Dallas Criminal Lawyer Blog

Cop Watch: Exotic Dancer's Testimony Believed Over Dallas Cops and Felony Drug Case Thrown Out by Dallas Judge

2009-07-14T19:22:00.003-05:00

Scarlett Haley is an exotic dancer here in Dallas. On Monday, Scarlett testified before District Judge Pat McDowell, telling the Court that the Dallas cops had lied. The Judge believed her, not the police. Wow. And, yes, this is a true story.

Here’s what happened – according to Scarlett.

Scarlett was asleep, at home, when there was a knock at the door. Her mother answered, and Dallas police came in. They were looking for Scarlett’s boyfriend. They were looking for drugs.

Seems the police had a tip that there was “drug activity” at the house.

Scarlett, 20 years old at the time, described how the police appeared in her bedroom (uninvited) and while other officers were rummaging through the house, told her that they had already found drugs and Scarlett had two choices: sign the document they were waiving in front of her – a consent to the search – or face arrest.

Scarlett also testified that the Dallas police threatened her children.

Specifically, if she didn’t sign the consent form, they would call CPS and her kids would be taken from her. So, she signed.

Later, Scarlett took and passed a polygraph exam.

Scarlett had a perfect score on the lie detector test. No one in the courtroom disputed it.

And between the polygraph and her live testimony on the stand, Scarlett the Exotic Dancer beat the Dallas Police Department. Three veterans of the department, to be exact, who also took the stand that day were found to have less credibility than young Scarlett.

The Judge threw out evidence taken in that search of the home, forcing prosecutors this past Monday to ask that their case against her boyfriend, involving four felony drug cases, be dismissed.

What’s going on here?

Well, the three seasoned cops who testified, and who took part in that search of Scarlett’s home, were part of a Dallas police unit that is being investigated by local prosecutors. This police squad sounds like your basic bad news: its supervisor was moved to a desk job after the prosecutors determined (there’s a letter from their office in the public record confirming this) that this cop couldn’t be trusted by the District Attorney’s office to testify in court.

This same supervisor was one of the police officers that bullied their way into Scarlett’s house that day.

You’ve read about that squad here before, check out our earlier post on this squad from last February.

Source:

Dallas Morning News

Cop Watch: FBI Busts 2 Sheriff's Deputies in Major Meth Distribution Biz Run by Motorcycle Gang

2009-07-13T09:46:00.006-05:00

Of course, this was a drug dealer's dream.

For many years, the Hockley County Sheriff's Lead Investigator Deputy Gordon Bohannon and Narcotics Officer Jesse Quintanilla were working with Motorcycle Gang leader and drug dealer Bobby Duwayne Froman by helping him avoid getting caught as he ran a big meth distribution business out of the Lubbock area, which networked over to California and up north to several Plains states.

This was a pretty big enterprise.

Bobby "Quick" Froman, was the head honcho (his official title was "President") of the Aces and Eights Outlaw Motorcycle Gang ("OMG"). Aces and Eights is known by the FBI to be a support club of the Bandidos OMG.

Froman's meth enterprise involved hiring bikers as messengers, carrying cash to California to exchange for drugs (presumably, crystal meth). Once they returned to Texas with the drugs, then Froman's group would repackage the product and sell it in various states (accepting money, guns, or sex as payment). The FBI's indictment reveals that a pound of meth had a street value of $13,000 to $16,000 -- so this was a lucrative and large enterprise that President Quick was running.

The Phone Taps Got Lots of Incriminating Conversations

Apparently, the good guys were listening in and watching the Bad Cops for a while now. And, in court papers filed this week as part of the FBI's arrest of Bohannon, Quintanilla, Froman, and others in the meth biz, there are transcripts of actual phone conversations between the bad guys.

It's pretty clear what was going on from these phone conversations. For example, back in April 2009, Bohannon tells Froman over the phone (pretty cocky, huh - not thinking that the phone might be tapped?) that his home (in Levelland, Texas) was under surveillance. They keep talking and then Bohannon tells Froman to "go ahead and set up our deal" (get that, "our" deal) and that Bobby Froman's not to worry, "we got your back."

Another example: Quintanilla has been recorded telling Froman that DPS was close by, and where they were set up, and that if the DPS Troopers were to change spots, he'd call Froman and let him know. (Mind you, Quintanilla was a Narcotics cop.)

There's a lot more on the tapes. These guys were phone-happy.

Bohanon Is Busted By ATF

Things ending in a somewhat melodramatic way this week, when ATF telephoned Deputy Bohannon and asked him to come help them, as the local authority, in a raid last Friday morning.

When Bohannon got there, the feds busted him. And they got it on video, too. They also arrested Deputy Quintanilla and 18 other evildoers.

Deputy Bohannon is currently setting in a federal jail cell, without bond. He's got a hearing on July 20th -- and he's asked for an attorney to be appointed to him from the Public Defender's Office.

For more information, check out the FBI's press release: http://dallas.fbi.gov/dojpressrel/pressrel09/dl071009a.htm

Death Row: Rodney Reed Loses Appeal Despite Evidence that Cop Was Real Killer

2009-07-08T10:07:00.001-05:00

Death Row inmate Rodney Reed, 41, brought an appeal of his case before the highest court in our state for criminal matters, the Texas Court of Criminal Appeals, arguing that there is new evidence in his case. And, this evidence points to the victim's boyfriend - who was a cop at the time - as the real killer.

The victim, Stacey Stites, was sexually assaulted and then murdered. Her boyfriend, Jimmy Fennell, was a Georgetown policeman at the time of her death.

Fennell Has History of Abusing Women

Today, he is a prison inmate, having been sentenced last September to 10 years incarceration for the kidnapping and "improper sexual activity" with a woman who was in his custody. (He'd taken her into custody after a going to the scene of an alleged domestic disturbance, where an inebriated female had been the victim of rape.)

Reed pointed to this activity by the boyfriend, as well as facts discovered by the Georgetown cops in their investigation of Fennell: apparently, Fennell had forced a woman he pulled over during a traffic stop to have sex with him; Fennell abused his ex-wife; and stalked another woman.

Four different instances of Fennell abusing women. Apparently, in an escalating pattern. Aren't you curious what his alibi is for the murder of his girlfriend, the crime for which Reed has been convicted?

Texas Court of Criminal Appeals - So What?

So, what did the Court of Criminal Appeals say about this new evidence -- evidence that a Death Row inmate might be innocent and a convicted sexual predator might be guilty? The appellate court ruled that the evidence doesn't clear Reed and there's nothing to show that the prosecution hid it from the defense, so nothing is going to happen here. No new trial so a factfinder can weigh this new info.

The Court of Criminal Appeals opinion is unanimous. It is also unsigned. (READ THE TEXAS CCA OPINION HERE.)

Reed Is Taking the Case to the Feds

Death Row inmate Reed isn't giving up. He's going over to the federal system with all this.

Let's see what the federal appeallate court rules. You gotta wonder what those justices are going to think about an unsigned opinion coming out of Justice Sharon Keller's court.

Cop Watch: Webster Cops Taser Pastor at His Church and Pepper Spray the Congregants

2009-07-06T10:36:00.002-05:00

These stories about Texas police and their tasers just keep coming - and you gotta wonder which story is the worst. And when something is going to be done about Taser-Happy Police in this state.

The latest story: cops use a taser on a pastor - at the church!

Over in Webster, Texas (which is close to Houston), the police claim that they were just doing a routine traffic stop when this guy interfered with them.

This guy who was interfering was the Pastor of the church whose property they were standing on ... and whose church member was the person made the subject of the traffic stop.

Pastor Jose Elias Moran says he was trying to help his congregant, and he got tasered for his efforts. He's got over 40 other church members who will be witnesses to the event, and they'll be testifying that they were pepper-sprayed for their efforts to help.

While the cop says the pastor was interfering and pushed him (the cop), the pastor and his following dispute this, reportingly claiming that the cop was angry, the pastor went into the church for help, and after the cop kicked the door of the church these congregants came out where the altercation insued with the tasering and the pepper spray.

Latest on this story: the pastor was hospitalized, and he's called a lawyer.

Within the past year, taser-targets of Texas Police just seem to get more and more obviously wrong...these stories are hitting us on a monthly basis:

In July 2009, we've got a Pastor being tasered by Webster police.

In June 2009, we had the Austin cop tasering the 72 year old grandma (twice) .

In May 2009, we had the drunk who got tasered to death by Galveston cops.

In April 2009, we had the Oakwood Police Chief who tasered his own WIFE.

In March 2009, we had the Houston cops tasering the Father of the Bride at a wedding where family friend Houston Astros pitcher Brandon Backe was arrested.

Tasers are dangerous. And while it's true that it's better to use a taser than a gun (and obvious deadly force), it's nonsensical to think that a Taser is really necessary in dealing with an incapacitated drunk, a 72 year old woman, a Father of the Bride at his daughter's wedding, or the Pastor at a church ... much less a cop's own wife.

Something needs to be done about this. Now.

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?

JUDGE WATCH: Corpus Christi Judge Banales Asked to Be Removed From Case of Big Campaign Supporter

2009-06-29T10:56:00.000-05:00

Just last week, we pointed to the new U.S. Supreme Court case that dealt with campaign contributions and judges across the country - with a warning that the judiciary was to avoid even the appearance of impropriety. And we predicted lots of activity based upon this new precedent.

And here it comes ....

Less than a week after Caperton v. Massey came down, Nueces County District Attorney Carlos Valdez has moved for the recusal of Judge Manuel Banales from the pending case of Mauricio Celis. The motion was filed on Wednesday, the US Supreme Court decision came down on Monday.

Seems that Mr. Celis is a well known Democratic fundraiser down in Corpus Christi, and the DA is arguing in his motion to remove Judge Banales that the judge received campaign contributions from some law firms that are somehow connected to Mr. Celis.

Who is Mauricio Celis?

Who is Mr. Celis? Well, he's interesting. Seems he was convicted last February of pretending to be a lawyer, and he was facing a year in jail, until Judge Banales removed the old trial judge and changed the sentence to 10 years probation. And, he's still got to face trial on other charges -- such as theft, money laundering, and impersonating an officer. (Judge Banales isn't hearing those charges, he already transferred those matters over to another Nueces County judge.)

Let's see what happens next week, right?

COURT OPINIONS: US Supreme Court Nixes Judges Accepting Big Campaign Donations Due to Appearance of Bias

2009-06-24T09:18:00.000-05:00

The U.S. Supreme Court decision in Caperton v. Massey (read the opinion here) came down yesterday, and we'll have to see how much it impacts Texas Judges -- and how often they recuse themselves from cases.

Texas Judges Run for Office: They Kiss Babies and Take Contributions

In Texas, judges run for office. (The federal judges are appointed.) Running for office is expensive. Judges have to campaign: they shake hands and kiss babies -- and take money from contributors.

The Caperton decision is big news because the highest court in the land has warned judges everywhere that if they are elected, then they must not allow even the appearance of bias regarding accepted contributions. They must recuse themselves if there is even the RISK of looking like they are playing favorites (emphasis added):

Although there is no allegation of a quid pro quo agreement,the fact remains that Blankenship’s extraordinary contributions were made at a time when he had a vested stake in the outcome. Just as no man is allowed to be a judge in his own cause, similar fears of bias can arise when — without the consent of the other parties — a man chooses the judge in his own cause. And applying this principle to the judicial election process, there was here a serious, objective risk of actual bias that required Justice Benjamin’s recusal.
Caperton, 556 U.S. ___ 2009 (slip opinion, p. 3).

How This May Impact Texas Judges

In Texas, at first glance this is not that big of a deal because we've already got a $5000 cap on campaign contributions to judicial campaigns. (There's a $30,000 total contribution cap on members of a law firm.)

However, special interest groups don't fall within that legal cap and Caperton may impact their activities in future campaigns. In criminal law, special interest groups are very active and it will be interesting to watch campaigns in the future to see how this decision from D.C. impacts our state in the future.

Excellent Warning by the Dissenters

In his dissent (joined by Justices Scalia, Thomas and Alito), Justice Roberts already warns that "this will inevitably lead to an increase in allegations that judges are biased, however groundless those charges may be," as he criticizes the majority opinion for failing to place clear guidelines for judges on when they should recuse themselves as part of the decision.

Justice Roberts is right. This decision is going to be used to try and push judges off cases - a new kind of forum shopping, sorta. We all know it.

Cop Watch: Harlingen Cop Fatally Shoots Man in the Back, Juan Angel Guerra On the Case

2009-06-22T09:51:00.000-05:00

Down Harlingen way, it was cold back in January so Diego Rivas-Soto started a fire under the Highway 77 overpass to keep warm. Rivas-Soto was a Mexican national, with family living in Durango. He was here, looking for work.

Drawn by the fire, the police showed up. Rivas-Soto was obviously frightened, and according to the police version of events, pulled a knife. So they shot him.

Rivas-Soto was shot in the back.

Now, the autopsy reports are in -- and more of the story has come to light. Rivas-Soto was fatally shot by a police shotgun blast.

And he was shot in the back. This has been confirmed by the Medical Examiner.

Was he a terrorist or a drug trafficker? Nope. He was just a guy without enough cash to pay for a room on a cold night. In fact, Rivas-Soto was a husband and father, only 41 years old when he died. He had left his wife and five children in their home of San Juan del Rio, a hamlet outside of Durango, Mexico, to get some kind of work in Texas.

Juan Guerra Representing the Family

Juan Angel Guerra is representing the family, and he's working hard on the case. He's using his past experience as a 3-term district attorney to question the actions of the Harlingen police department and current district attorney's office, and he's already released a copy of the autopsy reports to the news media.

According to Guerra, Riva-Soto was shot in the back twice, and he was shot after he was already down on the ground. Guerra appears to be very suspicious - even incredulous - of the official police version of events, and he's taking his concerns to the media.

You'll remember Mr. Guerra.

Last fall, we posted about Mr. Guerra's charging then Vice-President Dick Cheney, and others, with responsibility for abuses in privately-run Texas prisons, and about the suspicious nature of his last campaign for a fourth term as district attorney of Willacy County where some were of the opinion that Guerra had been the victim of some manipulative tactics to get him out of office.

I'm sure we'll be hearing more about the untimely death of Diego Rivas-Soto. And Juan Guerra.

Sources:

KRGV
http://www.krgv.com/news/local/story/Family-Of-Man-Shot-By-Police-File-Lawsuit/aiBZo2TZ9kab2AfJM_BXCg.cspx

The Monitor
http://www.themonitor.com/articles/shot-27789-attorney-suggests.html

JUDGE WATCH: Houston Judge Caught on Video Allegedly Keying Neighbor's Car Now Subject of Grand Jury Felony Investigation

2009-06-17T16:00:00.000-05:00

Down in Houston, the Grand Jury is watching the video below, as well as other evidence, to decide whether or not felony criminal charges should be filed against retired visiting judge Woody Densen.

Seems Judge Densen may have vandalized his neighbor's Range Rover (as well as the neighbor's girlfriend's Mercedes). And the neighbor was on the lookout: he installed surveillance cameras, which were videotaping the judge as the judge walked past his SUV.

The judge does act suspiciously in the video, but geez. It's in the middle of the day. And he's a judge. And he's 69 years old. Surely the judge -- or the Grand Jury -- is getting punked?

Neighbor Did His Investigation

Well, maybe not. Apparently, the neighbor has been having problems with the vehicles in his driveway being damaged for awhile now, and he's done his homework to figure out what's been going on here. And, the harm does add up: the latest scratch marks on the Range Rover will cost $1500 to repair. That's a hit. And, over time, those repair bills may really be adding up.

What's the worst he could get if he did scratch -- or "key" -- his neighbor's vehicle? Well, it's more serious than you might think. Judge Densen could be charged with felony criminal mischief, facing jail time and a $10,000 fine. Additionally, he could face disciplinary proceedings brought by the State Commission on Judicial Conduct (which would put his ability to substitute for judges on vacation, medical leave, etc. at risk).

What Can Happen to the Judge?

Given that he's retired, and 69 years old, if the Commission were to suspense him from taking the bench for a period of time, that probably wouldn't hurt too bad.

Felony charges, that's gonna hurt. Ten thousand buck fine plus up to two years in jail is serious punishment.

Seeing this video plastered all over the web? Definitely gotta hurt. You're a JUDGE, man.

http://abclocal.go.com/ktrk/video?id=6866291

Source:

ABC13.com
http://politicalblog.abc13.com/2009/06/visiting-judge-investigated-for-vandalizing-car.html

Houston Chronicle
http://www.chron.com/disp/story.mpl/front/6480140.html

DA Watch: Tarrant County DA Seeks Recusal Again in Death Row Case Due to Prosecutor Misconduct

2009-06-15T12:03:00.000-05:00

Earlier this year, we posted about the Tarrant County DA recusing itself from the Michael Toney case after it was revealed that the District Attorney had failed to turn over extremely important evidence to the defense that might well have kept Toney from being convicted, much less sentenced to Death Row.

In the Toney case, it took 23 years before the Fort Worth District Attorney's Office came forward and revealed that these documents were intentionally withheld from the defense. What district attorney was involved? Mike Parrish.

On Friday, a hearing was held before visiting District Judge Steven Herod in another case Mike Parrish prosecuted during his tenure at the Tarrant County District Attorney's office. Another case where a sentence of death was given.

In that hearing, Judge Herod heard evidence that Mike Parrish withheld evidence from the defense counsel for Death Row inmate Chelsea Richardson -- and also interfered with her attorney-client privilege. Two biggies. Two big No-No's.

This time, the Tarrant County District Attorney's office may get removed from the case, but they're not doing so voluntarily: the Judge isn't hearing a motion to recuse this time, as the DA filed in the Toney case. This time, Richardson's defense counsel is bringing the matter before the court.

What was withheld in the Richardson case?

The psychological report of a co-defendant, which would have been favorable to Chelsea Richardson, who was portrayed at her trial as the Evil Mastermind in the murder of her boyfriend's parents. (Guess the psych report helped with the argument that the co-defendant wasn't so easily manipulated....)

How was the attorney-client privilege purportedly interfered with by the DA?

Richardson's attorney is also contending that Mike Parrish did not reveal to anyone -- much less the judge -- that Parrish was getting scoop under the table about the case from Richardson's defense attorney's paralegal. Whoa Nellie.

Tarrant County DA Isn't Going Away Quietly Into That Good Night

This time, unlike the Toney case where the Tarrant County DA filed its own motion to remove itself from the case, the DA isn't admitting Richardson was wronged.

At the hearing, according to media reports, Tarrant County ADA Charles Mallin argued that Michael Toney "was a completely different matter" -- and that situation was irrelevant to Richardson. They argued to the visiting judge that there isn't proof that the DA's Office has any conflict upon which to base a removal.

Let's see what Judge Herod thinks about that ....

Sources:

Houston Chronicle
http://www.chron.com/disp/story.mpl/ap/tx/6477205.html

Fort Worth Star Telegram
http://www.star-telegram.com/metro_news/story/1431236.html

Cop Watch: Austin Cop Tasers 72 Year Old Woman TWICE - Watch Video

2009-06-10T13:32:00.000-05:00

You know, this blog has posted about a cop using a Taser on his own wife. And that was bad. This blog has posted about cops using Tasers on the father of the bride during a wedding reception. And that was bad, too. There was also the recent post about the use of a Taser of a Galveston man, where he died. That's horrible.

But this Austin cop (actually a Travis County Constable), caught on video, using a Taser TWICE on a 72 year old woman during a traffic stop is just unbelievable.

This story has hit international media sources, and the BBC is reporting that the woman is considering a lawsuit, and the Austin American Stateman is reporting that the law authorities are standing behind the constable, taking the position that the elderly woman was dangerous.

You watch the video. You decide.

Sources:

Austin American Statesman
http://www.statesman.com/news/content/news/stories/local/2009/06/10/0610tasered.html

BBC
http://news.bbc.co.uk/2/hi/americas/8094023.stm

Cop Watch: Texas Rangers Investigating 2 Seguin Cops in 2 Separate Incidents

2009-06-08T09:37:00.000-05:00

Seguin Police Chief Kevin Kelso, according to media reports, first became aware of some bad stuff going on within his department when he got word that the Texas Rangers were investigating one of his officers -- so Kelso put this officer on paid leave.

Sometime after that, a second set of facts revealed themselves about another Seguin police officer, and a second investigation into these allegations is also being undertaken. Kelso is threatening this second cop with termination.

The media coverage hasn't given great detail about what's going on over in Seguin, but through the Texas Public Information Act, the Seguin Gazette-Enterprise has reported about three letters that have been released to them.

First Seguin Police Officer - Allegations of Some Type of "Criminal Complaint"

The first two letters, from Chief Kelso to the first officer, reference allegations of a "criminal complaint," and the placing of the first officer on paid leave. The second letter to this same officer forbids him from entering the Police Department "for any reason at any hour," and gives Kelso's request that the officer stay in his home and available to investigators during normal business hours.

Second Seguin Police Officer - Allegations of "Improper Relationship with a Minor Child"

The third letter was written by Seguin Chief Kelso to the second, unidentified officer just last Friday. This letter gives more details into what the allegations are against this Seguin cop, and the letter itself is quoted in the Seguin Gazette Enterprise and reprinted here:

“I am considering termination of your employment for conduct unbecoming an officer of the Seguin Police Department.... Specifically, it is alleged by two local educators that you have engaged in an improper relationship with a minor child and that you are responsible for inappropriate communications (text messages) with that child.”

Interestingly, the San Antonio Express News is reporting these two police officers as being one currently on the force, and one who has "recently left the force."

Sources:

Seguin Gazette-Enterprise
http://www.seguingazette.com/story.lasso?ewcd=22b2e3dd51dd606f

San Antonio Express News
http://www.mysanantonio.com/news/local_news/Texas_Rangers_probe_sex_allegations_against_Seguin_officers.html

JUDGE WATCH: Judge Samuel Kent Resigns in 2010 (Next Year)

2009-06-03T10:11:00.000-05:00

They may say a lot of things about Judge Samuel Kent but no one can say he's not clever.

As you know from earlier posts, Judge Kent took a plea deal and is set to start serving time next month for obstruction of justice in a case alleging sex crimes by the Judge against court employees. Being under official retirement age, Judge Kent sought special disability stature (he's claimed bipolar disorder, as well as depression and anxiety) in order to keep benefits coming to him that would otherwise go away with his leaving the bench.

Fifth Circuit's Edith Jones Letter

Edith Jones, Chief Justice of the Fifth Circuit Court of Appeals, nixed that in a formal letter posted here for your review. Justice Jones unequivocally shut the door on Judge Kent's disability claim.

Next move, Kent's. Judge Kent sent a formal letter of his own, resigning his position as a federal judge -- and here's the catch. He's resigning EFFECTIVE JUNE 2010. That's right. One year from now.

This keeps Kent's federal pay and benefits coming in for a full year after he goes to jail. And, by the time that Congress could finalize his impeachment proceedings, that year will have passed anyway.

Which is Kent's biggest argument and what some say is a clever masterstroke -- by sending this letter, Kent has kept his financial position intact for a year and he's made the impeachment relatively moot.

Except for those that are calling Kent's 2010 resignation letter "thumbing his nose at Congress," "outrageous" and something that "... continue[s] to prove that he is unworthy of public service...."

So, what's next?

Well, Congress is going to go forward with impeachment proceedings. And, let's not count out serious legal minds like Edith Jones to be thinking of ways to counter Judge Kent's latest move.

Judge Kent sure is manuevering like a master, especially for someone so overcome by mental conditions that he is to be considered completely disabled, huh?

Sources:

FoxNews
http://www.foxnews.com/politics/2009/06/02/texas-judge-facing-impeachment-sex-abuse-case-submits-resignation/

Houston Chronicle
http://www.chron.com/disp/story.mpl/front/6454143.html

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/

Crime News: 20th Dallas County DNA Exoneration Walks Free Today

2009-05-27T12:15:00.000-05:00

Today, Jerry Lee Evans will walk out of a Dallas courtroom a free man, at the age of 47, after spending 23 years behind bars for a crime he did not commit.

What Happened to Put The Wrong Man Behind Bars This Time?

Back in 1986, an 18-year-old woman in her first year at SMU was abducted and raped, at knifepoint, in the Deep Ellum district of Dallas. Jerry Lee Evans was picked up, and not only did he match the description given by the victim, he also had a similar speech impediment.

Now, prosecutors are explaining away their error by pointing the finger at the cops who questioned the teenaged rape victim. According to the head of the District Attorney's conviction integrity unit, man by the name of Mike Ware, Dallas cops had the girl look over a 6-picture photo spread.

No idea how long after the crime was committed that this occurred, or the state of the victim, emotionally or physically. At any rate, when they did this, they "were leading and encouraging" her to pick Jerry Lee Evans out of the 6 photo lineup in front of her. After she went along, Ware explained, the policeman were then "enthusiastically encouraging" to her. Good job. Right. Can't you just hear the "little lady" in there, somewhere?

DNA Exonerations: Jerry Evans is Number 20 for Dallas County

Jerry Lee Evans earns a small place in local history today, as the 20th innocent man to be exonerated by DNA in Dallas County, which is particularly interesting because Dallas County, Texas, has had more than DNA exonerations any other jurisdiction in the nation since the State of Texas started to allow post-conviction DNA testing.

Congratulations to Mr. Evans and his family today.

JUDGE WATCH: Impeachments of Keller and Kent Advancing Side by Side

2009-05-26T09:05:00.000-05:00

Just think. A year ago Christmas, you would have been reading about Sharon Keller, Chief Justice of the Texas Court of Criminal Appeals, and Samuel Kent, United States District Judge for the Southern District of Texas (Galveston Branch) with respect. The news reports would have been dealing with some case before them, or maybe some speech they gave at a civic event.

Today, the media coverage for both of them is all about their respective falls from grace.

The Kent - Keller Impeachment Race

We've already posted details about Justice Keller and Judge Kent here, no need to go back through those scandalous tales about how the two got to where they are today. However, there are new things on the horizon -- things that they now share. In a strange twist of fate, the two are in an Impeachment Race.

On Monday, the U.S. House of Representatives Began Its Impeachment Process Against Judge Kent

The Chairman of the House Judiciary Committee, John Conyers (D-Michigan) and the Committee's top Republican, Lamar Smith, are asking that Kent resign. Otherwise, the House is going to proceed with impeachment proceedings.

Why? Conyers and Smith don't want Judge Kent to get that $169,000 annual retirement pension that he's manuevering to get ... as we posted earlier, Kent is too young to get full retirement benefits based upon his age, so he's asserting a disability (it's grown to bipolar disorder since our last post) to keep that income (and assorted benefits) coming in.

Status: On May 12, 2009, HJC Member Jim Sensenbrenner (R-Wis) filed articles of impeachment against Kent. On May 13, 2009, the HJC voted to investigate Judge Kent for possible impeachment. So, the Congressional investigation has begun.

On April 28th, Texas State Rep Lon Burham Promised a Formal Motion to Impeach Keller Will Be Filed Soon with the Texas House

On April 28, 2009, on the steps of the Texas Capitol, State Representative Lon Burham (D-Fort Worth), called for the impeachment of Chief Justice Sharon Keller. Burham has told the media that he will be filing a formal motion to impeach Keller as soon as he collected enough votes to win that motion on a vote.

Status: Burham has already filed a resolution that establishes procedures for articles of impeachment to be created and voted upon, and the Texas House has already begun hearing testimony on the bill to impeach Justice Keller.

Over at Grits For Breakfast, there's talk that Burham will be able to get this to a record vote before the end of the session -- and if he does, and the vote comes down in favor of impeachment, then Justice Keller will be temporarily removed from office until her impeachment trial by the Senate is completed.

Impeachment Race Status: Kent is in the lead, but Keller's coming around the bend.

Sources:

Houston Chronicle
http://www.newschannel10.com/Global/story.asp?S=10355654

Fox News
http://www.foxnews.com/politics/2009/05/13/house-starts-impeachment-proceedings-federal-judge-sex-case/

Daily Texan
http://www.dailytexanonline.com/representative-initiates-efforts-for-impeachment-of-sharon-keller-1.1736566

Grits for Breakfast
http://gritsforbreakfast.blogspot.com/2009/05/sharon-keller-out-by-2010.html

Cop Watch: Starr County Sheriff Rey Guerra Pleads Guilty to Drug Smuggling

2009-05-20T09:42:00.000-05:00

Reymundo "Rey" Guerra was Sheriff of Starr County, Texas, for several years -- in fact, he was running for re-election last year when the FBI arrested him on drug trafficking charges. That made it hard for the citizens of Starr County since Rey Guerra was the only name on the ballot. They re-elected Guerra despite his troubles.

Guerra Was Re-elected and Had to Resign His Post - Twice

As a condition of his bond, Rey Guerra resigned his post before the election. Then, the voters elected him back as Sheriff, and he had to resign the post a second time. Yeah, this game of musical chairs really happened.

Sheriff Guerra wasn't busted all by himself -- he was first arrested as part of a big nationwide bust of Gulf Cartel members by the feds back last Fall. In fact, the feds describe him as a "minor participant" in the Cartel's operations.

What Did Starr County Sheriff Rey Guerra Do That Was So Wrong?

Seems there was a human smuggling group in the Starr County area led by a man who used to be a cop in Mexico, name of Jose Carlos Hinojosa. Guerra and Hinojosa met when they were both in law enforcement.

However, like many stories out of Mexico these days, Hinojosa traded his job with Mexican law authorities for employment with a national drug organization: this one, the infamous Zetas. The Zetas are a feared paramilitary group with close affiilations with the Gulf Cartel. (Hinojosa's already pled guilty to drug trafficking and money laundering conspiracy.)

Hinojosa would help Guerra get suspects back from Mexico who had escaped across the border, and in exchange, Guerra would give Hinojosa the names and contact information of informants targeted for raids in Starr County. Guerra didn't do this thinking that Hinojosa was still a cop -- Guerra did this knowing that Hinojosa was now a member of the Zetas, and had apparently known this as far back as January 2007.

Oh, and Guerra also got paid $2,000 - $3,000 for each scoop on informants he provided.

Now, he's pled guilty to one federal count of drug smuggling conspiracy, just one week before his trial.

As part of his plea deal with the U.S. Attorney's Office, Sheriff Rey Guerra has admitted to using his elected office as Sheriff of Starr County, Texas, to help drug dealers (read that the Gulf Cartel and the Zetas) as they trafficked in narcotics in Starr County and Miguel Alemán, Tamps, Mexico.

Right now, ex-Sheriff Guerra faces spending the rest of his life in prison. The federal sentencing hearing is set for July.

And, if you're thinking that putting a former Sheriff into a federal prison for the rest of his life is akin to a death sentence of sorts, you might well be right.

Sources:

The Monitor
http://www.themonitor.com/articles/sheriff-26040-guilty-starr.html

The Brownsville Herald
http://www.brownsvilleherald.com/news/sheriff-97563-guilty-starr.html

The Associated Press
http://www.google.com/hostednews/ap/article/ALeqM5j-jrJN7CWIGaTnumy_YsWHTHoprAD97TKOV82

Cop Watch: Galveston County Cops Use Taser and Man Dies

2009-05-18T09:42:00.000-05:00

The news reports are still somewhat sketchy at this point, but on Sunday night a man was obviously under the influence of something -- drugs or alcohol -- and some cops in Galveston County tried to bust him.

It happened in La Marque. It wasn't that late -- just a bit after nine o'clock last night. Media reports are that someone called the cops, complaining about this guy acting loopy.

LaMarque Cops Taser the Guy and He Dies

When the police found him, the guy was rolling around in a ditch near the intersection of Main and Lake. According to news reports, when local cops tried to bust him he fought back, and some cop decided to use the Taser.

So, the loopy guy got Tasered and that's all we know. Except that apparently, things took a serious toll because the next thing we know at this point is that the man was taken to Mainland General Hospital -- where he died.

Investigation of the Policemen Involved in this Incident Already Begun

The four cops at the scene have been placed on desk duty until an investigation is completed. According to the media, none of them have any serious injuries, but there may be an admission that they were checked out at the hospital, as well, last night.

Remember the Wedding Last March? Galveston Cops Already Have a National Reputation for Excessive Force

Last March, we posted about the wedding where Houston Astros pitcher Brandon Backe got busted in a ruckus at a wedding reception where there's video of the Galveston cops using a stun gun on the father of the bride.

Remember the Police Chief last month who Tasered His Own Wife?

And, in April, we wrote about the Oakwood Police Chief who used a Taser on his own wife. Yep, his own wife.

Does anyone see a theme here? Maybe Texas legislators need to investigate a possible state-wide problem of Taser-happy cops?

Sources:

Houston Chronicle
http://www.chron.com/disp/story.mpl/front/6429054.html

My Fox - Houston
http://www.myfoxhouston.com/dpp/news/local/090518_la_marque_police_death

ABC13
http://abclocal.go.com/ktrk/story?section=news/local&id=6818024

DA Watch: Whistleblower San Marcos DA Lynn Peach Resigned Yesterday

2009-05-13T09:27:00.000-05:00

Lynn Peach went through law school and started building a legal career in what she thought would be a life as a career prosecutor. Lynn Peach thought she was one of the good guys, pursuing justice.

And she is, just not in the way that she thought.

On Monday, Hays County Assistant District Attorney Lynn Peach resigned her position there in San Marcos, telling reporters that she had no choice due to the “...profound philosophical differences..." between the Hays County District Attorney's policies and what she thinks is right.

Peach is hanging up a shingle in San Marcos, and starting up her own private legal practice. And yes, she says, "I believe that I did the right thing.”

What Happened Here? Lynn Peach Revealed Some Sneaky Business With an Informant

Then Assistant District Attorney Peach discovered, and revealed in open testimony, that the original informant against Shawn Nathan Shipman (a 29-year-old local facing assorted narcotics charges) was a snitch (aka "confidential informant") who had been cooperating with the San Marcos cops to feather her own nest -- she had some legal troubles of her own, and was trying to help herself out with the scoop on Shipman. The snitch was successful: in exchange for her info, her case was dropped.

Was this told to the defense, or to the courtroom? No. And this is the deceit that Peach sought to rectify. The untrue story that was first told was that the informant was "a concerned citizen," and it was told by San Marcos Police Department Detective Laray Taylor and Hays County Assistant District Attorney Chris Johnson represented this false story to be true. Peach called it all fraud on the court.

The Cops Lied and the DA Told, and Now She's Quit

Lynn Peach took the stand and revealed the truth about the informant in this case. Shipman is getting a new trial. The District Judge in the case, Jack Robison, has recused himself (i.e., quit the case) and the Hays County District Attorney's office offered no objection to Shipman's request for a new trial.

So, Shawn Shipman got a new trial on May 4th -- and on May 11th, Lynn Peach got a new chapter in life.

Welcome to the other side of the docket, Sister Peach.

Source:

SanMarcosNewsStreamz.com
http://www.newstreamz.com/2009/05/12/peach-resigns-in-protest-from-das-office/

San Marcos Mercury
http://www.sanmarcosmercury.com/archives/8436

JUDGE WATCH: Federal Judge Samuel Kent Getting Sentenced Today

2009-05-11T09:36:00.000-05:00

This blog first posted about Galveston's federal judge Samuel Kent back in October, when Judge Kent made history as the first federal judge -- EVER -- to be indicted for sex crimes. Tidbits from that first post:

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....
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....
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).

Then, in January 2009, this blog updated this story, with news that new charges had been added to Judge Kent's indictment while Judge Kent was still setting on the bench, pending trial:

So, right now, over in the Houston federal courthouse, you've got District Judge Samuel Kent working away after being transferred to Houston from his longtime bench in Galveston after becoming this infamous, indicted judge. And, down the hall, you've got the very same District Judge Samuel Kent facing trial later this month for these various sex crimes....

And, if that weren't bizarre enough for you -- last Friday, Judge Kent got three new charges added to his indictment which brought in a second female court employee alleging that Judge Kent had performed acts that amount to aggravated sexual abuse and abusive sexual contact. Also added, an obstruction of justice charge.

It's reported that his attorney, Dick DeGuerin, says that these new charges aren't true but he can't say more than that, because there is a gag order in place....

By adding this new spin to the indictment, Judge Kent not only has to defend against what two women are saying he did, but he's got to face off against investigators and the like, who are going to tell a jury that Kent lied to them about things, thwarting their efforts.

As Martha [Stewart] can tell you, under an obstruction charge, you don't have to be guilty of the crime being investigated to be guilty of obstruction. And you still face a significant punishment: on obstruction alone, Judge Kent could face 20 years imprisonment - and that's before you begin to consider the ramifications to his legal career....

Charging obstruction is a scary thing -- regardless of how horrid the alleged conduct might be, having grand juries tack these charges onto indictments is getting to be pretty Big Brother-y for some: you've got the constitutional right not to incriminate yourself, but absent taking the 5th how much leeway does a defendant having these days in dealing with the legal authorities?

Creating criminal liability where there wasn't any beforehand is a danger to justice, and something we all need to be watching, as many scholars are warning against prosecutors' "creative interpretation" of the obstruction statutes.

Now, there's more news. Today, Judge Kent will be sentenced in federal court, after entering into a plea agreement.

Seems that last winter, right as jury selection was beginning for his trial, Judge Kent agreed to a plea bargain and avoided a public trial which promised to contain some very scandalous evidence. (See the January post for details.)

At the time of the plea, Judge Kent admitted sexual contact with the two female complaintants occurred, and was against their will. He also informed the court that he intended to retire based upon a disability (at 59, if he resigns he gets no pension - he'd have to be 65 or older for that), and that he was under the care of both a psychologist and psychiatrist at the time of the plea, as well as being on medication for depression and anxiety.

So, it looks like the deal that was made boils down to this: admit to the guilt regarding the sexual contact, and keep your pension.

Let's see if the visiting Florida judge goes along with it.

And, let's see if we ever hear anything more on those obstruction of justice charges -- were they merely a prosecutorial tool used to force a plea in a case that would otherwise be one person's word against the others? Those details should come to light at some point.

Sources:

Houston Chronicle
http://www.chron.com/disp/story.mpl/ap/tx/6417925.html

Cop Watch: Head of DPS Suddenly Resigns After He's Accused of Sexual Harassment and Unprofessional Conduct

2009-05-06T12:31:00.000-05:00

What was Col. Stanley E. Clark possibly thinking when he was blowing kisses to female employees, touching them inappropriately, and calling one veteran employee "his girl"? Sometimes, you just gotta shake your head and wonder.

Here's the story of how 60 year old Col. Clark made some really stupid choices.

The Texas Department of Public Safety is a big deal here in Texas. DPS issues all motor vehicle licenses for the State of Texas and it regulates all the motor vehicles in the State. Everyone residing and driving on Texas roads today (legally) has been okayed by DPS to do so.

DPS is the State's Law Enforcement Agency, Responsible for Curtailing Drug Trafficking and Organized Crime Across the State

DPS is also responsible for statewide law enforcement. It's the state cop agency.

The DPS Criminal Law Enforcement Division has a big job here in Texas, because it is the agency assigned the big job of dealing with drug trafficking and organized crime across the state. That's a very, very big deal these days.

DPS also has a huge crime lab, which helps out other law enforcement agencies across the state. (How well it does this is a different post, for a different day.)

DPS is home to the Texas Rangers

And, DPS is home to the Texas Highway Patrol as well as the internationally known Texas Rangers. You know, the modern-day versions of Lonesome Dove's Woodrow Call and Gus McCrae.

So, you get the idea. The Texas Department of Public Safety is one big, giganto deal to be assigned the job of overseeing. Big Kahuna time.

Once in a Lifetime Opportunity

And, when the Governor's Mansion burned down last fall, the head of DPS retired and an interim director got to step up to the plate. That guy was Col. Stanley Clark, 60 years old, and here he was: running the Top Cop Shop in Texas.

Wow.

Here was a guy who was a lifer -- he'd started as a highway patrolman 36 years ago, and risen through the ranks. A real American success story.

Now, less than a year after Clark got the Big New Job, a bunch of female employees have all filed statements against him, and characterizing Col. Clark has gone from a vision of John Wayne in The Comancheros to Jackie Gleason in Smokey and the Bandit.

Legislative Review of the Department of Public Safety

So, what happens now? Perhaps Col. Clark retires to his home in East Texas. Who knows who gets the Top Cop job next -- but it's already in the works that an Inspector General may be named, who would report any oversights within the agency to the Texas Legislature. And, there's talk of a major overhaul of the entire DPS organization.

With Justice Keller and now Col. Clark, what IS the state of Texas criminal law today?

Sources:

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-dps_05tex.ART.State.Edition2.4a5a490.html

Houston Chronicle
http://www.chron.com/disp/story.mpl/front/6409776.html

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

DA Watch: Houston DA Getting Ready to Try Really, Really Old Homicide Cases

2009-04-29T10:18:00.000-05:00

There's lots of news today regarding the spreading of swine flu around the world, along with statewide coverage of Justice Sharon Keller's pending impeachment by the Texas Legislature and the death of longtime Tarrant District Attorney Tim Curry, who recently lost his battle with cancer.

So, it's interesting that this UPI story isn't getting more coverage.

Apparently, over in Harris County, there are cases dating back to 1970 that are open homicide matters, but they've never been tried.

That's right. Defendants have been arrested and told they're going to be tried for murder. And then the clock stops. They're in limbo. And, according to press reports, there are over 600 of them.

What about the Constitutional Guarantee of a Speedy Trial?

Well, of course, the Constitution does guarantee that defendants do have the right to a speedy trial. However, there are many defense reasons why that right isn't exercised.

Say you want your speedy trial, and you've got a really short time frame to gather your defense evidence -- all your witnesses, your experts, your lab results, ... you get the idea. In this day and age, sometimes asserting the right to a speedy trial isn't in the defendant's best interests when it comes to fully preparing a proper defense.

What Happens to these Defendants?

Well, Houston DA Pat Lycos has ordered her people to set up some kind of system to try and track these defendants down, so Harris County can have criminal trials for crimes that have occurred as long as 38 years ago.

Don't you remember what you were doing back in 1970? Let's see.

Simon & Garfunkel had the number one hit song on Billboard with "Bridge over Troubled Water."
"Patton" won the Best Picture Oscar that year.
The Beatles gave their last live performance that year, and announced they were breaking up.
The first New York City marathon was run.
The Vietnam War was still raging.
The Chevy Vega and the Ford Pinto were introduced.
Richard Nixon was President; Barack Obama was 9 years old.

Yeah. No evidence problem here.

Sources:

UPI
http://www.upi.com/Top_News/2009/04/26/Texas-county-behind-on-homicide-cases/UPI-55981240771675/

Wikipedia - 1970
http://en.wikipedia.org/wiki/1970

Crime News: In the Real World, You Cannot Trust the Lab Results of CSI

2009-04-27T09:53:00.000-05:00

You know you've watched more CSI episodes than you should.

There's CSI in Vegas, and CSI in Miami, and CSI in New York. And they're all intertwined with the police department (think Horatio drawing his gun in almost every episode) - and on the screen, it's all good. The bad guys get caught. Gil and Sara live happily ever after in the jungle. You finally think of Gary Sinise as someone other than Lt. Dan.

In Real Life, It's Not Like the TV Shows

But in real life, it's very dangerous to have the crime lab intertwined with the police department. In fact, it's causing real harm and innocent people are being hurt while the guilty go free.

Example of Errors at the Houston Crime Lab: Gary Richard's Case

Just last Friday, both prosecutors and defense counsel agreed that new lab tests confirmed that a Houston Police Department crime lab analyst intentionally lied at the trial of Gary Richard and did not report on evidence that was beneficial to the defense.

Gary Alvin Richard, now in his mid-50s, is serving a life sentence for the 1987 attack and rape of a Harris County nursing student - but his claims of innocence may now be respected, since this new evidence of a biased crime lab has come to light. Richard was convicted almost 100% on the blood-typing evidence from the Houston Police Department crime lab.

Richard will be out on bond

This week, there will be an agreed motion presented to the judge in Richard's case, asking that he be released on bond while everyone tries to get to the truth in this case.

Richard's Case is not a Fluke

Even lab techs are human, you may think. There will be human error in a crime lab. And, that's true. The potential for human error must always be considered anytime humans are involved.

But there's more than an innocent mistake here. The Richard case was an intentional misleading of the jury. That's not disputed.

And, this isn't the only example of the Houston crime lab results being scewed to support the prosecution's case. The Houston Crime Lab is notoriously biased.

Reputation of the Houston Crime Lab is That the Lab is Biased

Assuming that Gary Richard is cleared, he will be the 4th Houston defendant in the past two years cleared of charges after being convicted because of the Houston crime lab's erroneous blood typing evidence.

Back in the Fall of 2007, DNA evidence cleared Ron Taylor of a rape charge (the Houston lab's tests of bodily fluids in that case were shown to be wrong). Taylor's case first revealed the crack in the Houston Crime Lab's system, and as of today's date, 160 cases (in addition to Richard's) are being reviewed by an independent investigator.

Sources:

Houston Chronicle
http://www.chron.com/disp/story.mpl/ap/tx/6392132.html

USA Today
http://blogs.usatoday.com/oped/2009/04/real-life-csi-rife-with-conflicts-of-interest.html

Houston Observer
http://blogs.houstonpress.com/hairballs/2009/04/dna_crime_lab_raby.php

JUDGE WATCH: Legal Hotshots From Across the Country Want Keller Removed and Her Attorney's Response Is Weak

2009-04-22T09:43:00.000-05:00

Yesterday, Chip Babcock officially responded to the 24 legal ethicists from across the country -- who got together earlier this month and sent their written "declaration" to the Texas Commission of Judicial Conduct, declaring that in their august opinion, Chief Justice Sharon Keller should be removed from her position on the Texas Court of Criminal Appeals.

What did Chip Babcock say?

He was surprised. He thought they would have looked at both sides of the story, but he thinks they've only looked at the allegations and the media reports on Justice Keller. He thinks they didn't look at Justice Keller's response. And, finally, he thinks they're doing it for the publicity.

Right. Mike Tigar and Company are such media hounds.

First, here's what the Declaration says.

1. They aren't finders of fact, but they believe that her omissions from full financial disclosure are one basis for her removal.

These omissions aren't a contested issue here. Keller's attorney, Ed Shack, isn't denying they exist. Instead, Shack has come forward to argue that Justice Keller didn't know her father had placed real estate holdings in her name and the omissions are really just a "clerical error."

2. They aren't finders of fact, but they beleive that Justice Keller's 'lack of impartiality and failure to recuse herself" in the Michael Richard case is another basis for her removal. (Read about the Richard case in our earlier post.)

Who are these legal ethicists?

They are 24 legal scholars from across the country, well-respected among the legal community. Many are law professors. They include Mike Tigar from Duke University (Tigar used to be at UT-Law) and Lawrence Fox, Harvard Law School Lecturer and Former Chair of the ABA Committee of Ethics and Professional Responsibility. (For the full listing of signatories with their credentials, check out the pdf of the Declaration, shown below.)

What are the real estate holdings that were omitted?

According to the Dallas Morning News (link shown below), they included the following holdings:

1. Seven (7) residential and commercial properties totalling in value (according to the county appraisal district records) at approximately $1.9 million. They include 2 houses that together add up to over $1,000,000 in the Keller Family Compound located across from the Dallas Arboretum. Justice Keller is listed as sole owner of these two homes under the name of "Sharon Batjer," her married name (she divorced Batjer over twenty years ago, in 1982).

2. Two (2) holding that total in value to approximately $823,000. One is a vacant commercial lot in Euless. The other is a commercial property that adjoins Keller's Drive-In on East Northwest Highway, a landmark in the hamburger restaurant chain which has been operated since 1965 by the judge's father, Jack Keller.

3. Three (3) pieces of real estate with a total value estimated at $114,000, which are held in the name of Justice Keller's 27-year-old son, that's right -- 27 -- who is going to law school right now. Justice Keller is claiming this adult son as her dependent.

That's some clerical error.

Sources:

The Declaration
http://standdown.typepad.com/KELLER-CumminsFiling-TCJC.pdf

Dallas Morning News
http://crimeblog.dallasnews.com/archives/2009/04/ethicists-weigh-in-on-keller-c.html

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/033009dnprokellerasets.3df3149.html

Austin American Statesman
http://www.statesman.com/news/content/news/stories/local/03/25/0325keller.html?cxntlid=inform_sr