Charges dropped against honor student jailed for truancy
Updated 05:04 p.m., Wednesday, May 30, 2012
The 17-year-old Willis High School honor student whose 24-hour stay in jail for excessive truancy drew national attention has had the charge rescinded today, records show.
Precinct 1 Justice of the Peace Lanny Moriarty, at the Montgomery County District Attorney's request, signed an order that vacates the contempt of court conviction that sent Diane Tran to jail last week.
The decision clears the way for her to go to district court and have the issue entirely expunged from her record.
The action was taken, in part, after Moriarty looked at the extenuating circumstances that had resulted in Tran missing school and because her court summons had failed to notify her of her right to an attorney or to have one appointed for her, officials said.
Moriarty had counseled Tran the first time she was summoned to his court for excessive truancy on April 25. He explained the importance of attending classes and ordered her to start attending regularly.
But then on May 23 Tran was brought back for failing to attend an additional four days and missed part of another four days.
Tran, a junior, could not be reached for comment. Her attorney, Brian Wice, said he is working to get her record expunged and does not want her talking to anyone until that is complete.
Her case created a national uproar after various media reported that she had legitimate reasons for being too exhausted to attend classes. In a with KHOU (Channel 11), Tran cried about her parents divorcing and leaving her to fend for herself. She talked of working two jobs and helping support two other siblings.
She was living three or four days a week with the owner of a wedding venue, The Vineyards of Waverly Manor, the owner's granddaughter, Starla Hill said.
"The rest of the time she stays at her own apartment where her father visits her when he's not working in Houston," Hill said.
To support herself, Tran helps cater the wedding events on the weekends and then works at a dry cleaners everyday after school until it closes at night, Hill said.
Some of her money also helps assist a younger sister living with another Houston relative and her brother who is attending Texas A&M, Hill added.
When her jobs are done, Tran must also complete hours of homework for the heavy course-load she's taking.
"She's not failing any classes and getting more As than Bs," said Hill, who felt locking her up in jail was wrong.
"She's doing the best she can."
Willis ISD spokeswoman Erin Kleinecke said mandatory attendance laws require schools to report any child who has repeated absences and any penalties issued are at the court's discretion.
Kleinecke said she could not discuss the particular student's grades or attendance records.
http://www.chron.com/news/houston-te...or-3596613.php
Seems that JP Judge got his arse reamed by the DA. Wish the DA had sentenced the JP to a 24hr jail stay.
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