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:

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

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

This should be an interesting trial, folks. 

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

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

What Got Dupree Behind Bars

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

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

What Got Dupree Released

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

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

Lesson Learned, Again: Eyewitness Testimony Isn't Reliable

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

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

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

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

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

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

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

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

Who is Sheriff West anyway?

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

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

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

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

Willie Nelson Starts the "Teapot Party"

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

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

Happy Veterans Day 2010

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

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

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

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

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

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

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

Does it Matter?

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

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

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

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

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

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

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

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

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

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

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

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

Was Cameron Todd Willingham Innocent?

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

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

What Does This Mean for Us? 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DPS Trooper Shoots Driver After Pulling Him Over For Speeding

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

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

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

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

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

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

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

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

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

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

So, looks like the guy was not armed. 

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

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

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

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

What's to learn here? 

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

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

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

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

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

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

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

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

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

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

Torres Suffered Minor Injuries From Officer Babb's Actions

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

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

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

What Happened to Torres?

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

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

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

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

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

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

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

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

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

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

Let's watch and see what happens here.

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

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

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

Florida v. Powell

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

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


Maryland v. Shatzer

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

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

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

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

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

Cops Admit that Dallas Crime Records Are Not Accurate

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

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

What About Uniform Crime Statistics Across the Country?

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

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

Dallas Cops v FBI?

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

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

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

The Backstory: a Gunbattle Last Month ....

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

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

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

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

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

Dontell was a troubled kid

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

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

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

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

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

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

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

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

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

Part of the TYC Fix was the Appointment of an Ombudsman

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

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

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

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

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

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

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

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

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

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

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

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

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

Why should we care?

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

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

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

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

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

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

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

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

August 2009: Taser Death of Michael Jacobs

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

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

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

May 2009: Cops Taser the Town Drunk and Kill Him

April 2009: Cop Tasers His Own Wife

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

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

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

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

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

Listen.

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

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

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

Indictments and a Civil Lawsuit are Pending

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

Excessive force. What do you think?

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

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

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

What is an expunged record?

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

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

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

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

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

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

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

That's not right. That's unfair.

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

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

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

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

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

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

Is this happening in places other than El Paso?

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

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

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

And Samuel Kent surprised everyone once again, this week.

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

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

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

Another surprise from Judge Kent.

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

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

Meantime, one has to wonder: book deal?

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

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

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

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

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

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

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

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

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

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

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

The Numbers So Far

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

1. $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.
2. $267,449 on travel.
3. $581,000 in operating expenses.
4. $19,987 on equipment.
5. $154,213 on supplies.

Has a Law Been Violated by Garza?

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

Stay tuned.

Sources:

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

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

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

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

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

Her daddy didn't tell her.

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

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

Lawyers never think of things like that.

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

What are these assets?

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

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

Must've Been A Nice Surprise

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

Sources:

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

JUDGE WATCH: Another Texas Judge Arrested by the FBI

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

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

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

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

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

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

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

Shocking Blow to a Once-Promising Career

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

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

What Happens to Manuel Barraza?

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



Sources:

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

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

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

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

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

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

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

Texas Ethics Commission Clears Justice Hecht

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

Justice Hecht Accused of Using Political Contributions for Personal Use

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

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

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

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

That's Not All Folks ....

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

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


Sources:

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

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

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

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

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

The feds got themselves another Texas Sheriff last week.

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

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

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

The Backstory on Sheriff Bill

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

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

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

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

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

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

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

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

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

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

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

Sources:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

No kidding, serious as a heart attack.

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

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

Once again, I could not make this stuff up.


Sources:

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

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

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

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

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

Why?

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

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

Here's the backstory:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Who Was Corey Bailey?

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

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

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

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

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

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

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


Source:

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

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

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

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

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

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

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

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

Read the full editorial here:

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

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

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

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

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

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

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

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

JEHT Foundation Closed Its Doors on December 15, 2008

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

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

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

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

What Happens With the Innocence Project of Texas?

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

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

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

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

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

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


Sources:

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

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

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

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

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

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

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

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

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

Who is this kid?

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

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

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

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

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

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

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

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

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

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

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

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

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

12. He had been given Prozac for depression.

What? What's going on here?

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

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

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

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

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

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

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

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

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

Sources:

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

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

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