Sheriff Roberts Found Guilty Of Retaliation

Today, Sheriff Robert Roberts of Winkler County was found guilty of Improper Use of Confidential Information, among other charges.  This verdict, while just, was a little bit of surprise to me, given the reluctance of juries to convict peace officers.  In this case, however, Robert Roberts was clearly in the wrong, clearly was acting under the color of his officer strictly to benefit his friend, and was clearly acting maliciously against nurses Ann Mitchell and Vicki Galle.  The Sheriff's sentence was fairly light, but he was removed from office, and that is the  most important thing.

I suspect that Robert Roberts, the former Sheriff of Winkler County, is now looking back with regret, wishing he could go back and change the way he handled this particular "investigation."  This case, in which two nurses were investigated after using the Texas Whistle Blower's Act in good faith and were prosecuted for misuse of confidential information, probably marks the first time a sheriff has personally investigated nurses in this way.  Possibly it will be the last time.  The lesson that peace officers should bring from this case is that an investigation that is obviously not in good faith will ultimately undo the investigator. 

I have been on both sides of the badge now, and I can say there were times over the years that I was tempted to act as Sheriff Roberts did, under the color of legal authority, to do a favor for some friend.  A police officer, however, cannot show favor, even with good intentions, and certainly not with malicious intent, to "help a friend" if the help involves carrying out illegal actions and hiding behind the badge, that sacred symbol of public faith.  The jury did the right thing by convicting Sheriff Roberts.  The judge furthered the jury's action by ordering the Sheriff to surrender his Peace Officer's License and by removing him from office. 

Both Ann Mitchell and Vicki Galle are vindicated in their actions, but they were both subjected to more than 400 days of anxiety and fear during their ordeal.  The Sheriff will spend about 400 days in his own jail, but I doubt seriously if he will be in with the general population.  Both nurses lost their jobs and faced such hostility that they were no longer able to work in the Kermit area.  Mr. Roberts will no doubt have a fairly easy time after returning to the private sector in Kermit.

Nonetheless, Sheriff Robert's conviction will put the teeth back in the Whistle Blower's Act, and will restore the faith of nurses in our legal system.  Very often the only people that are medically competent to recognize a doctor's malpractice are nurses.  Very often the only witnesses to such malpractice are nurses.  Thanks to today's verdict, nurses will be able to do their jobs and know that they will not become victims of unwarranted criminal prosecution if they ever have occasion to resort to the Texas Whistle Blower's Act.  By extension, patients in hospitals will be safer because nurses can provide care and vigilance, without fear of reprisal.