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.
Wednesday, September 07, 2011
Wednesday, August 03, 2011
Dallas Cop Busted on Domestic Violence Charges, "Not Sober" When Arrested
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.
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.
Wednesday, July 06, 2011
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
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.
Wednesday, June 01, 2011
Texas Cops Shoot to Kill - Two Young Men in Beeville, Austin Die From Cop's Guns This Week
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.
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.
Thursday, May 05, 2011
Get Ready for Statewide Click It or Ticket Campaign: May 23 - June 5, 2011
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.
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.
Wednesday, April 06, 2011
Texas Judge Arrested and Immediately Pleads Guilty to $250,000+ in Bribes, More Arrests Coming
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....
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....
Wednesday, March 02, 2011
Fort Worth Cop Shoots, Kills Local Man In Front of His Three Kids
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) ....
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) ....
Wednesday, February 02, 2011
Texas Judge Busted By Feds for Taking KickBacks During Hurricane Ike CleanUp
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:
This should be an interesting trial, folks.
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.
Wednesday, January 05, 2011
Cornelius Dupree Freed as Innocent Man after 30 Years in Texas Jail: The Unreliability of Eyewitness Testimony
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.
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.
Wednesday, December 01, 2010
Sheriff Arvin West: the Man Who Busted Willie Nelson for Pot over Thanksgiving Weekend
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?
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?
Thursday, November 11, 2010
Wednesday, November 03, 2010
Texas Supreme Court and Texas Court of Criminal Appeals: 100% Republican
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?
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?
Wednesday, October 06, 2010
Did Texas Execute an Innocent Man? Court of Inquiry Into Execution of Cameron Todd Willingham Starts Today - Maybe
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.
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.
Wednesday, September 01, 2010
DPS Trooper Busted for Selling Real Texas Drivers' Licenses to Illegal Immigrants
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.
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.
Wednesday, August 04, 2010
Ex-Judge Samuel Kent Wants Out of Jail: It's Been a Cruel and Abusive Experience. Surprise.
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.
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.
Wednesday, July 07, 2010
DPS Trooper Shoots Driver After Pulling Him Over For Speeding
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.
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.
Thursday, June 03, 2010
Dallas Police Officer Indicted by Grand Jury for Oppression and Tampering with Police Report
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."
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."
Wednesday, April 07, 2010
Dallas Grand Jury Subpoenas County Constable Adamcik - The Towing Plot Thickens?
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.
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.
Monday, March 01, 2010
Miranda Warnings Changed By US Supreme Court Last Week - And It's Not Good News
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?
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?
Monday, February 01, 2010
Cops Admit that Dallas Crime Records Are Not Accurate
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.
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.
Monday, January 04, 2010
Cop Watch: What's With All the Gunfights Down in Pleasant Grove?
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?
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?
Wednesday, December 02, 2009
JUDGE WATCH: Former Dallas Judge and TYC Ombudsman Faces Felony Indictment
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?
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?
Monday, November 02, 2009
Cop Watch: Dallas County Constable's Computers Taken Over, What About Our Privacy Rights?
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?
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?
Monday, October 05, 2009
Cop Watch: Dallas Cop Tasers Himself, Goes to Hospital, Becomes Hit on Digg.Com
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?????
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?????
Wednesday, September 02, 2009
Cop Watch: Beaumont Cops Dash Cam Video Released of 2007 Arrest
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?
Monday, August 03, 2009
DA Watch: El Paso District Attorney Investigates Potential Jurors Including Expunged Records
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.
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.
Wednesday, July 01, 2009
JUDGE WATCH: Another Surprise Move by Judge Samuel Kent as He Resigns Effective June 30, 2009
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?
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?
Monday, June 01, 2009
DA Watch: Former Jim Wells County DA Joe Frank Garza Spent Millions in Drug Money on Vegas Trips and 3 Secretaries
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.
Barrera's reporting that Garza spent lots of money on three particular secretaries.
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:
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/
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.
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/
Monday, May 04, 2009
JUDGE WATCH: Justice Sharon Keller Amends Her Financial Report, It's Up $2.4 Million
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
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
Monday, April 06, 2009
JUDGE WATCH: Another Texas Judge Arrested by the FBI
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
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
Monday, March 02, 2009
JUDGE WATCH: Texas Supreme Court Justice Nathan Hecht - Ethics Complaint Dismissed for Insufficient Evidence
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
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
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