Now I don't usually take to these pages with a self-congratulatory blog post after getting a positive result. That's self-serving and doesn't serve the purpose for which I started up this blog almost six years ago.
But yesterday I got to do something pretty damn cool. I got to call up a client and tell him that his felony dope conviction was overturned by the Court of Criminal Appeals. After almost two years and two previous denials of relief, the CCA granted our writ on the third attempt.
Our work to reverse the conviction came about when it was revealed that a DPS lab analyst, Jonathan Salvador, had been caught faking test results in drug cases. At first the writs were being granted and convictions were being reversed - until someone in Austin realized just how many cases were affected. We certainly couldn't have a bunch of judges in Austin reversing thousands of felony drug convictions just because the lab analyst was caught cheating now, could we?
The Court tried to make it harder to obtain relief by making applicants show a pattern of misbehavior on the part of Mr. Salvador. That hurdle was overcome when it was discovered that there were other tests that appeared to have been faked over the years.
Credit must also go to Galveston County District Attorney Jack Roady who made a decision that his office would be more interested in seeing that justice was done than in preserving convictions. Assistant District Attorney Virginia Jones who is a fellow marathoner (but a whole lot faster than me) and works in the appellate division of the office also deserves credit for the integrity she displayed during the entire episode.
And, while I'm doling out huzzahs, a final one goes out to the Honorable Bret Griffin, the Presiding Judge in the 212th Judicial District Court in Galveston County. When we sat back in his chambers a few months ago after our second request was denied by the CCA, he told us that he thought the Court's decision in the Coty case was wrong.
In the end my client is happy now that this five-year long roller coaster ride is over. And that's one of the reasons we do what we do.
Showing posts with label Galveston County DA's Office. Show all posts
Showing posts with label Galveston County DA's Office. Show all posts
Thursday, June 12, 2014
Tuesday, April 3, 2012
DA drops case against blogger
Barbara Nichols got her panties in a wad. Ms. Nichols called the local police. The local police chief, Kenneth Cook, called the District Attorney's Office. The DA's Office gave the police chief the thumbs up. The local police arrested a blogger. The DA charged the blogger with online impersonation. The DA then realized he would end up with a bunch of egg on his face so he reversed course.
Allan Batchelor is the man behind Island Drumz, a blog about the goings-on in the enclave of Clear Lake Shores in Galveston County. Some of his posts deal with politics. Some of the rhetoric can get heated. Apparently Mr. Batchelor had some unflattering things to say about Ms. Nichols, the wife of city council candidate John Nichols. According to Ms. Nichols, Mr. Batchelor posted a comment with her address asking people to send her spam and viruses.
Here is what the fuss was all about. Since the incident, Mr. Batchelor removed Ms. Nichols' email address from the post.
Section 33.07 of the Texas Penal Code defines the elements of online impersonation. We know Mr. Batchelor was charged with an offense of 33.07(b) because he was charged with a Class A misdemeanor, according to his account of his time in jail. Of course the immediate problem with charging Mr. Batchelor with online impersonation is, well, he made no attempt to give the impression that he was Ms. Nichols.
All of this over a city council race in a little pimple of town that no one outside of Clear Lake Shores has ever heard of (except for me since I once represented a man accused of cursing out a waitress at the local IHOP. The municipal court is housed in a restaurant/community center and the "judge's chambers" are the kitchen.).
Publishing Ms. Nichols' e-mail address probably wasn't the smartest thing Mr. Batchelor could have done - but it certainly wasn't the worst. I'm sure there are plenty of folks in Clear Lake Shores who knew Ms. Nichols' e-mail address from the broadcast e-mails she sent out.
But to charge a man with a criminal offense because the wife of a city council candidate was offended is beyond absurd. It reflects poorly on the police chief who either had nothing better to do or wasn't smart enough to figure out it was a bad idea. It reflects poorly on the Galveston County DA's Office who authorized the filing of the charges for a case it could never hope to prosecute.
H/T Grits for Breakfast
Allan Batchelor is the man behind Island Drumz, a blog about the goings-on in the enclave of Clear Lake Shores in Galveston County. Some of his posts deal with politics. Some of the rhetoric can get heated. Apparently Mr. Batchelor had some unflattering things to say about Ms. Nichols, the wife of city council candidate John Nichols. According to Ms. Nichols, Mr. Batchelor posted a comment with her address asking people to send her spam and viruses.
Here is what the fuss was all about. Since the incident, Mr. Batchelor removed Ms. Nichols' email address from the post.
Let’s jump back to my distribution list for a minute. How many of you got an email from Barbara today? I offer you my most sincere apologies. That is an old chili invitation list that somehow ended up on Barb’s computer. I asked her last year to please do not broadcast emails out in the open like that but I can see my plea for your privacy fell on deaf ears. Looks like she is practicing being an elected official. Mrs. Nichols, __________ I hope you get all the SPAM you deserve. You obviously have no concern for our privacy so I will wish the PC virus demons from hell on your inbox. I hope the rest of you have let Barb know you wish her well.
Section 33.07 of the Texas Penal Code defines the elements of online impersonation. We know Mr. Batchelor was charged with an offense of 33.07(b) because he was charged with a Class A misdemeanor, according to his account of his time in jail. Of course the immediate problem with charging Mr. Batchelor with online impersonation is, well, he made no attempt to give the impression that he was Ms. Nichols.
A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person: (1) without obtaining the other person's consent; (2) with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and (3) with the intent to harm or defraud any person.
All of this over a city council race in a little pimple of town that no one outside of Clear Lake Shores has ever heard of (except for me since I once represented a man accused of cursing out a waitress at the local IHOP. The municipal court is housed in a restaurant/community center and the "judge's chambers" are the kitchen.).
Publishing Ms. Nichols' e-mail address probably wasn't the smartest thing Mr. Batchelor could have done - but it certainly wasn't the worst. I'm sure there are plenty of folks in Clear Lake Shores who knew Ms. Nichols' e-mail address from the broadcast e-mails she sent out.
But to charge a man with a criminal offense because the wife of a city council candidate was offended is beyond absurd. It reflects poorly on the police chief who either had nothing better to do or wasn't smart enough to figure out it was a bad idea. It reflects poorly on the Galveston County DA's Office who authorized the filing of the charges for a case it could never hope to prosecute.
H/T Grits for Breakfast
Wednesday, March 21, 2012
Getting credit where credit isn't due
A man who puts out a fire on his neighbor's property should be commended for his actions. Going out of one's way to help someone else is a noble deed. Even more so when that person places his life in danger in coming to the aid of another.
But when the man putting out the fire is the same man who set it - well, that's a different story altogether.
And so it goes down south of Houston in Galveston County.
Y'all may remember my post a couple of weeks ago about the Galveston County Jail recording conversations between inmates and their attorneys. Galveston County DA Jack Roady said he would get to the bottom of the cess pool and stop the recordings.
Well, Jack didn't exactly move at the speed of light to insure that the rights of inmates in the county jail were protected after State District Judge Susan Criss shone a little light on the problem.
Of course we'll never the know the full extent to which Galveston County violated the rights of those it held in custody. The mere fact that the conversations were recorded violates the right of the accused to have privileged communication with his or her attorney. If they're taping phone calls between inmates and attorneys, what other rights are being trampled on down along the coast?
And, what's this - the Harris County Jail is doing the same thing?
There is no need to praise Galveston County Sheriff Freddie Poor or Harris County Sheriff Adrian Garcia (or whatever PR flack he puts out in front of the cameras) for ending the practice. No one involved in this mess should be lauded for doing the right thing and putting an end to an illegal practice.
What else aren't we being told? Hmm, might want to get on that right away and let us know.
But when the man putting out the fire is the same man who set it - well, that's a different story altogether.
And so it goes down south of Houston in Galveston County.
Y'all may remember my post a couple of weeks ago about the Galveston County Jail recording conversations between inmates and their attorneys. Galveston County DA Jack Roady said he would get to the bottom of the cess pool and stop the recordings.
Well, Jack didn't exactly move at the speed of light to insure that the rights of inmates in the county jail were protected after State District Judge Susan Criss shone a little light on the problem.
"What's to prevent a sheriff's deputy from listening to a call and finding other evidence that was illegally derived and then it's given to the prosecutor? - Gary Trichter, TCDLA PresidentTo his credit, Mr. Roady did ask his prosecutors if any of them had ever listened in on a conversation between an inmate and his attorney. Only one raised his hand. Whether that means that no one else did, or that no one else is willing to admit it, I don't know. I certainly hope that it's the former.
Of course we'll never the know the full extent to which Galveston County violated the rights of those it held in custody. The mere fact that the conversations were recorded violates the right of the accused to have privileged communication with his or her attorney. If they're taping phone calls between inmates and attorneys, what other rights are being trampled on down along the coast?
And, what's this - the Harris County Jail is doing the same thing?
The Harris County Jail also has been routinely recording all conversations, including those between attorneys and clients, but is trying to change the practice, sheriff's spokesman Alan Bernstein said. Bernstein said the jail has been programming defense attorney phone numbers into the system over the past few months.These are the same folks who want to install a video conferencing system to cut down on the cost of in-person visits. These are the same folks who swear up and down that they won't be recording or listening in on privileged communications on the proposed system. But here they are making a mockery of the right to converse with an attorney in confidence.
There is no need to praise Galveston County Sheriff Freddie Poor or Harris County Sheriff Adrian Garcia (or whatever PR flack he puts out in front of the cameras) for ending the practice. No one involved in this mess should be lauded for doing the right thing and putting an end to an illegal practice.
What else aren't we being told? Hmm, might want to get on that right away and let us know.
Monday, March 5, 2012
Listening in
While Harris County is looking to install video conferencing in the jail and promising that the integrity of the attorney-client relationship will not be compromised, the word on the street is that the Galveston County Jail was recording phone calls from the jail between inmates and their attorneys. And, as if that's not bad enough, some of these recordings were forwarded to the Galveston County District Attorney's Office.
Of course Jack Roady, the Galveston County DA, claims that the procedure is being stopped. Excuse me, Jack? "Being stopped?" Really. Either the phone calls are being recorded or they aren't. It's quite easy to stop the procedure.
The very fact that those calls were recorded raises the question of whether or not an agent of the state listened. And what about those cases in which the DA didn't request recordings of jail house phone calls? How many people had their right not to incriminate themselves infringed upon by Galveston County? How many had their right to privileged communication with their attorneys violated?
Now it's time for the DA's Office to come clean and notify defendants and their attorneys on all cases in which these recordings were made and forwarded to the prosecutors. If there is any honor in the office, Mr. Roady should sign off on orders granting writs of habeas corpus in each and every one of those cases.
The actions of Galveston County are reprehensible and call into question the validity of the criminal (in)justice system on the island.
Here's a little Blondie for y'all.
Of course Jack Roady, the Galveston County DA, claims that the procedure is being stopped. Excuse me, Jack? "Being stopped?" Really. Either the phone calls are being recorded or they aren't. It's quite easy to stop the procedure.
The very fact that those calls were recorded raises the question of whether or not an agent of the state listened. And what about those cases in which the DA didn't request recordings of jail house phone calls? How many people had their right not to incriminate themselves infringed upon by Galveston County? How many had their right to privileged communication with their attorneys violated?
Now it's time for the DA's Office to come clean and notify defendants and their attorneys on all cases in which these recordings were made and forwarded to the prosecutors. If there is any honor in the office, Mr. Roady should sign off on orders granting writs of habeas corpus in each and every one of those cases.
The actions of Galveston County are reprehensible and call into question the validity of the criminal (in)justice system on the island.
Here's a little Blondie for y'all.
Friday, October 7, 2011
The volunteer army
From: Bill Reed
Sent: Thursday, June 23, 2011 11:31 AM
To: Criss, Susan
Subject: FW: Needing volunteers for Galveston County "No-Refusal" weekend for July 1,2,3 @ Dickinson Police Department: 8pm-4am
Judge: are you available? So far Lonnie and Ellisor are in. Grady is out of town. thanks, BR
*****
From: Bill Reed
Sent: Wednesday, August 24, 2011 9:59 AM
To: Ellisor, John; Cox, Lonnie; Mallia, Wayne; Criss, Susan; Dupuy, Christopher; Grady, John
Subject: looking for volunteers for No Refusal Weekend for Labor Day: 9/2/11-9/4/11
Any takers? Thanks, BRLooking for volunteers?
Or, are you looking for judges who will blindly sign a warrant authorizing a forcible blood draw based on a fill-in-the-blank affidavit? Are you looking for judges who buy into your notion that a person accused of driving while intoxicated has fewer rights (or at least less-important rights) than a person charged with any other offense? Are you looking for judges who agree that we should do whatever it takes to coerce people into pleading guilty to DWI?
You see the DA's Office is hand-picking its judges. They're going back to the judges who have signed, without question, warrants in the past and who are more than willing to continue to do so. The last thing the state wants is a judge who might just question this practice.
No. The deck must be stacked against the citizen accused. Even if we have to make an absolute mockery out of a document we all took an oath to uphold.
What, you think these judges are actually reading these affidavits and asking themselves if the officer has but forward enough facts to support his arrest decision?
From: Chris Paschenko
Date: Friday, Dec 31, 2010 12:01 pm
Subject: DWI arrests
To: Judge Susan Criss
We[re] you working and in what capacity when [L.B.] and [T.R.] were arrested? I'm told it was DWI. Also seeking on the record comment.
Thanks.
Chris
*****
From: judgecrissWhat else needs to be said about the mechanics of a No Refusal Weekend. There you have a judge telling a reporter that she was at the station "to sign warrants."
To: Chris Paschenko
Sent: Fri, Dec 31, 2010 12:39 pm
Subject: Re: DWI arrests
I was the judge at the station last night there to sign warrants worked 8pm to 4 am. Rules do not allow me to comment on the cases. Signed LB blood search warrant. Other waived need for warrant.
Not to review them. But to sign them.
Sadly, most folks don't care. They see nothing wrong with jabbing needles in someone's arm because you think they might have been intoxicated. Hey, we're out there keeping you safe. And these are the same folks who are more than willing to suffer any indignity at the hand of TSA employees just so they can board a plane. Hey, gotta keep us safe from terrorists.
Maybe we're just so self-absorbed that we simply don't care if the government is intruding on someone's rights - so long as we're not the one being trampled upon. As long as it's then that the government is after it's okay. The only problem is that at some point there will be no more them to protect you from the coercive power of the state. And, by then, it will be too late.
Thursday, October 6, 2011
Filling in the blanks
June 25, 2008
"The Galveston County Criminal District Attorney's Office is coordinating another no-refusal weekend for Friday July 3 and Saturday July 4, 2009. Dickinson Police Department has graciously agreed to host the event again this year. Judge Lonnie Cox will be our judge for Friday night and Judge John Ellisor will perform those duties on Saturday night. The hours of operation will be from 8:30 PM on July 3, 2009 until 4:30 AM on July 4, 2009 and against at 8:30 PM on July 4, 2009 until 4:30 AM on July 5, 2009...
I have attached the search warrants and affidavits for search warrants. The search warrant returns can be done immediately after the blood draw is performed."
-- Galveston County Assistant District Attorney Joel H. BennettThat's right. We've got your search warrant and affidavits right here. They're ready for you to fill in the blanks and type 'em up. No need to make an officer actually recite the facts in a case that gave rise to his belief that the driver was intoxicated at the time of driving. Nope. Just plug in your name and the motorist's name and we're in business.
I understand prosecutors and police wanting fill-in-the-blank affidavits, it allows officers to spend more time on the streets
I mean, all we're asking to do is to perform an invasive procedure on a motorist based on our hunch that she might be intoxicated and the fact that she exercised her right to refuse a breath test. Well, that and we can strap her down if she resists. But, c'mon, why all the hoops?
January 2, 2011
"The morning of December 30, 2010, Fox 26 News began to air footage preparing the public for our initiative, as I addressed the public and presented a "warning and awareness" that our intentions were to increase public safety by removing DWI offenders from our roadways on Galveston Island and a Zero Tolerance No Refusal approach method would be in effect to combat this problem...
"With the assistance of the following agencies the effort was a success:
- UTMB
- Galveston County District Attorney's Office
- District Judge Lonnie Cox
- District Judge Susan Criss
- County Judge John Grady
- The Galveston Police Department Command Staff
- The Galveston Daily News
- Fox 26 News
"Over the last month I have been in correspondence with the listed agencies and the initiative was proven a success.
- Texas Highway Patrol
-- Chad Powers, Galveston Police DepartmentWhat could possibly be more clear as to the role of the judges in these assaults on the Fourth Amendment? It's not the job of a judge to assist in the arrest and/or prosecution of anyone. It is the role of the judge to sit as a neutral arbiter in a legal proceeding. When the police begin thanking judges for assisting in their initiatives, it's time to start questioning the role of those judges in our criminal (in)justice system.
Since most of these DWI cases will be filed in county court as misdemeanors, two of the judges (Grady and Dupuy) reviewing warrants on suppression hearings are two of the judges who volunteered to approve these fill-in-the-blank form affidavits. And just how do you think those rulings are going to go?
Slowly but surely the judiciary is being subsumed into the trial division of the district attorney's office. Maybe it makes for great copy during campaign season. Maybe the voters like it. You know, the voters who either blindly mark R or D on their ballot or think that judicial candidates should sound like they're running for sheriff or DA.
Wednesday, October 5, 2011
Should I bring a pen along?
Last August I wrote about documents I received through an open records request for documents related to No Refusal Weekends in Harris County. See here, here, here and here.
Today it's time to take a trip down the Gulf Freeway to the island to what Galveston County officials have been up to when it comes to making a mockery out of the Fourth Amendment.
Hmmm... how might that conversation go?
Prosecutor: "Judge, I was wondering if you'd like to volunteer to approve and sign search warrants for blood draws during our No Refusal Weekend?"
Judge: "Ordering a blood draw on a misdemeanor case? That's insane."
Prosecutor: "I'll take that as a no. Next!"
An application for a search warrant should be reviewed by a neutral and detached magistrate. Once a judge accepts the pitch from the DA to be a part of the team for a No Refusal Weekend, that judge loses any claim to being detached. Either he was asked to participate or he volunteered - either way, the judge is far from neutral.
And despite "fill in the blank" warrant applications that are long on conclusions and woefully short on facts, these "neutral and detached" judges are more than happy to take pen to paper to authorize the shredding of the last remnants of the constitution.
Today it's time to take a trip down the Gulf Freeway to the island to what Galveston County officials have been up to when it comes to making a mockery out of the Fourth Amendment.
June 27, 2011 -
"Special Crimes Prosecutor Bill Reed has coordinated preparations for this event, which will take place in Galveston County this Friday, Saturday and Sunday nights from 8 pm through 4 am at the Dickinson Police Department. (Special thanks go to Chief Morales for his hospitality.) Bill has enlisted the cooperation of Judges Lonnie Cox, John Ellisor and Christopher Dupuy to approve and sign the blood search warrants, as well as nurses who will be present and ready to make the blood draws."
-- Galveston County District Attorney Jack Roady (group e-mail)The DA's Office has "enlisted the cooperation" of judges to "approve and sign" search warrants authorizing blood draws. As I have stated many times before, if the state is "enlisting" judges to participate in this spectacle, the deck is already stacked against anyone accused of driving while intoxicated. And, yes, that Christopher Dupuy.
Hmmm... how might that conversation go?
Prosecutor: "Judge, I was wondering if you'd like to volunteer to approve and sign search warrants for blood draws during our No Refusal Weekend?"
Judge: "Ordering a blood draw on a misdemeanor case? That's insane."
Prosecutor: "I'll take that as a no. Next!"
August 31, 2011 -
"Special Crimes Prosecutor Bill Reed has coordinated for this event, which will take place in Galveston County this Friday, Saturday and Sunday nights from 11 pm through 4 am at the Dickinson Police Department. Bill has enlisted the cooperation of Judges John Ellisor, Christopher Dupuy and John Grady to approve and sign the blood search warrants, as well as nurses who will be present and ready to make the blood draws."
-- Galveston County District Attorney Jack Roady (group e-mail)Please note, no one is talking about reviewing warrant applications. The judges are there to approve the warrants and subject motorists to an intrusive procedure. This is limited government? Oh, now I understand, they were talking about limiting the authority the judiciary has over the police, not the authority of the state over the individual. That makes so much more sense now.
An application for a search warrant should be reviewed by a neutral and detached magistrate. Once a judge accepts the pitch from the DA to be a part of the team for a No Refusal Weekend, that judge loses any claim to being detached. Either he was asked to participate or he volunteered - either way, the judge is far from neutral.
And despite "fill in the blank" warrant applications that are long on conclusions and woefully short on facts, these "neutral and detached" judges are more than happy to take pen to paper to authorize the shredding of the last remnants of the constitution.
Wednesday, October 20, 2010
Fun with numbers, Galveston County style
Jack Roady, a prosecutor with the Harris County District Attorney's Office, is aiming to be Galveston County's new District Attorney. In his latest broadside against incumbent D.A. Kurt Sistrunk, Mr. Roady makes some very interesting claims about the way criminal matters are handled down on the island.
According to Mr. Roady, over the past four years, the Galveston County DA's Office dismissed half of all misdemeanor prosecutions and one-third of all felony prosecutions. Of course Mr. Roady doesn't provide any information on how many of those cases were dismissed as a result of pleas on other cases. How many of those misdemeanor cases were driving on a suspended license or passing a bad check that were dismissed after the accused took care of the problem after the first setting? How many of those felony cases were dismissed after a grand jury no-billed the accused?
I'm not going to sit here and tell you that Mr. Sistrunk is the greatest thing to happen to Galveston since the introduction of air conditioning (and since my clients' interests are diametrically opposed to his), but numbers served up without context have no meaning. If a case should be dismissed, then it should be dismissed. I would like to think it's through the hard work of my colleagues on the island that residents of Galveston County are able to walk away with a clean record.
Mr. Roady also points out that prosecutors on the island secured convictions in only 4% of all misdemeanor jury trials. On the surface that number sounds a bit astounding. I might buy it if we were talking about only 4% of misdemeanor prosecutions ended in juries issuing guilty verdicts. Nonetheless, the "problem" may have more to do with the jury pools and facts of the individual cases than with the DA's office.
However, according to the Texas Office of Court Administration, on January 1, 2009, there were 6,859 criminal cases pending in the Galveston County Courts at Law. During the course of 2009 there were 10,008 new criminal cases filed and 1,505 other cases added to the dockets. The courts reported 6,012 convictions in 2009 and only 15 acquittals. The statistics do not differentiate between a plea or a guilty verdict. There were 5,450 cases dismissed and 1,330 cases disposed in some other manner (deferred adjudication, for instance).
In 2008, there were 8,960 criminal cases pending on January 1. During the course of the year there were 10,269 new cases filed and 1,570 others added to the dockets. There were 5,415 convictions and only 9 acquittals. A total of 6,629 cases were dismissed and 1,619 were disposed of in some other manner.
Thus far in 2010, the numbers look like this. On January 1, 2010 there were 5,398 pending criminal cases. Between January 1 and September 30, the DA filed 5,913 new cases and another 958 were added to the dockets. So far this year 3,143 cases have resulted in convictions with only 3 acquittals. A total of 2,841 cases were dismissed and 819 were disposed of in some other manner.
So, while Mr. Roady's figures as to dismissals seem to be fairly accurate, his assertion that prosecutors on the island have only secured convictions in 4% of their misdemeanor jury trials is, quite simply, not true.
According to Mr. Roady, over the past four years, the Galveston County DA's Office dismissed half of all misdemeanor prosecutions and one-third of all felony prosecutions. Of course Mr. Roady doesn't provide any information on how many of those cases were dismissed as a result of pleas on other cases. How many of those misdemeanor cases were driving on a suspended license or passing a bad check that were dismissed after the accused took care of the problem after the first setting? How many of those felony cases were dismissed after a grand jury no-billed the accused?
I'm not going to sit here and tell you that Mr. Sistrunk is the greatest thing to happen to Galveston since the introduction of air conditioning (and since my clients' interests are diametrically opposed to his), but numbers served up without context have no meaning. If a case should be dismissed, then it should be dismissed. I would like to think it's through the hard work of my colleagues on the island that residents of Galveston County are able to walk away with a clean record.
Mr. Roady also points out that prosecutors on the island secured convictions in only 4% of all misdemeanor jury trials. On the surface that number sounds a bit astounding. I might buy it if we were talking about only 4% of misdemeanor prosecutions ended in juries issuing guilty verdicts. Nonetheless, the "problem" may have more to do with the jury pools and facts of the individual cases than with the DA's office.
However, according to the Texas Office of Court Administration, on January 1, 2009, there were 6,859 criminal cases pending in the Galveston County Courts at Law. During the course of 2009 there were 10,008 new criminal cases filed and 1,505 other cases added to the dockets. The courts reported 6,012 convictions in 2009 and only 15 acquittals. The statistics do not differentiate between a plea or a guilty verdict. There were 5,450 cases dismissed and 1,330 cases disposed in some other manner (deferred adjudication, for instance).
In 2008, there were 8,960 criminal cases pending on January 1. During the course of the year there were 10,269 new cases filed and 1,570 others added to the dockets. There were 5,415 convictions and only 9 acquittals. A total of 6,629 cases were dismissed and 1,619 were disposed of in some other manner.
Thus far in 2010, the numbers look like this. On January 1, 2010 there were 5,398 pending criminal cases. Between January 1 and September 30, the DA filed 5,913 new cases and another 958 were added to the dockets. So far this year 3,143 cases have resulted in convictions with only 3 acquittals. A total of 2,841 cases were dismissed and 819 were disposed of in some other manner.
So, while Mr. Roady's figures as to dismissals seem to be fairly accurate, his assertion that prosecutors on the island have only secured convictions in 4% of their misdemeanor jury trials is, quite simply, not true.
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