Suspect in Mack murder appears in pre-trial hearing

By Janet Jacobs

Shaun Earl Arender, 20, who has been charged in the capital murder case of 6-year-old Hanna Mack, had a hearing Tuesday afternoon in District Court regarding his treatment in the Navarro County Justice Center.

Following the hearing, District Judge John Jackson ordered that Arender have access to his legal papers at all hours, and that as much privacy as possible be granted to the defendant during consultations with his lawyer. Arender remains in jail, unable to post a $2.5 million bond.

Currently, Arender is being held in a holding cell near the booking area with no clothes or underwear and only two blankets, two mats and toilet paper. His legal papers are kept in the booking area, and although he is allowed to see them when he asks, the papers are removed when he’s through, a jailer testified.

“We’ve taken anything he might harm himself with out of the cell,” Lt. Richard Holloway, assistant jail administrator, testified Tuesday.

Arender has tried to kill or harm himself three times in the year since he was arrested, and he has been threatened by other inmates, Holloway said.

On one occasion, Arender used a piece of broken plastic to cut his wrists, and in a second instance, he used a brad from his jumpsuit, and in a third instance he took pills.

“We have him in there for his safety, like protective custody,” Holloway said. “I just don’t want anything to happen to him.”

Under questioning from Mark Griffith of Waxahachie, Arender’s attorney, Holloway said he ordered the defendant a “humane smock” a poncho-type article of clothing that covers a prisoner down to his knees, but Arender tore it up within five to 10 minutes.

Griffith asked if other alternatives had been tried, such as a jumpsuit with Velcro fasteners, or a paper jumpsuit.

Holloway said he was afraid Arender would push the paper jumpsuit down the toilet.

“He put a sheet in the toilet, when he had a sheet,” Holloway said. That incident required a jail visit from Roto-Rooter.

Holloway said no paper jumpsuits are available now, and he can’t order anything “until after October,” the beginning of the new fiscal budget year.

Also testifying Tuesday was Adan Munoz Jr., executive director of the Texas Commission on Jail Standards. He said the nudity and most other restrictions weren’t violations of jail standards, however, he said he was concerned about Arender’s inability to access his legal papers.

Griffith asked what danger the papers pose, and Holloway pointed to the metal closure brads on envelopes.

The brads could be removed, Griffith suggested. “What’s he going to do, paper cut himself to death?” Griffith demanded.

“I don’t know what he’d do with it,” Holloway answered.

Under questioning by District Attorney Lowell Thompson, Holloway said Arender has at various times stuffed papers in the toilet, tried to swallow a pencil, and resisted jailers over some incident and, after being pepper-sprayed, he tore out a metal partition that was bolted to the concrete.

One of his attorneys, Monica P. Bishop, testified that the multi-purpose room wasn’t sufficiently private for conferences, and asked that Arender be unshackled during meetings with his lawyers.

Jackson asked if Bishop and Griffith would waive liability to the county if their client hurt them while unshackled. They said they would. He also asked if Arender’s family would waive liability if he hurt himself with clothing, and Griffith said they couldn’t speak for the family.

Jackson said he would decide later on the clothing issue and the unshackling.

—————

Janet Jacobs may be reached via e-mail at jacobs@corsicanadailysun.com