Dallas Criminal Lawyer Blog

Texas Juries Issue Warnings to District Attorney, County Jail Officials But Don't Hold Anyone Criminally Liable.

2012-02-01T12:30:00.007-06:00

Juries usually have a single, solid voice that answers "guilty" or "innocent," simple as that -- but that's not what is happening in the State of Texas today when it's public officials like the Harris County District Attorney's Office or those responsible for running the Travis County Jail that have been called on the carpet.

Austin Jury

This week, a federal jury down in Austin spent lots of time hearing testimony and reviewing evidence about the case of Rachel Jackson, a 21 year old woman who died while she was being held in the Del Valle Jail (part of Travis County) under a “psych lockdown.”

The Jackson family argued that Travis County and its jail psychiatrist, Dr. John S. Ford, were responsible for the young woman's tragic death in a jail cell because Dr. Ford prescribed thioridazine to inmate Jackson but he failed (among other things) to follow the warnings on the drug packaging to check her potassium levels as well as her heart's electrical activity before giving her the antipsychotic drug. If he had bothered to do so, the family argued, then he would have known that thioridazine can cause sudden death by causing the heart to beat out of its normal rhythm.

You can read the warning for yourself online: seems pretty serious and pretty long for someone - especially a doctor - to just disregard.

There was also evidence presented at trial that the inmate told her Travis County jailers that her heart was racing, to which the jailer did not get her medically checked out; and that days later, she told a Travis County jail nurse that she was having chest pains, and that the jail nurse did not record in her file any of her vital signs at the time.

The family of Rachel Jackson sued Travis County for her wrongful death, but the jury did not find that the county was responsible for the woman's death. So the family loses its lawsuit.

Here's the thing: most always, all we would know from the jury was their verdict. Period. However, in this case the federal trial judge, the Honorable Sam Sparks, approved the jury's request that a written statement they had compiled there in the jury room be read into the record.

So, the jury foreman stood up there in the courtroom, just as forepersons do whenever they announced they have reached a decision, and read a statement that the jury couldn't find that Travis County was the proximate cause of Rachel Jackson's death, they "...do see significant opportunity for improvement in the processes, documentation and communication within the Travis County Correctional Center."

Houston Jury

We've been monitoring the Grand Jury investigation of the Houston BAT Van Controversy (read all the details here) and now, the Grand Jury has spoken: the Harris County District Attorney's Office will not face any indictments for criminal wrongdoing.

Once again, however, there's the unusual twist to the story: the jury isn't speaking in the usual way, in the decision it has handed down. No. This jury has also sat together and drafted a joint statement, which has been released to the public.

A one-page statement from the jury was read by Grand Jury foreman Trisha Pollard, which criticized the Harris County District Attorney's Office for its "unexpected resistance" to the investigatory process and singled out Harris County prosecutor Rachel Palmer for invoking her Fifth Amendment right not to testify in order to avoid self-incrimination. The grand jury's statement also accused the District Attorney's office of investigating the grand jurors themselves as well as the special prosecutors assigned to oversee the case.

All that being revealed, the Grand Jury still found that "there was no evidence of a crime" on the part of the Harris County District Attorney's Office and so no indictments would be issued.

Jury Statements Are Worth What, Exactly?

These jury statements may make the jurors feel better, but legally they do squat. Verdicts are what count with juries. And in both of these instances, the public officials have been found innocent of a death and of tampering with the judicial process of fair trials, etc.

When juries have this much doubt and concern, one has to remember that where there is smoke there is fire and that something smells bad in Texas today.

Texas Police Shoot Down 15 Year Old With BB Gun in Middle School Hallway: Excessive Force?

2012-01-04T19:46:00.007-06:00

It's a big national news story today: a fifteen year old boy with a pellet gun was shot down in his Middle School hallway by Texas police this morning.

Jaime Gonzales is Dead Tonight and Lots of People Are Asking Why

Just last week we were pondering how out of control Texas law enforcement officers are getting to be in a post entitled, "Texas Cops Shooting Citizens All Over the State This Month: Excessive Force? Overstressed Officers? Three Dead From Police-Issued Bullets." Now, we're wondering how truly serious this situation may be.

Cops Shoot 15 Year Old to Death Down in Brownsville: Excessive Force?

Down in Brownsville, it seems that the police were called to Cummings Middle School shortly after classes started. It's not clear how many officers arrived on the scene, but students are reporting that Jaime had entered a classroom and punched another student in the nose. Why this causes a bunch of police to appear isn't clear.

What is known right now is that Jaime took a pellet gun to school this morning. Which was not the smartest thing to do, that's a given.

However, for the Interim Police Chief to tell the media that a boy waving around a pellet gun was sufficient justification to shoot the child to death - well, you gotta wonder. There a big question right now about whether or not the force used here was excessive.

Middle Schoolers Are Known to Bring BB Guns to School - Jaime's Not the First

This isn't the first time a Middle Schooler got the bright idea of bringing a BB gun to school (a pellet gun is more commonly known as a BB gun), check out this school administration web site discussing a previous, similar event up in Ohio.

This is a real tragedy and condolences go out to the family and friends of this young life cut short. Let us hope that one result of this death is increased scrutiny on Texas law enforcement and whether or not Texas cops are getting a bit gun-happy these days.

For more on excessive force/police brutality, check out our resources page where Texas law on this issue is discussed.

Mistrial Declared in Criminal Trial of Dallas County Constable Derick Evans

2011-12-07T11:41:00.001-06:00

A jury had been chosen and opening statements had been given by Marquette Wolf as Special Prosecutor and the defense for Dallas County Constable Derick Evans and on Tuesday, the trial had witnesses on the stand in the criminal trial where Constable Evans faced charges of engaging in organized crime.

There were some problems: one juror was late, another called in with an emergency and had to be replaced with an alternate, and witness Jim Foster, former Dallas County Judge, couldn't respond to his subpoena to appear and testify because he's in the hospital having just had serious lung surgery.

But nothing was as big a problem as what happened to cause the trial court to declare a mistrial in the case. Seems that after the prosecution put on its case and Evans presented his defense, the jury was sent back to deliberate and got stuck.

Judge Tracy Holmes got a note from the jury room that the twelve jurors were "hopelessly deadlocked," and then another one, and then a third. Deadlocked, Deadlocked, Deadlocked. Stubborn folk on both sides of guilty versus innocent. (The Dallas Morning News reports they were 7 to 5, guilty vs. innocent.)

So Judge Holmes declared a mistrial and Constable Evans went back to work and the prosecution told the media that they're not giving up. Another trial is being scheduled for April 2012.

What Did Dallas County Constable Derick Evans Allegedly Do?

Formally, Constable Evans has been accused of participating in organized crime. Sounds very TV Law and Order, doesn't it, until you learn that he's purportedly run a raffle to get funds to run his election campaign and allegedly pressured his deputies and staff to buy and promote the $50 raffle tickets. Under Texas law, only certain groups (like churches) are legally allowed to run raffles to raise money. Now, it's sounding less like TV's Law and Order isn't it?

And, here's a big question -- what about the media reports about other local campaign raffles, are they going to get prosecuted as well?

Texas Judge William Adams Investigated as YouTube Video Showing Man Beating Teen Girl With Belt Goes Viral

2011-11-02T11:57:00.004-05:00

Aransas County Judge at Law William Adams is getting an international publicity boost today, but not in a good way, as a YouTube of a man beating a teenaged girl with a belt has gone viral - and media reports are that he's the man in the video.

Watch the video on YouTube here, but be prepared - this may be disturbing so think about it before you click the link:

YouTube Video Purported of Judge William Adams "Go get my belt...."

If you check the video out as it has been placed upon YouTube (downloaded on 10/27/2011), there is a description that relates the teenaged girl to be the judge's daughter, Hillary Adams.

Death Threats and a Criminal Investigation

KRIS-TV out of Corpus Christi is reporting that they contacted Miss Adams, and she confirmed the YouTube video as being something that she herself placed on the web, to spotlight what had happened to her.

KRIS-TV is also reporting that the Aransas County Courthouse is being swamped with folk calling to complain about the YouTube video and what they perceive to be the actions of a sitting Texas judge. Officials are reporting that there have been death threats against the Texas judge, and a criminal investigation has been opened.

Teenager Depicted in Video Has Been Disabled Since Birth

The YouTube video was accompanied by text (read it all at Above the Law) that states the teenager shown in the video suffers from a disability, having been born with ataxic cerebral palsy.

Ataxic cerebral palsy is a rare form of cerebral palsy that results in poor physical coordination, with victims suffering from shaky movement and problems doing things like walking or writing with a pen or pencil.

Growing Media Frenzy Over YouTube Video and Judge William Adams

The disturbing video is getting not only national media attention by also the international spotlight. This morning, the International Business Times reported that Judge Adams' phone had been disconnected (discovered, apparently, when they were trying to contact him).

Local media are hot on the story, as it breaks: KZTV has online updates, which includes a recent update where Judge William Adams speaks to their reporter about the YouTube video, confirming that he is the man that is shown in it.

Also in that story, Judge Adams relates that he's in touch with the Austin Judicial Review Board. Odds are high that he's gonna be in touch with a criminal defense attorney real soon, too.

Texas DPS Officers Indicted for Manhandling Hays County Jail Inmates

2011-10-05T10:41:00.005-05:00

Texans, for the most part, know the Texas Department of Public Safety as the state agency that handles Amber Alerts, and as the agency that oversees drivers' licenses applications and renewals. DPS offices are all over the state, most folk have visited them at one time or another.

DPS is also known for its own branch of law enforcement, the DPS Troopers (the Texas Highway Patrol), and for being the state agency that hosts the famous Texas Rangers. Drive any Texas highway or farm to market road, and sooner or later you will pass a DPS Trooper sitting on the roadside with his radar checking for speeders.

Two DPS Troopers Indicted in San Marcos

It's rare to see DPS Troopers personally make the news, and it's interesting to see the media coverage this month down in San Marcos, Texas (midway between the capital city of Austin and San Antonio, on Interstate 35). Seems that two Department of Public Safety troopers, Charlie Potter and Santiago Montez, have been indicted there.

Potter and Montez were arrested on September 22, 2011, and are facing charges of "official oppression" for events surrounding their dealings with two inmates in the Hays County jail back in March 2011.

According to media reports, the indictments describe the incidents as the two DPS Troopers "intentionally mistreated or detained a man by pulling or grabbing him" back on March 11th. Little more is known right now on exactly what happened here.

What is official oppression?

Under the Texas Penal Code (see details below), official oppression is a Class A misdemeanor that each carry a fine of up to $4,000, a sentence of up to a year in jail, or both. It is a bad act by a law enforcement official in the State of Texas that is harmful but not as serious as felony acts that include excessive force, something that we blog about quite regularly, since it is unfortunately something that happens all too often in our state.

What happens next to the Texas DPS Troopers?

Right now, Potter and Montez remain on the Texas DPS payroll although they have been suspended from work and they are free, having made bond ($10,000 for each Trooper). They are scheduled to be arraigned on October 27, 2011. Will they serve time in jail? Let's watch and see what happens.

Texas Penal Code Section 39.03

Here is the language of the Texas law on which the two DPS Troopers have been indicted:

Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:

(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;

(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or

(3) intentionally subjects another to sexual harassment.

(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.

(c) In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.

(d) An offense under this section is a Class A misdemeanor.

Texas Rangers Investigating Another Case of Police Brutality and Excessive Force

2011-09-07T11:15:00.000-05:00

The news started trickling out over the Labor Day Weekend that the Texas Rangers had been contacted by the family of a South Texas man who was comatose in a Corpus Christi hospital, another victim of excessive force by law enforcement. Sure enough, the Rangers are on the job, investigating the family's belief that their loved one, Martin Garcia Ortiz, had sustained his injuries in a vicious beating by a Texas law enforcement officer.

That's right: another case of police brutality in Texas. And another instance where either the FBI or the Texas Rangers has had to come into the area to find out the truth of things. It's something that happens far too often here in Texas: law enforcement using excessive force against people - something that we report about regularly.

What happened in this case of alleged police brutality?

According to news reports, 48 year old Martin Ortiz had been at a local bar in Aransas Pass. No worries about a DWI arrest here: Mr. Ortiz left the bar on his bicycle, to ride his way home. It wasn't far. He had no weapon, unless you are afraid of bicycles.

Things took a bad turn around midnight on August 10th. Seems Mr. Ortiz, there on the roadside on his bicycle, was stopped by an Aransas Pass police officer -- and according to family members, the cop pushed Ortiz off the bike only to then beat Ortiz after the man was laying on the ground beside (some reports say underneath) the bicycle.

The Texas Rangers have reported that their investigation reveals three police cars zipped to the scene (that must have been a very scary bicycle) and that some of these officers are now witnesses to the incident. They also report that Ortiz was purportedly stopped because he was weaving as he rode the bike, and his bike didn't have a headlight.

Guess what? All this may be on video. Seems that Aransas Pass police cars are equipped with dash cams, so sooner or later, some member of the press is going to get ahold of those videos and we'll all see what happened.

Right now, we know that Martin Ortiz lies, seriously injured, in Corpus Christi's Christus Spohn Hospital where he spent ten days on life support in a coma before starting to come out of it. It's not known at this time whether or not he will suffer permanent harm from this attack -- like traumatic brain injuries or spinal injuries.

The Texas Rangers are asking anyone who may have information about what happened to Martin Ortiz to come forward, and if you have any information about the Martin Ortiz case, you can call the Texas Rangers directly at 361-364-6239 or 512- 424-2160.

Dallas Cop Busted on Domestic Violence Charges, "Not Sober" When Arrested

2011-08-03T11:06:00.000-05:00

Here in Dallas, it's very hot and staying that way as we endure a record-breaking heat wave. Day after day of 100+ degree weather. So, it's understandable that tempers are rising and that domestic violence calls are high. It's not as easy to understand when one of those domestic violence events involves the cops: not the cops coming to the scene, but a cop smack dab in the middle of it.

Seems that this weekend Dallas police officer Rafael Mendoza, on the force to protect and serve since December 2008, was arrested by his fellow law enforcement officers on charges of domestic violence. Specifically, Mendoza has been charged with (1) domestic assault and (2) unlawful restraint, two Class A misdemeanors under the Texas Penal Code.

Mendoza's also on administrative leave pending an Internal Affairs investigation (as well as the criminal investigation). He won't face jail time, maybe he will be looking for another type of employment. Have to wait and see on that one.

What happened for a Dallas Cop to get busted for Domestic Assault and Unlawful Restraint?

This past Sunday, according to media and police reports, Officer Mendoza was setting in a car parked near an apartment complex on San Jacinto. It was a hot day, and apparently Mendoza was getting hot under the collar, arguing with a woman about an ex-girlfriend as they sat in the car.

It's reported that Mendoza and the woman stepped out of the vehicle - and that Mendoza then shoved the woman onto the ground, slammed plastic handcuffs on her, and telling her she was about to go to prison for 10 or 15 years.

Scary stuff, right?

After about an hour setting there in the parking lot, in the heat of that Dallas Sunday afternoon, Mendoza escorted the woman up to her apartment. He un-cuffed her.

Around 2 hours later, Officer Mendoza was busted by his colleagues. It's reported that he was "not sober" at the time.

Liberty County Prosecutor Arrested This Week But Kept On the Job as DA in Cleveland Gang Rape Case of 11 Year Old Girl by 19 Defendants

2011-07-06T11:13:00.006-05:00

Liberty County is in the national spotlight this summer as the place where 19 defendants (ranging in age from midteens to almost 30 years) have been charged with the gang rape of an 11 year old girl in Cleveland, Texas, mobile home - some of which was caught on video.

It's a case that is dividing the Cleveland community as well as the child's family, as the girl has been removed from her parents' care and placed in Texas foster care for the time being.

Prosecutor in Cleveland Gang Rape Case Is Arrested

Needless to say, this Cleveland Gang Rape case is important from many different perspectives and its prosecution - you would think - would be the cream of the crop putting on the best case that the State of Texas can assert. Right?

Think again. This week, one of the prosecutors on that Cleveland Gang Rape case was arrested and is facing charges as a defendant of (1) Tampering With a Witness, (2) Terroristic Threats and (3) Deadly Conduct.

That's right: the state's attorney has been accused of three pretty serious crimes while he's assigned to the big Gang Rape case. (That's his mugshot at the top.)

Liberty County Assistant District Attorney Joe Warren surrendered to the Liberty County Sheriff's Office last week, and was quickly released on a personal recognizance bond by the local judge. The Sheriff's Office is refusing to comment on the case so far, and little is known for sure about the events that led to the ADA's arrest.

It is known that the Sheriff's Office is the authority handling the investigation -- not a grand jury, not the Texas Rangers or the FBI -- and that Liberty County District Attorney Mike Little has told the media this is strange -- the ADA's case is getting special treatment (it's legal for the Sheriff's Office to run the ball in the investigation, this usually doesn't happen, though).

Joe Warren is still on the job, too: despite being a state district attorney who has been arrested on allegations of committing these crimes he has not been removed from his position and presumably is at work today (as this post is being typed), working on the Cleveland Gang Rape case.

Reports are ADA Threatened to Shoot Pit Bulls that Entered His Backyard and Killed His Pet

So what happened? There are some media reports out there and they are reporting that ADA Warren had a pet dog (a boxer-mix) who were killed by his neighbor's pit bulls after the pit bulls dug a hole under the fence to gain access into Warren's back yard so they could attack his pets.

Warren responded, according to these reports, by threatening his neighbor that he would shoot the pit bulls in order to protect his pets. Apparently, the neighbor called the cops and filed a complaint.

Texas Cops Shoot to Kill - Two Young Men in Beeville, Austin Die From Cop's Guns This Week

2011-06-01T10:12:00.007-05:00

If you are pondering stealing something in Texas - and in this bad economy, crime is on the rise - you may be risking more than getting busted and serving some time.

You may be risking your life. (Heck, you may be doing that if you are just roaming along a city street anywhere in Texas.)

Deadly force (also known as excessive force) may be a viable legal claim -- but it's better to be alive than to have your grieving loved ones pursuing a lawsuit based on excessive force by a cop with a gun.

Beeville Shooting of Albert Ponce, 29, Yesterday

Yesterday morning, before sunrise, Anthony Albert Ponce of Three Rivers, was pulled over by Beeville police officers after they decided Ponce matched the description of a man who had ripped off a convenience store.

The Beeville cops say that Ponce got out of his car holding a pistol and waving his hands around in a threatening way. When Ponce refused to drop his gun, one of the cops shot him. That officer is on paid leave while his actions are being investigated.

Meanwhile, Ponce died at Spohn Hospital in Beeville later that day: Ponce was only 29 years old.

Austin Shooting of Byron Carter, 20, on Monday

On Monday, two bicycle cops were wheeling around downtown Austin when they spotted a car that they suspected held two car thieves - so they rode over to check things out, according to the Austin Police Chief in his statement to the press.

Apparently, the car started moving toward one of the bikes, hitting one of the cops, and the other officer fired on the occupants. The car drove off only to be found nearby with the passenger dead in the front seat. The driver was tracked down, he had a gunshot wound to his arm and was taken to Austin's Brackenridge Hospital.

Byron Carter, 20, was the passenger that died in that gunplay and a minor (16 yrs; name not released) is the wounded driver.

As for the cop that got hit by the car, he was treated and released by Brackenridge doctors for a ruptured Achilles' tendon. The cop who used his pistol to take those shots is also on a paid leave while things are investigated.

Shoot Now, Check for Guilt Later

Notice that in both events, neither decedent was proven to be a criminal - neither cop knew at the time if this target was guilty of stealing anything.

Get Ready for Statewide Click It or Ticket Campaign: May 23 - June 5, 2011

2011-05-05T14:58:00.000-05:00

The State of Texas versus your individual right to choose how you live. It's an ongoing fight. There's the No Refusal Campaign, where you're forced to give your blood in a blood test or your breath at the scene anytime a cop pulls you over for suspicion of drunk driving.

There's also the Click It or Ticket campaign, where your choice on whether or not to wear that seat belt is taken away. Well, not taken: you're just gonna get a ticket whenever you get caught.

Civil Liberties Versus Police Power

Lots of folk believe that it is unduly intrusive for the state government to force individuals to wear seat belts. And these aren't just zanies -- they include respected safety professionals like Peter Thompson, who served as the State of New Hampshire Safety Chief, and in that official capacity was against New Hampshire's implementing forced seat belt laws back in 2005.

The argument against these types of law is simple: seat belt laws invade your freedom unnecessarily. These laws are not protecting the public at large - if you fail to wear one, the risk of harm is borne by you. Therefore, forcing citizens under the police power to wear their seat belt crosses over the line of legitimate police power. Not that this argument has stopped these laws from being passed in Texas and other states.

May 23 - June 5, 2011: Texas Click It or Ticket Campaign Covers the Memorial Day Holiday

Here in Texas, it has been announced that Texas law enforcement are going to be on the lookout for drivers that are operating a motor vehicle without a seat belt over the Memorial Day Weekend in the latest Click It or Ticket Campaign.

But be careful out there -- because Click It or Ticket goes to more than just a driver not wearing a safety belt: even those folk setting in the BACK SEAT can be ticketed because they aren't buckled up.

Other ways to get a ticket during the Click It or Ticket campaign?

Not having kids younger than 8 years old buckled into either a child safety seat or booster seat unless they've grown past the legal limit of 4 feet 9 inches in height.

What's the cost of not obeying the law? A ticket totaling $250 plus court costs.

Texas Judge Arrested and Immediately Pleads Guilty to $250,000+ in Bribes, More Arrests Coming

2011-04-06T10:56:00.000-05:00

For seven years, Abel C. Limas presided over the 404th Judicial District Court down in Brownsville, a court where lives were often at stake in criminal matters and which also heard a variety of civil cases, including divorce proceedings. Now, former Judge Limas has pled guilty to charges that he took over $250,000 in bribes from attorneys in payment for favorable treatment ... doing things like issuing very nice probation orders and even outright dismissal of charges in criminal matters as well as playing favorites in civil controversies.

Lima's Career Path: Cop to Judge to Private Practice to Inmate

You'd think Abel C. Limas would know better. Not only because he was given the honor and privilege of sitting on a judicial bench, wearing those robes and walking into a courtroom where bailiffs had everyone rising upon his entrance. Nope. Limas was also a cop in days gone by. A Brownsville policeman who rose to become a Texas Judge, presiding over that court for seven years (2001-2008), and who will now be a federal inmate.

Everything Happening Quickly Down in Brownsville: Arrest, Guilty Plea Within a Week's Time

Limas was arrested just last Thursday. He's been charged with racketeering by soliciting, extorting and accepting bribes totalling $257,300 for favorable rulings in various matters. No long, protracted defense here: within hours, he was entering a guilty plea before the U.S. District Court for the Southern District of Texas. That means no trial. Sentencing is set for July 2011.

The indictment backing up his arrest included allegations that while Limas worked as criminal district court judge, he took money from a minimum of four lawyers (their names are not released), and two of these lawyers alone forked over $235,000 for favorable treatment in some civil matters. (Limas' defense counsel's request to keep the indictment under seal for 14 days after Limas' arrest was granted by the federal judge.)

Investigation Results: Limas Isn't The Only Bad Apple

For over two years now, the Federal Bureau of Investigation (FBI) along with the U. S. Drug Enforcement Administration (DEA) and the Brownsville Police Department had joined forces to investigate what Judge Limas had been up to ... and his indictment isn't going to be the only result of all that footwork.

The indictment of Abel Limas identifies five (5) other evildoers - but does not name them. Their activities, while detailed in the Limas indictment, are described as being done by "A," "B," "C," "D," and "E." No names, just letters.

Other Arrests Being Made - Longoria Charged Thursday, 3+ Lawyers Still to Be Arrested

Yesterday, Jose Manuel Longoria attended his bond hearing before U.S. Magistrate Felix Recio and was placed under a $100,000 bond after being arrested last Thursday and charged with wire fraud arising from a scheme to defraud and deprive the State of Texas of the right to the honest services of a state district judge.

As part of Longoria being charged and being allowed bond (challenged by the prosecution as Longoria is considered a flight risk to Mexico), he was instructed not to have any communications with three lawyers (identities not made public) and if he were to receive communication from them, he was ordered to notify authorities immediately.

Which means, the FBI is gonna be arresting some lawyers down in South Texas very soon....

Fort Worth Cop Shoots, Kills Local Man In Front of His Three Kids

2011-03-02T11:53:00.000-06:00

This past Monday night, a Fort Worth police officer pulled over a SUV driven by Charal Thomas, 32.
Thomas' three kids, ranging in age from 7 to 11, were all riding in the back seat. There was another adult in the vehicle, but reports aren't clear on who that was.

It started out as a routine traffic stop. It was around seven o'clock on Monday evening, a little after dusk, on Lucas Drive in Fort Worth, Texas.

We don't have the details on what was said, but we know that routine traffic stop didn't stay that way. Things went awry -- and for some reason Charal Thomas pulled away, dragging the cop along for a number of blocks, as the police officer held onto the SUV.

Perhaps the cop held onto the door handle, his feet on the SUV's foot ramps. Maybe he grabbed onto an overhead rack. The details still aren't clear.

What we do know is that Mr. Thomas had several outstanding warrants -- and that the Fort Worth cop chose not to let go of the vehicle. Instead of letting go of the car, the Fort Worth officer chose to pull his gun and shoot Mr. Thomas in the head. Killing Charal Thomas, 32, in front of his kids -- and as he was driving the vehicle that they were in.

Needless to say, the Fort Worth community is shocked by this incident.

There was a vigil last night on East Rosedale in Fort Worth. Candles were lit, people spoke. People are angry.

And it's not over. The identity of the Fort Worth officer hasn't been revealed because of a concern over his safety, and he already has a lawyer to speak on his behalf. According to the lawyer, the cop felt he had to shoot because his own life was in danger. No explanation yet on why he grabbed onto that SUV, filled with kids, in the first place.

This is going to be a big lawsuit. Another lawsuit against the Fort Worth Police Department for overzealous police behavior...(remember the Tazer lawsuits from last year) ....

Texas Judge Busted By Feds for Taking KickBacks During Hurricane Ike CleanUp

2011-02-02T13:00:00.000-06:00

Phil Fitzgerald used to be a Texas district court judge, and he used to be a free man. Things change.

The Beaumont Grand Jury issued its 25-count indictment last week of former Judge Fitzgerald along with a contractor (Fitzgerald's brother-in-law, Mark Miksch, 52, of La Vernia) and another Liberty County official (former Liberty County Commissioner Lee Groce, 62) charging the Judge with taking over $600,000 in kickbacks for awarding government clean-up contracts that dispensed federal funds to help with the aftermath of Hurricane Ike.

According to the federal indictment, Judge Fitzgerald allegedly conspired with Commissioner Groce to award $3,200,000 million in debris removal contracts over to contractor Miksch. He also allegedly scarfed up a generator for his personal use that had been paid for by federal monies (allegedly, he kept the power up at his convenience store with the generator during power outages).

Judge Fitzgerald isn't going down without a fight, however.

Fitzgerald has made his position clear by a letter published in the local press, and now routed through the national media, which states in part:

"Had the government allowed us the opportunity to present our side of the story before seeking an indictment, we are confident there would be no indictment. However, because of their refusal, we will now have to have a trial in this case, at considerable expense to Judge Fitzgerald and the taxpayers, in order for us to tell our side of the story."

Fitzgerald and Groce both lost their reelection bids last Fall, two more Democrats falling to Republican replacements. Groce had served as Liberty County Commissioner for almost 25 years; Fitzgerald had presided over his district court bench for four years.

This should be an interesting trial, folks.

Cornelius Dupree Freed as Innocent Man after 30 Years in Texas Jail: The Unreliability of Eyewitness Testimony

2011-01-05T11:39:00.001-06:00

This week, a fifty-one (51) year old man walked out of a Texas courtroom a free man, after serving over 30 years behind bars for a crime he did not commit. Cornelius Dupree was officially exonerated on Tuesday by Dallas County Judge Don Adams with the simple sentence from the bench, "you're free to go."

What Got Dupree Behind Bars

Mr. Dupree was arrested in 1979 on rape and abduction charges for a sexual assault involving two men that happened on IH30 near Dolphin Road, where a man and woman were forcibly taken from a liquor store and the woman later raped. Dupree and his pal, Anthony Massingill, 49, were going to a party when the cops stopped them because the police thought these two guys matched the description given in another rape case.

Both victims would later give eyewitness testimony that Dupree and his friend were the perpetrators of the crime. And yes, Mr. Dupree is African American.

What Got Dupree Released

DNA cleared Mr. Dupree. Through the efforts of the Innocence Project and with the support of local D.A. Craig Watkins, DNA testing was done on old evidence in the case, which resulted in scientific proof that Dupree was not guilty.

According to the Innocence Project, Mr. Dupree is third in line for the dubious record of having spent time behind bars before being exonerated: only 2 men in the United States spent more time in jail than he did before being proven innocent via DNA testing. In Texas, Dupree is the 41st individual to be freed based on DNA evidence since 2001.

Lesson Learned, Again: Eyewitness Testimony Isn't Reliable

Once again, we have another example of how eyewitness testimony should not be considered as quality evidence in any case -- but particular the key evidence used to put an individual behind bars.

Photo lineups and the like are not good tools toward finding the truth, regardless of how they appear on Law And Order (pick your version). People just don't remember things accurately. Emotions get in the way. Victims want to catch the perpetrator and are understandably influenced to a rush to judgment. Police officers, however innocently, can suggest who to pick in a lineup and many victims are scewed to pleasing the police, however unconcious that predisposition may be.

When are we going to learn in this country that eyewitness testimony isn't trustworthy?

One last thing: As for Mr. Dupree's friend that day back in 1979, Mr. Massingill has already been cleared in the present case via DNA testing; however, he is not free today. Massingill is still incarcerated, and serving a life sentence, based on another crime. Let's hope that this conviction was based on more than finger-pointing.

Sheriff Arvin West: the Man Who Busted Willie Nelson for Pot over Thanksgiving Weekend

2010-12-01T11:48:00.000-06:00

Hudspeth County, Texas, is located on the Texas - Mexico border, and for several years now, Arvin West has been the local sheriff there. Lots of folk are getting to know Texas Sheriff West this week - maybe you already recognize his name.

After all, it was Sheriff Arvin West who was responsible for pulling over Willie Nelson's tour bus at a border partrol checkpoint on the day after Thanksgiving. Instead of getting an autograph, though, law enforcement ended up arresting the 77-year-old country singer for possession of six (6) ounces of marijuana.

Nelson was booked - the mugshot is a popular online item this week. Willie was then released on $2500 bond and not long thereafter was back on the road again, going home to Austin. If convicted, Willie Nelson faces a possible two years incarceration in a state facility.

Who is Sheriff West anyway?

Sheriff Arvin West has testified before Congress about the growing problem of drug distribution by drug cartels in his jurisdiction - you can read his testimony online from a February 2006 presentation he gave to the Committee of the House of Representatives. It's got a title: "Armed and Dangerous: Confronting the Problem of Border Incursions."

Sheriff Arvin West also regularly appears on the national news shows. You can read the transcript of his April 2010 interview by Greta Von Susteren at FoxNews telling Greta that the Texas-Mexico border is "wide open" and that he's been telling farmers and ranchers in his jurisdiction to arm themselves against the dangers of drug runners, since his Sheriff's Department only has 17 deputies to cover 5000 miles. Sheriff Arvin West has also appeared on Nightline in July 2010 (click the link to watch the video), calling the area as being under "siege" and that his fight against Mexican drug lords as "war."

Already, the Texas Tribune (among other news sources) are looking into Sheriff West and his own "Texas legend" status (quoting Glenn Beck). According to their investigations, Sheriff West may have his own agenda for busting Willie Nelson -- it brings more media coverage, it boosts what some argue is Sheriff West's goals of maximizing state and federal funding for his department.

So, there is a growing distrust of Sheriff West and his motives for busting Willie Nelson on the day after Thanksgiving.

Willie Nelson Starts the "Teapot Party"

However, Willie Nelson may have an agenda of his own. Shortly after his arrest, he started the "Teapot Party," which favors legalization of marijuana with the arguments that it cuts back on the criminal operations, and gives a new tax base to fund governments in sore need of revenue.

If you didn't know this was a real news story, you might think you were reading an Elmore Leonard novel -- where the Texas Sheriff wearing the big white cowboy hat and the Country Music Legend wearing the bandanna were secretly friends who had cooked up this media plot. But that would just be fiction, right?

Happy Veterans Day 2010

2010-11-11T14:21:00.000-06:00

U.S. Army Vet Driving While Black in East Texas from DallasJustice.com on Vimeo.

Texas Supreme Court and Texas Court of Criminal Appeals: 100% Republican

2010-11-03T11:31:00.004-05:00

Yesterday was Election Day, and while many spotlights were focused upon the Governor's race between Rick Perry and Bill White (and Kathie Glass), some pretty powerful statewide spots were being decided as well. Positions on the two highest state courts - the Texas Supreme Court for civil matters, the Texas Court of Criminal Appeals for criminal matters - were also on the ballot.

And, once again, Republicans won every race. This keeps both high courts completely Republican - no Democrat, no Libertarian, no Independent, no Green Party - and it's been that way since 1994.

Sixteen Years of a Republican Monopoly in the Two Texas High Courts

Of course, there are those that argue this is not that big of a deal. Judges at the appellate level make decisions based upon law, not party affiliation. They aren't stumping for votes like Congressmen and Congresswomen. They aren't giving speeches and taking voters' questions like Mayors, County Commissioners, School Board Members, or even the Governor himself. Judges, it's argued, are above all that: taking on the label of one party or the other is simply a necessary evil given the reality that these are elected positions.

However, the mere fact that judges must run for office means that they must become politicians at some level. They need the campaign support that a party provides (at least most of them do) and they will have their own campaigns to run albeit smaller and more discrete than their legislative and executive contemporaries.

Does it Matter?

Are they swayed by their party affiliations? Some argue yes. These are the folk that push periodically for judges to be appointed, not elected. Look around, that's not been a very successful venture here in Texas. (Federal judges are appointed here in Texas and elsewhere, by comparison.)

As the appointment debate continues, the reality that Texas faces today is this: a uniform Republican presence on the state's highest courts. Are you comfortable with that?

Did Texas Execute an Innocent Man? Court of Inquiry Into Execution of Cameron Todd Willingham Starts Today - Maybe

2010-10-06T11:29:00.000-05:00

A two-day hearing is scheduled to start this afternoon in our state capital - actually in the 299th District Court in Travis County Courthouse down in Austin - and it's not your usual weekday hearing. Today, an official Court of Inquiry is set to begin, brought pursuant to Texas Code of Criminal Procedure Article 52.01(b)(2) and the motion filed by District Attorney R. Lowell Thompson of Corsicana.

The purpose of the action? To review the case of convicted arsonist/murderer Cameron Todd Williams in order to determine whether or not an innocent man was killed by lethal injection by the State of Texas back in 2004.

This is a big deal. Of course, it's a big deal if an innocent man was executed -- but it's also a big deal that the Texas criminal justice system appears to be grading its own papers, instituting its own investigation into the matter. Wow.

Motion to Recuse the Presiding Judge Also Set to be Heard Today

Before you get ready to drive to Austin, wait a minute. A challenge to the presiding judge has been filed, too. Sometime this morning, it's expected that State District Judge Charlie Baird will rule on whether or not he'll preside over the Inquiry. There are those that argue he shouldn't be involved - including the Navarro County District Attorney, who is seeking the recusal of Judge Baird. (Willingham was convicted in Navarro County - the prosecutor responsible for the conviction is seeking the recusal.)

However, it's curious because Judge Baird's role is not fact-finder: under Article 52.01(b), he must request that the district's presiding judge appoint another judge to review the evidence. Baird doesn't have that job.

The recusal motion is set for 10:30; the inquiry, at 1:30 this afternoon. Many are expecting a delay due to the recusal request.

Of particular note: Judge Baird has experience in handling a court of inquiry. He oversaw the court of inquiry into the conviction of Tim Cole (of Fort Worth).

Result: Tim Cole was exonerated, posthumously. (For details on Tim Cole's case, check out our earlier post.)

Was Cameron Todd Willingham Innocent?

Mr. Willingham went to his death never veering from his claim of being innocent of the murders of his three children, Amber (2 years old) along with 1 year old twins Karmon and Kameron, by arson in a fire that killed all three of them as they slept in their Corsicana home back in 1991. Willingham was tried, convicted, and executed in 2004.

Numerous respected experts have reviewed the arson investigation and determined that the case against Willingham was filled with errors and based upon outdated methodology.

What Does This Mean for Us?

This level of public scrunity into the justice system doesn't happen everyday - grading the papers long after the case is over, and in this instance, the man is dead. If the State of Texas executed an innocent man, it's a travesty. However, the fact that it isn't been swept under a rug -- that the system is checking itself -- this is a good thing for Texas.

DPS Trooper Busted for Selling Real Texas Drivers' Licenses to Illegal Immigrants

2010-09-01T14:15:00.001-05:00

A Houston Federal Grand Jury Indictment, unsealed yesterday by U.S. Attorney Juan Angel Moreno, gives the details behind the arrests of Department of Public Safety (DPS) trooper Mark DeArza, DPS clerk Lidia Gutierrez, and service station manager Maen Bittar, each charged with conspiracy to produce illegal identifications by selling fraudulent Texas drivers' licenses to illegal immigrants.

Apparently, this profitable DPS moonlighting business had been operating since last March. No news yet on how many Texas driver's licenses were sold. And, while they were fraudulently obtained, these weren't fake IDs made with the latest computer technology or some copier gizmo. Nope.

These buyers got the real thing: actual Texas Drivers' Licenses were being sold here. Real Ones. Just like the one in your wallet.

Smooth: Pay at the Gas Station, Scoot Over to the DPS Station and Get Your License

Apparently, they thought this through, and things were efficient: the service station guy sold the fake licenses to illegal immigrants from his gas station. Price? $3000 per license. Once he had the cash, he would send the buyers over to the nearby DPS office.

That's right: they walked right into the DPS office, where the clerk and the trooper would process them -- complete with driving test -- nevermind that they had no legal paperwork to establish citizenship, identity, or anything else.

These three are all out on bail right now ($50,000 each). If convicted of these federal charges, they may get 15 years in a federal facility along with a big, big fine of $250,000.00.

How Much Money Did They Make -- We Don't Know.

Let's see. Setting aside the illegally gotten gains here and just considering numbers: $250,000 equals 83 sales of $3000 Licenses. Wonder how much these folk made since March? Did they each sell over 14 licenses a month? Does this fine look that big to them? Just something to ponder.

Ex-Judge Samuel Kent Wants Out of Jail: It's Been a Cruel and Abusive Experience. Surprise.

2010-08-04T13:21:00.000-05:00

We've posted about Samuel Kent before -- following his path from a setting federal district judge in Galveston, Texas indicted for sex crimes, through his incarceration after he entered into a plea agreement (he was also the subject of impeachment, but that's a rabbit trail at this point).

He's always been rather creative and surprising in his legal strategies -- remember when he resigned one year in advance, in a fight to keep his pension? -- and this week's filing is no different.

Former Federal Judge Kent Finds Life Behind Bars "Cruel" so He Files Motion for Release

This week, Samuel Kent has filed a former request that his sentence be vacated and corrected. Why? Kent argues that the Bureau of Prisons has allegedly ignored the "intended sentence," entered in May 2009 by (1) denying him admission into the substance abuse program (for the reason that Kent had been sober for a full year before he was arrested); and (2) classifying Kent as a "sex offender" because the prosecution dismissed the sex allegation charges against him. Among other things.

While an inmate in a Florida facility, former judge Samuel Kent provides such facts to support his request as (1) he has suffered from listening to another inmate as the inmate was being raped; and (2) he was forced by a Florida prison official (a "sargeant") to do calisthenics in the nude.

There's lots more. Suffice to say, ex-Judge Kent's filing has a lot more juice to it than anything Lindsay Lohen has filed in the past six months.

Read the details for yourself in the Memorandum filed in concurrance with the Motion yesterday.

DPS Trooper Shoots Driver After Pulling Him Over For Speeding

2010-07-07T11:12:00.000-05:00

Yesterday morning -- very early, about 1 AM -- on Interstate 45 in Montgomery County, not too far from Willis, Texas, a DPS Trooper was setting in his squad car, monitoring the radar as traffic rolled past him. Weather reports show that while the area had seen lots of rain in the aftermath of Hurricane Alex, it wasn't raining at the time.

Zip, zip: a car sped by. Radar clocked it at 100 mph.

The Department of Public Safety officer drove off in pursuit, and soon enough the race ended. The speedster stopped his car on I 45, just north of the Interstate 45 and Longstreet intersection.

No crash. No weaving through rush hour traffic. Guy was driving fast at night on a lonely stretch of road, got caught by radar, and DPS was about to give him a big, fat ticket.

But then, something happened -- and we're still not sure what that was except that the Montgomery County media has been informed that a "physical altercation" happened there on the roadside between the Trooper and the driver. MyFox Houston is reporting that the guy tried to "resist arrest." No source given. The Houston Chronicle is reporting that the man exited his vehicle after being pulled over, and somehow the Trooper "feared for his safety" and shot the guy. No source given.

What we are sure about: the driver was shot. By the DPS Trooper.

And it was a serious gunshot wound: first, the wounded driver was taken by emergency medical crew to Hermann Hospital in the Woodlands. Later, he was LifeFlighted to Hermann Medical Center in Houston, and at last report, he's remains in critical condition.

Critical, as in this guy almost died and he's not out of the woods yet.

It's reported that several agencies are investigating this incident. The Texas Rangers are involved. So is the Montgomery County Sheriff's Department, and the Montgomery County District Attorney.

No reports that the driver was armed in any way. No weapon -- and it's pretty safe to bet that if this guy had a gun, or a knife, or some wild Martial Arts gizmo, that the DPS representatives would be hot to give the press that info at the get-go.

So, looks like the guy was not armed.

No dashcam video has been released, which might help to explain things -- and one has to wonder what story that camera may tell. Remember the beatings caught on video when the Beaumont cops pulled over the two men over in a routine traffic stop? It took two years before that video was released to the public (watch it here).

Why Did the Trooper Choose the Hand Gun Over a Stun Gun?

What about those Tasers? We've reported cops tasering drunks, grandmas, the mentally ill, a pastor, and even their spouses -- if the Trooper "feared for his safety" wasn't this the perfect opportunity to use a stun gun? The phrase "excessive force" comes to mind ....

We've already written about Montgomery County's problem with tasers -- the Sheriff's Department was involved in the Taser death of suspect Robert Lee Welch, 50 years old, and it was ruled a homicide by Taser last February. Does this mean that the Trooper was so wary of using a Taser that he pulled his GUN instead?

What's to learn here?

Cops are humans with weapons that can kill you, strapped to their sides. When they pull you over, you need to be careful. They can shoot you. We know, because they do.

Dallas Police Officer Indicted by Grand Jury for Oppression and Tampering with Police Report

2010-06-03T09:35:00.004-05:00

Dallas police officer Daniel Babb was indicted yesterday by the Grand Jury, so he's officially facing criminal charges now.

Officer Babb expected this already -- he had turned himself in to authorities on May 24th. Today, Daniel Babb's already out on bail ($2500) and off the streets under administrative leave.

The Dallas Grand Jury charges Officer Babb with two things: official oppression and tampering with a government document.

How did the Dallas cop become a criminal defendant? This all started around two years ago, when a 14 year old was hurt as a man named Jorge Torres, 21, allegedly held the boy while another man hit him. After the dust settled, the boy tells the story that this was all "horseplay" that he himself began - but at the time of the incident, law enforcement had a different perception.

The cops were thinking a crime had occured: injury to a child.

According to the reports, Dallas police were called to a domestic disturbance. Once there, Officer Babb - on the job around two years at the time this is going down - told Jorge Torres he could stand up from the curb where he was sitting during questioning, because ants were crawling on Torres' hands.

Texas ants. We all know what they can do. So far, so good for Officer Babb.

What happens next, according the reports, is where things go haywire. In his police report, Officer Babb states that he "felt threatened" by Torres after Torres stood, so Babb "used a balance displacement technique." This "technique" made Torres fall backwards over the curb and onto the ground. No news on where the ants were.

Torres Suffered Minor Injuries From Officer Babb's Actions

The police reports confirm that Torres got some medical attention at the scene, so we know he suffer some kind of minor injury here. However, other cops at the scene also reported that Officer Babb lost his temper at Torres, and shoved him to the ground without just cause.

The public integrity unit investigated, and found that Officer Daniel Babb had used excessive force. They also ruled that he had fudged his police report about what had happened.

So, Officer Babb's three year career as a Dallas Police Officer is in question right now. Of course, he's still on the force (though he's not on the streets) and he's still got a defense to present.

What Happened to Torres?

Jorge Torres got three days in jail because he refused to give the police his name when all this went down. The injury to a child charges? Dropped. The 14-year-old boy told the police that he started the whole thing, he wasn't a victim here.

One lesson learned? When reading Dallas Police Department records, note that the definition of "balance displacement technique" is "shove."

Dallas Grand Jury Subpoenas County Constable Adamcik - The Towing Plot Thickens?

2010-04-07T11:55:00.008-05:00

The ongoing investigation into the Dallas County Constables may be expanding.

We've already posted on County Constable Jaime Cortes (Precinct 5) and Constable Derick Evans (Precinct 1) - they're in the midst of an ongoing investigation into possible criminal acts by Dallas District Attorney Craig Watkins.

If you'll remember, it took awhile for Watkins to start investigations into the possible bad acts involving towing policies in Precincts 1 and 5 -- the Dallas County Commissioners had asked the District Attorney to investigate at least three times and zip had been done, etc., etc.

On Monday, grand jury subpoenas were issued to Dallas County Commissioner Ben Adamcik (Precinct 3) and three of his deputies. Seems that Adamcik, as well as his underlings Tony Lewis, Richard McKnight (the Chief Deputy), and Bertha Roop will be testifying to the Grand Jury on Friday.

Adamcik's a former cop, and he's telling the press that he's got absolutely no idea why he and his folk have been called downtown -- his precinct is "boring."

That may be. North Dallas may be boring. Adamcik and his folk could have been called down there for any number of reasons. But when the District Attorney's Public Integrity Unit Investigation into bad acts by County Officials spreads its web into yet another precinct, you gotta wonder.

And face it. These days (as reported on this blog and its brother), having a background in Texas law enforcement isn't exactly a stellar recommendation of integrity.

Let's watch and see what happens here.

Miranda Warnings Changed By US Supreme Court Last Week - And It's Not Good News

2010-03-01T11:27:00.004-06:00

The United States Supreme Court released two opinions last week that directly impact what we've all understood regarding Miranda v. Arizona, 384 U.S. 436 (1966).

Now, according to the Supreme Court, confessions that wouldn't be admitted at trial in the past WILL BE allowed as evidence at trial -- despite the reality that law enforcement interviewed individuals and got those confessions in ways that weren't considered legal until last week.

Florida v. Powell

First came Florida v. Powell, 08-1175 ___ U.S. ___ (2010). Here, the Court found that even though Florida's Miranda Warning does not state to the individual clearly and directly that he or she has a right to have a lawyer present when they are being questioned by police, the Florida warning is okay.

Guess the Court is depending upon all those TV shows to let everyone know that when the cops start to ask you questions, you have a constitutional right to an attorney.

Maryland v. Shatzer

Then, two days later, came Maryland v. Shatzer, 08-680, ___ U.S. ___ (2010). Here, the "Edwards v. Arizona rule" gets whammied. That rule was clear: when an individual invoked his Miranda rights ("get me a lawyer!") then that's it. Even if the man or woman says something later that amounts to a "nevermind" it didn't matter. The cops couldn't question any further and it be okay under the law.

Now, it's a big huge mess. The Supreme Court tells us that the Edwards v. Arizona rule shouldn't be an "eternal" bar to police questioning someone. Now, if there's a 14 day long "break in custody" between the police trying to question the individual, then a confession after that two week interval is going to be just fine. What??? Really???

"That provides plenty of time for the suspect to get re-acclimated to his normal life ... and to shake off any residual coercive effect of his prior custody," opines Justice Scalia in the decision.

What about if the individual is spending those two weeks behind bars? Doesn't matter, apparently: Shatzer was in prison during the "break in custody" and the Supreme Court didn't think that was a big deal.

Wonder how many confessions we'll see in the future that aren't dated at least 14 days after the individual was initially questioned by the police?

Cops Admit that Dallas Crime Records Are Not Accurate

2010-02-01T10:42:00.004-06:00

We need to be thankful that we have a great local newspaper here in Dallas, because they may be the only ones that are caring enough to give us the real skinny about crime in our community.

The Dallas Morning News has been waving the red flag for awhile now, telling anyone who would listen that the Dallas Police Department was NOT keeping track of crimes committed in our area according to FBI guidelines. And now, Dallas Police Chief David Kunkle has confirmed this, quoted in the paper as saying that he doesn't believe that the FBI guidelines should be followed "...like they were in the Bible."

What About Uniform Crime Statistics Across the Country?

There's a reason for the FBI guidelines. If everyone follows them, then there's a basis for organizing all the different records from all over the nation so comparisons can be made.

It looks like Dallas is monkeying with how it reports crimes so that the Dallas Police Department doesn't look like its dealing with as many serious crimes as it might be. The Dallas Morning News already reported on how auto burglaries weren't being included, so that the cop statistics looked better, and how Dallas PD tallies some assaults as lesser offenses -- which keeps Dallas' violent crime rate skewed lower than the truth in national studies.

Dallas Cops v FBI?

The Federal Bureau of Investigation isn't above taking on an entire city's police department. They're doing that right now, down in San Antonio. With all this number-crunching manipulation, will Dallas be next? You gotta wonder.

Cop Watch: What's With All the Gunfights Down in Pleasant Grove?

2010-01-04T08:59:00.005-06:00

Pleasant Grove is a small community located in southeast Dallas -- lotsa folk here just call it "the Grove." And that may be a really accurate moniker these days because it appears that some very UNpleasant things are happening there.

The Backstory: a Gunbattle Last Month ....

Just last month, the Dallas Morning News had a report on December 12, 2009, of a "gunbattle" involving a young man named Jae-Ron Andrews. According to media accounts, shortly after lunchtime on a Friday afternoon, Jae-Ron was meeting up with a drug dealer to buy some illegal substances (presumably in preparation for a fun weekend). Things turned sour, and 23 year old Jae-Ron pulled a pistol on the dealer. The dealer pulled his own weapon, and the two began exchanging gunfire. Jae-Ron was killed in the skirmish.

... Next, Fifteen Cops Vs. An Injured Nineteen Year Old

Then, right before the New Year, DMN reports on another gunbattle in the Grove -- less than three weeks after the first one. And this one is scary because it involves thirteen (13) Dallas cops and two (2) more police officers from Mesquite drawing guns and giving fire in an altercation with a single individual, a teenager from Dallas who was killed during this onslaught.

Nineteen (19) year old Dontell Mitch Terrell died on the night of December 29th at the Dallas County Medical Center of multiple gunshot wounds. His sixteen (16) year old cohort, also shot, did not sustain life-threatening injuries -- he was shot in a separate incident, by a Mesquite officer.

Dontell was shot when the 15 law enforcement officers "opened fire" (quoting DMN) on the teenager after he allegedly failed to drop his weapon. Reports aren't revealing how many times Dontell was hit, but the Dallas Morning News has seen fit to list the names of every single law enforcement officer that pulled his gun on Dontell Terrell.

Dontell was a troubled kid

Allegedly, Dontell and two pals had been robbing the local Papa John's pizza joint and the police caught up with the three on the road, after they'd left the scene driving a white Chevy. A high speed chase began, ending with Dontell jumping from the car and running -- getting hit in the process by a Mesquite police car. Injured, he ran into a nearby home where there was a standoff with police while he threatened suicide and told his mother over the phone that he wanted to die rather than return to jail.

Here's the question: did Dontell have to be shot down? by 15 different shooters?

Assuming that Dontell was suicidal and refusing to put down his weapon as a way to commit "suicide by cop," did that mean that 15 cops needed to fire upon the teenager? The listing of each cop involved in the shooting, together with their years of experience in law enforcment, suggests that this blog may not be the only place where the question arises: couldn't an injured 19 year old have been protected from his own suicidal wishes? Or is the Grove its own little version of the Wild West today?

JUDGE WATCH: Former Dallas Judge and TYC Ombudsman Faces Felony Indictment

2009-12-02T10:47:00.003-06:00

In the 1990s, Catherine Evans sat as a state district judge here in Dallas County. Maybe you remember her from her days on the bench.

Maybe you know her as the chosen "ombudsman" for the Texas Youth Commission (TYC) -- a couple of months ago, Gov. Perry named Cathy Evans as the person responsible for insuring that minors confined in the state's juvenile facilities were kept safe. (In between these two stints, Evans served as a commissioner of the Texas Juvenile Probation and on both the Dallas County Juvenile Advisory Board and the TYC Advisory Board.)

And that's where the story starts to get strange. Really, really strange.

Keeping kids safe who are under the lock and key of the Texas Juvenile Justice system is important, and it's scary to think how often these children are NOT safe while in the state's care.

Back in March 2007, there was a national scandal surrounding the Texas Youth Commission -- and the entire TYC Board was forced to resign as a growing number of criminal allegations were being made against Commission staff, and media reports were escalating about the improprieties within the juvenile correctional system. It was a Major. Big. Deal.

Part of the TYC Fix was the Appointment of an Ombudsman

The number of stories of the 2007 abuses in the care of minors in Texas lockups is simply too numerous to mention here. It was amazing in its horror, and the description that the system was in "shambles" was not an exaggeration.

So, when the Ombudsman position was created, it would seem like the Head of the Cavalry had been identified. In this job, Catherine Evans was to investigate complaints and problems within the juvenile lockups. You can almost see one of those "The Buck Stops Here" placards on her desk, right?

So, What's the Ombudsman Doing Allegedly Smuggling a Knife, a Cellphone, and Drugs into a TYC facility?

According to the felony indictment, Ombudsman Evans was found trying to smuggle a knife, a cellphone, and prescription drugs into the TYC unit in Crockett, Texas. Officially, she is charged with "possession of a prohibited item in a prison facility" and if convicted, she faces 2 to 10 years imprisonment.

Remember now: Cathy Evans was a state district judge for several years before being appointed to this job by Gov. Rick Perry. What the heck is going on here?

Evans has denied any wrongdoing. She agreed to resign and her replacement will be named "as soon as possible," according to the Governor's Office.

And, it's being reported that the knife was a Swiss Army Knife; the cellphone was hers; and the "white powdery" substance found in a vial in her purse that tested positive for amphetamines turned out to be dish washing detergent.

Sounds like she was just lax in checking out her bag before going into the facility, right? Except it's STILL a felony to bring this stuff in, she's not in a position to claim ignorance (if that was an excuse, which it's not), and she's still gonna face felony charges.

Texas judge. Felony. Wonder if the newspapers re-use the same headlines, and just change the name, to save time these days?

Cop Watch: Dallas County Constable's Computers Taken Over, What About Our Privacy Rights?

2009-11-02T11:14:00.005-06:00

First, there were rumors that employees of a Dallas County Constable were forced to work for free on the job as well as on the constable's re-election campaigns. Then, some of these employees told their stories to FBI agent Danny Defenbaugh and that's when You-Know-What hit the fan.

Right now, Dallas County Constable Jaime Cortes has his lawyers filing arguments with the court that the Dallas County Commissioners don't have the legal right to investigate Cortes or his fellow law enforcer, Constable Derick Evans. (There are rumors that Craig Watkins is behind the scenes with his own investigation, but the District Attorney's Office isn't confirming that they're doing anything here.)

Right before Thanksgiving, a retired district judge is going to have a hearing and sort out this mess -- but there's already a lot of mud that's been slung and probably lots more will get thrown before that November 23rd court date.

Why should we care?

Well, regardless of all this employment hooplah, the bottom line is that the computers used by the constables were taken by the investigators, and presumably they've been through all those stored files. In fact, we've got no idea who all has been combing through those computer files.

Plus, we don't know what all those law enforcement files contained on the Constable's databases, but any Average Joe citizen out there probably had a right to privacy expectation that their personal information wouldn't be tossed around like this.

Today, the Dallas County Constables do lots of police-type work -- long gone are the olden days, where their primary job was serving subpoenas and the like. Now, Cortes and his brethren are involved in things like (1) finding dads who aren't paying their child support and forcing the deadbeat dads to pay up; (2) searching out and closing down crack houses and other drug sales shops in their area; (3) watching schools for dealers trying to sell drugs like heroin to the kids there; (4) impounding cars and other vehicles for various law violations, etc.

There's nothing to shield totally innocent folk from the stigma of being revealed as someone once considered as a druggie, etc. by the free for all use of the Constable's computer files here.

Let's hope the Judge on the November 23rd hearing puts a stop to this -- although, it's probably like shutting the barn door after the horse is gone by now ... right? How many copies of those hard drives have been made? Who got sent what as email attachments?

Cop Watch: Dallas Cop Tasers Himself, Goes to Hospital, Becomes Hit on Digg.Com

2009-10-05T09:39:00.006-05:00

Last week, the video of a Dallas cop tasering himself was one of the Top Videos at Digg.com with over 1100 hits. The video itself (you can watch it below) is from a local TV newscast that starts out giving a map of the Dallas metroplex, just in case folk around here needed a visual to understand one of local law enforcement officers was the one involved.

Now, this isn't the first time we've blogged on Texas cops misusing tasers. Just check out this list of prior posts:

August 2009: Taser Death of Michael Jacobs

July 2009: Two Taser Stories ("Take it!!! Take it!!!" the cop cried while repeatedly using the Taser)

July 2009: Cops Taser the Pastor -- in the Church Parking Lot

June 2009: Cops Taser a 72 Year Old Grandma -- twice.

May 2009: Cops Taser the Town Drunk and Kill Him

April 2009: Cop Tasers His Own Wife

March 2009: Cops Taser the Father of the Bride at the Wedding Reception

Texas Cops Use of Tasers is a Serious Situation becoming a National Joke

It's becoming more and more serious when cops are actually hurting themselves (note from the video, the cop was taken to the hospital to get treatment for his injuries), websites like Digg.com are gathering an audience based upon the humor in the situation, and still -- nothing is being done to deal with TEXAS LAW ENFORCEMENT MISUSING STUN GUNS AND HURTING -- SOMETIMES KILLING -- PEOPLE.

When is the Texas Legislature going to take notice?????

Cop Watch: Beaumont Cops Dash Cam Video Released of 2007 Arrest

2009-09-02T17:09:00.005-05:00

Listen.

Listen carefully, as well as watch this video captured by the dashboard camera of a Beaumont, Texas, patrol car. It was released by the Jefferson County District Attorney this week.

It is two years old, and the public is just now privy to this video.

What you are seeing - and hearing - is the recording of events on August 24, 2007, when Darrick Newmann was arrested by Beaumont police after a routine traffic stop. It's not pretty. In fact, it may well cause an emotional response and you should be prepared for that before you hit that play button.

Indictments and a Civil Lawsuit are Pending

Two of the cops seen in the video, Officers David Todd Burke and James Cody Guedry, are facing criminal charges for official oppression (one count each). In a related civil action, Darrick Newman is suing for damages based upon their use of excessive force.

Excessive force. What do you think?

DA Watch: El Paso District Attorney Investigates Potential Jurors Including Expunged Records

2009-08-03T11:40:00.003-05:00

Over in El Paso, the district attorney's office is using its government databases to investigate ordinary citizens who show up for jury duty -- including going through past records that the citizens may believe to be secret or expunged.

And they're not telling the defense attorneys about this, at least they haven't been until they were caught doing this recently. Of course the defense bar is calling foul here.

What is an expunged record?

When someone pays to have their record "expunged," then they are taking action to have their record cleared of something -- an arrest, etc. -- and they believe that the expungement removes all trace of that particular event.

And it does. Public records do not provide any reference to something that has been expunged.

However, in the government databases, the expungement can remain these days -- all because of modern technology. The expungement is stored on the governmental records, archived in a database somewhere instead of the old school method of physically removing a file from the filing cabinet, stamping it "expunged," and either destroying it or sealing it in a box for storage offsite.

Where's the unfairness? First, it's unfair to the citizen whose record was expunged.

The first unfairness is to the citizen whose record has been expunged. An expunged record should mean that there has been a destruction of the event. For example, someone who is innocent was arrested for a crime. Three days later, the true evildoer was found.

It is blatantly unfair for that erroneous arrest to follow the innocent person into his or her future, tainting their personal and professional reputations. The mere reference to an arrest might cost them a job, for example. So, an expungement occurs.

The citizen believes that the horror of that event is gone and forgotten. But not with the El Paso District Attorney's office, apparently. They'll use the governmental databases and they'll look up that faulty arrest. All because the citizen has done his civic duty and shown up for jury duty.

That's not right. That's unfair.

It's also unfair to the valid and full defense of the current criminal defendant.

Remember now: the El Paso district attorney's office can access a national crime database -- just like any government prosecutor in this country -- and here, there's an unabridged listing of arrests and convictions that have been expunged from the public records.

Meanwhile, the defense attorney can only have access to the public records, not the SuperSecret national crime database.

So, the defense attorney is hampered in choosing a jury because the prosecutor is privy to information that the defense attorney is not. This is not the way that the jury selection process is supposed to occur.

What if the defendant going to trial is arguing that he was wrongfully arrested? We all know that the district attorney is going to strike the man or woman from the jury pool who they know from their SuperSecret database has an expunged record of a wrongful arrest. The prosecutor won't want that citizen on the jury, he (or she) may side with the defendant.

Which is exactly why the defense WILL argue for that citizen to be on the jury. And why this prosecutorial tactic is blatantly wrong.

Is this happening in places other than El Paso?

Sure it is. That governmental database is national in scope, and it would be absurd to think that only the El Paso district attorney's office is sniffing around its archieved expungements.

JUDGE WATCH: Another Surprise Move by Judge Samuel Kent as He Resigns Effective June 30, 2009

2009-07-01T13:58:00.000-05:00

No one can say that Judge Kent didn't put up an aggressive and creative fight in his defense against the charges levied against him - during the course of that proceeding, Kent took the offense time and again, surprising many with his strategic maneuvers.

And Samuel Kent surprised everyone once again, this week.

You'll recall from our earlier posts that Judge Kent returned to the national spotlight last month, when he sent in his letter of resignation -- with an effective date one year in the future. This would allow him to continue collecting his salary, even from his prison cell, until he was "fired" -- which for an appointed federal judge, means impeachment and trial in Congress.

Say what you will about Kent, this was a smart and shrewd move on his part, from a defense perspective.

Of course, this served to incense many, and the impeachment of Judge Kent began. Then, as the Senate was beginning its trial process by sending two Senate officials over to Judge Kent's jail cell last week to serve a summons upon him, voila.

Another surprise from Judge Kent.

He handed the Senate summons servers a short, terse letter where he resigned effective June 30, 2009. As of today, Judge Kent is no longer a federal judge, his bench is vacant, and he's no longer drawing a government paycheck.

Congress has to decide what it's going to do now. He's already in prison for 33 months. He's broke. They got lots of other business. Maybe Congress just lets this go.

Meantime, one has to wonder: book deal?

DA Watch: Former Jim Wells County DA Joe Frank Garza Spent Millions in Drug Money on Vegas Trips and 3 Secretaries

2009-06-01T11:21:00.000-05:00

Down in Alice, Texas, where US Highway 281 runs through on its way from the US -Mexico border through the heart of Texas up to Dallas and beyond, there's lots of drug busts. Law enforcement in Jim Wells County stops all sorts of vehicles on its patch of US 281, confiscating all kinds of drugs -- as well as cash.

Apparently, lots and lots of cash. We're talking millions.

Over Four Million Dollars in Drug Forfeiture Money Was Spent by Former DA Garza on Trips to Vegas and Other Interesting Stuff

Joe Frank Garza was the District Attorney for Jim Wells County for a number of years, until his opponent campaigned in Alic, and elsewhere on issues regarding Garza's spending habits, and beat him in the last election.

Now, new DA Armando Barrera is beginning to report his findings on what was happening with the drug forfeiture money. First, Barrera is reporting that there was no checks and balances here: Garza spent the cash without anyone double-checking what he was doing with it.

And what was Joe Frank Garza doing with all that cash?

Barrera's reporting that Garza spent lots of money on travel to Vegas.

Garza's response is that there were lots of seminars in Vegas. He and
his employees went on lots of seminars ... legal seminars, to educate
themselves.

Barrera's reporting that Garza spent lots of money on three particular secretaries.

Garza's response is that the cash was for extra pay to lots of folk within his jurisdiction.

The Numbers So Far

The media is reporting these tallies (the audit/investigation is ongoing, this information comes from data provided by Garza to the Attorney General's office) from 2000 - 2007 (excluding 2002) where Garza spent $4.2 million:

$2.1 million was spent on "salary supplements", and while Garza had a staff of 15 who did get bonus pay, Barrera (and the county commissioner heading up the investigation) are reporting that most of this total went to just three people, three secretaries who worked for Garza.
$267,449 on travel.
$581,000 in operating expenses.
$19,987 on equipment.
$154,213 on supplies.

Has a Law Been Violated by Garza?

Garza is adamant that he has done nothing wrong. It was totally within his power to spend this drug money as he saw fit. Right now, state and county laws are being reviewed to see if this is true, or if Garza has violated either civil or criminal laws by his actions.

Stay tuned.

Sources:

Corpus Christi Caller Times
http://www.caller.com/news/2009/may/27/jim_wells_forfeiture/

JUDGE WATCH: Justice Sharon Keller Amends Her Financial Report, It's Up $2.4 Million

2009-05-04T09:11:00.000-05:00

Justice Sharon Keller has submitted her amended financial statements, and boy have things changed.

She has added over $2,400,000 in property and income from the last financial statement that she filed. And, as the presiding chief justice of the Texas Court of Criminal Appeals, she is required by law to reveal in writing all her assets.

Why didn't she just include all this stuff before now?

Her daddy didn't tell her.

That's right. Yes, this is the explanation that the Chief Justice gave the Texas Ethics Commission for this huge, glaring omission.

In her sworn statement, which was filed along with these amended financials, Justice Keller points the finger at her dad - seems he acts as business manager for his four kids, and he's placed properties in all their names. Guess this never, ever got talked about at family gatherings, or that daddy's daughter never thought to ask anything like "what are you using my name for?"

Lawyers never think of things like that.

Still no answer on what she thought she was signing periodically, and one would assume that with $2.4 million in assets floating around, that there were times when Daddy would need Daughter's signature on something.

What are these assets?

According to the financial statement, and the reporting of the Dallas Morning News, these newly revealed assets include:

1. two fast-food restaurants
2. a bank
3. a home on Garland Road
4. another home on Garland Road
5. a commercial tract in Euless, Texas (1.5 acres)
6. 22 Certificates of Deposit (CDs) in four different banks
7. $110,000 investment income.

Must've Been A Nice Surprise

Boy howdy. Wouldn't that be great -- to discover that you own a bank, a couple of restaurants, two houses on Garland Road, some land, some CDs, and you're gonna get over $100K each year in investment income?!! Wow.

Sources:

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-keller_02pro.ART.State.Edition2.4aa5bed.html

JUDGE WATCH: Another Texas Judge Arrested by the FBI

2009-04-06T10:43:00.000-05:00

You read these stories, and you just know you're seeing a future Law & Order episode ....

Last Thursday, after an investigation with an undercover FBI agent posing as a defendant pending trial, the FBI arrested El Paso state district judge Manuel J. Barraza, 53, on four counts of federal criminal activity that is being described as taking bribes and soliciting sex from defendants appearing before him.

Officially, the grand jury indictment includes three charges of "wire fraud and deprivation of honest services" and a fourth charge of lying to a federal agent. Judge Barraza has been released from custody after posting $10,000 bail.

El Paso District Attorney is Reviewing Every Case that Went Before Barraza

Meanwhile, the El Paso district attorney is reviewing every case that has gone before Judge Barraza and it's expected that some of these cases will be tossed out as a result of the prosecutor's investigation. Even though the judge has only been on the bench a short while, that review is going to encompass over 100 cases.

Apparently, it didn't take Barraza long ....

Barraza just got elected judge last November. And,according to investigators, Barraza started these solicitations for money and sex long before he took the bench in January. In fact, Barraza purportedly starting inviting defendants to pay him money and sex for his influence as a judge shortly after he won the election on November 2nd.

Shocking Blow to a Once-Promising Career

Barraza, now a grandfather of four and father of two, built a legal career as a criminal defense attorney who represented complex and notorious criminal defendants, including serial killer Richard Ramirez (known as "the Night Stalker" in the media) as his local counsel.

However, maybe there was a hint of things to come: the El Paso Times is reporting that Barraza was charged with attempting to bribe a probation officer back in 1983, but the charges were dismissed for lack of evidence.

What Happens to Manuel Barraza?

First, he's going to have to face those federal charges. Then, maybe Barraza can go back to practicing law. But his short stint as a member of the judiciary (did he even reach 90 days on the bench?) is the end of Manuel Barraza, Judge.

Sources:

Houston Chronicle
http://www.chron.com/disp/story.mpl/ap/tx/6359175.html

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-judgearrested_03tex.ART.State.Edition1.4a96528.html

El Paso Times
http://www.elpasotimes.com/politics/ci_12060597

JUDGE WATCH: Texas Supreme Court Justice Nathan Hecht - Ethics Complaint Dismissed for Insufficient Evidence

2009-03-02T09:48:00.000-06:00

Here in Texas, our highest courts in the adjudication of Texas law are split -- civil matters go to the Texas Supreme Court (TSCt), and criminal cases are reviewed by the Texas Court of Criminal Appeals (CCA).

And, there's something to ponder in the fact that the national media has justices on both these courts in their headlines for possible bad acts. Yes, folks, let's ponder that for a bit.

While CCA Chief Justice Sharon Keller (see earlier post on her impending trial and possible impeachment) will be in the news for months to come, TSCt Justice Nathan Hecht is probably going to fade away from the national media scene because of a decision released last month, and hitting the media news late last week.

Texas Ethics Commission Clears Justice Hecht

On February 12, 2009, the Texas Ethics Commission issued a final order in a year-long investigation into activities of Justice Hecht. The TEC dismissed the complaint against the Texas Supreme Court justice because "insufficient evidence" was found that the state election code had been violated.

Justice Hecht Accused of Using Political Contributions for Personal Use

Over a year ago, Hecht was accused of using campaign money to travel to Carrollton, Texas (Hecht lives in Austin). Hecht, however, has a home in Carrollton, attends church in Carrollton, does some of his TSCt work in Carrollton, and has "lots of friends" in Carrollton.

Justice Hecht's Reprimand and $29K Fine Still Holds

Of course, this doesn't change the reprimand that Justice Hecht received last fall, from this same ethics commission, to the tune of $29,000. In that matter, Justice Hecht was found to have received an illegal campaign contribution amounting to $168,000 because the law firm Jackson Walker discounted his legal fees by that amount during his legal fight against allegations that he had abused his position as a justice on the TSCt by openly supporting Harriett Miers in her failed bid for the United States Supreme Court.

(Hecht's argument to the underlying legal challenge? He's prohibited from supporting a candidate running for judicial office under the Code of Judicial Conduct, not from supporting someone nominated for appointment.)

That's Not All Folks ....

And, if you're thinking this is all there is to ethics investigations into the high courts of our fair state, think again. There's the 2008 investigation into TSCt Justice David Medina - alleging that he may have violated state law when he reimbursed himself $57,000 in mileage (commuting between his Houston home and Austin) out of campaign funds.

You'll remember that Houston home -- it's the one that Justice Medina's wife was accused of burning down when arson charges were filed against her.

Sources:

Associated Press
http://www.google.com/hostednews/ap/article/ALeqM5hbVtxppqsV8p1RE_M-z5Uhysp6yQD96JK3280

International Herald Tribune
http://www.iht.com/articles/ap/2008/12/05/america/Texas-Justice-Ethics.php

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-hecht_27tex.ART.State.Edition1.4a8701f.html

Houston Chronicle
http://www.chron.com/disp/story.mpl/editorial/robison/5863268.html

COP WATCH: North Texas Sheriff Cops a Plea in Fed Court, Faces 10 Yrs in Pen

2009-02-02T10:27:00.000-06:00

The feds got themselves another Texas Sheriff last week.

Montague Sheriff Bill Keating Pled Guilty and Faces 10 Years in Prison, $250K in Fines

Last Thursday, Montague County Sheriff Bill Keating - a man who has worn a badge for the past forty years - accepted a plea deal offered by federal prosecutors, pleading guilty in federal court for violating the civil rights of a woman and facing a maximum fine of $250,000 and 10 years in federal prison.

"Civil rights violation" sounds pretty tame, doesn't it? Well, actually it is kinda reminiscent of the old Al Capone case, where the feds got Capone on tax evasion. Those federal crimes sound kind of dull and dry, until you find out all the details behind them.

The Backstory on Sheriff Bill

The real story behind Sheriff Bill Keating, 62, is a nasty one. As reported by the Feds, it seems the sheriff and his crew went out to some guy's house, with a warrant, to arrest him. When they got there, the man and his girlfriend were at the house. Rather than just taking the guy in, the Sheriff's posse looked around and found some drug paraphernalia along with the dregs of some methamphetamine.

Sexual Assault On More Than One Occasion Equals Violation of Federal Civil Rights

And here's where the story gets really bad. Seems Sheriff Keating took the girlfriend aside and threatened to bust her, too, unless she had sex with him. Authorities report that the two, the Sheriff and the girlfriend, drove in his pickup truck to some back road where she performed oral sex on Sheriff Bill.

It wasn't over then, though. The Feds report that Sheriff Bill went back to the girlfriend on several occasions with the same demands for sexual favors, and that he also forced her to agree to become an informant for the Sheriff's Department.

This is the stuff of bad B movies. The only good thing? That woman had the courage to tell the truth about what was happening to her. Good for her. That took guts, to go against a Texas Sheriff and his whole department.

Now, the State District Attorney Has His Turn at Bat: More Charges Are Expected

While the Feds have made their case based upon constitutional violations, the State of Texas still has a turn at bat. And, the Montague County District Attorney has announced he's looking to file charges against Sheriff Bill Keating, along with assorted deputies, for having sex with inmates in the county jail along with allowing contraband into the facility.

And, get this -- things were so bad in that jail under Sheriff Bill's command, that some of the jail cells had recliners in them. Recliners. Think about that.

Look for the State indictments to hit sometime later this month.

Betcha we're gonna here lots more bad stuff about ol' Sheriff Bill: that fed story about the girlfriend? Tip of the iceberg. Betcha.

And, betcha we're gonna see some civil lawsuits popping up sometime soon, too. You know, civil damages for the Sheriff's bad actions, and the assertions of an immunity defense.

Sources:

Associated Press
http://www.google.com/hostednews/ap/article/ALeqM5g6FG_8F8-Kdg5r_VIRh9X6tBOIUQD9612ED00

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/politics/state/stories/DN-sheriff_30tex.ART.State.Edition1.46fda64.html

JUDGE WATCH: Judge Shelton's Daughter Can Do No Wrong?

2009-01-05T11:38:00.000-06:00

Over in Houston, Elizabeth Shelton really isn't new news -- back in October 2007, her name was in the papers as the daughter of a Houston judge (Pat Shelton) who had been convicted of intoxication manslaughter in the death of her 19 year old boyfriend, and fined $10,000, after her SUV collided with a box truck on the freeway. She had to serve 120 days in jail (which didn't start until she finished her semester at college) before starting a term of 8 years probation. If she violates the probation, then she serves 5 years in prison.

No one contested that her SUV rear-ended the truck.

Elizabeth Shelton's SUV plowed into the back of a box truck on the Southwest Freeway, killing her passenger.

No one contested the fact that this was a drunk driver case.

No one denied she was drunk. Elizabeth Shelton, the judge's daughter, tested THREE times over the legal blood alcohol content. Evidence included that she cursed at the ER nurse after the accident, and was heard to be telling folk there that her daddy was a judge ....

Her boyfriend was hanging out of the truck per criminal trial testimony.

Oh, and there was evidence that right before the crash, her boyfriend was hanging out the side of the SUV, on the freeway, and that he was almost decapitated upon impact. Whoa.

Her defense was the truck driver changed lanes....

Still, throughout her criminal trial -- and she went to trial, no plea bargain for her -- she argued for her innocence. Her defense? the truck driver made an illegal lane change.

Now, the Judge's daughter is suing the TRUCK DRIVER in civil court ....

Yes. That's right. It's been almost a year since she was sentenced, and now Elizabeth Shelton has filed suit against the truck driver.

Get this: the Judge's daughter wants $20,000 for the property damage to her Lexus SUV and she wants an undisclosed amount for the pain and suffering she's experienced, along with medical expenses and attorneys' fees.

And the JUDGE is also listed as a plaintiiff in this suit. Yes, the JUDGE is suing, too.

No kidding, serious as a heart attack.

Judge Pat Shelton, and his wife, are parties plaintiff right along with their daughter, in this civil suit ... which many try and justify by arguing it's all just a big skirmish necessary to get insurance companies to pay up.

Sure, that explains everything. Like why the media in AUSTRALIA are running this story with the headline, "Someone tell this woman she's an idiot."

Once again, I could not make this stuff up.

Sources:

KTRK-TV
http://abclocal.go.com/ktrk/story?section=news/local&id=6563241

KHOU-TV
http://www.khou.com/news/local/houstonmetro/stories/khou071009_ac_shelton.15350e37c.html

The Inquistr
http://www.inquisitr.com/12769/someone-tell-this-woman-shes-an-idiot/

Jail Watch: Dallas Jail Inmate Corey Bailey's Death Under Increasing Scrutiny, Family Is Suing

2008-12-31T09:41:00.000-06:00

Corey Bailey was 31 years old when he died, face down, on the floor of a cell in the Dallas County Jail this past June. No friends, no family, no last rites, alone on a cold floor, and we know he was scared - think about that.

Why?

So far, there's been an internal investigation - but none of the jail employees have been given leave, much less fired, for any wrongdoing - and the medical examiner's initial decision was that the cause of Bailey's death was "undetermined."

Sure doesn't sound like it's that hard to call ... and Bailey's family apparently thinks so, too, because they've sued.

Here's the backstory:

1. Corey Bailey was mentally ill, and suffering from paranoid delusions.

2. On June 27, 2008, Corey Bailey was to be moved from the Decker Jail to another facility.

3. Corey Bailey was mentally ill -- paranoid -- and scared of the guards - he confronted them, and they admit to spraying him with pepper spray.

4. Somehow, there's a gap in the story here (ahem), Corey Bailey is moved and he's placed face down in a new jail cell.

5. Twenty minutes later, according to the guards, they come to check on Corey Bailey and he's "nonresponsive." Read that, dead.

6. From the medical examiner, we know that Corey Bailey suffered from toxic effects of PCP, suffered from "excited delirium," and suffered from the "restraint by police officers," which together combined with "physiological stress associated with restraint" to kill him.

7. The autopsy report reveals that "traumatic asphyxia associated with restraint" may have contributed to Corey Bailey's death -- and that happens from choke holds or from pushing a knee into Corey's back (which would keep Corey from breathing).

Here's what the family attorney has pled in the lawsuit:

1. Corey Bailey was handcuffed at the wrists and ankles before anyone attempted to move him anywhere.

2. Six guards then dragged Corey Bailey down the hall by his pant legs and arms. That's right: SIX.

3. Corey Bailey was vomiting as they were doing this.

4. Corey Bailey spat at the nurse who was treating him for the pepper spray, and for an injury to his knee. (Before you get upset at this, put yourself in Corey's position. Ponder how you're feeling right about now, the fear and the anger .... add to that a delusion or two - maybe monsters are trying to kill you, or maybe aliens are trying to abduct you ... you're not in reality right now)

5. In response, a guard covered Corey Bailey's mouth with a plastic bag until a mask arrived (this is in the autopsy report).

6. Guards placed Corey in a cell, face down, and removed his cuffs (which we can assume means he was unconscious, right?)

Who Was Corey Bailey?

According to his brother Cedric, Corey was a church-going, hard-working guy who took care of his 10-year-old son. He had family who loved him.

According to medical records, Corey was a diagnosed mentally ill person, suffering from paranoid delusions.

According to autopsy records, Corey was a drug user because somehow, he had PCP in his system. (Isn't this curious???? ? Wonder when that PCP was put into Corey's body????? This PCP is just so darn convenient.)

Finally, according to jail records, Corey Bailey is the first inmate to die after an involvement with Dallas County jail guards since the jail was forced by court order to make "improvements" -- and these changes only happened after federal inspectors ruled that the Dallas County Jail was dangerous and indifferent to human suffering.

The Dallas County Jail was "dangerous and indifferent to human suffering."

When was that? Just 2 years back ... doesn't sound like much has changed, does it?

Meanwhile, the most sincerest of condolences to the family and friends of Corey Bailey, especially his ten year old son.

Source:

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-bailey_27met.ART.State.Edition2.4a1e0d1.html

Media Watch: Dallas Morning News Changes Its 100 Yr. Stance on Death Penalty

2008-12-29T10:11:00.000-06:00

Today, the Dallas Morning News changed its position on the death penalty, and after 100 years the newspaper no longer supports capital punishment. Wow.

The entirety of the editorial is worth the read, but here are some excerpts in case you don't have the time:

"The year draws to a close with Texas in its familiar No. 1 place nationally in capital punishment statistics (18 of the nation's 37 executions in 2008). It has also been a year rich with examples of why this state should stop its error-prone machinery of death. ...

"For a change, discussion about flawed justice need not start in Dallas County, the nation's ground zero for DNA exonerations. Just to the north, Collin County illustrates how even a highly educated, affluent community can get it wildly wrong in the high-stakes gamble called capital punishment. ...

"There is no quick or neat fix for breakdowns in justice that range from poor technology to dishonesty among officers of the court. Dozens of DNA exonerations across the state – including the nation-leading 19 in Dallas County – have demonstrated how unreliable eyewitness testimony can be. Further, statistics indicate a disturbing arbitrariness of capital punishment, varying greatly by county. Data also show that a killer is far likelier to die for killing a white person. ...

"It's the view of this newspaper that the justice system will never be foolproof and, therefore, use of the death penalty is never justified. ...."

Read the full editorial here:

Editorial: Death penalty moratorium needed
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-death_29edi.State.Edition1.1eb1ec0.html

For some earlier posts on issues addressed in this editorial, see:

Crime News: Bernie Madoff Scandal Kills DNA Testing for Wrongfully Convicted
http://dallaslawyer.blogspot.com/2008/12/crime-news-bernie-madoff-scandal-kills.html

Judge Watch: Secret Love Affair Between Trial Judge and DA Stops Execution?
http://dallaslawyer.blogspot.com/2008/09/judge-watch-secret-love-affair-between.html

Crime News: Will DNA Tests Free Johnnie Lindsey on Friday?
http://dallaslawyer.blogspot.com/2008/09/crime-news-will-dna-tests-free-johnnie.html

Crime News: Bernie Madoff Scandal Kills DNA Testing for Wrongfully Convicted

2008-12-24T10:07:00.000-06:00

The biggest Ponzi scheme in history has reached Texas - and it's very bad news.

This week, while Bernie Madoff sits on house arrest in his plush NYC condo, the Innocence Project of Texas was forced to announce that while they can finish up their scheduled DNA testing for folk who have been wrongfully convicted, they don't have the cash to continue.

JEHT Foundation Closed Its Doors on December 15, 2008

Seems the Madoff scandal forced the JEHT Foundation to shut down, and this was the organization that paid for all these DNA tests.

An acronym for Justice Equality Human dignity and Tolerance, JEHT has been the work of New York philanthropist Jeanne Levy Church and her husband, Kenneth. JEHT focused upon criminal justice reform nationally, and just last year the Levy Churches gave $29.9 million via the Foundation for this Dallas DNA testing endeavor. Madoff's evildoings put an end to JEHT's cashflow, effective December 15th.

There is some good news here. According to the Dallas Morning News, JEHT gave $400,000 to the Innocence Project of Texas and the Project is legally free to keep that cash, and pay for DNA tests already on its calendar.

Just forget the $15,000,000 that JEHT was negotiating to invest in Dallas justice over the upcoming year ....

What Happens With the Innocence Project of Texas?

First, after what is reported as an initial "panic," their leadership has regrouped and after determining that they can keep the $400,000, they're going to try and spread that money over the DNA testing on schedule and hope that this will cover the years of questionable verdicts currently under scrutiny.

They're also talking about where else they can go for funds, and how they can organize fundraisers, etc.

Finally, their executive director reportedly told the Dallas Morning News, " I think it's going to turn out okay."

A Suggestion for Bernie - Instead of House Arrest, Put Him in James Woodard's Old Cell

Here's one suggestion that I'm sure lots would agree would be true Texas Justice -- let's move Bernie Madoff from his Manhattan condo, and put him into one of the Texas prison cells in which one of the wrongfully convicted had to reside while Madoff awaits trial.

Maybe Bernie could kick back in the prison cell of James Woodard, who was released at age 55 after serving 27 years for the wrongful conviction of raping and murdering his girlfriend. (Woodard's got the record right now for the longest amount of wrongful time served.)

Sources:

KDBC-TV
http://www.kdbc.com/Global/story.asp?S=9575212&nav=menu608_2_4

Associated Press
http://www.google.com/hostednews/ap/article/ALeqM5h-61vCWv2M4EBXW8BwYy6jbwm_7wD956ME0O0

New York Times
http://dealbook.blogs.nytimes.com/2008/12/15/madoff-scandal-forces-jeht-foundations-closure/

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-dnamoney_24met.ART0.State.Edition2.4a2f9ed.html

Bloomberg
http://www.bloomberg.com/apps/news?pid=20601087&sid=aPFOinHpCuPo&refer=home

JUDGE WATCH: Houston Judge Ignores Reversal of Conviction, Keeps Abused Kid Behind Bars Whose Repeated Outcries Where Ignored

2008-12-22T11:14:00.001-06:00

This Christmas story should make you mad. Mad at a lot of people .... really, really mad.

Right now, a kid sits in jail over this Christmas holiday because a judge said so - a boy who everyone knows suffered physical abuse from his father for years must spend another Christmas behind bars.

And, even though the 14th Court of Appeals says this kid didn't get a fair trial the first time.

Who is this kid?

We don't know his name - that much is being protected. We do know that he is a boy who at the age of 10, after no adult would listen to him, took matters into his own hands to protect himself and his little brother (two years younger), and shot his father to death when the dad came to pick up the boy and his brother from their mother's home (the parents were divorced).

Get this (and this comes from the 14th Court's opinion):

1. Cops were called to the parents' home on 20 separate occasions on domestic violence calls with each of them -- mother and dad -- being arrested more than once.

2. The boy in jail saw his dad arrested at least 7 times because of physical altercations.

3. This dad was not some fly-by-night guy: the boy's father was an emergency room doctor at the University of Texas hospital in Galveston. That's right: an ER doctor.

4. When the boy was 6, he saw his dad take a hammer to his mother - and the child picked up the phone, trying to get his mother to call 911. She didn't.

5. While a psychologist confirmed that the boy had been sexually abused, and while the mother found the boy exhibiting behaviors that are known to be evidence of sexual abuse, nothing was done after the boy outcried that his father was the perpetrator -- CPS was inept, the police didn't file charges. And this was true for authorities in both Houston and Galveston. The dad didn't lose parental rights or visitation.

6. The boy was beaten by his father - the father used his hands or a leather belt.

7. The boy was afraid to take a bath in his father's home because of fear of molestation. He took a beating rather than take a bath.

8. The father was known to have "intermittent explosive disorder" and was also known not to be taking medication to combat the condition.

9. Cops had to be called to make the boys get in the car to go on legal visitation with their dad.

10. The father's new girlfriend hit the boys, called them names like "pigs" and "turds" and would lock the boys out of the house. The boy could not stop the girlfriend from "whipping" his little brother with a belt.

11. The boy was under the care of both a psychiatrist and a psychologist at the time of the shooting.

12. He had been given Prozac for depression.

What? What's going on here?

Four years ago, this 10 year old boy from Katy, Texas, was tried and convicted of shooting his father to death as the dad came to pick up the boy and his brother from their mother's home (the parents were divorced). He pulled a pistol out of his backpack and shot his father through the driver's seat of the SUV as the boy and his brother were being picked up for weekend visitation.

Last week, the 14th Court of Appeals reversed that conviction. The boy did not get a fair trial.

What was unfair? The appellate court found that the jury didn't get to hear evidence about how that boy thought he was defending himself and his kid brother from his dad. Part of that evidence included this 10 year old meeting with a psychologist just hours before the shooting, outcrying that he was afraid of his father, as well as this child telling a variety of authorities many times that he was scared of his dad.

According to the Appellate Court, this boy should have a new trial, where evidence that he was trying to protect his brother and himself could be a part of the jury's consideration of his guilt or innocence.

Apparently, the Houston judge doesn't care what the Appellate Court thinks is fair.

What's the judge's excuse? Why can't this child -- who suffered for 10 years with his parents, only to suffer his next four years of life in TYC -- come home for Christmas?

The trial judge wants to wait till the full Appellate Court grades the papers of its three-justice panel. Usually, appellate court decisions are rendered by panels of three justices who collectively render an opinion. If someone requests it, that panel decision can be reviewed by the entire appellate court -- and all the justices come together for a collective result.

Ridiculous. Sad. Sounds a lot like this boy just keep getting abused, doesn't it?

Free this boy!!! Perhaps the 14th Court of Appeals can do something here -- something like justice????

Sources:

Houston Chronicle
http://www.chron.com/disp/story.mpl/ap/tx/6174465.html

MSNBC
http://www.msnbc.msn.com/id/28349732/

FoxHouston (includes the 14th Court of Appeals Opinion)
http://www.myfoxhouston.com/myfox/pages/News/Detail?contentId=8052929&version=1&locale=EN-US&layoutCode=TSTY&pageId=3.2.1

DA Watch: In Odessa, Ethnicity is a Threat to Society and It's a Law and Order Love Match

2008-12-17T13:24:00.000-06:00

Quick! Someone call the Coen Brothers! I've got a pitch for them. And, it's based on FACT.

Okay, first: the Ector County District Attorney just transfered a case over to the Big Kahuna -- the Attorney General of the State of Texas -- so the Attorney General can represent the government in the penalty phase of a case that's already been tried twice.

That's just not done every day. (Feel the interest build ....)

Then, add to that the reason why: seems that the defendant, Mike Gonzales, was sentenced to death in a case where one of the government's expert witnesses actually testified to the jury (yep, it's on the record) that the guy's ethnicity was an indicator that he was a threat to society.

Ethnicity. You know, like he's ... hispanic. (Okay, we've got a villian.)

That's just not said out loud every day - and particularly, by an expert witness in sworn testimony. Oh - and this expert, Walter Quijano, isn't some zany hired gun they found in the classifieds somewhere. Oh, no no no.

Seems Walter Quijano used to be the chief psychologist for the Texas Department of Criminal Justice. That's right.

(Ironic twist: guy with surname of Quijano is swearing that ethnicity is a threat to society and apparently, offering himself of as proof of same. WHEN are the Coen Brothers calling me?????!!!)

The guy testifying that ethnicity means a danger to society (think about that) was the Big Kahuna over at the Department of Criminal Justice's psych dept. Yes, he was the Big Cheese over there. The Man with a Plan. The Chief. The Boss. The Top Dog.

And this crazzzeee guy has apparently given this same sworn testimony in around 6 other cases where men's lives were at stake (a jury has to determine that someone already convicted of murder is also a future threat to society before they can impose the death sentence).

I don't know about you, but I'm already pondering who would play this guy in the movie.

But hey! The story's not over.

Seems that over in Ector County, the first assistant D.A. (Jack McCoy's job in the original Law & Order series) is married to the lead investor (Lennie Briscoe's job, ditto) in Mr. Gonzales' case.

(Here comes the romantic sub-plot!)

So, the Ector County District Attorney, Bobby Bland (great name, let's keep it in the screenplay), asked the Attorney General's advice on Mr. Gonzales' case because he was concerned there might be some talk, since there's all this hoopla over in Collin County about a judge and a district attorney having a long term affair, all the while trying death penalty cases together. (Check out the earlier post on the Collin County Love Connection.)

According to the Houston Chronicle, the Ector County DA told them, "[t]he (attorney general) recommended that my office recuse itself from that case so there wouldn't be an affect on the case if it were to be appealed," Bland said.

Yeah, you think? (Who's gonna play this guy?)

Oh, and what's the latest on Mike Gonzales? Jury selection has been scheduled for April, and the Attorney General's office will be setting at the prosecution table.

Whew. I'm tellin ya -- I see Oscars here.

Source:

Houston Chronicle
http://www.chron.com/disp/story.mpl/ap/tx/6166357.html

Cop Watch: Austin Cops Pay Out Their Second $1 Million in 2 Months Time for Wrongful Death Shootings

2008-12-15T10:16:00.000-06:00

Be careful in Austin, boy howdy.

Last month, the Austin City Council approved a $1,000,000 settlement in the case brought by Kevin Alexander Brown's family. Seems Kevin Brown, 25, was shot as he was running from an Austin policeman already under suspicion for using excessive force.

Brown was shot dead at the scene, only two days after the press announcement that the US Department of Justice was investigating the possible use of excessive force by members of the Austin Police Department.

This month, here comes the Austin City Council approving another $1,000,000 settlement -- this one for the shooting death of 18-year-old Daniel Rocha.

Rocha was killed during a traffic stop -- shot by a cop who said she was afraid he had gotten ahold of her (or her partner's) Taser and was about to use it on them. The Taser was found 10 feet away from Rocha's body.

Oh, and one interesting point to note: 18-year-old Daniel Rocha was shot in the back.

When Can the Cops Shoot to Kill?

Police are allowed to shoot - and even kill - when they are under the reasonable belief that either they or others are in danger of imminent (and possibly fatal) harm.

With Brown, running away hardly seems like a threat of harm. Let him go and you're totally safe, right?

With Rocha, even if he had a Taser those things aren't guns - they can stop you, they are painful, but they don't kill people. Plus, no one stopped to check and make sure Rocha even had the Taser ... talk about excessive force.

Will Two Million Bucks Send a Message?

Two million bucks. In two months time. Maybe paying that much money out of city coffers will make someone train these cops to stop and think.

Meanwhile, if you're stopped by a cop in Austin -- be very, very careful.

Sources:

Austin American Statesman
http://www.statesman.com/news/content/news/stories/local/06/04/4shooting.html

Austin American Statesman
http://www.statesman.com/news/content/news/stories/local/12/12/1212rocha.html

Cop Watch: KopBusters Traps Corrupt Odessa Cops and You Can Watch on YouTube

2008-12-10T09:36:00.000-06:00

Barry Cooper used to be a cop. Now, he's a KopBuster.

Barry's big on civil liberties and he's making a living these days by exposing corruption - you can peruse his site, Never Get Busted Again, where products like the DVDs "Never Get Raided" and "Never Get Busted Again" are sold for $24.95 (they're even cheaper now, apparently Barry's got a Christmas special going on this month).

Barry Cooper and KopBusters Set Up Corrupt Odessa Cops

This Odessa story began when Barry Cooper and his company, KopBusters, were contacted by the father of Yolanda Madden, name of Raymond Madden, who was trying hard to free his daughter from prison. Seems Yolanda Madden, who hails from Odessa, Texas, had been convicted back in 2005 for possession of marijuana with intent to distribute.

Yolanda's dad reports that a key witness in her case admitted in court to planting the drugs -- didn't matter. Yolanda got convicted and was sent off to the Big House.

Seems that Raymond Madden learned of Barry Cooper and asked him to help. And, Barry Cooper and KopBusters said they'd be happy to do what they could.

What did KopBusters Do? Here's the Story, in Barry's Own Words

Barry gave the details of his operation on his website, explaining:

"KopBusters rented a house in Odessa, Texas and began growing two small Christmas trees under a grow light similar to those used for growing marijuana. When faced with a suspected marijuana grow, the police usually use illegal FLIR cameras and/or lie on the search warrant affidavit claiming they have probable cause to raid the house. Instead of conducting a proper investigation which usually leads to no probable cause, the Kops lie on the affidavit claiming a confidential informant saw the plants and/or the police could smell marijuana coming from the suspected house.

"The trap was set and less than 24 hours later, the Odessa narcotics unit raided the house only to find KopBuster's attorney waiting under a system of complex gadgetry and spy cameras that streamed online to the KopBuster's secret mobile office nearby."

Watch it Yourself

What Happens Now?

What happens now for Yolanda Madden? For the Odessa Police Department? For those cops on the video? For Barry Cooper and KopBusters?

Well, let's all watch and see.

Source:

Houston Examiner

http://www.examiner.com/x-536-Civil-Liberties-Examiner~y2008m12d6-Trap-springs-on-corrupt-cops-in-Odessa-Texas

DA Watch: Investigation Into Former Houston District Attorney Rosenthal Is Finished Without Criminal Prosecution

2008-12-08T09:41:00.000-06:00

Another Texas District Attorney has escaped prosecution.

Over in Houston, Harris County District Attorney Chuck Rosenthal resigned last February because of allegations that he had done bad things - read that, Rosenthal allegedly committed crimes while in office as the top prosecutor for the county.

Serious stuff.

However, after 8 months of snooping around, any possible indictment of Rosenthal was nixed by his successor in office (who acts as D.A. until January, when newly-elected Pat Lycos will take over as the first female district attorney in Houston's history). The scandal itself has been going on in the media for a year now, so it's a nice gift for Rosenthal here on the holidays.

What was Rosenthal alleged to have done?

He sent lots of e-mails from his official work e-mail address, and lots of people read them after they got subpoenaed in a federal civil rights case. Sure, he tried to delete them -- in fact, Rosenthal is known to have deleted 1000s of e-mails ... and that was part of the problem.

Seems the deleted e-mails were covered by that federal subpoena. It's a big no-no to delete or destroy documentation that is subject to a subpoena. Rosenthal knew that, right?

Additionally, some of these e-mails had bad, bad content. They had messages to staff members asking for help with his political campaign. Others had personal, romantic messages to Rosenthal's executive assistant. Still others were pornographic in content, and some e-mails are said to have had racist "jokes and pictures."

None of this stuff is appropriate for a county employee's work correspondence, much less that of the county district attorney. There are laws about this stuff.

Did anything happen to Rosenthal? Sure.

The federal judge found him in contempt of court for deleting e-mail messages, and he had to pay a fine of $18,000.00. And, he had to resign his office as part of a deal with the Texas Attorney General -- who agreed to drop the state's investigation if Rosenthal would just leave the building.

So, he lost his job and had to pay a fine.

Is it serious or a slap on the wrist? Slap, slap.

Rosenthal probably doesn't have any future in public office. He still has a law license and lots of experience, so he's got a future in private practice somewhere. That's good for him.

He doesn't have to face a trial or months of media play during the litigation process, it's a clean slate for him now. That's good for him, too.

Interesting, isn't it, that no grand jury was involved here when this case was dismissed for "insufficient evidence"?

That's right: the decision to close the book on the Rosenthal case was made by Ken Magidson, who's been setting at Rosenthal's old desk until Pat Lycos takes over. Just Magidson.

What did he tell the media? Here's what the Houston paper reported as a direct quote:

"After a careful and independent review of this matter, I have determined that there is insufficient evidence for prosecution," Interim District Attorney Ken Magidson said.

No grand jury. "Insufficient evidence for prosecution." You've got the e-mails. You got the evidence of the deletions. Insufficient evidence?

Hmmmm. Just something to ponder ....

Sources:

KTRK-TV
http://abclocal.go.com/ktrk/story?section=news/local&id=6534841

Houston Chronicle
http://www.chron.com/disp/story.mpl/politics/6144078.html

Media Watch: Can Casey Anthony Get a Fair Trial - Part 2: Let's Compare Jennifer Hudson's Case

2008-12-03T09:17:00.000-06:00

There's already a post here on why we should all be concerned about whether or not Casey Anthony can get a fair trial - and yes, each and every one of us should be watching this Florida media circus to see how it is impacting our rights - but let's just check in on how things are so screwy there, compared to another big media case.

American Idol and Academy-Award Winner Jennifer Hudson's Tragedy

They've just announced that Jennifer Hudson's brother-in-law has been charged with three counts of first degree murder -- and one of those murders, of course, involves the death of Jennifer Hudson's seven-year-old nephew, Julian King.

Case Against William Balfour For Killing a Child (and two others)

That's it. No nightly media recaps since the October 24th shootings. No release of video interviews of friends or family. No "document dumps."

We've seen the police scour the surrounding area, heard that they found a gun, and there's been a couple of interviews with neighbors, and that infamous call-in interview with the defendant's mother on Nancy Grace.

And, remember, this child's death had the additional media play of having a direct family connection to American Idol finalist, and Academy-Award winning star of Dreamgirls, Jennifer Hudson to give it legs.

Case Against Casey Anthony For Killing a Child

Meanwhile, in the Casey Anthony case - where there is absolutely no celebrity connection, we've got dozens of video interviews to review online. There's even audio transcripts of the questioning of the defendant if you want to hear them. And, "document dumps" have become routine -- so much so, that it feels like someone's behind schedule if there isn't a new release of the state's investigative files after about a month or so.

The amount of documents - which will be used by the State of Florida as they try Casey Anthony for the murder of her 2 year old daughter Caylee Anthony - is huge. It's in the thousands now: 700 pages were released within the past two weeks. (There were also large dumps in August and September.)

Motion for a Gag Order is Made ... by the State

Here's a clue that there may be a concern about the ability to set an unbiased jury in this case. Usually, the defense files a motion to silence things. In the Casey Anthony case, which is set for trial in early January, it's the State that wants to stop the hoopla. (Judge didn't agree with their arguments, and denied the request.)

Media Impact On the Jury Pool

Comparing the two investigations into a child's disappearance, both ending in murder charges being filed, it is readily apparent that the Casey Anthony jury pool has been given an unbelievable amount of information -- along with all sorts of spin, opinion, and just plain junk -- from the media pundits.

Can Casey Anthony get a fair trial? That answer is becoming clearer every day.

Trying this case on the television screen (which Nancy Grace essentially did on her Thanksgiving "specials" last week) insults the judicial system and harms the defendant.

It's Our Rights That Are Being Disrespected and Trampled Upon Here

Casey Anthony remains innocent until proven guilty -- something that doesn't sell airtime and is a core right being trampled on here.

A right belonging to you and me.

Sources:

CNN.COM
http://www.cnn.com/2008/CRIME/12/02/hudson.charges/

Can Casey Anthony Get a Fair Trial - And Why We Should Care
http://dallaslawyer.blogspot.com/2008/09/crime-news-can-casey-anthony-get-fair.html

Cop Watch: Austin Police Using DNA to Track Down Burglars in Property Crimes - But What About a Backlog?

2008-12-01T05:59:00.000-06:00

It had to be. Just had to be.

Where else in Texas would they start to use DNA testing to track down burglars and other evildoers involved in property crimes, but tech-happy Austin - our fair state's capital city and home of the University of Texas (as well as Michael Dell and all his compadres)?

In Austin, they're using DNA in property crime investigations now ....

Yep, they're doing it. They're taking blood and saliva samples from crime scenes that involve absolutely no murders or rapes or any bodily injury, really, and they are using that stuff to grab DNA to compare with existing databases.

And it's working. So far, they've found 10 suspects out of the 50 crime scenes they've tested. Boo-yah!

Of course, they do mention a slight backlog over at the Crime Lab. Slight.

Yet in the Same Bat City, Same Bat Day, Same Bat Channel ... there's a DNA Backlog?

Seems there's a different lab that law enforcement is using for the burglars than the one over at the Department of Public Safety there in Austin. Two nationally known crime labs in the same town cuz the City of Austin decided awhile back to build its own swanky crime lab.

And, on the very same news day that one lab is touting its use of DNA in property cases, they're reporting over at DPS that they've got a big 'ole HUGE backlog of cases over there. Big. Big. Big.

In fact, DPS doesn't expect to be caught up with all its DNA testing until 2011. That'll be after their nice new lab gets finished and they all keep working really, really hard on getting their backlog all caught up.

You gotta wonder: Williamson County DA John Bradley tells the KEXE reporter that his office expects a six month to one year delay in a case when they ask for DNA testing from the DPS offices in Austin -- while defendants sit in jail with taxpayers paying $25 - $50 per day for their upkeep (Bradley's estimate). And these are the big felony cases: murders, rapes, you get the idea.

Meanwhile, since the City of Austin built its own lab, over at the City's Field Support Services Department, they've got time to test for DNA so they can track down some kid who broke into a car, or to bust a burglar who got away with a stereo and other household goods.

You just gotta wonder here ....

Sources:

KWTX-TV
http://www.kwtx.com/home/headlines/35281449.html

KEYE-TV
http://www.keyetv.com/content/news/topnews/story.aspx?content_id=b84a446b-da6a-4d99-996d-7696f6a1612a

Austin American Statesman
http://www.statesman.com/news/content/news/stories/local/11/30/1130propcrime.html

Crime News: Raymondville is One Happening Place To Be - Dick Cheney, Alberto Gonzales, and Pol Brennan of the IRA

2008-11-26T10:29:00.000-06:00

Raymondville - who knew this small Texas town would be making such a name for itself these days? You'd think the berg had its own publicist ....

What's up?

Well, first -- that's the place for the ongoing Juan Angel Guerra story (see the post below for more on Operation Goliath). On Monday, there's gonna be a hearing down there on whether or not Judge Banales should be recused from the local criminal case, where felony indictments were filed against Vice President Dick Cheney and former U.S. Attorney Alberto Gonzales and others.

Hearing to Recuse Judge Banales in the Dick Cheney Felony Case

Seems the Texas Supreme Court has instructed San Antonio Judge Michael Peden to mosy on down to the Rio Grande Valley and preside over Monday's hearing. Should be a media frenzy, and great news for the little town's local economy. Try the carnitas, guys.

Notorious IRA Escapee Pol Brennan Awaits Extradiction Ruling in Willacy County Jail

And, it justs better ... there's also international happening down there in Raymondville as a hearing was going on for a good part of November, about whether or not to extradite Pol Brennan, a former member of the Irish Republican Army (IRA), who was convicted for his IRA activities and sentenced to jail in Belfast, Ireland.

Brennan was sentenced to 16 years imprisonment for possession of explosives, and he was part of the infamous escape from the maximum security Maze prison back in 1983 (along with around 30 other blokes).

Seems that after Brennan's escape, he lived on the run here in the US for many years (25, to be exact). He made San Francisco his home, built a career as a master carpenter, got married, even bought a gun under an assumed name.

But the jig was up back in January, when old Pol was pulled over in South Texas as he and his wife were driving to visit his mother-in-law down in South Padre Island. He didn't have good papers, and he ended up busted and sitting in the Willacy County Jail -- where he's still sitting today, awaiting the ruling on whether or not he's going to be booted back to Ireland.

And, you think the Dick Cheney case is big ... well, over the waters the Pol Brennan case is making all the papers. There are organizations raising money for his defense fund, papers in all parts of Europe are covering his story, and he's even got a web site (where he complains about the jailhouse food, among other things).

Raymondville.

Who would have thunk it?

Sources:

Brownsville Herald
http://www.brownsvilleherald.com/news/willacy_92126___article.html/county_dec.html

Associated Press
http://ap.google.com/article/ALeqM5jQCZ1qkFyZWoqP9ZvQpAbztkt_-wD94C93HO0

Irish Abroad
http://www.irishabroad.com/news/irish-voice/news/Articles/pol-brennan-deportation191108.aspx

Belfast Telegraph
http://www.belfasttelegraph.co.uk/news/local-national/exprisoner-tells-of-maze-escape-14063963.html

DA Watch: Juan Angel Guerra, Take 2 - Cheney Indictment, Texas Supreme Court Joins the Party

2008-11-24T11:31:00.000-06:00

Well, Juan Angel Guerra certainly isn't going quietly into that good night ....

In my last post, we all felt bad for ol' Juan Angel, because it sure seemed ... well, ... ahem ... suspicious that he was indicted on three felony charges, only to have them all dismissed as being totally without merit AFTER he'd lost the March primary - forcing him out of a DA position he'd held for 3 prior terms.

Juan Angel Guerra said it was fishy at the time the indictments were zapped. But what could he do? He was out of the ballgame, public office was now a part of his past like it or not.

Surprise, Surprise -- Juan Angel Guerra's Using His Last Few Weeks as Willacy County DA to Take On Some Big Kahunas - Like Vice President Dick Chaney and former U.S. Attorney General Alberto Gonzales

Juan Angel's name had barely faded from the front page of the Brownsville Herald on the election - indictment scandal, when there he was again.

Juan Angel Guerra is now in the national media spotlight for having the guts (and you have to give him that, regardless) of taking on the Vice President of the United States, the former top Trial Lawyer for the country, and some other Pretty Big Players.

Yep, that D.A., from that little-known little county in south Texas, is getting lots of word count in papers like USA Today because he's gone from a local political skimish to a big, big national battle.

Why? Guerra believes these guys are responsible for abuses suffered by prisoners at private run-for-profit detention centers in his part of Texas -- where one prisoner has died from injuries he sustained. And he wants them held accountable.

Juan Angel Guerra is mad. And He's Getting Madder and Madder.

Apparently, this isn't Juan Angel Guerra's first rodeo. He has made a career out of going up against public corruption and he's been particularly zealous about investigating the privately run federal detention centers in his area.

Guerra already won a fight in 2005, when he got three guilty pleas to bribery charges from some corrupt county commissioners -- based upon contracts to build and run the prisons.

Guerra Called His Investigation "Operation Goliath" and He was Code-named "David"

After that, Guerra continued investigating but he kept things close to his vest. He called his investigation "Operation Goliath" (he was "David") and everything was handled on a need-to-know basis. Lots of evidence was kept locked up at his house, because he didn't trust the courthouse enough to keep it there.

Juan Angel Guerra obviously believes that there have been serious wrongs done at these for-profit prisons, that prisoners have suffered, and he's staked his professional reputation as well as his personal life on righting that wrong.

This guy knew before he filed a single piece of paper that his enemies were going to laugh at him, that some were going to question his sanity and others would impune his motives.

Doesn't look like Juan Angel Guerra cares much about that.

What Guerra Is Charging -- Prisoner Abuse, Prisoner Death, Cover Up

Guerra's investigation has culminated in the following indictments being issued by the grand jury (to read the full indictments, click HERE). Half of them involve charges against those who tried to stop Guerra's investigation, and the other half deal directly with alleged prisoner abuse at run-for-a-profit prisons in Willacy County:

2008-CR-0126-A
State Senator Eddie Lucio, Jr.
Acceptance of Honararium (illegally taking money related to prison consulting fees)

2008-CR-0127-A
GEO Group, Inc., Et al.
Murder and Manslaughter (murder of a prisoner at the detention center)

2008-CR-0128-A
Richard B. Cheney and Alberto Gonzales
Engaging in Organized Criminal Activity

2008-CR-0129-A (incomplete)
Migdalia Lopez
Abuse of Official Capacity
Official Oppression

2008-CR-0130-A
Janet Leal
Abuse of Official Capacity
Official Oppression

2008-CR-0131-A
Mervyn Mosbacker, Jr.
Abuse of Official Capacity
Official Oppression

2008-CR-0132-A
Gustavo Garza
Abuse of Official Capacity
Official Oppression

2008-CR-0133-A
Gilbert Lozano
Abuse of Official Capacity
Official Oppression

The Willacy Courthouse Drama of Last Week -- Judge Banales Tosses It to Austin

Last week, the big guns rode into town (in this case, Raymondville), and tried to toss their weight around and get the indictments dismissed. They're just silly, they said.

Juan Angel stood strong. He pitched a fit on Wednesday that they were trying to argue a motion at a time when their requests should not properly be heard. Guerra won.

The big guns came back on Friday. Again, they argued that the indictments should be dismissed. They're just silly, they said.

Juan Angel got really mad then. He started yelling and pounding his fist (go read the media accounts, this isn't exaggeration here) and looking to things like procedure, again. The required notice for such a hearing had not been met.

Judge Banales -- the same judge that tossed Guerra's indictment aside earlier this month -- sent the whole kit-and-kaboodle up to the Texas Supreme Court.

Fight Goes to the Texas Supreme Court

So, today, the fight has moved to Austin. Juan Angel Guerra's already on the battlefront, he's filed an affidavit with the high court - and you can read it if you want to do so.

Here's Juan Angel Guerra's affidavit to the Supreme Court:
http://www.valleycentral.com/files/GuerraSupremeCourt.pdf

Sure, there are some who will argue his affidavit has some procedural problems of its own -- but he may have a good point about that hearing notice requirement stuff. Heck, the calendar alone should help prove that point.

Is Juan Angel Guerra Crazy?

You know lots of people are going to call this guy crazy. Nuts. Lost it. Wacko.

Some are going to think he's crazy because he's not spending his time finalizing his lucrative private-sector gig for when he leaves office in less than six weeks.

Some are going to call him nuts because he is a small town DA in the backwaters of Texas, and he's trying to take on Dick Cheney for crimminey's sake. That's nuts!

Some are going to be all academic (like Dean Treece) and argue that Guerra's got no constitutional footing here: he's a state guy going after federal folk, and ones with immunity to boot. Zany.

And, some -- hopefully some -- will stop long enough to ponder what Guerra's arguing about.

Juan Angel Guerra is arguing about prisoners being hurt and sometimes killed in prisons that are being run by private companies for a profit.

Prisoners are being hurt and dying -- and maybe the craziest thing of all is that a Prosecutor, a District Attorney -- is risking all he's got to try and stop this.

It's a nice change to the DA Watch stories on this blog, by a long shot. Usually, they're lying about witnesses or hiding evidence or being so ready to convict that innocent men are spending their lives behind bars while guilty men go free.

If Willacy County District Attorney Juan Angel Guerra's crazy, then maybe it's the kinda crazy we need.

Sources:

USA Today
http://www.usatoday.com/news/washington/2008-11-21-cheney-indictment_N.htm

Brownsville Herald
http://www.brownsvilleherald.com/news/high_92030___article.html/officials_profile.html

KGBT-TV 4 (Rio Grande Valley)
http://www.valleycentral.com/news/news_story.aspx?id=225769

DA Watch: In Dallas, You Can't Fall in Love While Out on Bail

2008-11-19T09:30:00.000-06:00

Clay Chabot -- doesn't that name sound like something from a daytime soap opera, or a Harlequin romance novel?

Wasn't Clay Chabot one of Erica Kane's husbands on All My Children back in the 1980s?

Um, no.

Clay Chabot is a real man though his story is reading somewhat like a melodrama. It seems that the Dallas County District Attorney's office is seeking to revoke Clay's bond and send him back to jail because they argue he's violated the terms of his release. The revocation hearing was yesterday.

What did Clay Chabot do that was so very bad?

He fell in love with one of his live-in chaparones while living under house arrest in his Cedar Hill home. Who's the lucky lady? She's his sister-in-law's daughter. And, of course, Clay has a MySpace page where the happy couple published photos of their wedding ceremony.

Oh fine, so there's a question of no marriage license even though she's going by "Mrs. Chabot" these days. And, yes, she's 37 and he's 49.

But it's love - the stuff that dreams are made of.

Love as the Basis for Bond Revocation

Meanwhile, the prosecution is ticked off about this marriage. They are moving for bond revocation because, they argue, a sexual relationship may violate the terms of his release.

First Assistant District Attorney Terri Moore actually argued at the hearing yesterday that she "didn't believe that the court intended for Mr. Chabot to be permitted a live-in girlfriend, wife, or spouse while out on bond." (Quoting the Dallas Morning News, who reported events from Tuesday's revocation hearing.) According to Moore, "[w]e give him an inch, and he takes a mile."

Chabot Already Victim of False Testimony That Resulted in Murder Conviction

Now, here's where the story goes from silly to serious. Clay Chabot was out on bond because the Texas Court of Criminal Appeals is hearing his motion for a new trial -- because it's been discovered that Chabot was convicted of murder based upon the lies of his brother-in-law. Seems DNA testing has revealed that the brother-in-law actually raped the murder victim.

The District Attorney is claiming that they are going to retry Chabot when his motion is granted, because they still think he's guilty of the crime. Now they're arguing that Chabot and his lying brother-in-law are both guilty of the murder.

Chabot Did Stop at a CellPhone Store on the Way to the Doctor

Perhaps the only real argument they've got here is that Clay did stop at a cellphone store on the way to the V.A. for medical treatment (he's allow to leave his house for doctor visits). However, it wasn't off the beaten path: it was a store on the route from Cedar Hill to the V.A. Hospital -- and please: he wasn't stopping off to gamble, buy booze, or get porno -- he stopped with his sister-in-law at a phone store.

For this, Chabot should go back behind bars after he was wrongfully convicted of murder? Maybe the DA knew this wouldn't be a big enough argument - so she added on this horrible event: Chabot married the woman he loves.

The audacity of it all.

Love Shouldn't Be Penalized

In prisons everyday, there are couples who wed without even the hope of building a life together. It's the story of legend how many penpal relationships have evolved in marriages behind bars. Heck, About.Com has an how-to article online, "How to Marry a Prisoner."

Surely if Texas Cadet Murderer Diane Zamora and Night Stalker Richard Ramirez can marry while in prison for life, then Clay Chabot can get hitched while on house arrest while his wrongful conviction is being ironed out.

Perhaps Clay's sister sums it up best: "He may have fallen in love, but he didn't do anything wrong."

Source:

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/localnews/crime/stories/111808dnmetchabot.1c592accf.html

DA WATCH: Dallas Prosecutor Hid Evidence in 1996 and Only Now are Defendant's Rights Being Respected

2008-11-17T10:14:00.000-06:00

Today is a very big day for Antrone Lynelle Johnson -- because today, Mr. Johnson may regain his freedom after serving 12 years of what would have been a life sentence. Antrone Johnson is just 31 years old.

Today is also a very big day for Dallas County prosecutors because once again they are facing charges of prosecutorial misconduct. And this time, it's not about DNA evidence -- it's about withholding evidence that would have helped Mr. Johnson's case.

The District Attorney Hid Evidence That Would Help Johnson's Defense

That's right: a Dallas County district attorney had evidence that tended to exonerate Antrone Johnson back in 1996, and they didn't turn it over to the defense. That D.A. doesn't work for the Dallas County District Attorney's office anymore, and hasn't responded to media queries. (Fancy that.)

It's Been a Recognized Constitutional Violation Since 1963

When a prosecutor does this -- intentionally or accidentally withholds exculpatory evidence -- it's a violation of the defendant's constitutional rights, according to the U.S. Supreme Court. That defendant's conviction must be overturned.

Sadly, these errors have become such a commonplace event across this country that everyone just refers to the situation as a "Brady violation" (named after U.S. v. Brady, the 1963 case where the high court ruled this was a constitutional violation).

What Did the DA Hide, and What Were Johnson's Accused Crimes: the Backstory

Back in the 1990s, Mr. Johnson faced two cases of sexual assault before he turned 18 years old. Here's what the prosecutor didn't turn over to the defense:

1. In one case, the girl told the prosecutor that Mr. Johnson did not rape her.

2. In the other case, the girl gave conflicting statements about whether she had sex with him.

What about DNA testing?

No DNA testing was done (in either matter). That's right: zip DNA testing in two rape cases.

The Girls' Statements Were Kept From the Defense From 1996 to 2008

All this remained on the QT for what's going on 20 years, until earlier this year when Mr. Johnson and his defense attorneys were informed about these two statements of the girls.

Mr. Johnson's defense counsel promptly filed the proper motions for his convictions to be overturned as Brady violations. He should be free, they argue -- and based upon what the girls said, he should never have spent one night in prison for these crimes.

DA's Office Now Agrees With the Defense that Johnson Should Go Free

Now, the Dallas County District Attorney's office (throught Mike Ware, the head of its Conviction Integrity Unit), has filed a document with the court that states the DA's office agrees that Mr. Johnson's life sentence conviction should be overturned.

Meanwhile, Johnson's Already Finished One Sentence and He's Spent A Decade of His Young Life Behind Bars

Mr. Johnson went from being a high school student to being an incarcerated felon serving a life sentence, until hopefully today. And that's just on the first convction. As for the convition on the second sexual assault charge, Mr. Johnson has already served that five-year sentence.

What Happens to the Attorney Who Hid the Evidence? Is the State Bar Going to Do Anything?

The prosecutor who knew about this evidence that would clear him -- and she knew, it was no accident, her own handwritten notes show this -- has not had her identity revealed by the media or the Dallas County District Attorney's Office, and probably faces little if any consequences for her actions.

That's right - it's not very likely that the State Bar of Texas will seek to disbar her (though many are arguing that she should have her law license taken from her because of this bad act).

This, while the Bar has filed its own grievance against an Austin solo criminal defense attorney for his allegedly offensive conduct in a county court at law DUI proceeding.

Comparing The Bar's Disciplinary Actions: Adam Reposa vs. this case's Mystery Prosecutor -- If You Go Against Reposa, Surely You Go Against This DA

If the State Bar of Texas is going to sua sponte institute disciplinary action against this Austin solo, then surely they should have the chutzpah to file an action against Mr. Johnson's prosecutor, who blatantly let a young man go to jail for life when she knew better.

Even the Bar must see that when Austin solo Adam Reposa allegedly "...began whispering in Williams' ear and made a masturbatory gesture when the prosecutor said something about the continued whisperings .... " (quoting the Texas Lawyer) his purported actions are far less offensive to Texas courts and American justice than those of former Dallas prosecutor Madame X, who intentionally let an innocent teen go to jail for life.

Meanwhile, maybe Mr. Johnson's attorneys can think of a civil action to file ....

Sources:

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-evidencewithheld_17met.ART.State.Edition2.4a2ecd3.html

Grits for Breakfast
http://gritsforbreakfast.blogspot.com/2008/11/brady-violation-may-lead-to-next-dallas.html

Law.Com/Texas Lawyer
http://www.law.com/jsp/article.jsp?id=1202426058142&pos=ataglance

Court Opinions: Melendez-Diaz Oral Arguments and the Need to Confront Forensic Scientists on the Stand

2008-11-12T06:13:00.000-06:00

You've seen CSI.

Yes, you have -- whether you've watched Gil Grissom in the original CSI: Crime Scene Investigation, or Horatio Caine in CSI - Miami or Mac Taylor in CSI:NY (which I can never take too seriously, because everytime I see that guy's face, I hear "Lt. Dannnnnn" in Forrest Gump's drawl).

Well, in whatever version of CSI you're talking about, these guys are busy being lab rats one minute, and cops with guns the next. Maybe Miami does it more than Vegas, but it rings true for all three.

Forensic Scientist - Cops

As well it should -- in real life, the forensic science pros in law enforcement think of themselves just as much as police officers as they do science gurus. They just don't have the same cool lighting effects in the labs or the same tight low-cut shirts as their TV counterparts.

Confronting the Forensic Reports Is A Big Defense Problem

Which has been a big problem in the courtroom, because there has been a big brouhaha over whether or not criminal defense attorneys have the right to confront these forensic guys (and gals) over their reports and such -- on the witness stand, in front of the jury.

After all, a criminal defendant has the right to confront his (or her) accusers under the U.S. Constitution. Why can't they confront these science folk on the neutrality and objectivity of their lab findings?

Prosecutors, of course, want to introduce forensic reports as if they are the Holy Grail, never to be questioned by anyone -- after all, science is science right? District attorneys argue that criminal defense attorneys are just trying to manipulate things when they want to bring the forensic scientist into the courtroom: the lab results say what they say, they give routine results, and having some white-coat witness take the stand is just an attorney playing games.

Defense attorneys, meanwhile, believe that not only are these forensic professionals merely human, and therefore subject to making mistakes, but these pros see themselves as law enforcement -- and are far from impartial in their work. They're not independent third parties from some faraway laboratory, wearing monocles and speaking with a slight European accent.

Things May Be Changing: the pending case of Melendez-Diaz v. Massachusetts

The US Supreme Court has just heard oral arguments in the case of Melendez-Diaz v. Massachusetts. Looks like they'll be deciding really soon whether or not forensic experts should be subject to confrontation by the defense.

What does this mean to you and me?

Seems that the High Court is considering the possibility that a forensic expert who has a paycheck signed by the same kahunas that sign the beat cop's paycheck might have a bias or be subject to err on the side of the prosecution. And if that's true, then the defense attorney should be able to cross-examine that forensic expert on the witness stand. That's the right thing to do.

Looks like the Supremes watch a bit of CSI, too, doesn't it?

Sources:

New York Times
http://www.nytimes.com/2008/11/11/washington/11scotus.html?_r=1&oref=slogin

Brief for Petitioner:
http://www.nytimes.com/2008/11/11/washington/11scotus.html?_r=1&oref=slogin

Brief for Respondent:
http://www.abanet.org/publiced/preview/briefs/pdfs/07-08/07-591_RespondentAmCu35StatesDC.pdf

For more discussion on Melendez-Diaz v. Massachusetts, check out:

Grits for Breakfast
http://gritsforbreakfast.blogspot.com/2008/11/pragmatism-vs-confrontation-frames.html

SCOTUSBlog
http://www.scotusblog.com/wp/argument-preview-melendez-diaz-v-massachusetts/

DA Watch: Judge Dismisses Felony Corruption Charges Against DA Juan Angel Guerra

2008-11-10T07:42:00.000-06:00

You gotta wonder.

Once Upon A Time, Juan Angel Guerra Was Just Planning a Re-Election Campaign ...

Almost two years ago, Willacy County District Attorney Juan Angel Guerra was planning his re-election campaign, after serving his region in South Texas for three straight terms. Guerra was gearing up for a run to serve another term in office - he would be voted the top prosecutor of the area for the fourth straight election.

Next, DA Guerra was Indicted on Three Separate Felony Indictments ....

Then, about 18 months ago, Guerra was indicted for allegedly doing some very bad things. In fact, there were three separate indictments:

First, it was alleged that DA Guerra commited theft when he demanded that a bail bonds company fork over $10,000 or he'd put them out of business.

Second, the DA was indicted for allegedly tampering with government records, perjury, or abuse of office because Guerra purportedly lied under oath when he claimed the bail bonds company was over its limit.

Third, Guerra was indicted for allegedly stealing over $200,000 in public funds by using county equipment and personnel for his own personal use.

Then, The Special Prosecutor Is Held to Be Improperly Appointed ....

Gus Garza was the man appointed to be Special Prosecutor of the Guerra case. DA Guerra challenged Garza's appointment, and in May 2008, the 13th Court of Appeals agreed with Guerra -- Gus Garza was improperly appointed to serve in this role. Ron Barroso replaced Garza.

And, State District Judge Manuel Banales Dismisses All Three Indictments.

In October 2008, the new Special Prosecutor Ron Barroso files a motion that the indictments against DA Guerra be dismissed, and Judge Banales grants the motion.

Why? Ron Barroso found NO EVIDENCE to support the three felony corruption charges that had been leveled against DA Juan Angel Guerra.

That's right: NO EVIDENCE.

But This is Only After Guerra's Lost the March Primary and His Re-Election Bid.

So, DA Guerra should be very happy, right? Well, no.

Seems that DA Juan Angel Guerra was beaten in the March 2008 Primary, when all this felony indictment stuff was being thrown around in the media -- and after serving three terms in office, this experienced prosecutor was beaten even before the November election day.

His reputation will forever be tainted, too - because lots of people are just going to remember that he was accused of being a thief and misusing his office, and they'll assume where there is smoke there is fire ... regardless of the fact that he's been cleared of any wrongdoing here.

Did Politics Go So Far As To Indict An Incumbent to Drive Him Out of Office?

Some might wonder if there were some closed-door shenanigans here. And, they would include Juan Angel Guerra - who has been quoted by the media as stating he believes the indictments came down to keep him from being re-elected.

Well, Juan Angel -- it kinda looks that way, doesn't it?

Postscript

By the way, on those three charges: Juan Angel had explained that he was using the $200,000 in county equipment and personnel as part of his job to offer free legal services to those in need; and he had legitimately demanded $10,000 from the bail bonding company to pay lawsuit judgments filed against the company, because it couldn't cover its bonds after the criminal defendants failed to show.

Source:

Associated Press
http://ap.google.com/article/ALeqM5hq7wvItWMIO8lWA-2tQGEOUkHlYQD94ATK200

Crime News: Jose Baez Has A Tough Job as Defense Attorney for Casey Anthony

2008-11-05T09:03:00.000-06:00

If you read People magazine at all, or watch CNN's Nancy Grace any day of the week, then you're aware of the "tot mom" case: young mother Casey Anthony has been charged with killing her 3-year-old daughter, Caylee Anthony, sometime this summer.

No body has been recovered, and the Anthony family maintains that the little girl is alive and well, having been taken by evildoers.

Heavy Media Coverage Turns to Jose Baez's Relationship with His Client

Media coverage has been heavy in this case; I've already posted about fair trial and due process concerns given the heavy media play (see 09/15/08).

On the web, the Websleuths site has dedicated an entire forum with numerous, active threads specifically dealing with the Caylee Anthony disappearance. The Websleuth forums have heavy traffic 24/7.

During the past week, however, the piercing eye of the press has turned away from Casey, the formal investigation, and the manned searches for Caylee's remains to Casey's defense attorney, Jose Baez. Web chatter has followed close behind.

It seems that Jose Baez hugged his client during two separate jailhouse visits, and jail officials have asked him to refrain.

There were early reports that the Florida Bar Association was investigating Jose's activity for purposes of formal disciplinary action - but the FBA has nixed those reports as untrue.

There have been many unsavory suggestions that Jose and his client have entered into a personal relationship - again, without factual support.

The Unmitigated Gall of Hugging Your Client

A hug might have been a big deal during Victorian times, just like showing the female ankle, but in our present culture, nothing could be more innocent than a hug. Friends hug. Grandmas hug. Colleagues hug. You hug your pet, you hug your pillow, you hug your doctor when he gives you good news and you hug your pastor on Sunday after a particularly touching sermon.

Of course, jail officials will point to past precedent of contraband being passed to prisoners during apparently innocent hugs -- sometimes, yes, by attorneys -- and that this is a legitimate reason for their request to Mr. Baez.

Jose's Defending a Client Who Has Already Been Found Guilty or Crazy By Many People

Jose Baez has the job of representing a woman who, before she has reached the age of 25, faces formal charges of murdering her only child - and possible execution for this crime, if convicted - as well as charges of assorted felony thefts that carry enough jail time that she'll be lucky to get out of jail before she is eligible for an AARP card.

Public opinion has pronounced her guilty, she's been labeled a monster by the masses and armchair psychologists have been busy diagnosing Jose's client as a sociopath, a psychopath, or someone suffering from Antisocial Personality Disorder, Histronic Personality Disorder, or Borderline Personality Disorder.

Jose's Defending a Client Who Hasn't Told the Truth and Has No Support System

In addition to the public arena, Jose has the job of defending a client who hasn't told the truth to authorities regarding the circumstances surrounding her daughter's disappearance (that's all in the recorded interviews and transcripts) and who has lost apparently all her friends, who assumedly feel betrayed by her lies to them. It's one of her former close friends, for example, that pressed the felony theft charges.

Jose's client has not had a visit from family or friends since she was returned to jail, based upon the murder indictment. According to media reports, Jose Baez is Casey Anthony's only visitor.

A Criminal Defense Attorney's Relationship with His Client

It's not the job of a criminal defense attorney to judge his client's guilt or innocence: that's the job of the factfinder, be it judge or jury. Doing so -- making the call on whether or not your client did the deed -- can sometimes hamper your work, in fact.

It is the job of a criminal defense attorney to make sure that a client's rights are protected, and that the prosecution truly proves its case beyond a reasonable doubt.

Defending the accused is an honorable and vital role in our criminal defense system. If you or a loved one are accused of committing a crime, you will want your attorney to defend you, not to judge you.

The Relationship Between Attorney and Client

Representing someone who has had their freedom taken away from them is a heady matter. It's a tremendous responsiblity to defend someone sitting in jail, much less someone facing a death sentence.

You need not be your client's friend in order to feel compassion and empathy with their plight -- and if you hug your client, it doesn't mean you are sleeping with her.

Representing Casey Anthony would be a tough job for the most experienced of criminal defense attorneys, much less one with the years of experience that Jose Baez has. This media exposure places him in the most glaring of lights -- every decision he makes is second-guessed (and often ridiculed) by media talking heads. Still, many of Jose's motions to the court have been granted, and he seems to be holding up well under all the pressure.

Make no mistake -- not only is Casey Anthony's life on the line here, so is Jose Baez's professional reputation. And Jose knows it.

The Paradine Case

Of course, it makes a better story the other way around ... and if you're interested in the plot of a criminal defense attorney falling in love with his client, check out Gregory Peck in Alfred Hitchcock's The Paradine Case. (And, yes - of course the client was guilty of poisoning her husband in the movie, would it be a Hitchcock movie otherwise?)

DA Watch: Legislator Promises Action to Fight Against DA's Wrongful Convictions

2008-11-03T09:04:00.000-06:00

Well, it's good to know that someone's paying attention to the Dallas Morning News scoop on known wrongful convictions of innocent men and women by the DA here in Dallas besides a blogger or two (see this blog's October 13, 2008 post)....

State Senator Rodney Ellis Has A Plan for Laws to Fix the Eyewitness Identification Problem

State Senator Rodney Ellis (who represents District 13, covering parts of Harris and Fort Bend counties) actually wrote a column in the Dallas Morning News last month, where he promised to:

1. introduce legislation in 2009 to reduce the likelihood of an innocent person being convicted in the future with laws requiring that eyewitness identification procedures be based in science and implemented by trained law enforcement personnel;

2. introduce legislation in 2009 to pass a law that will require videotaping of custodial interrogations, arguing that this will not only stop false confessions but also false claims of police brutality as well as disclosing any deals made with informants for their testimony; and

3. introduce legislation to create an Integrity Commission within the Texas Legislature, if the Texas Criminal Justice Integrity Unit created within the Texas Judiciary (i.e., formed by Justice Barbara Hervey of the Texas Court of Criminal Appeals) doesn't hit the ball out of the park in reform aimed at preventing the conviction of innocent people in this state.

What About Ellis' Proposals?

Rodney Ellis is known for advocating criminal justice reform, and he's been one of the first appointees to Justice Hervey's Integrity Unit. He's not new to the scene here, trying to grab a headline or two: this isn't Ellis's first rodeo.

And, writing a short column for the Dallas paper might not be the proper place for details on how Ellis intends to implement his ideas.

Nevertheless, an argument can be made that we already have trained law enforcement personnel that are supposed to use scientific techniques (proper lineups, not show-ups) and it's just not happening when zealots are anxious for a quick conviction.

Academics have shown that eyewitness testimony has historically resulted in more wrongful convictions than all other causes, combined (See source link, below). Good luck to Senator Ellis on finding the cure.

As for the videotaping of custodial interrogations? You don't have to watch many episodes of Law & Order to figure out that taping the formal interrogation isn't going to stop police brutality and false confessions. It's just going to move the bad stuff down the hall.

Sources:

"Rodney Ellis: Lowering odds that innocents end up in prison," Dallas Morning News, October 21, 2008
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/viewpoints/stories/DN-ellis_22edi.State.Edition1.26faf47.html

Eyewitness Identification Procedures: Recommendations for Lineups and Photospreads, Law & Human Behavior Vol. 22, No. 6 (1998)
http://www.psychology.iastate.edu/faculty/gwells/whitepaperpdf.pdf

For More Information:

DA Watch: Dallas County Prosecutors Routinely Convicted Innocent Men Using Eyewitness Testimony Known to Be Faulty
http://dallaslawyer.blogspot.com/2008/10/da-watch-dallas-county-prosecutors.html

JUDGE WATCH: Austin Judge Thinks His Power Includes Ordering Woman Not to Get Pregnant

2008-10-29T10:56:00.000-05:00

Here in Texas, even a state district judge can be a man with a hat and no cattle ....

Last month, Travis County Judge Charlie Baird faced off against 20-year-old Felicia Salazar, who admitted to the court that she had failed to properly protect her 19-month-old daughter from the child's father - who had beat the baby, breaking bones and causing other injuries.

Felicia and the baby daddy both had their parental rights to the child terminated, and the little girl was placed in foster care. Meanwhile, the father was sentenced to 15 years in prison.

When it came time for Felicia Salazar to face the music, she stood before Judge Baird with no prior criminal history and an acknowledgement that she'd failed her daughter -- and with her defense attorney, she'd entered into a plea bargain with prosecutors, where she would get 10 years probation. It was time for the Judge to impose conditions upon that probation, and usually judges require things like community service and mental health treatment.

Judge Baird did impose standard conditions to Felicia's probation: she has to perform 100 hours of community service, and she's got to undergo a mental health assessment. But Judge Baird went one further: he ordered Felicia NOT TO HAVE CHILDREN FOR THE NEXT TEN YEARS.

Can a judge really order a woman not to have a child? Really???

Nope. Of course, the Judge thinks so. He's told the media that it's a reasonable condition of her probation. And, there are those who would argue that it's all too often that parents who have had parental rights terminated just repeat the abuse cycle when they bear new offspring. They'd see this as avoiding a tragedy, and applaud Judge Baird's efforts.

They'd be wrong. This just isn't constitutional, period. A trial court judge can't tell someone that they can't have children. It's exceeding his power. Blatantly.

1. A man elected to preside over criminal proceedings doesn't have the authority to tell a 20 year old woman that she can't have a baby at any time, much less until she's 30 years old.

2. Even assuming that somehow this action could be justified, this would still be overreaching in this situation -- the woman has no prior history with criminal authorities or Child Protective Services, and she herself was not the one who committed the violent acts. I believe we can all read between the lines here: she looks to be a woman who cowered before an abusive boyfriend, and was too weak to stop him. What about getting her classes in parenting? life management? individual counseling?

3. How enforcable is this? What if she does get pregnant - is the Judge going to order that she have an abortion, in addition to revoking her probation and sending her to jail? Ridiculous.

Dangerous precedent being set here -- and in Wisconsin.

As much as this sounds like some story out of the annals of Judge Roy Bean, it appears that Felicia may be stuck with Judge Baird's ruling. Her attorney hasn't filed an appeal. Heck, Felicia may be counting her blessings that she's not behind bars, and she's happy enough right now.

If so, Felicia's challenge may come up later -- when she gets pregnant, and some probation officer tries to throw her in jail for violating a condition of her probation. Then, her lawyer will get this arrogant, unconstitutional ruling overthrown -- hopefully.

Why hopefully? Because up in Wisconsin, there sits on the books a case where a father of 10 kids got caught for not paying child support. As a condition of his probation, he was ordered not to father any more children. The Wisconsin Supreme Court upheld that decision.

Criminal Defense is all about Protecting Our Rights

Every single criminal defense attorney in this country gets questioned on almost a daily basis with a version of the same query: 'how can you represent those bad, guilty people who did horrible things to good folk?'

And, every single criminal defense attorney in this country has to remind people on almost a daily basis that those accused clients, in each and every case, are testing the strength of our judicial system -- a system of rights that serves to provide justice and freedom for each and every one of us.

The System of Rights that Protects All of Us is Weaker Today Because of this Decision

Felicia Salazar admitted to not being a good mother. Judge Baird thinks he's doing the right thing by keeping her from becoming a mother again. But, to you and to me, a constitutional right has been disrespected and weakened here and we should all be very concerned about this.

Any time the rights of any single individual are denied, one brick in that system of freedoms we all hold dear falls away.

Source:

Austin American Statesman
http://www.statesman.com/news/content/news/stories/local/09/12/0912salazar.html

Crime News: Brain Scan as Truth Test Sends Woman to Life Imprisonment

2008-10-27T11:09:00.000-05:00

Sit down for this one.

This is scary, scary stuff - even for Hallowe'en ... because what has been reported is true, not just some science fiction story or horror movie or boring lab report.

"Experiential knowledge of the crime" - an Automatic Guilt Machine

Technology now exists where some lab worker in a white coat can attach wires to your head, and then decide whether or not you have "experiential knowledge" of a crime -- as in, you really remember doing it -- and if you do, voila -- you're guilty!

That's right. Let's ponder this again: there's a gizmo that is supposed to conclusively know if you're guilty of a crime or not by monitoring your brain waves with wires.

How's this supposed to work?

Well, the guy in the white coat takes an electroencephalogram, or EEG -- in other words, he places electrodes on your head that will measure electrical waves.

You set there, silent, with your eyes shut tight. Wires on your head.

Then, white-coat guy starts reading aloud the details of the crime (and you can bet, this is a script written by the prosecutor). As he reads, and you just set there, the EEG machine is recording all your brain images.

Using this new gizmo software. the brain is said to purportedly "light up" in certain areas that store memories, lighting up when past experiences are recognized.

Oh, and sure, the gizmo software is supposed to be able to clearly, easily, and conclusively be able to determine whether or not your brain is "lighting up" because you witnessed, or saw, something happen, as opposed to whether or not you committed the act yourself.

Right.

I cannot even begin to describe the horrific affront this is to the most basic human rights, much less those constitutional rights like due process .... Heck, we know lie detectors are not accurate. We still have some problems with fingerprint analysis. And, this testing of air in the Casey Anthony case is getting lots of skeptical responses.

But, some machine can not only report that you have a memory of an event, but that you committed a crime, based upon whether or not your brain "lights up" -- this would be hilarously stupid to consider, if it weren't being taken so very seriously.

Surely this isn't being taken seriously, you ask? Wrong.

Over in India, a young woman was accused of poisoning her fiance by putting arsenic in his McDonald's meal. It's apparently understood by everyone that in India "police interrogation" is synonimous with "torture," so when the woman had the choice between the "interrogation" or undergoing this new Gizmo Guilt Test, she chose the brain scan. Who wouldn't?

She claimed she was innocent. She probably hoped science would be her friend in ways that law enforcement would not.

No such luck. The woman purportedly "failed" the brain scan, was found guilty of murder based upon the brain scan, and sentenced to life imprisonment - because of this scary, scary brain scan.

Just think what an overzealous Dallas County prosecutor could do with this thing.

Check out this YouTube video that shows the CNN report on Aditi Sharma's murder conviction and life sentence, ordered by a judge (no jury), based upon a brain scan.

For more information:

International Herald Tribune
http://www.iht.com/articles/2008/09/15/asia/15brainscan.php?page=1

Neuroscience
http://io9.com/5050009/indian-court-accepts-brain-scans-as-evidence-of-murder

Crime News: Now Informers Can Narc Anonymously by Text Message

2008-10-22T11:24:00.000-05:00

For criminal defense attorneys in Texas, it's getting closer and closer to Orwell's 1984 every day ....

Have you heard about this one? A Nacogdoches, Texas, company called Anderson Software issued a press release that victoriously announced its introduction of a new product, Tips via Text TM, which will allow anyone, anywhere to send an anonymous tip to an agency, like CrimeStoppers, and have the cops text them back, all without revealing their identity.

Informers Can Text In Their Tips Anonymously Using The New Tips via Text program

CrimeStopper programs are chomping at the bit to get this software for their communities (it assigns an encrypted alias to the tipster's call, so their real identities are not revealed).

Anderson promotes Tips via Text as a way for informers to send in their tips when its "not feasible or safe" to telephone a tip line. CrimeStoppers is particularly excited about the product, predicting it will be "particularly useful for student programs."

Doesn't anyone think about the implications here?

How does this anonymous text messaging impact the rights of you, me, and our teen aged kids -- you know, like our right to privacy and all those civil rights that we are guaranteed under the Constitution??

Ponder this situation: teenager A is mad at teenager B because A's boyfriend has left the party with B, and it's not looking like they're coming back to the soiree. What does A do?

She sends a Tips via Text and with her guaranteed anonymity, reports that the boyfriend is driving drunk. There's a prompt reply and a quick text discussion on the type of car being driven, the road they've taken, a description of the driver.

Remember, there's no human to listen to her giggle as she reports this, or to judge how inebriated she might be....

The police quickly respond and pull over boyfriend on suspicion of drunk driving. Nevermind that the cops never saw anything that would lead them to believe he might be intoxicated -- they act solely on the text-tip and when boyfriend fails the field sobriety test, he's busted.

What Happens to Due Process and Privacy and All Those Other Rights?

In this country, we're supposed to have LIBERTY and JUSTICE ... which means that the government cannot detain us, much less arrest us, without good reason. Cops shouldn't be able to pull someone over for a suspected crime unless those cops actually have their own reason to believe a crime is occurring. Period.

Police power is supposed to be exercised within carefully defined, clear-cut boundaries. This Text Tip Under an Alias messes with that ... and police power can be misused.

Think this won't happen? Think again. It's already been okayed by the California Supreme Court (police acting on anonymous tips without their own verification of a possible crime). They even have signs along the road, encouraging fellow travelers to narc on each other about possible drunk driving.

Imagine the misuse this invites. Imagine. Think of your ex-wife. Think of the disgruntled employee. Think of the cop who's tempted to text himself.

Sources:

Anderson Software
http://www.andersoft.com/default.aspx

Darren Kavinoky's NoCuffs.com
http://www.caexpungementcentral.com/articles/anonymous_tips.htm

COP WATCH: New Online Website for Those Most Wanted of Criminals, the Unpaid Traffic Tickets (But Don't Trust the Site, It Warns)

2008-10-20T10:03:00.000-05:00

Have you seen this yet?

Dallas County has actually spent the time and money to publish a website (click here to check it out) that lists (with photos!) the most notorious, heinous wanted men and women in the county who ... wait for it ... haven't paid their traffic tickets. Yes. Not kidding.

And, it gets better.

The site itself admits that the information shown may not be "current information for any legal purpose." The people may not really be wanted. The amounts shown may not be accurate. You get the idea.

And, finally -- the website itself warns that no action should be taken based upon anything shown on the site.

What You've Really Got Here

So, you've got U.S. citizens (remember those "innocent until proven guilty" folk?) with their photos posted online for anyone and their neighbor (including their mother-in-law) to see, under a bold headline in red type (RED) that says really great stuff like "MOST WANTED," along with lots of disclaimer language that says "well, maybe ... but don't trust anything you read here and above all, don't rely on it."

I could not make this stuff up.

Full Text of Vasilas Opinions - Oct 2008 Memorandum Opinion by Judge Sandoval and March 2006 Opinion of Texas Court of Criminal Appeals

2008-10-18T12:05:00.001-05:00

For those interested in reading the details in the Vasilas case, including the memorandum opinion just released by Judge Sandoval this month (finding Jim Vasilas "not guilty"), here they are (click on each link):

October 6, 2008, Memorandum Opinion of Judge Charles Sandoval, Cause No. 380-82535-03 in the 380th Judicial District Court of Collin County, styled State of Texas v. James Vasilas; and

March 22, 2006 Opinion (unanimous) of the Texas Court of Criminal Appeals, Cause No. PD-0351-05 and styled State of Texas, Appellant, v. James Vasilas, Appellee on petition for discretionary review from the Fifth Court of Appeals of Collin County

In case you'd like to read the underlying section of the Texas Penal Code, check it out here:

Texas Penal Code 37.10(a)(5)
Texas Penal Code 37.01 (Definitions)

Note the text of the following Penal Code definitions:

(1) "Court record" means a decree, judgment, order, subpoena, warrant, minutes, or other document issued by a court of:
(A) this state;
(B) another state;
(C) the United States;
(D) a foreign country recognized by an act of congress or a treaty or other international convention to which the United States is a party;
(F) any other jurisdiction, territory, or protectorate entitled to full faith and credit in this state under the United States Constitution.

(2) "Governmental record" means:
(A) anything belonging to, received by, or kept by government for information, including a court record;
(B) anything required by law to be kept by others for information of government; ....

District Judge Charles Sandoval's Memo Opinion in the Vasilas Case: Jim Vasilas Not Guilty, But the Story's Not Over

2008-10-15T12:16:00.000-05:00

Along with almost every other attorney in the State of Texas, I've been following James Vasilas' case as its traveled the appellate highways (e.g., my May 1, 2006 post). Now, Judge Charles Sandoval has issued a memorandum opinion from his bench on the 380th Judicial District Court of Collin County that should be a welcomed relief not only to Brother Vasilas, but to some degree to lawyers everywhere.

For those of you who aren't well aquainted with this case, here's a brief wrap-up:

James Vasilas is a Dallas attorney who was criminally charged with violating Texas Penal Code section 37.10(a)(5), tampering with a governmental record, which is a third degree felony carrying the possibility of 2 years in jail.

All this came about after James Vasilas represented a man charged with, and acquited of, delivery of marijuana while being convicted of a lesser charge (possession). Attorney Vasilas filed a petition for expunction of his client's criminal record. The petition stated that the delivery charged had been dropped.

Based upon that statement, the District Attorney pursued James Vasilas on the felony charge. (For civil lawyers, dropped and acquited are two different arguments to be made for expunction and technically, the petition held factual error.)

An attorney was charged with a felony because a pleading he filed in civil court allegedly contained a factual error. Imagine the ramifications and the misuse this invites.

At the get-go, the judge quashed the indictment. The DA appealled and the games began.

In Vasilas v State, 187 SW3d 486 (Tex.Crim.App.2006), the court found a petition to be a "government record" under the Texas Penal Code. Whoa.

Then, the Dallas Court of Appeals (on remand) held that Tex.R.Civ.P. 13 (the civil procedural rule against frivolous pleadings that includes the possibility of sanctions) did not override the Penal Code provision, and they set James Vasilas' case for trial.

Vasilas fought back, taking the Dallas appellate opinion up to the Texas Court of Criminal Appeals, arguing the Dallas court was wrong. Amicus curaie briefing was filed by such noteables as the TTLA and the TADC. This time, the Texas Court of Criminal Appeals found the doctrine of in pari materia does not apply, Rule 13 is a court rule adopted by the Texas Supreme Court and therefore not a statute to be construed with any section of the Penal Code.

Then comes Judge Sandoval ....

On October 6, 2008, Judge Charles Sandoval signed his memorandum opinion in the case that started it all (when he granted Vasilas' motion to quash the indictment). Judge Sandoval writes in pertinent part:

"....At any rate, it seems to me that fairness requires that the same standard for pleading should apply to civil and criminal attorneys.

"The State's attorney has governmental immunity, but the rationale for the immunity is similar to the rationale which protects the civil lawyer. These general principles with regard to pleadings have been in existence, I would assume, since before the founding of the nation. I would also assume this rationale applies to legislators' statements made in legislative chambers.

"I find that Mr. Vasilas' pleading could easily have been a mistake of law, or a mistake of fact or the result of carelessness. Accordingly, I find him not guilty. If this sort of case arises in the future, perhaps the defendant may wish to assert that he is protected by the First Amendment, the Fifth Amendment (due process), theSixth Amendment (right to counsel) and the Fourteenth Amendment (equal protection). Who knows what could happen if cert is granted?"

The Bottom Line

It's still possible for attorneys filing pleadings in civil cases to face criminal charges here in Texas. But James Vasilas has been found not guilty, and that makes this a happy day.

Congratulations, Jim.

DA Watch: Dallas County Prosecutors Routinely Convicted Innocent Men, Using Eyewitness Testimony Known to Be Faulty

2008-10-13T12:57:00.000-05:00

Let's all stop for a minute and appreciate the efforts of the Dallas Morning News -- who released a report yesterday that summarized their 8 month investigation into 19 Dallas County convictions that were later overturned as being clearly WRONG because of DNA evidence.

These reporters asked the question -- why didn't the investigation or the prosecution reveal that an innocent man was being accused?

Journalists at the Dallas Morning News looked at the complete files of these 19 cases, all overturned because DNA has revealed that an innocent man was convicted of the crime. And these were serious crimes -- rape, murder.

What they found isn't pretty.

According to their own published report, in all but ONE of these wrongful convictions, the prosecutors chose to build their case on eyewitness testimony.

This, despite the longstanding and common knowledge among prosecutors and defense attorneys alike - as well as academics and researchers - that eyewitness accounts are simply unreliable.

You just can't trust eyewitness accounts of what happened. They're rarely accurate. Everyone knows this.

Which makes what they found all the more shocking ....

From the Dallas Morning News, in part:

1. Thirteen of the 19 wrongly convicted men were black. Eight of the 13 were misidentified by victims of another race. Police investigators and prosecutors in the cases were all white, as were many of the juries of the 1980s.

2. Police officers used suggestive lineup procedures, sometimes pressured victims to pick their suspect and then cleared the case once an identification was made.

3. Prosecutors frequently went to trial with single-witness identifications and flimsy corroboration. Some tried to preserve shaky identifications by withholding evidence that pointed to other potential suspects.

4. Judges, governed by case law that has not kept pace with developments in DNA testing or research on eyewitness testimony, routinely approved even tainted pretrial identifications as long as an eyewitness expressed certainty in court.

Here's the thing:

You just don't take a man's life, or his freedom, on a case that is dependent upon eyewitness testimony for a conviction. And, yet, the Dallas County Prosecutors thought this was a fine thing to do -- and did it for years, apparently.

(They're not alone. According to the Dallas County Morning News investigation, misidentifications have been cited as a key factor in an estimated 75 percent of the 220 wrongful convictions exposed by DNA testing nationwide since 1989. Looks like prosecutors across the country would rather get another win on their resumes than avoid trying a case that doesn't have much evidence except for eyewitness testimony.)

Thank you, Dallas Morning News. Specifically, thank you DMN reporters Steve McGonigle and Jennifer Emily. Thank you.

Sources:

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/politics/local/stories/DN-DNAlineups_05pro.ART.State.Edition2.4a899db.html

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/politics/local/stories/DN-DNAdetails_05pro.ART.State.Edition1.4a87484.html

Houston Chronicle
http://www.chron.com/disp/story.mpl/ap/tx/6053228.html

New York Times
http://www.nytimes.com/2008/10/12/us/12dna.html?ref=us

Cop Watch: With Homeowners Like This Guy, Can The Cops Keep Up?

2008-10-08T12:37:00.000-05:00

Over in Fort Worth, it's a whole new ballgame. A dangerous one.

Jim Cox, Homeowner, Is Ready for Action

Jim Cox is a FortWorth homeowner who makes a living as a weapons instructor, and he's got his house all ready for crime. He's installed video cameras around the place, and even when he's at home, those cameras are rolling and he's got the lights on.

Well, seems this past Monday morning around 11, a group of guys (the cameras caught 4 of them) pulled up in a minivan to Cox's house and one guy gets out, knocks on the door, rings the bell.

Jim Cox has just taken a shower, now he's finishing up his morning nap. All the lights are on.

The cameras then film a second guy joining the guy at the door, and they're shown kicking in the front door. Jim Cox has just come into his kitchen.

The next thing that the cameras pick up? These guys are running for the hills -- Cox has pulled out his semi-automatic and he's introduced himself.

Of course, Jim Cox reports that he "knew to hold his fire, ..." but " '[i]f they had confronted me, there would have been a noise.'"

Jim Cox's Home Video Available for Review Online

Now, Cox has printed up photos from this video, and he's sharing them with the neighborhood and the media: you can see his excerpts online at the link shown below.

And the Fort Worth police? They're reported to be "investigating the incident. "

The Reality - It's Dangerous for Everyone

This is a dangerous situation for everyone -- luckily, the only violence in this story appears to be the kick leveled against the front door. This homeowner could have been seriously injured, or killed -- or he could be facing criminal charges himself, for harming someone else.

But that's where we are these days, because there are a lot of folk out there that don't believe that they can leave their safety in the hands of their local law enforcement.

Source:

CBS11TV.com
(http://cbs11tv.com/local/North.Fort.Worth.2.834961.html)

DA Watch: Tarrant County DA's Office Held Back Favorable Evidence in Death Row Case for 23 Years

2008-10-06T10:10:00.000-05:00

On Thanksgiving Day 1985, a bomb was left in a briefcase on the doorstep of a trailer in a mobile home park.

It exploded and killed three people (a 44-year-old man, his teenaged daughter, a teenaged relative) and severely wounded another (the victim's 13 year-old son).

On October 2, 2008, another bomb of sorts hit this case: the Tarrant County District Attorney's Office officially admitted that evidence favorable to the defense was intentionally held back -- and it was important stuff.

This evidence might have cleared Michael Toney -- who sat through a jury trial, was found guilty, was then sentenced to death, and who has sat on Death Row since 1999. That's 9 years on Death Row for a man who has consistently maintained his innocence of the crime.

The Evidence Against Toney

The bombing was an unsolved crime for 12 years. Then, an inmate came forward to say that Michael Toney was talking to him about this bombing -- when Toney was questioned, he said it was all a plan to help out the inmate get out of jail. He was helping his buddy, but he didn't make that bomb, or kill those people.

It's not disputed that there's no fact to connect Michael Toney to the victims. Didn't know 'em, didn't have a beef with 'em.

The only witness evidence against him was:

(1) an ex-wife (yeah, that's right) who said back then that she had seen Mike Toney with a briefcase near the mobile home park on the night of the bombing. Now, she's saying she can't remember anything because she's got memory loss from injuries sustained during her military service in the Gulf War; and

(2) his ex-best-friend, whose story has jumped more than popcorn on a hot skillet: he saw Toney at the mobile home park, no he didn't, yes, he did.... You get the idea.

I, for one, wonder about the relationship between the ex-wife and the ex-best friend -- but then, maybe I read too many Grisham novels. And that's before I even consider this mystery evidence, you'll see what I mean ....

What Was Held Back?

Back then, the Tarrant County DA saw fit to hide documents that showed inconsistencies in the stories of the ex-wife and the ex-best-friend. They just weren't provided to the defense.

There were 14 separate documents that were either exculpatory or impeaching evidence -- things that the defense attorney could have used to tear apart the stories of the ex-wife and the ex-best-friend.

What Happens Now?

Suppressing evidence violates civil rights protected by the U.S. Constitution. Mr. Toney has an argument that his federally protected civil rights involving due process have been violated.

Meanwhile, last Thursday, an "Agreed Proposed Findings of Fact," was filed before the same district court judge that presided over Torey's first trial. In this document (filed jointly by the DA's office and Torey's attorney), the Tarrant County District Attorney's Office admits its error, and a motion for a new trial has been set for hearing.

Torey could face a new trial. He could also have his conviction reversed by the Texas Court of Criminal Appeals, the highest court in the State of Texas dealing with criminal matters.

What About that 1985 DA who held back the evidence?

That DA, Mike Parrish, has since retired and he's not talking to the press.

What about that inmate-buddy who started this whole wagon train?

Dunno. I'm wondering how much he knew about this long ago Thanksgiving Day bombing ....

Source:

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-toney_03met.ART0.State.Edition1.274a805.html

JUDGE WATCH: Galveston Federal Judge Sam Kent Indicted For Sex Crimes

2008-10-01T07:49:00.000-05:00

Hurricane Ike isn't the worst of problems for Sam Kent, who presides as judge over the Federal District Court over in Galveston. Ike's actually been a big help to Judge Kent.

Judge Kent has been indicted (formally charged) with three crimes: (1) two counts of abusive sexual contact and (2) one count of attempted aggravated sexual abuse. His trial was initially set for the first week of November, in a Houston federal courtroom -- now that Ike's done its damage, the trial has just been moved back to January 2009.

First Federal Judge to ever be charged with federal sex crimes

Judge Kent is the first federal judge - ever - to be charged with federal sex crimes. If he is convicted, he could face life imprisonment and a fine of $250,000.00. Judge Kent is 59 years old.

What's the story? No one's denying something happened ...

Judge Kent's former case manager has said that the judge groped her, and tried to force her into a sexual act. The Department of Justice investigated, and these formal charges are the result of that investigation.

Judge Kent calls the charges “flagrant, scurrilous” (quoting the New York Times) and promises lots of witnesses will testify on his behalf. Judge Kent also told Fifth Circuit Judge Ed Prado, when he was asked to formally respond to these charges, “I plead absolutely, unequivocally not guilty and look very much forward to a trial on the merits.” (NYT)

His attorney, Dick DeGuerin, isn't denying that something happen between the judge and the employee; instead, DeGuerin has explained that what happened between them was consensual. “To charge Judge Kent of conduct of which he is absolutely innocent based on this kind of flimsy evidence is inexcusable and we will fight it to the bitter end,” DeGuerin said (quoting the Wall Street Journal).

In the meantime, the Judge is on the bench ....

Innocent until proven guilty, Judge Kent is still hearing cases from the bench.

Sources:

New York Times
http://www.nytimes.com/2008/09/04/us/04brfs-JUDGEPLEADSN_BRF.html?ref=us

Houston Chronicle
http://www.chron.com/disp/story.mpl/front/6027380.html

Wall Street Journal
http://blogs.wsj.com/law/2008/09/02/kent-not-spent-judge-to-continue-hearing-cases-pending-indictment/

DA Watch: On Second Thought, Let's Drop All the Charges

2008-09-29T11:18:00.000-05:00

This is a great story.

It all began last week, over in West Viriginia, when some poor guy got pulled over because he was driving with his headlights off.

After he was pulled over, the police suspected that this guy (let's call him "Jose" because that's his name - Jose Cruz) was driving drunk, so they had Jose do a few field sobriety tests.

Jose failed. Jose was arrested. The cops took him to jail.

At the jail, Jose was being fingerprinted (imagine how bad a day that Jose is having right about now) which is part of the standard booking process. He'd get photographed, too -- you've seen those mugshots over at TMZ.com, right? (Heather Locklear's is online today, for her DUI bust this weekend.)

Well, while Jose is getting his inky fingers smashed on the fingerprint boards, Jose let one go. You know what I mean. Jose passed gas. Jose let one rip. Jose cut the cheese. Jose broke wind.

Jose pooted or tooted, but there was absolutely no report that Jose asked the officer to pull his finger.

And then, yes folks, Jose was arrested for BATTERY because he passed gas while he was being booked. The cop that was standing there said that "the odor was very strong." You think?

I suppose that if Jose HAD asked the officer to pull his finger, then an assault charge would have been added ....

Of course, this story went all over the web that night. Drudge Report had it as one of their headlines, it was all over the blogs and forums -- you get the idea.

And, the next morning, one of the assistant prosecutors roamed into the magistrate's office and asked that the battery charge be dropped.

It was. Fancy that.

For more on this important topic:

FartsRFun
FartiFacts
FartSounds

COP WATCH: It's Good to Be a Snitch in Dallas

2008-09-24T10:28:00.000-05:00

Ladaryl Kelly sure led a charmed life -- for awhile.

Seems Kelly was best buds with a detective over at the Dallas County Sheriff's Department, a guy named Lonnie Cole. (I'm using the past tense here, because I'm doubting the friendship is as close now as it once was.)

Kelly Allegedly Protected by Cole

It was an interesting relationship. Ladaryl is purportedly a career outlaw: he's alleged to have robbed a couple of Subway sandwich shops in Irving; stolen cargo (and maybe even the 18-wheeler, too) in Waxahachie; as well as stealing a semi in a failed attempt to load up a bunch of plasmas TVs at an Ardmore, Oklahoma Best Buy.

And whenever Ladaryl's name came up -- in Oklahoma, Texas, or presumably elsewhere -- Detective Cole worked hard to keep Ladaryl out of any hassle with the authorities.

Ladaryl's alleged partners-in-crime could be busted left and right, and Ladaryl would fly away free, to chirp again on another day. Until now.

Snitch Heaven

Seems law enforcement in Waxahachie, Irving, and Ardmore, Oklahoma, have gotten togehter and compared notes - and none of them like Detective Cole's protection of Ladaryl.

There's talk of Cole stepping over the line, maybe even monkeying with investigations and hiding Ladaryl from investigators. Talk about snitch heaven.

Snitch is Busted, Detective is Investigated

Now, Detective Cole's being investigated by internal affairs and Ladaryl Kelly, identified by Cole as his long-time informant, has been indicted for his role in the Waxahachie aggravated robbery of the cargo truck.

Guess Mr. Kelly is going to be making lots of new friends now. Ratting out your pals to the cops, apparently as a routine career move, will probably make Kelly pretty darn popular in the local jail.

Source:

Dallas Morning News
(http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/082708dnmetinformant.3f5a5b9.html)

JUDGE WATCH: Judge Priddy's Law License Suspended But He's Still On the Bench

2008-09-22T09:14:00.000-05:00

Bruce Priddy is a state district court judge, presiding over civil cases in the 116th Judicial District Court of Dallas County, Texas. You can see him today, in his robes and on the bench, down at the courthouse (New Tower) on Commerce Street.

He hears non-criminal matters that can be complex and involve a lot of money. For example, this past June the Dallas company ICC Energy Corporation filed a big lawsuit in his court against Oklahoma City's Chesapeake Energy Corp (NYSE: CHK) claiming that Chesapeake breached a deal with ICC to market gas from the Barnett Shale at the Dallas-Fort Worth International Airport. Millions are at stake.

Presiding Judge Priddy's License Pulled for "Professional Misconduct"

What's interesting is that while Judge Priddy can preside over civil matters, ruling on motions made by attorneys, and accepting verdicts found by juries, he cannot practice law right now. His law license has been suspended by the State Bar of Texas for "professional misconduct."

Yes, that's right: in this State, a judge can still preside over a courtroom even if his law license has been suspended. For professional misconduct. Whoa.

Diane Jennings at the Dallas Morning News apparently thought this was strange, and asked the Executive Director of the State Commission on Judicial Conduct about the situation. Jennings reports that the director, Seana Willing, explained: "He was qualified when he stood for election ...[t]he fact that he, for the next three months, will have his license suspended, I don't think it's a constitutional disqualification."

Constitutional disqualification. Right.

Judge Priddy's Also Been Sued by the AG (Who Won) and His DUI Trial is Set for November

And guess what? Jennings has discovered that Judge Priddy:

1. also has the distinction of being the first sitting judge in the history of the State of Texas to be sued -- yep, sued -- by the Texas Attorney General. The Attorney General sued Judge Priddy and got judgments against the Judge for failing to file campaign finance reports with the state Ethics Commission. Judge Priddy got $39,000 in fines and after paying $31,500 to the Ethics Commission, the remaining $7,900 was recovered by garnisheeing his bank account. He still owes the State thousands in attorneys' fees, accrued interest, and a $500 late filing penalty.

2. In November 2007, Judge Priddy was arrested on suspicion of driving under the influence. That DUI case is scheduled for trial this November. According to the records, Judge Priddy told the cops that he has a "motor-coordination problem" and that he is diabetic.

Just one more example of how we're building confidence in the judicial system these days.

Sources:

Dallas Morning News

(http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/090408dnmetpriddy.36ffbe1.html)

Reuters

(http://www.reuters.com/article/pressRelease/idUS140916+12-Jun-2008+PRN20080612)

CRIME NEWS: Will DNA Tests Free Johnnie Lindsey on Friday?

2008-09-17T10:02:00.000-05:00

Let's hope Friday is a very, very good day for Johnnie Earl Lindsey.

That's because on Friday morning in the Crowley Courts Building, a judge may well order Mr. Lindsey's release from jail after Johnnie Lindsey's served almost 26 years for a crime he didn't commit.

That's right: they got the wrong guy back in 1981, for the rape of a 28-year-old woman near White Rock Lake. The victim identified Johnnie Lindsey as her rapist based upon six photos; only two photos showed men without shirts on (her rapist was shirtless) and Johnnie was one of those two.

Just one more example of how faulty eyewitness testimony can be.

No one listened to Mr. Lindsey when he argued that it couldn't have been him: he was at work at the time (he pressed pants and things at a commercial laundry and cleaners). Until now.

Thanks to The Innocence Project, Johnnie Lindsey's DNA has been compared to the DNA evidence from the crime scene. DNA has scientifically ruled out Mr. Lindsey as the rapist.

According to the Innocence Project, Johnnie Lindsey will be the 19th man in Dallas County to be cleared of a crime, after being convicted, since 2001.

The Integrity of Johnnie Lindsey

Mr. Lindsey is now 56 years old, setting in a jail cell assumedly relieved that the innocence he's been proclaiming though two jury trials and countless parole hearings has been recognized.

And why wasn't he released on parole long ago? Because of the severity of the crime, and the fact that he would not admit that he was guilty of raping anyone.

Johnnie Lindsay sat in jail since rather than confess to something that he didn't do, in order to gain his freedom. I think that's called integrity in some circles. Imagine that.

Think of it. Think of how long this man held onto his innocence, despite the sacrifice. To give you an idea, back in 1981:

1. Ronald Reagan was President;
2. Dallas was the most popular TV show;
3. "Bette Davis Eyes" by Kim Carnes won a Grammy as the Record of the Year (that's right, record);
4. Chariots of Fire won the Oscar for Best Picture, and Henry Fonda and Katherine Hepburn won Oscars for their acting in On Golden Pond; and
5. Marcus Allen won the Heisman trophy and the Oakland Raiders won the Super Bowl.

Seems cruel and unusual that Mr. Lindsey has to wait until Friday, doesn't it? And, to Mr. Lindsey: good luck to you, sir, and God Bless.

Sources:

DallasMorningNews
(http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/091608dnmetlindsey.173e456.html)

The Innocence Project
(http://www.innocenceproject.org/)

CRIME NEWS: Can Casey Anthony Get A Fair Trial and Why We Should Care

2008-09-15T11:02:00.000-05:00

Casey Anthony may have never set foot in our fair State of Texas, but what she's experiencing over in Orlando, Florida, is coming into our homes on a daily basis.

And that's good -- because we all need to be watching to see how Casey Anthony's rights are being respected over there in Florida. Because her loss of rights today does impact upon your rights, as well.

Your rights are only as safe as hers are.

What's This Case About?

The bottom line to the case is Casey Anthony's 3 year old daughter, Caylee, has been missing since June and mom Casey didn't report her missing until 31 days later - and then, she tagged onto a 911 call made by her mother, and the little girl's grandmother, Cindy Anthony.

Since that 911 call, Casey Anthony has been charged with child neglect, filing a false statement, and check fraud. She's out on bond in excess of $500,000 and is currently on house arrest in her parents' home, spending her days in the law offices of her attorney, Jose Baez.

What's Her Attorney Been Doing?

1. This past Thursday, Baez filed a motion seeking a court order to stop the prosecution's testing and handling of forensic evidence until the Judge can set rules on how this testing should occur. Baez is arguing that forensic testing can destroy the forensic samples, and he wants the Judge to oversee how this key evidence is tested, as well as what methods are used. Baez also wants a member of his defense team to observe the testing.

Why is Baez requesting all this -- even before his client is charged with anything BASED upon this evidence? He's urging that this court oversight is needed to protect Anthony's right to a fair trial.

Of course, pundits are critical of Baez's motion (just listen over at Nancy Grace) because this type of motion usually isn't filed until the client has been charged with something correlated to the forensic testing. The soil and carpet samples from her car, much less the air (yes, air) from the car's trunk, presumably connect to some type of murder charge - not the current charges that Anthony is facing.

Still, given what Baez has already seen, his motion isn't a surprise ....

2. Baez filed a Motion to Decrease the Half-Million Dollar Bail earlier, and not only was that denied by the trial court but the appellate courts upheld the bond amount. Remember, excessive bail is prohibited by the U.S. Constitution and Casey Anthony is only charged with two things in connection with this bond amount: child neglect and giving false information to the police. This is an extremely high bond for these charges.

3. Baez filed a Motion to suppress audio and video recordings of Casey Anthony communicating with family and friends while at the jail, arguing that releasing this to the press would inhibit his client's ability to get a fair trial. The Motion was denied.

What's At Stake Here?

At the time of this post, not only have the jailhouse communications been released to the media, but there's also 400 pages from the police investigation files (incident reports, etc.) readily available on the web, along with audios of interviews between the detectives and Casey Anthony. Additional charges have been made against her -- more economic charges, for writing bad checks, etc.

At the Anthony home, protesters yell and carry handwritten signs ("BabyKiller") 24/7, and one "blogger" was filmed taking away the Anthonys' trash and later combing through it for "evidence."

The neighbors' lives, as well as the Anthony family's, have to deal with this chaos now -- apparently, the police come only to break up fist fights.

Casey's parents, Cindy and George Anthony, have hired their own criminal defense attorney. Someone has offered Casey over $1,000,000 for her story and someone else has put up a reward of $250,000 for information regarding the whereabouts of little Caylee.

Why This Should Worry You

Every night, CNN devotes two hours to this story since it's all that Nancy Grace follows anymore. FoxNews usually has an hour, unless Greta Von Susteren is covering something about the presidential race.

On the web, an unbelievable amount of the police investigation files are available for anyone to download and read. Countless blogs and forums exist to chat and discuss the latest information as well as the latest rumors.

And what is the common theme here? Judgment. Casey Anthony is being judged on whether or not she did something to her child long before she is ever charged with a crime or made to face a jury.

She has a right to be presumed innocent until proven guilty. You have that right, too.

She has a right to be tried fairly, with an unbiased jury who have not made up their minds in advance. You have that right, too.

It is not a question of whether or not Casey Anthony harmed her daughter. It is a question of whether or not the system is being played.

Disrespecting our system of justice is something that should make us all very, very worried.

Good luck, Jose.

Sources:

OrlandoSentinel.Com (Complete Coverage of Missing Caylee Marie Anthony)
(http://www.orlandosentinel.com/services/newspaper/printedition/monday/orl-caylee-anthony-missing-stories,0,5047466.storygallery)

NancyGrace/CNN's Find Caylee Blog
(http://www.cnn.com/2008/CRIME/09/08/NGfindcayleeblog/)

Investigation Discovery -- Full Coverage of the Caylee Anthony Case
(http://investigation.discovery.com/blogs/criminal-report/casey_anthony_full_coverage/caylee_anthony.html)

JUDGE WATCH: Secret Love Affair Between Trial Judge and DA Stops Execution?

2008-09-10T09:58:00.000-05:00

Charles Dean Hood was scheduled to be executed today for the 1989 killings of Tracie Wallace and Ronald Williamson. Hood's been staring the death penalty in the face for almost twenty years.

Yesterday, things changed.

The highest criminal court in the state, the Court of Criminal Appeals in Austin, issued a stay of execution on Execution Eve, purportedly to consider arguments made in his criminal appeal that the jury got bad instructions on the law, way back when.

However, many are thinking the real reason that Charles Dean Hood lives to fight another day is because of a civil suit filed on his behalf, which enabled his attorneys to take the sworn testimony of the judge who presided over his trial as well as the prosecutor.

The Secret Love Affair

What's the big deal about these depositions? Well, it appears that courthouse gossip was true.

Former Collin County Judge Verla Sue Holland and Collin County District Attorney Thomas O'Connell reportedly admitted to being romantically involved during the time period when the Hood case was tried. It was a secret they'd kept all these years.

Here's a part of the letter that Gregory Wiercloch, Hood's attorney, wrote to Governor Rick Perry:

“Judge Holland and Mr. O’Connell confirmed that they kept the relationship secret .... She never disclosed it to a single litigant or lawyer who appeared before her, and she never recused herself from hearing a single case because of her affair with the elected district attorney.... Similarly, Mr. O’Connell never disclosed the romantic relationship to any of his adversaries nor did he recuse himself or his office from prosecuting a single case because of his affair with Judge Holland.”

Last week, the Texas Attorney General asked for a reprieve, so the Secret Love Affair rumors could be investigated.

Defense Attorney Nightmare

Talk about a criminal defense attorney's nightmare! You're trying a murder case with the possibility of death row, and the Judge and the prosecutor are an item. It's the stuff of a Law & Order episode.

The Brave Soul

How did all this happen? It appears that an attorney who worked as an assistant DA in Collin County during the time of the Hood trial had the courage and integrity to step forward and provide Hood's civil lawyers with a sworn affidavit, swearing that it was common knowledge at the time that there was a rumored romance between the trial judge and the prosecutor in the case.

This affidavit gave Hood's civil attorneys the legal ammo they needed to move the court for these depositions to be taken, in the face of arguments against them.

It's true that Judge Brewer, presiding over the civil case, then had the fortitude to allow the depositions to proceed - with a gag order. However, it took a lot of spunk for that attorney to provide that affidavit for all the world to see -- including fellow attorneys who may decide to ostracize this whistleblower.

Editorials are being written about giving credit to Judge Brewer -- it would be nice to see some hat-tipping to this brave attorney, too.

The Underlying Crime

What was Hood's crime? Hood (now 39) was found guilty and sentenced to death for shooting to death Ron Williamson, his boss. and Williamson's girlfriend, Tracie Wallace, along with stealing Williamson's car and credit cards, along with some jewelry. Hood was arrested in Indiana, and returned to Texas for trial. Hood still maintains his innocence.

Sources:
Reuters.Com (http://www.reuters.com/article/newsOne/idUSN0934589420080910)
New York Times (http://www.nytimes.com/2008/09/10/us/10texas.html?_r=1&scp=1&sq=Charles%20Dean%20Hood&st=cse&oref=slogin)
DallasMorningNews.Com (http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-hood_10edi.ART.State.Edition1.26ae2e0.html)

CRIME NEWS: Texas' Criminal History Records are Really, Really Inaccurate

2008-09-08T10:33:00.000-05:00

You watch CSI, or NCIS, or any one of a number of crime shows on TV, and there they are: huge databases of information on folk who have been arrested for crimes in all sorts of jurisdictions.

Federal, state, city,military - heck, they'll even pull up someone who's been busted overseas somewhere. And, it's so fast, too: the screen zips thru file after file, and suddenly stops on an exact match (who's usually the guest star for that episode).

Well, those in the know have long recognized that this isn't reality -- but never more so than this past month, when the Texas Department of Public Safety publicly admitted that its criminal history records database is far from complete. According to Angie Klein, who manages this database, it's only got 69% of the state's actual criminal records.

If this were a report card, DPS would be getting a D+.

What's going on? Counties aren't reporting, for a variety of reasons. And, of course, prosecutors are really upset by this. They may not have information regarding past criminal histories before offering up a nice plea deal.

Bottom line, what does this mean? There's a 31% chance that a criminal record isn't going to be in the system.

Think about it. The good news: you're pulled over on suspicion of driving drunk and there's a 31% chance the cop's not going to know about a past DWI on your record. Or, you're arrested for burglary: there's a 31% chance that a past conviction for burglary back in Houston isn't going to pop up on your record.

Of course, you and your criminal defense attorney need to make sure that any acquittals or dismissals of your case are recorded in the system. You don't want those old criminal charges to pop up when you are applying for a lease, or a job, or buying a gun, or adopting a child ....

Source: DallasNews.com, August 22, 2008

JAIL WATCH: At Least Stanley Lived to Tell The Story

2008-09-03T11:41:00.000-05:00

Over at Grits for Breakfast, Scott Henson gives a rundown on the recent $900,000 verdict against the Dallas Jail -- where the federal jury found former jail inmate Stanley Shepherd's constitutional rights had indeed been violated.

How? Stanley was found to have been wrongfully denied basic medical care during his 2003 stay in Dallas County's Lew Sterrett Justice Center. (Stanley was being held on some burglary and drug charges.) He wasn't given his high blood pressure medicine, and as a result, he's suffered permanent disabilities.

Henson's also got a nice wrap-up about the state of our local jail -- including listing several analogous tragedies, which bring to mind that Stanley did fare better than some other folk: there are those who have died in that jail from not getting their meds.

Sources:
Grits for Breakfast, August 27, 2008 (http://gritsforbreakfast.blogspot.com/2008/08/jury-awards-fat-verdict-against-dallas.html)

COP WATCH: Dallas Cop Allegedly Robs Sam's Club, Stops Himself

2008-09-01T13:08:00.000-05:00

This story is really going to make you feel safe.

About three weeks ago, a Dallas Police Department officer thwarted an armed robber who was trying to hold up a local Sam's Club.

Officer Al Coleman, who was off-duty as a Dallas cop and working his second job as a security officer at the Sam's Club on West Wheatland Road, told NBC-5 that " ' he [the robber] just told me the last part of his plan and I didn't agree with it. Says he was gonna kill me.'"

According to Officer Coleman, this evildoing Masked Man rushed Sam's and took Coleman hostage - yes, hostage! - whereupon Coleman fought back. Guns were drawn. Guns!! Shots were fired. Shots!! Coleman was hit in the chest ... luckily, he had on a bullet-proof vest.

The robbery was prevented and Officer Coleman, what a hero, right?

Well, no.

Dallas Police Department detectives now report that all the evidence, which includes store surveillance tape, shows that Coleman is lying.

Turns out that Coleman was in on the whole thing with the getaway driver parked out front in Coleman's car while their pal, the Masked Man, came into the store. They're all three facing robbery charges today.

Who really stopped the robbery? The Sam's employees -- who barricaded the door, preventing Coleman and the Masked Man from gaining access to the vault.

Sources:
WISTV (www.wistv.com)
WFAA (www.wfaa.com)

This One's On Me!!!

2008-07-14T13:29:00.000-05:00

Here's some international coverage from the Economist concerning article 59 abuses across Texas. As many of you know, article 59 of the Texas Code of Criminal Procedure is the way our trusted District Attorneys go about seizing millions of dollars in "drug dealer" assets. You would think that this money then goes to help out children or crime prevention. Well sometimes it does and sometimes it can pay for a pretty awesome margarita machine. Montgomery County District Attorney Mike McDougal used article 59 seizure money to acquire a margarita machine for the county fair. Maybe the first toast at the party was to all of the defendants that could make the party possible. This one's on me!

Law Enforcement: This Week's Corrupt Cops Stories

2006-05-05T11:55:00.000-05:00

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.

Collin County Justice

2006-05-01T22:40:00.000-05:00

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.

2006-04-25T22:43:00.000-05:00

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.

2006-04-10T23:45:00.000-05:00

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?

2006-04-10T14:35:00.000-05:00

Harris County District Attorney sees no pattern of prosecutor misconduct. What do you think?

Dallas Morning News News for Dallas, Texas Texas/Southwest

2006-04-10T14:29:00.000-05:00

All Headline News - DEA Busts Ring That Used Virgin Mary Tombstones To Smuggle Drugs - April 10, 2006

2006-04-09T22:48:00.000-05:00

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.

2005-07-19T22:38:00.000-05:00

STATE BAR DISCIPLINED FORMER DISTRICT ATTORNEY

Terry McEachern, the man responsible for the numerous bogus prosecutions stemming from the testimony of then Detective Tom Coleman in Tulia was recently disciplined by the State Bar of Texas. Mr. McEachern agreed to the probated suspension of his law license. According to the Texas Bar, then District Attorney McEachern failed to turn over exculpatory and impeachment evidence to defense counsel when his witness Tom Coleman "testi-lied" that he had never before been arrested or charged with a crime. In fact, Mr. Coleman had been previously charged with abuse of official capacity and theft when he worked in law enforcement in Cochran County.

In January, Mr. Coleman was convicted of perjury and given probation. Former District Attorney, was defeated in the Republican primary as he tried to run for re-election for DA of Swisher and Hale Counties in 2004. Mr. McEachern is currently in private practice defending criminal matters and touting his 23 years of prosecutorial experience.

2005-05-21T11:24:00.000-05:00

IF A DISTRICT ATTORNEY REFUSES TO TAKE FIELD SOBRIETY TESTS AND THE BREATH TEST, WHAT SHOULD YOU DO?

As a criminal defense lawyer I am often asked if stopped for DWI in Texas, whether one should submit to a breath test or the field sobriety (drunk) tests. If there was a debate, the debate is officially over.

Hutchison and Hansford County District Attorney Clay Ballman pulled a drunk driving hit and run a few nights ago. After running away from the scene of his drunk driving accident, he was apprehended by Borger police. The DA's car was found by police abandoned on a residential road in Borger shortly after his vehicle was involved in a collision.

When given an opportunity to follow the implied consent law he has sworn to uphold, Mr. Ballman refused to give a specimen of his breath. He also refused all field sobriety tests. Folks, if the District Attorney doesn't rely on these test when it comes to his freedom, why should anyone else? That should tell you all you need to know about the reliability of these "tests."

Here's the kicker. Apparently, the local police could not clean this one up like they did before. Mr. Ballman was allegedly pulled over for DWI about a year ago and was let go. Of course, the video has been destroyed; ooops!!

Plainview Daily Herald

2005-05-12T18:24:00.000-05:00

DISTRICT JUDGE FORCED TO STEP DOWN ON SERIES OF CASES

Criminal defense lawyer Laura Cass filed a motion to recuse State District Judge Rick Davis. Judge Davis accussed Cass of being a racist and compared her to a Nazi guard at Auschwitz while she served as an Assistant DA in his court. The Nazi comments were originally made in 2001 when Cass was a prosecutor in his court. Judge Davis was reprimanded by a 3 Judge panel appointed by the Texas Supreme Court and ordered to attend Anger Management class.

Judge Davis' anger problems apparantly relapsed recently when he launched his website wherein he again commented about the incident involving Ms. Cass. Judge Olen Underwood agreed with Cass and ordered Davis recused on a series of cases one of which is a Capital Murder case. In that case, Brazos County DA Bill Turner sought to have Judge Davis recused also. Original article

2005-05-03T12:34:00.000-05:00

"Government Crossed the Line . . ."

The Fifth Circuit recently reversed and remanded for resentencing U.S. v. Munoz. Munoz had signed a plea agreement with the Government wherein he and the Federal Prosecutor stipulated to a total offense level 25 (71 months max) in exchange for his plea of guilty to the wire fraud, mail fraud and money laundering counts in the indictment. The Presentence Report sought the application an "abuse of trust" enhancement to his sentence and a higher calculation for the loss amount. The PSR recommended a total offense level 29. What is worse, the Federal Prosecutor urged the court to apply the "abuse of trust" enhancement, in violation of his own plea agreement. Of course, the court went along with the Government and sentenced Mr. Munoz to 90 months.

Who Abused Their Trust?

The Fifth wrote that this type of prosecutorial slight of hand "crossed the line . . ." In particular, the Court found that the Governement breached the plea agreement by advocating the "abuse of trust" enhancement.
Read the opinion

2005-04-18T17:05:00.000-05:00

FORT WORTH COA DISMISSED MURDER PROSECUTION DUE TO PROSECUTOR MISCONDUCT DURING TRIAL

The Fort Worth Court of Appeals issued a second opinion on remand from the Texas Court of Criminal Appeals concerning alleged misconduct by a Tarrant County Assistant District Attorney. For the second time, the Fort Worth Appeals Court found the prosecutor's trial tactics to be intentional and/or reckless prosecutorial misconduct such that jeopardy attached after the trial judge declared a mistrial. In particular, the court cited the prosecutor's tactic of repeatedly commenting on the Defendant's invocation of her right to remain silent as intentional or reckless misconduct.

Although the trial Judge, Judge Sharon Wilson, found that the prosecutor's actions did not amount to reckless or intentional misconduct, the Court of Appeals found that Judge Wilson abused her discretion in this regard. The Court of Appeals dismissed the pending indictment against Ms. Lewis.

THE CASE WAS GOING BADLY FOR THE STATE

The Court of Appeals noted in it's analysis that "The case was going badly for the state." The court noted that the prosecutor had failed to call the responding or investigating officers to testify and failed to offer the Defendant's prior statement into evidence before the Defendant took the witness stand. Once Ms. Lewis testified that the complainant had twice raped her and that the weapon accidentally discharged, the prosecutor twice attempt to cross-examine her with her refusal to talk to the investigating detective instead of impeaching her with her prior statement. A link to the opinion: Texas Judiciary Online - HTML Opinion

2005-04-15T15:37:00.000-05:00

TEXARKANA COA REVERSES CONVICTION ON CHILD PORN CASE, BAD SEARCH WARRANT (Elardo v. State)

"Reliable Source" is reliable because the source is reliabe . . . get it?

Mr. Elardo was convicted of multiple counts of child porn possession and sentenced to 20 years TDC.

The daughter-in-law of Mr. Elardo's wife tipped off police to child porn in Mr. Elardo's home. The police went to their local Justice of the Peace (not licensed to practice law) who signed their search warrant. The search warrant stated that the informant was a "reliable source", but stated no other facts in support of this contention. Justice Ross wrote that such a statement was conclusory without any "basis of knowledge" contained in the search warrant indicating the trustworthiness of this informant. The State urged the court to apply a more relaxed standard on the reliability issue because the informant was a private citizen whose only contact with the police was to witness a crime. Justice Ross declined, noting that there is nothing in the search warrant affidavit that puts this informant into the good samaritan category of tipster.

Texas Judiciary Online - HTML Opinion

2005-04-10T17:16:00.000-05:00

"DEGARMO DOCTRINE" ON THE WAY OUT?

Are appellate rights waived if a Defendant is convicted and he or she admits guilt in punishment? In Degarmo v. State, the Texas Court of Criminal Appeals ruled that a Defendant who admitted guilt in the punishment phase of his trial could not later appeal based upon insufficient evidence.

The Corpus Chrisi Court of Appeals recently rejected the "Degarmo Doctrine." In a well reasoned opinion, Judge Garza noted that the Court of Criminal Appeals' 1985 opinion was really just dicta on the waiver issue and declined to apply this oft cited and feared rule.

I feel confident that the Texas Court of Criminal Appeals will weigh in on this issue. Read the opinion below:

Texas Judiciary Online - HTML Opinion

2005-04-10T14:55:00.000-05:00

ABC News: Judge Sentences Spammer to Nine Years

This is the first felony prosecution resulting in conviction against a spammer for junking up your inbox. However, it doesn't sound like the judge is very confident the conviction will survive appeal.

2005-04-06T16:40:00.000-05:00

TEXAS EXPUNCTION OF CRIMINAL RECORDS

Everyday I am asked whether someone is eligible to have their criminal records expunged in the state of Texas. The following is a dallas criminal attorney summary of the laws in the state of Texas concerning expungement and the newer practice called Petition For Non-Disclosure.

WHAT IS AN EXPUNCTION?

Upon the petition of a criminal defendant, a court can direct certain law enforcement agencies to destroy all records associated with an arrest and subsequent prosecution. Many times the court will specifically direct law enforcement agencies to destroy jail records, police reports, prosecution reports and court files. In addition, a successful expungement petitioner, can legally deny ever having been arrested for or charged with the criminal offense for which he is receiving the expunction.

WHAT IS A PETITION FOR NONDISCLOSURE?

Upon the petition of a criminal defendant, a court can direct certain law enforcement agencies to refrain from disclosing to any third party any criminal records associated with an arrest, prosecution and deferred probation. A successful petitioner can legally deny the existence of his arrest, charge and deferred probation. The order requires that any third party who buys criminal history information from Texas remove that information from their databases. If these third party vendors do not do so in accordance with the court’s order, they would be subject to civil penalties. Therefore, website such as PublicData.com would be required by law to remove criminal history information subject to the court’s nondisclosure order or face civil penalties.

Expungement of Criminal Records

Dismissed Case or Grand Jury No Bill

If a case was dismissed by the District Attorney’s office or No Billed by the Grand Jury, the first thing to do is find out what the statute of limitations is for the particular offense. The statute of limitations usually begins to run on the date of the offense. The records can be expunged upon the expiration of the applicable statute of limitations. For example, the applicable statute of limitation for any misdemeanor in Texas is two years. Therefore, if a misdemeanor assault case was dismissed more than two years ago, any record associated with that case can be expunged.

For felony offenses that were no billed by a Grand Jury (the Grand Jury refused to indict), the same rule applies. The limitations period for felonies range anywhere between five years and ten years. However, some felonies such as Murder do not carry a limitations period. Upon the expiration of the applicable limitations period, the felony case can be expunged.

Exonerated Defendants

If after a trial on the merits of any criminal offense in Texas the judge or jury returns a not guilty verdict, that Defendant is eligible to have an expunction.

Petitions For Nondisclosure of Criminal Records

Successful completion of deferred adjudication probation is the key to opening the door to a Petition For Nondisclosure (“PFN”). A petitioner is NOT eligible for a PFN is he was placed on regular probation or was placed on deferred adjudication and later found guilty by the court during probation.

What is deferred adjudication? There are two types of probation. Regular probation is a conviction in that the court actually finds the defendant guilty and suspends imposition of the jail sentence for a period of time. Under article 42.12 of the Texas Code of Criminal Procedure, a Texas Judge can alternatively place a defendant on probation for a period of time and DEFER any finding of guilt unless and until the defendant successful completes the probation. If the defendant successfully completes probation, the court will dismiss the case. It is critical that a potential petitioner obtain the judgment and sentence for their case to determine whether they received deferred adjudication probation or regular “conviction” probation.

For most misdemeanors, a defendant is eligible for their PFN immediately upon the successful completion of their deferred probation. For some misdemeanor offense such as sex-related offense (indecent exposure or public lewdness), there is a five year waiting period. During this period, the defendant cannot be convicted of or placed on probation for any offense other than a traffic ticket.

For all felonies in which the defendant successfully completed his deferred probation, the waiting period is ten years. This waiting period also operates in the same manner as described above regarding misdemeanors. That is, the successful probationer cannot have had a conviction or probation for any offense other than a traffic ticket during the ten year waiting period.

The only exception to the above is that if a defendant has previously convicted of or placed on probation for any offense which requires registration as a sex offender. In addition, if the defendant has been convicted of or placed on probation for any of the following he will never be eligible for a PFN:

• An offense with an affirmative finding of family violence.
• Violation of a Protective Order
• Stalking
• Aggravated Kidnapping
• Murder
• Capital Murder
• Manslaughter

I hope the above will help you evaluate your potential success on your Petitions of Expunction and Petitions for Non-Disclosure.

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