Drug War News
Here is a good summary of the latest in embarassing law enforcement foul ups in pursuit of America's War on Drugs.
Friday, May 05, 2006
Monday, May 01, 2006
Collin County Justice
Questionable Collin County Indictments Get New Life
Collin County prosecutor Chris Milner has had some mixed results. However, the Texas Court of Criminal Appeals recently breathed new life into Mr. Milner's case against Dallas Attorney Jim Vasilas.
As far as the Court of Criminal Appeals is concerned, a lawyer that makes a mistake in a civil Petition he filed can be charged with Felony Tampering With a Governmental Record. After both a Collin County District Judge and the Dallas Court of Appeals logically reasoned that a Petition generated by and filed by a lawyer could not be a "governmental record", the high court somehow found that it could be part of the definition set by the legislature. Unless the Dallas Court of Appeals rules that the Rule 11 provisions of the Texas Rules of Civil Procedure is in pari materia to this type of obtuse allegation, the Court of Crimial Appeals cleared the way to prosecuting all civil and criminal lawyers for making mistakes in their Petitions or other records typically filed by lawyers in Texas.
Collin County prosecutor Chris Milner has had some mixed results. However, the Texas Court of Criminal Appeals recently breathed new life into Mr. Milner's case against Dallas Attorney Jim Vasilas.
As far as the Court of Criminal Appeals is concerned, a lawyer that makes a mistake in a civil Petition he filed can be charged with Felony Tampering With a Governmental Record. After both a Collin County District Judge and the Dallas Court of Appeals logically reasoned that a Petition generated by and filed by a lawyer could not be a "governmental record", the high court somehow found that it could be part of the definition set by the legislature. Unless the Dallas Court of Appeals rules that the Rule 11 provisions of the Texas Rules of Civil Procedure is in pari materia to this type of obtuse allegation, the Court of Crimial Appeals cleared the way to prosecuting all civil and criminal lawyers for making mistakes in their Petitions or other records typically filed by lawyers in Texas.
Tuesday, April 25, 2006
Dallas County Justice
This article originally published by the Dallas Morning News doesn't illustrate the difference between black and white in the criminal justice system. Rather, this article clearly illustrates the difference between court appointed representation versus retained representation.
This article originally published by the Dallas Morning News doesn't illustrate the difference between black and white in the criminal justice system. Rather, this article clearly illustrates the difference between court appointed representation versus retained representation.
Monday, April 10, 2006
PROSECUTOR COMMENTS ON DEFENDANT'S RIGHT TO REMAIN SILENT, RECKLESS OR INTENTIONAL??
In a captial murder trial the State prosecutor commented on the Defendant 5th Amendment rights. The Judge declared a mistrial. Federal Double Jeopardy law says no new trial for the State if it can be shown that the prosecutor's conduct was reckless or intentional. Tim Cole, the district attorney for Montague, Clay and Archer counties argued that the prosecutor's comments were due to inexperience and were not intentional or reckless. The Fort Worth Court of Appeals went with that explanation.
Does it make sense that a prosecutor trying a multiple count captial murder case isn't experienced enough to understand how the 5th Amendment works?
In a captial murder trial the State prosecutor commented on the Defendant 5th Amendment rights. The Judge declared a mistrial. Federal Double Jeopardy law says no new trial for the State if it can be shown that the prosecutor's conduct was reckless or intentional. Tim Cole, the district attorney for Montague, Clay and Archer counties argued that the prosecutor's comments were due to inexperience and were not intentional or reckless. The Fort Worth Court of Appeals went with that explanation.
Does it make sense that a prosecutor trying a multiple count captial murder case isn't experienced enough to understand how the 5th Amendment works?
Harris County District Attorney sees no pattern of prosecutor misconduct. What do you think?
Dallas Morning News News for Dallas, Texas Texas/Southwest
Dallas Morning News News for Dallas, Texas Texas/Southwest
Sunday, April 09, 2006
Did a public intoxication raid go too far?
10:34 PM CDT on Wednesday, April 5, 2006
By BYRON HARRIS / WFAA-TV
Also Online
Byron Harris reports
More stories on this subject
The Texas Alcoholic Beverage Commission was accused of being heavy handed during Dallas raids last month, but charges of over-reaching don't begin there.
An operation at Cedar Creek Lake last summer still has some people fuming. They said TABC officers threw people in jail based simply on their opinion. Some also said the TABC broke its own rules in the process.
The incident occurred on a Friday night last July in the small town of Seven Points when TABC agents, fire marshals and local police cracked a mellow mood with a public intoxication raid at Rita's Club, Walker's Landing, the First and Last and Cedar Isle.
Over several hours, in a sweep of nearly every bar and private club in Gun Barrel City and Seven Points, TABC officers and local police arrested 25 people.
"It was something like you would see on 'Cops,'" said club owner Nita Walker. "It was like they had committed several murders in the bar. It was like a TAC force busting through."
The sting had two parts. The TABC often sends an undercover officer into a bar 15 minutes to an hour before enforcement officers arrive. The undercover officer observes the patrons for signs of intoxication like red eyes, slurred speech and declining motor skills. Whether a person is or is not intoxicated is based on the officer's judgment.
Although TABC officers receive some classroom training on how to recognize public intoxication at headquarters in Austin, the agency has no training film on the subject.
"In the 20 years that I've been in law enforcement, public intoxication has been subjective," said Sonja Pendergast. "It has been up to the officer."
Many felt the July raid was too aggressive and unjust.
"To come in and take somebody outright because they had two beers [or] three beers, I feel like that's an injustice," Eldon Campbell said.
But precisely what happened at Cedar Creek is in dispute.
Some of those charged said the TABC officer who arrested them had no visible badge and did not identify himself, but he said he did.
Some of those arrested said they were not given a field sobriety test of motor skills, while officers said tests were administered.
Those arrested also said they were not given a breathalyzer exam; Officers said a breathalyzer was offered, but was refused.
But it turns out, blood alcohol level is irrelevant in public intoxication cases, because public intoxication is based solely on the judgment of the officer.
While motor vehicle officers routinely videotape DWI arrests, TABC officers do not, and many don't even have cameras.
Public intoxication is a Class C misdemeanor, which is a crime too small for most district attorneys to prosecute.
In 2004, TABC made 2,055 public intoxication arrests and charged 113 bartenders for overserving patrons.
The agency does not have complete statistics for 2005 because it said it lost the numbers.
Last year, the TABC received a budget increase. It hired 60 new officers and increased its enforcement of public intoxication.
TABC officers said most of the people they arrest are so intoxicated there is little doubt they're endangering themselves. The officers said they are saving lives.
Cedar Creek bar owners said business is down 25 percent since last year because customers are afraid to come in.
10:34 PM CDT on Wednesday, April 5, 2006
By BYRON HARRIS / WFAA-TV
Also Online
Byron Harris reports
More stories on this subject
The Texas Alcoholic Beverage Commission was accused of being heavy handed during Dallas raids last month, but charges of over-reaching don't begin there.
An operation at Cedar Creek Lake last summer still has some people fuming. They said TABC officers threw people in jail based simply on their opinion. Some also said the TABC broke its own rules in the process.
The incident occurred on a Friday night last July in the small town of Seven Points when TABC agents, fire marshals and local police cracked a mellow mood with a public intoxication raid at Rita's Club, Walker's Landing, the First and Last and Cedar Isle.
Over several hours, in a sweep of nearly every bar and private club in Gun Barrel City and Seven Points, TABC officers and local police arrested 25 people.
"It was something like you would see on 'Cops,'" said club owner Nita Walker. "It was like they had committed several murders in the bar. It was like a TAC force busting through."
The sting had two parts. The TABC often sends an undercover officer into a bar 15 minutes to an hour before enforcement officers arrive. The undercover officer observes the patrons for signs of intoxication like red eyes, slurred speech and declining motor skills. Whether a person is or is not intoxicated is based on the officer's judgment.
Although TABC officers receive some classroom training on how to recognize public intoxication at headquarters in Austin, the agency has no training film on the subject.
"In the 20 years that I've been in law enforcement, public intoxication has been subjective," said Sonja Pendergast. "It has been up to the officer."
Many felt the July raid was too aggressive and unjust.
"To come in and take somebody outright because they had two beers [or] three beers, I feel like that's an injustice," Eldon Campbell said.
But precisely what happened at Cedar Creek is in dispute.
Some of those charged said the TABC officer who arrested them had no visible badge and did not identify himself, but he said he did.
Some of those arrested said they were not given a field sobriety test of motor skills, while officers said tests were administered.
Those arrested also said they were not given a breathalyzer exam; Officers said a breathalyzer was offered, but was refused.
But it turns out, blood alcohol level is irrelevant in public intoxication cases, because public intoxication is based solely on the judgment of the officer.
While motor vehicle officers routinely videotape DWI arrests, TABC officers do not, and many don't even have cameras.
Public intoxication is a Class C misdemeanor, which is a crime too small for most district attorneys to prosecute.
In 2004, TABC made 2,055 public intoxication arrests and charged 113 bartenders for overserving patrons.
The agency does not have complete statistics for 2005 because it said it lost the numbers.
Last year, the TABC received a budget increase. It hired 60 new officers and increased its enforcement of public intoxication.
TABC officers said most of the people they arrest are so intoxicated there is little doubt they're endangering themselves. The officers said they are saving lives.
Cedar Creek bar owners said business is down 25 percent since last year because customers are afraid to come in.
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