court for not for not handing over the interviews. But they are going to share it. They didn't have to do it during the court yesterday, but or earlier this week, but they did have to to to share it. " 

Goudeau: And the judge actually wants to see if there are some federal charges that should be filed here.  

Proffer: "Absolutely. Because, because the Rangers are, you know, and Director McCraw came out and said, no sexual abuse, no sex trafficking. You know, even though DFPS and the monitors are saying, we think there might be, that set up the flag for Judge Jack. She said, you know what, let's have the, you know, let's let's get a federal investigation into this. And she also said that her her belief, while she does believe in the Rangers, she thinks in this case that they may have other motives."

Goudeau: What about The Refuge? What's happening with the shelter itself right now?

Proffer: "Some of the issues that DFPS brought out was some issues with some background checks. And that, since that was found they have since hired a consulting firm and a different firm to background everybody that they have already there and that consulting firm that the CEO told lawmakers that came from recommendation from Governor Abbott's office and the Attorney General's Office. But they didn't say who that was. Right now they're not in operation. The DFPS has a, I guess it would be considered a suspension until about mid, it was a 30 day, so about mid-April. And then, they I mean, they're hoping to to open back up. And say, look, we fixed everything that that has been wrong. The employee doesn't work here. Other employees that were in trouble for other things, they don't work there. And so they they want to open back up."

Emmett Till Antilynching Act

Ashley Goudeau shares thoughts on the signing of the Emmett Till Antilynching Act: 

I want to take a moment to recognize a piece of legislation signed into law this week that is long overdue. 

One-hundred twenty-two years after it was first introduced to Congress – after hundreds upon hundreds of attempts by lawmakers to get legislation passed – lynching is now a federal hate crime in America. 

President Joe Biden signed the Emmett Till Antilynching Act into law on Tuesday in the presence of Till's family and other civil rights leaders. 

For hundreds of years Black Americans lived in fear that they could be kidnapped and killed in these violent, public acts of torture. The Equal Justice Initiative, through extensive research, found that between 1877 and 1950, the peak of terror lynchings in America, more than 4,400 people were lynched. But we know the true number of is far greater and we know lynchings occurred after 1950.

When I think about this law, I can't help but think about James Byrd, Jr. lynched in 1998 in Jasper, Texas. 

The overwhelming majority of these victims of terrorism will never know justice and for their families this law may feel like too little too late. But it is significant nonetheless and hopefully a step forward in creating an America that truly promises liberty and justice for all. 

The Last Word

In this week's edition of The Last Word, Ashley weighs in on a joke that was made about Texas at the Oscars.

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