March 10th, 2010

Texas Trial Judge Kevin Fine Gets Lotsa Media Play Over Death Penalty Ruling

Last week, over in Houston, a state district court judge (read that, trial judge) who’s still pretty new to the job, ruled that the death penalty was unconstitutional.  This got lots and lots and LOTS of media coverage.

This week, Judge Kevin Fine changed his mind.  He’s rescinded that ruling and he’s set the matter for an evidentiary hearing next month.  No typo there, not next WEEK but next MONTH. 

Evidence on a law issue?  Right.  Whether or not the death penalty is constitutional isn’t really a legal conundrum in this country.  Whether or not a particular individual should be punished by death is a fact battle.  Aggravating factors, mitigating circumstances. 

Let’s take a moment.  Right now, the Texas Judicial System has the following stories in the national spotlight:

The Chief Justice of the highest criminal court in Texas, Sharon Keller, carries the label “Killer Keller” and her removal from office is still a possibility; and  

The New York Times is having a field day with its recent coverage of the Texas judge (and former Court of Criminal Appeals justice) who had a long-term love affair with the prosecutor — and the U.S. Supreme Court possibly hearing the case brought to it by the defendant setting on Texas Death Row after getting tried and convicted (and sentenced) in this Courtroom of Love.

Maybe it’s not the best time for a state trial judge to be doing this sort of thing, especially when the media’s already having such fun with all his tattoos.   Really.

Posted by Michael Lowe at 6:17 pm

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Labels: Judge Watch


March 8th, 2010

500+ Guns Missing From Texas Police Dept Evidence Room – FBI, Texas Rangers Investigating

It all started when a pawn shop over in Humble, Texas, was subjected to a search by the Department of Alcohol, Tobacco, Firearms & Explosives.  ATF had a warrant, and they took possession of 112 guns that — come to find out — were last seen in the evidence locker of a Texas police department.

How’d they get into a pawn shop from a police evidence room? No one knew, and an investigation began.

Now, it seems that the Federal Bureau of Investigation (FBI) and the Texas Rangers are working together to solve this mystery.  Their latest tally?  Over 500 guns are missing from the Cleveland Police Department. 

While the FBI and the Texas Rangers both keep their ongoing investigations pretty darn quiet until they’re good and ready to reveal things, they do have to file a document in court now and then in order to do their job. And, the media has been monitoring court documents with both the Dallas Morning News and the Houston Chronicle keeping tabs on this Missing Gun Mystery.

Piecemealing so far, we know that a Liberty County Sheriff’s Department Captain, name of Harold Kelley, together with some others whose names we don’t know (yet) were allegedly in a gun-trafficking scheme.  Seems Captain Kelley was the Custodian of the Evidence Room, and had one of only two keys for the place.  Who had the other key?  Man name of Henry Patterson …  Henry was serving as the assistant police chief at the time. 

And, here’s the smoking gun — Kelley’s signature was on the official evidence files for 98 of those guns found in the Humble pawn shop.  He’d signed to confirm that the guns had been destroyed.

What about the rest of the 500?  The Texas Rangers and the FBI are out there, looking for them.  Betcha they find them, too ….

Posted by Michael Lowe at 5:08 pm

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Labels: Cop Watch, Corrupt Cops


March 3rd, 2010

Tim Cole Pardon Granted by Gov Rick Perry: Will Lessons be Learned?

Of course, the big news today when you’re talking Governor Rick Perry is that he’s just won the Republican Primary without the need of a runoff.   Guess that makes sense. 

Finally, Tim Cole is Pardoned

However, on Monday something else happened.  Governor Perry signed the pardon of Timothy Cole, the first person in the State of Texas to be cleared of wrongdoing by DNA evidence after his death. 

If you follow this blog, then you’re aware that there was some problem getting here: arguments were made that the Governor had no legal right to grant this pardon, the Attorney General said so, and there was a major brouhaha before justice was done. 

What Will We Learn from the Tim Cole Tragedy?

Now that the pardon has indeed been granted, and the family of Tim Cole has achieved victory in his vindication, there are still questions that should be asked — lessons to be learned from the life of Tim Cole. 

Here are a couple:

1.  At Grits for Breakfast, there is much discussion on how many more Tim Coles are there?  How many more false convictions are on the books right now, with innocent men and women behind bars standing firm on their innocence?

It’s a good question.  With crime labs in the chaotic state they are these days, it’s debatable whether or not DNA testing can be trusted in cases pending before the court.  Who is going to undertake the process of vindication through DNA testing of folk who are already behind bars?  The Innocence Project of Texas does this — but their resources are limited, and they have to choose their cases accordingly. 

Tim Cole Lesson No. 1:  There’s a way to get innocent folk out of prison through DNA testing, but we’ve got to figure out how to do it, and who is going to pay for it – and how to secure their release through appeal or pardon once the test results are back.  Part of the expense is the judicial process AFTER the test reveals their innocence.  It’s not just a matter of taking a lab report to the prison and getting someone released. 

2.  At the Burnt Orange Report, discussion is had over Tim Cole’s case showing us once again how eyewitness identifications simply cannot be trusted as reliable evidence.  In Cole’s case, a young woman traumatized by rape picked Tim Cole in a photo lineup.  She was wrong.  The man who raped her later admitted the crime, and many years later, that victim came face to face with her perpetrator – all as part of the efforts to exonerate and free Tim Cole. 

Tim Cole Lesson 2:  Eyewitness testimony simply should not be trusted as evidence in a criminal case.  This should be absolutely paramount when it is the key piece of evidence that the State is using to put someone behind bars for any period of time, much less placing them on Death Row.  Human beings do not have trustworthy recollections of events, this has been proven time and time again.  When will the judicial system finally recognize just how flawed finger-pointing is?  Who knows.  Until they do, criminal defense attorneys must fight, and fight hard, against the probative value of any “eyewitness” — and perhaps pointing the finger at the Tim Cole case may help place this “evidence” in its proper perspective.

Posted by Michael Lowe at 5:55 pm

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Labels: Crime News, Orwellian Threats to Rights


February 24th, 2010

Texas Cop John Gore Busted on Arson Charges – Investigation Going Back 9 Years

After serving three years as a Mineral Wells police officer, John Gore’s life has taken a drastic turn: he’s now a criminal defendant, facing two counts of arson and one count of arson causing bodily injury.  And it’s not over – Gore apparently gave information about an accomplice and setting 7 fires while he was being questioned on these charges. 

Seems this past Tuesday, Gore was stopped near the site of a fire at an industrial park – actually a set of three fires that had been set in that same area.  During one of the fire fights, a fire fighter was injured.  He wasn’t killed, but he did sustain serious injury and was hospitalized. 

When Officer Gore was stopped, he had gasoline with him and that’s being tested against the accelerant used to set the fires.  (Seems science can tell you if it’s the same gasoline.  Who knew?)

So, what was set ablaze, besides Officer Gore’s career and personal reputation?  An old army barracks, a fireworks stand, and an aviation company building said to house some kind of museum quality artifacts (who knows what this is). 

Now, an old buddy and former jailer/correctional officer named Jeffrey Gulley has been arrested as Gore’s helper.  He’s been released on a $50,000 bond.  And based on information provided by John Gore, arson investigators are combing through fire files going back to 2001 – so perhaps we haven’t seen the last of the charges. 

Where’s the firebug now?  John Gore’s out on $100,000 bond.  So is his pal Jeff Gulley.

Posted by Michael Lowe at 1:25 am

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Labels: Corrupt Cops


February 22nd, 2010

Dallas Morning News Starts Its Own List of Texas Officials Facing Removal From Office

Yesterday, the Dallas Morning News had an interesting item: an article entitled “Case Studies of Officials Who Have Faced Removal,” which lists four men who have been investigated for doing bad things while acting in their official capacity:

  1. EDUARDO “WALO” BAZAN, Hidalgo County constable, convicted of felony theft (probated) for taking a seized, stolen truck for his personal use. He’s been reelected to office, though this case was affirmed on appeal. Who knows whether he’s acting with authority right now; and  
  2. LARRY DALE FLOYD, Denton county constable, removed from office after he faced accusations of child pornography here in Texas and something more sinister, trying to have sex with an eight year old, up in Colorado.

Now, reading the first two in this list, you’d think maybe the News was just organizing county constables who got into some trouble, since there’s also coverage in the News on the Dallas County Constable Cortes controversy.

You’d be wrong.

The next two in their list are ERNEST GERARD MIRELES, formerly the Maverick County attorney, who resigned after allegations wree filed against him that he wasn’t even in the county for months; and SAUL OCHOA, another constable.  Ochoa, out of Cameron County, was busted for selling marijuana that had been seized in drug busts – he was convicted and sentenced to prison.  

And then their list ends.  Wassup with that?

Here on this blog (both here and in our Blogger version), we’ve made it a raison d’etre to keep watch on Texas officials — whether they’re judges, prosecutors, or law enforcment officials, that are doing Bad Things. 

And our list (if you’d like to surf thru the categories over there to the right, categories like “Judge Watch” and “Cop Watch”) is a WHOLE LOT LONGER THAN FOUR NAMES.  These folk not only faced removal, they’ve faced serious jail time. 

  1. For example, what about federal district judge Samuel Kent, the first federal judge ever accused of sex crimes, and who is now serving time in the pen?
  2. Former state district judge and Ombudsman of the Texas Youth Commission, Cathy Evans, who faced a felony indictment for smuggling stuff into a prison facility?
  3. Texas district judge Manuel Barraza, busted by the FBI last spring for taking bribes?
  4. Montague County Sheriff Bill Keating, who copped a plea to get 10 years in a federal pen?
  5. Refugio’s Chief of Police Chris Brock indicted last fall for felony theft (among other charges)?

There’s lots more.  We’d be happy to compare notes with the Dallas Morning News, if they’re interested.  Because there’s a lot more corruption in our state than that piddly little list of four names would lead you to believe, sad to say.

Posted by Michael Lowe at 8:54 am

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Labels: Media Watch


February 17th, 2010

Pardon for Innocent Man Tim Cole, Who Died in Prison Before Exonerated, May Happen. Finally.

Tim Cole did not rape the Texas Tech student over in Lubbock, back in 1985.  Jerry Wayne Johnson, according to his own confession as well as DNA evidence, committed this crime. 

Didn’t matter.  Tim Cole was arrested, charged, convicted, and imprisoned for the girl’s rape.  One day, Tim Cole was a student with a future at Texas Tech University.  The next day, he was a criminal — and he never had his second chance. 

Tim Cole died from complications due to asthma, still maintaining his innocence, in 1999.  He was 39. 

Now, 11 years later, Tim Cole’s family still seeks justice on his behalf.  They want Tim Cole to be pardoned by the Governor, even if it will be posthumously.  At first, Governor Rick Perry said he couldn’t do it — that the Governor is only allowed to pardon in cases of treason or impeachment, and legally his hands were tied.   This, according to Attorney General Greg Abbott.

The Governor May Still Issue a Pardon for Tim Cole

Now, The Texas Board of Pardons and Paroles may open the way to the elusive pardon, based upon an application filed by the Innocence Project of Texas.  Included within that application is the official clearing of Tim Cole’s name by an Austin state district judge.  The Texas Board will then issue a recommendation that Cole be pardoned to Governor Perry, who has already implied he’s going to pardon Tim Cole based upon the Board’s recommendation.

The Tim Cole Act – One Good Result From This Travesty of Justice

While the Cole family hasn’t taken any compensation from the Tim Cole Act, one good thing that has resulted from their efforts to bring justice to Tim Cole has been the passage of the Tim Cole Act.  Under this law, wrongly convicted individuals are compensated by the State of Texas as follows:

  1. $80,000 for each year of incarceration; and
  2. $80,000 lifetime annuity (variables here on life expectancy and other things).

Condolences to the Tim Cole Family – and Congratulations, too

Continued sympathies to the family and loved ones of Tim Cole, especially his mother Ruby Session, and heartfelt congratulations on a fight well fought.  And, tip of the hat to Austin District Judge Charlie Baird (who has also served as a justice on the Texas Court of Criminal Appeals) who had the integrity and courage to issue the first posthumous DNA exoneration judgment in the state’s history.

Posted by Michael Lowe at 4:58 pm

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Labels: Crime News


February 15th, 2010

Another Texas District Judge Indicted on Felony Charges and Jailed on Friday

Last September, everyone in Kerrville was surprised when District Judge Karl Prohl suddenly resigned from the bench, with more than a year left in his term.  The Kerrville Daily Times reported on how Judge Prohl’s letter of resignation — effective immediately — shocked the courthouse.  One staffer supposed that at the age of 69, and after serving as judge for almost 19 years, Judge Prohl was simply ready to retire. 

We can assume that the Office of the Attorney General for the State of Texas could have enlightened the Kerrville folk, should they have chosen to do so.  Because last Friday, the AG’s Office obtained an indictment against retired judge Karl Prohl, and the jurist was arrested that evening.

Retired Kerrville Judge Karl Prohl was indicted on a felony charge of theft by a public servant that involves $34,706 purportedly received from public monies tagged for travel-related expenses. Within the indictment is a tally of seventeen (17) different payments made to Prohl by four different sources:  Kerr County, two probation departments, and the district attorney’s office. 

Right now, Karl Prohl is out on a personal recognizance bond.  He’s hired a lawyer and he’s offered to pay restitution. 

We’ll see if defense negotiations work here — there’s lots of rumors (there were, even back in September 2009) that Prohl’s case is intertwined with the indictment of former Kerr County District Attorney Ron Sutton for various bad acts.  That may well complicate Prohl’s defense and the easy exit that he has obviously desired.

Posted by Michael Lowe at 5:43 pm

2 Comments
Labels: Judge Watch


February 10th, 2010

Retired Tex Ranger Buckaloo Heads New Texas Team to Stop Corrupt Cops

 For many years, Clete Buckaloo was one the elite as a member of the Texas Rangers. Then, he retired as a Ranger and took the job as the head of the 216th Judicial District probation office, doing his thing for the probation department for awhile.

Then, late last month, former Texas Ranger Clete Buckaloo turned in his resignation to the probationers so he could step into a new spot: as the head of a new DPS investigative unit that’s been formed to fight corruption in law enforcement across the state.

Clete Buckaloo is second to none in reputation and experience — but here’s the thing: with a name like that, you know that he was destined for this job. Clete Buckaloo is just a great name for a Top Cop, right?  Plus, he looks the part — more than one person has noted that Buckaloo has a movie star appearance, not a little unlike Tommy Lee Jones.

With a face already placed on the cover of Texas Monthly, Clete Buckaloo may be an ascending star on the Texas scene … but in the midst of all this hoopla, here’s the real big news:  the State of Texas has put a 29-year veteran of the Texas Rangers out there with his own posse to track down corrupt cops in this state. 

Isn’t the bottom line here a validation of the extent of corruption existing in Texas law enforcment today?  Looks like it, huh?

Posted by Michael Lowe at 4:30 pm

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Labels: Corrupt Cops


February 8th, 2010

Former El Paso Criminal Judge Manuel Barraza Found Guilty by Jury – Going to Jail

Late last week, a federal jury came back with their verdict in the case of the United States v. Manny Barraza over in El Paso.  The verdict? 

Former Criminal District Court Judge Manuel Joseph Barraza was guilty of two (2) counts of wire fraud and the deprivation of honest services and one (1) count of making false statements. They split the baby, somewhat, acquitting the former Texas Judge of one count of mail fraud.

What happens now? There Goes the Judge … Directly to Jail, Sentencing in April 2010.

Today, Manuel Barraza is a free man.  He’s out on bond.

However, that’s gonna change on April 28, 2010, when he returns to federal court for his sentencing hearing before U.S. District Judge Frank Montalvo.  We already know that the federal judge will enter a judgment of criminal forfeiture that day, since Barraza’s already negotiated a deal to return the $ 5100 he got as a bribe.  However, we don’t know how much time behind bars the former judge will have to spend, or how much money he’s gonna have to pay in fines.  Except in both instances, it’s gonna be a lot. 

At sentencing, former Judge Barraza faces a possible sentence of 23 years in prison and $750,000 in fines:

  • 20 years in prison on the wire fraud
  • 3 years in prison on the count of making false statements
  • $250,000 fine on each of the fraud counts, or $500,000 maximum fine
  • $250,000 fine on the false statements charge.

Don’t Remember the Backstory on Judge Manuel Barraza’s Fall from Grace?

Formerly an El Paso criminal district court judge, Manny Barraza was caught taking bribes from criminal defendants in exchange for his help in felony cases coming before him.  He’d take either cash or sexual favors from individuals appearing before him — and he was smooth enough to even get cases transfered to his court if the price was right. 

How did he get caught?  You guessed it.  An undercover (pardon the pun) FBI Agent tape-recorded the Judge during one of his bribe negotiations.

Posted by Michael Lowe at 5:15 pm

1 Comment
Labels: Judge Watch


February 3rd, 2010

Behind Closed Doors, Things Heating Up For CCA Chief Justice Sharon Keller

While the chief justice of the highest criminal court in the State of Texas continues her work from the bench, it appears that lots of other folk are working hard behind the scenes, too — especially now that we’ve got the findings from Judge David Berchelmann for everyone to view.

Tomorrow would have been the deadline for the “examiners” (those in the role of prosecutor when the proceedings are involving a setting judge being investigating for possible removal by the Judicial Commission) to file any challenges that they might have to Judge Berchelmann’s determinations.  They could have quietly let that deadline just float on by, letting their silence speak. 

But noooooo.  The examiners have formally requested an extension of time within which to file their response, and they’ve been given a new deadline of February 17, 2010.  (The Commission’s short, one page order doesn’t provide any details, just the new date.) 

What does this mean?  It means that the examiners/prosecutors are preparing some objections to Judge Berchelmann’s findings.  There’s simply no other good reason to ask for more time. 

Even more telling, it’s been told to the media that Chip Babcock, attorney for Justice Keller, is going to be filing responses to Berchelmann’s work (under this new deadline, he requested an extension as well) on behalf of Justice Keller.

Paper Fight! Paper Fight!

Which boils down to this:  lots is happening behind closed doors regarding the fate of Chief Justice Sharon Keller of the Texas Court of Criminal Appeals.   When will the public get a glimpse into all this?  Well, the filings that are due on February 17th will be made public, and all the arguments in the paper fight will be made known.  (Everything filed of record with the Commission is placed online, in .pdf format.)

Public Hearing

As for a public hearing of the Commission’s efforts, that is required under the law and should be held before the Commissioners with both the examiners and Chip Babcock making their oral arguments (as already identified in their paperwork).  Judge Berchelmann remains the fact finder, if the Commissioners want more fact-finding, things will go back down to San Antonio (where he presides over a state district court in Bexar County). 

Otherwise, things will go back behind closed doors after that public hearing as the Commissioners debate what to do about Justice Keller.  They will have three options:  (1) remove her from elected office; (2) dismiss the charges against her; or (3) reprimand her (she gets cited as doing something bad, but keeps her job).

And, just so you know, these 13 Commissioners that will be judging the Chief Justice are:

Chair
Mr. Jorge C. Rangel
Attorney
Corpus Christi
Appointed by State Bar of Texas
Term Expires: 11/19/2011

Vice-Chair
Hon. Jan P. Patterson
Justice, 3rd Court of Appeals
Austin
Appointed by Texas Supreme Court
Term Expires: 11/19/2013

Secretary
Ms. Janelle Shepard
Public Member
Weatherford
Appointed by Governor
Term Expires: 11/19/2011

Members
Hon. Sid Harle
Judge, 226th District Court
San Antonio
Appointed by Texas Supreme Court
Term Expires: 11/19/2011

Ms. Ann Appling Bradford
Public Member, Midland
Appointed by Governor
Term Expires: 11/19/2009

Hon. Michael R. Fields
Judge, County Criminal Court at Law #4
Houston
Appointed by Texas Supreme Court
Term Expires: 11/19/2009

Hon. Tom Lawrence
Justice of the Peace, Precinct 4
Humble
Appointed by Texas Supreme Court
Term Expires: 11/19/2009

Mr. Tom Cunningham
Attorney, Houston
Appointed by State Bar of Texas
Term Expires: 11/19/2013

Mr. William “Bill” Lawrence
Public Member
Highland Village
Appointed by Governor
Term Expires: 11/19/2009

Ms. Karry K. Matson
Public Member, Georgetown
Appointed by Governor
Term Expires: 11/19/2013

Ms. Patti H. Johnson
Public Member, Canyon Lake
Appointed by Governor
Term Expires: 11/19/2011

Hon. Joel Baker
Judge, Smith County Court, Tyler
Appointed by Texas Supreme Court
Term Expires: 11/19/2011

Hon. Edward J. Spillane, III
Judge, College Station Municipal Court
Appointed by Texas Supreme Court
Term Expires: 11/19/2015

Posted by Michael Lowe at 7:50 pm

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Labels: Judge Watch


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