Archive for 2009

December 30th, 2009

DA Watch: Montgomery County Tweets DUI Arrests this New Year’s Eve

Over in Montgomery County, District Attorney Brett Ligon has announced that on New Year’s Eve 2009, law enforcement will post all drunk driving arrests on Twitter.  Actually, he’s been tweeting about drunk driving arrests – among others – for awhile now (since Christmas). 

This is getting lotsa attention for DA Ligon.

For example, plaintiff’s personal injury lawyers at Jim Adler & Associates — you’ve seen their ads if you watch any TV whatsoever — have already posted on this at their firm blog.  They call this a “sweet” idea, discuss how “shame” may be a great deterrent to the holiday car crashes caused by drunk driving, and then conclude their post (of course) with a reminder that if anyone wants to file a wrongful death or serious personal injury claim based on drunk driving, well … they DO do that kind of work. 

Techies and geeks interested in the tweeting aspects of DA Ligon’s brilliant idea are writing about this, too.  Gizmodo already follows the DA on Twitter (Ligon can be seen at twitter.com using the name “MontgomeryTXDAO”) — and they’re reporting they will be reading this “comedy goldmine in the making.”

It’s a story that is getting national media coverage.  MyFoxCharlotte is covering the story, quoting Montgomery County assistant district attorney Warren Diepraam as claiming he initially came up with the idea of tweeting all drunk driving arrests between Christmas Eve and New Year’s Day. 

Here’s some things that should be considered …like innocent victims suing for damages ….

1.  This isn’t being posted on a government site.  It’s been tweeted on a personal account set up at www.twitter.com.

2.  Anyone arrested for DUI is still innocent until proven guilty.  What happens to those who are later found innocent?  The “shame” of the tweet is already out there — and assuming arguendo that the tweet does cause harm and humiliation, then can the victim sue the twitterer individually for the harm done?  Remember, this isn’t a government account.  Can they sue the assistant district attorney, who so proudly claims the Shaming Tweet Strategy as his big idea?  Can they sue Twitter, too?

3.  What about expulsion of a drunk driving charge now the road?  Do expulsion orders need to include social media sites now?

December 28th, 2009

Cop Watch: FBI Investigating the Bexar County Sheriff’s Dept – San Antonio Probe Growing for Past 2 Years

Today, the San Antonio Express News is reporting that for the past 2 years, the Federal Bureau of Investigation has been quietly investigating the activities of the Bexar County Sheriff’s Department — a law enforcement agency whose jurisdiction includes San Antonio, Texas, and the surrounding area.  Apparently, the FBI has been snooping around there, down by the Alamo, for 2 years now and there’s no signs they’re stopping.

Looks like this may be a big deal….

Not only does the time involved in this FBI probe alone suggest that a lot of bad stuff has been discovered by the Feds, the media reports are suggesting it.  The Express-News points to deputies living a lot larger than their county salaries would allow, with groups going on vacation to Las Vegas and the discovery of one deputy’s large land purchase (bet it’s a ranch) down in the Valley.

FBI Initially Looking Into One Thing, Discoveries Kept Coming According to Express-News Reports

Careful to reference several sources for their news reports – since the FBI won’t comment on an ongoing investigation – the Express News reveals that the FBI began checking into complaints about civil rights violations, and things grew from there.   According to the sources, there are lots of complaints about the BCSD narcotics division — particularly, a group of 4 -5 “rogue cops” who are arresting folk without cause, stealing money and property, etc.  

They may be doing bad things both on the job and off — there aren’t a lot of details yet.  It is reported that deputies who are working second jobs as security guards at local apartment complexes have shaken down the tenants there.  Wow.  There are also complaints off-duty deputies have used threats that are backed by the fact that work for the Sheriff’s Dept. and that they’ve used excessive forces.

Who All Knows and Looks the Other Way Regarding the Rouge Cops?

Apparently, there are also FBI feelers checking out who all may know about these rouges within the department but are not coming forward to stop the wrongdoing.    FBI agents are even going so far as to interview criminal defense attorneys practicing in the criminal courtrooms of the Bexar County Courthouse to see what they may know about these bad actors. 

Looks Like the Pot is About to Boil Over ….

According to the Express-News, several Bexar County Sheriff’s Department deputies have already hired criminal defense lawyers to represent them — and we all know, you don’t start paying for a criminal lawyer until things are pretty far along.

This looks to be a major story that is just breaking today — hats off to Guillermo Contreras of the San Antonio Express News along with Staff Writer Eva Ruth Moravec for their work here.

December 23rd, 2009

Cop Watch: Drunk Cops Cause Crashes – Get Busted in Fort Worth, Zip in SA

Of course, law enforcement is a stressful job.  We’re grateful to those who protect and serve and we can all understand how nerve-racking it can be to be a cop in Texas these days.  No one’s gonna deny a cop the right to a brew or two after a long day’s patrol.  On the other hand….

There are two newstories JUST THIS WEEK about drunk cops in car crashes, one out of Fort Worth and one from San Antonio. 

In Fort Worth, a woman was killed shortly after 2 o’clock in the morning when she pulled in front of an oncoming patrol car on a street with a designated 35 mph speed limit.  Guess this poor woman didn’t think that some intoxicated police officer would be hauling down the road at twice the legal speed limit…. The victim of the crash, Sonia Baker, was only 27 years old.  The cop, Jesus Cisneros, was ten years older and had a blood alcohol count of 0.17% — over TWICE the legal limit of 0.08%.  Wow.

This week in San Antonio, at 8:45 pm in the evening, a pickup truck careened across highway US 90 West, narrowly missing 4 cars of oncoming eastbound traffic, and slammed into the Blue Ribbon Housing-Fleetwood manufactured home fenced sales lot.   Driven by Sargeant Tom Alonzo of the San Antonio Police Department, there were no human injuries in this accident other than the ones that the driver himself sustained.  Riding in the truck’s cab with Sgt. Alonzo was his pal Joe Gonzalez. 

And while the eyewitness — Jason Costo of Blue Ribbon — reports that both were acting drunk (unsteady on their feet, reeking of alcohol), no charges have been pressed so far against Sgt. Alonzo for driving drunk.  Interestingly, Alonzo had a friend pick him up from the scene before any law enforcement could get there.  (Costo called the cops.)

Homicide detective Jose Trevino of the Bexar County Sheriff’s Department has told the media that their offices will not charge Alonzo because no one was hurt and the truck’s passenger — pal Joe — says that the driver wasn’t doing anything wrong, and they’re assuming it could be a mechanical malfunction that caused the pickup to veer over the highway ….

And here’s where things veer off. 

In Fort Worth, officer Cisneros not only quit his job, he has been charged with intoxication manslaughter with bond set at $25,000 (he’s free on bond right now). 

In San Antonio, nothing’s happened to officer Alonzo.  Smart enough to leave the scene before the cops could get there (isn’t there something wrong with that?), and lucky enough that those 4 cars got out of his way as he crossed over their eastbound lanes on US90West, Alonzo’s BAC wasn’t tested and isn’t known. Bexar County Sheriffs aren’t doing any investigation.  The San Antonio Police Department is reporting that they are double-checking things out, tho.  Well, hooray for that, right? 

Oh, and by the way, Alonzo is the second officer within the past 30 days – out of the same unit in the department, the SAPD’s Tactical Response Unit – to face allegations of driving drunk and crashing.  Fellow SAPD Officer Winder Morales was charged with DUI right before Thanksgiving after crashing a car, yes, on that same highway: U.S. 90 West.

Be careful out there.

December 21st, 2009

DA Watch: Yolanda Madden Freed by Judge After 4 Yrs – DA Failed to Turn Over Exculpatory Evidence

You may remember the case of Yolanda Madden because of the notorious YouTube video awhile back showing the Odessa cops being caught on video by Kopbusters.  (We wrote about the Kopbusters story last December and you can watch the video on that post). 

Well, after being in jail for four years — yep, 4 YEARS — Yolanda Madden is once again enjoying her freedom after Federal District Judge Rob Junell vacated her sentence. 

The Smoking Gun that was hidden from the defense

While the federal judge wouldn’t go so far as to accuse the prosecution of intentionally hiding the Smoking Gun documentary evidence, no one could argue its existence.  What was it? 

A log sheet.  A simple, routine log sheet of the Odessa Police Department.  The big deal about the log sheet is the absence of a key name on its roster.  Odessa Police Deparment Officer Greg Travland testified at Madden’s trial that she confessed to him — but the Smoking Gun log sheet reveals that Travland was NOT in the police station at the time. 

Of course, this story gets worse.

Yolanda Madden consistently claimed that drugs were planted on her.  She told this to anyone who would listen — loudly.  Her husband spent the family’s life savings in support of his wife, believing that she had been set-up. 

A drug informant ADMITTED that he was the one who planted the drugs (crystal meth) on Yolanda Madden.  Madden took a polygraph and passed.  So did the informant.  Madden took hair follicle and urine drug tests.  No evidence of drugs. 

Law enforcement didn’t care.  Madden was still tried and convicted. 

Madden’s Family Sought the Help of Barry Cooper’s Kopbusters

Frustrated and feeling powerless, Madden’s father asked Kopbusters to come to Odessa and help them fight the injustice.  Kopbusters did — and the result was their now-famous video of the Odessa cops entering a phony drug house set up by the Kopbusters.  For details on how the Odessa cops fell prey to the Kopbusters, check out our December 10, 2008, post where Kopbusters founder (and former cop) Barry Cooper gives all the details.

What Happens Now? Get this — another trial has been set.

Let’s recap:

1. Kopbusters demonstrate that the Odessa cops play fast and loose with the law in drug cases;

2.  an informant gives testimony in court that he planted drugs on Yolanda Madden;

3.  the informant passes a polygraph;

4.  Yolanda passes a polygraph;

5.  Yolanda tests clean in hair follicle testing;

6.  Yolanda tests clean in urine testing; and

7.  the cop who claims Yolanda confessed to him wasn’t even at the police station at the time of the purported “confession,” as revealed by a log sheet NOT PROVIDED TO THE DEFENSE during trial….

and the federal judge schedules a new trial for Yolanda Madden, set for March 1, 2010.  They’re going to try her AGAIN?

What’s Really Going On Here?

It’s already being reported that the real story behind all this is the cops mistook Yolanda Madden for a drug dealer they nicknamed “the Ice Queen,” and used the informant with a bag of meth (which he handed over to Yolanda) as a way to bust this notorious Poison Ivy of Odessa. 

Sure looks like they got the wrong girl and they’re finding it very, very hard to admit they’ve made a mistake. 

Someone — like the Attorney General, the Texas Rangers, or the FBI — should help them.

December 16th, 2009

DA Watch: Death Row’s Henry Skinner sues Fed Prosecutor Lynn Switzer for Withholding DNA Evidence He Says Clears Him

The United States Supreme Court is already considering Henry Skinner’s petition for certiorari (09-7784), which he filed after his 1999 petition for writ of habeas corpus with the Amarillo federal district court (Skinner v. Quartman) was denied, and after the Fifth Circuit Court of Appeals initially granted him a certificate of appealability on two issues relating to his claim of ineffective assistance of counsel in the guilt phase of his trial.  The 5th Circuit thereafter changed its mind, affirming the lower court’s decision  – which promptly set Skinner’s execution date for Feb. 24, 2010. 

But Skinner isn’t stopping with an appellate fight that he didn’t have adequate defense counsel — this Death Row inmate, represented by lead counsel Robert Owen of the UT School of Law Capital Punishment Center, is also challenging the prosecutor’s work during trial.

That’s right: the Death Row inmate is suing the prosecutor who tried his capital murder case. 

Henry Skinner is alleging that federal prosecutor Lynn Switzer has — right now — DNA evidence that could prove his innocence, and is refusing to release it.  Refusing, even though he’s set to die within 90 days.

According to Skinner (from his federal complaint)

“On October 20,2009, without giving Plaintiff’s attorneys any notice or an opportunity to be heard, the 31st District Court entered an order directing that Plaintiff be executed by intravenous injection ‘at any time after the hour of 6:00 p.m. on the 24th day of February, 2010 …. Defendant’s refusal to release the biological evidence for testing violates Plaintiffs Fourteenth Amendment right to due process and his Eighth Amendment right to be free from cruel and unusual punishment. Plaintiff requests of this Court an order declaring that Defendant’s continued withholding of the evidence violates Plaintiffs constitutional rights and requiring that Defendant release the evidence to Plaintiff under a reasonable protocol regarding chain of custody and preservation of the evidence, in order that Plaintiff can have the evidence tested at his own expense.”

Henry Skinner is scheduled to die in a matter of weeks, and he has to have some comfort in the dogged efforts that his appellate lawyers are undertaking on his behalf.  Harvard Law graduate and UT Law Professor Bob Owen and his team at the UT’s Capital Punishment Clinic are working hard here — one can only hope their efforts will not be in vain.

December 14th, 2009

Crime News: Now We Can’t Trust Fingerprint Evidence Anymore

One thing that we’ve all been conditioned to assume is solid as a rock is fingerprint evidence, right?  From today’s CSI shows to the old Dragnet series, we’ve seen the cops come into a TV crime scene with their little brushes and white (or black) powder and voila! the culprit is identified.

Well, brace yourself.  The Houston Chronicle is reporting today that fingerprint evidence cannot be trusted.  You read that right.

According to reporter Moises Mendoza, it begins with an audit undertaken recently by Houston Police which revealed that their PD’s fingerprint experts were failing to properly analyze fingerprints.  A more serious revelation:  sometimes, they just weren’t finding fingerprints at all.  In Mendoza’s words, they were “missing fingerprints completely.” 

The expose doesn’t stop with Houston. 

Fingerprint labs across the country simply are not reliable.  According to Mendoza’s report, a UCLA law professor with expertise in fingerprint issues opines that the problem is so widespread that “[e]verything needs to change.”

Given Mendoza’s examples of injustice and ineptitude from all over the country,  it’s chilling to think how truly unreliable fingerprint evidence really is in our courtrooms today. 

Consider the following:

1.  Fingerprint analysis is not an established discipline and it has few national standards to be used by all forensic labs for confirming fingerprints.  What the Houston Police may conclude is the fingerprint of Joe Smith may be taken to the same lab in Chicago and get a different result. 

2.  It’s possible that different people may have almost identical fingerprints.  The idea that we all have unique fingerprints is not as clearcut as television script writers would lead us to believe.  And there’s just not much research out there (or in process) to figure out how close two stranger’s fingerprints might be.  

3.  Fingerprint labs are not required to have the same accreditation as other types of scientific laboratories (like those that analyze DNA, for example).  Only 10 fingerprint labs in Texas have been certified (as ASCLD-LAB).

How did this story get discovered?

When the Houston Police Department fingerprint lab took steps to become accredited, its innerworkings came under scrutiny — and it’s when this doublechecking occurs that the true failure of fingerprint labs comes to light.  Apparently, police departments across this state and across the country are working away, “analyzing” fingerprints and turning over what amounts to balderdash as “evidence” used by cops and prosecutors to arrest and prosecute citizens who may well be innocent of any wrongdoing.

Meanwhile, over in Houston, there’s big things going on at the HPD lab.  First there was a fruit-basket turnover of lab workers, and now a bunch of consultants are handling the work of the fingerprint comparison unit.  According to the Chronicle, there are also plans for a review of 6,000 HPD violent crime cases going back two years to check the accuracy, or lack thereof, in the fingerprint evidence used to convict those individuals.

Where do we go from here?

The blanket of ineptitude covering this country shows that the American public cannot trust law enforcement to police itself and get its fingerprint expertise legitimated.  Periodically, the media steps up to the plate and reports on this travesty of justice — the Houston Chronicle has done so now, the New York Times did so back in 2001

The true burden of insuring that fingerprints aren’t allowed to be considered as reliable in Texas courtrooms and refuting the assumption that police labs are trustworthy must lie on the shoulders of the criminal defense bar. 

In each and every case, defense attorneys must question this fingerprint evidence, with a tip of the hat in gratitude to good reporters like Moises Mendoza who are educating the public at large (and future jurors) that what you see on TV is merely wishful thinking on the part of law enforcement.  (And the cool lighting with shnazzy background music in Horatio Cane’s Miami lab isn’t accurate either, by the way.)

Thank you, Mr. Mendoza.  We look forward to your next report in this (hopefully) growing story.

December 9th, 2009

Jail Watch: Criminal Network In Texas Dept of Criminal Justice System? Texas Rangers Investigate

Right now, one of the biggest news stories we’ve had in years may be breaking – if convicted rapist Arcade Joseph Comeaux is telling the truth.  Considering who’s giving his words some weight, looks like he just might be.

Huntsville Inmate Arcade Joseph Comeaux Escaped Last Week

Last week, Comeaux escaped as he was being transported by bus from the Huntsville prison to Beaumont, where he would be near to medical treatment facilities in Galveston for his purported stroke that had left him paralyzed. Comeaux – despite being handcuffed and shackled to his wheelchair – pulled a pistol on the two guards accompanying him, and after firing a warning shot, successfully ordered the two guards to handcuff themselves together, in the back of the bus.  Comeaux took their guns (he now had three), dressed himself in one of their uniforms, and walked away.  That’s right – walked.  He’d been conning everyone that he couldn’t use his legs, apparently pretty convincingly. 

National Media Coverage of The Big Bus Escape

Combine a record like Comeaux’s and the circumstances of his escape, and sure ’nuff you’ve got the national media hounds pouring into the state.  CNN detailed Comeaux’s 30 year prison record.  America’s Most Wanted acted fast, with Comeaux being a focus of their December 5th episode — six days after his escape.  Lots of questions were being asked about how this guy could free himself from the clutches of the Texas Department of Corrections. 

Comeaux got caught and now he’s squealing.

Freedom didn’t last long for Arcade Comeaux.  He was caught within two weeks of running – a salesman called in a tip to 911 about a strange man loitering in the lobby of a Houston business.  The Houston cops responded, and Comeaux was arrested and taken into custody without incident. 

According to media reports Comeaux was cold, wet, tired, hungry — and barefoot.  There were reports he was still wearing the duds he’d taken from the bus guard when he walked away on November 30th.  Even the New York Times reported on the capture.

After Capture, Comeaux Starts An Even Bigger NewsStory – He Had Help From the Inside

Lots of folk probably thought that the story ended in Houston when the manhunt was over.  Sounds reasonable, right?  But noooo.  Arcade had just began earning his plug (with a tip of the hat to Jay Leno). 

Comeaux met with a local community activist, Quanell X at the Montgomery County Sheriff’s Office and here’s where the Big Story begins. According to Arcade Comeaux, staff of the Texas Department of Criminal Justice got the gun to him that he used on the bus.  (Someone on the inside sold it to him, but the price hasn’t been reported.)  They helped Comeaux hide it there in his Huntsville cell until he got an opportunity to use it.  And, once he was on the lam, he got help from a criminal network connected to the prison system – staying in safehouses and the like. 

Comeaux told the activist that he was part of a group planning a larger escape, but he got antsy and decided to make a break for it himself.  (Riding that bus and getting nearer to a hospital team that might blow the whistle on his fake paralysis might have been a factor — but that hasn’t been substantiated.)

Oh, and Comeaux gave Quanell X names of those who helped him — identifying members of this Secret Network inside the TDCJ. 

Texas Department of Criminal Justice Responds – Comeaux Just Pulling Another Con

At the get-go, the  TDCJ Inspector General John Moriarty has stepped up to the plate and said that while all of this will be investigated,  it is his opinion that Comeaux is a liar.  Moriarty points to how he was wearing the same clothes for eight days as belaying the existence of any criminal network. 

But that doesn’t explain the gun that an inmate had on a prison bus.  It doesn’t explain how he faked being handicapped for all that time while in lock up, either. 

Enter the Texas Rangers, the Texas Legislature, and the Lt. Governor

This week, two Texas Rangers met with Arcade Comeaux.  So did State Senator John Whitmire (D-Houston), chairman of the Texas Senate’s Criminal Justice Committee.  

Senator Whitmire should be pretty interested in a full investigation of prison smuggling — as you’ll recall, it was State Senator John Whitmire who was threatened last year by a Texas Death Row inmate who was using a smuggled cellphone. 

Lt. Gov. David Dewhurst has formally requested that Whitmire’s committee hold hearings investigating how various items of contraband (including Arcade’s gun) get smuggled into these lock-down facilities.  Dewhurst has also requested legislative investigation into how Comeaux could con so many law enforcement officials that he was an invalid, needing a wheelchair.  (This is especially interesting since Dewhurst already has two year old video from the prison showing Comeaux could walk.)

Let’s all watch this story and see what happens.  Looks like this is just beginning and who knows how big this story may get ….

December 7th, 2009

Cop Watch: Two Independent Incidents of Local Cops Facing Assault Charges, Are Our Cops Dangerous?

While it may be the fodder for many a TV cop show, it’s also the basis of many an academic research study:  the behavior of police officers both on and off duty, and how their unique psychological situations may make them more prone to violent behavior.  Last week, we had two cops making the news for their off-hours exploits – misplaced aggression that put them over the line.

First, a Dallas cop was arrested last week over in Duncanville for misdemeanor assault based upon family violence.  This female police officer was allegedly involved in a domestic dispute with her husband and the Duncanville police not only were sent to her home, but arrested her for an assault charge that could carry one year’s imprisonment and a $4000 fine if she is convicted.  According to media reports, her husband had visible injuries and the arrest occurred only after both husband and wife were interviewed.  Officer Barbara Ann Chandler remains on the job with the Dallas Police Department as these charges progress in Duncanville; however, she’s on desk duty. 

Second, former Dallas cop Randy Anderson just get sentenced to 45 days in jail with 4 years probation (deferred adjudication) and a $1500 fine for an event that occured back in December 2007 involving country music singer Steve Holy.  A Dallas police officer at the time, Anderson was off duty and allegedly drinking with fellow off duty cop Paul Loughridge when things got messy.  (Loughridge is still awaiting trial.)  Seems Anderson, Holy, and some others were drinking festive beverages at Holy’s home after meeting up at a nearby bar, according to media reports, when Anderson demanded identification from Holy – who didn’t readily comply – resulting in Anderson drawing his weapon and pointing his gun at Holy.  Anderson was convicted for aggravated assault.  (Randy Anderson’s employment with the Dallas Police Department was terminated after the incident. )

This two stories are just from last week … but what are they telling us about off-duty cops being dangerous?

The domestic violence story regarding Dallas Police Officer Barbara Ann Chandler and the aggravated assault conviction of former Dallas cop Randy Anderson should be a rarity, right?  But they’re not. 

Cops themselves recognize the murkiness of that line between on-duty and off-duty behavior (see e.g., “12 Rules for Off Duty Conduct” by Lindsey Bertomen“) and law enforcement organizations study “…the impossible mandate of police work in a free society,” (see The Challenge of Selecting Tomorrow’s Police Officers from Generations X and Y by Francis McCafferty, M.D. in the Journal of the American Academy of Psychiatry and the Law). 

Do a quick Google search for “off duty cops dangerous” and read story after story in this country about police officers being very, very dangerous on their off-time. 

Perhaps the question isn’t if Dallas cops are dangerous, but if all cops that are off-duty should be considered powder kegs?  Imagine the wife of the Texas police chief who Tasered her at home last April would say “yes” to that question ….

November 30th, 2009

Cop Watch: State Agency Bulletin Reveals Texas Police Officers May Not Know Current Laws

You leave your house to go to work, to school, to the grocery store.  And you assume that the police officer parked at the intersection or standing watch on the corner knows his stuff.  He or she is there to protect and serve, and you’re confident that they know the laws that they are enforcing.  Right?  Right.

And you’d be wrong.  Wrong.

Earlier this month, the Texas Commission on Law Enforcement Standards and Education (TCLEOSE) issued a state-wide bulletin.  The bulletin went to every police academy across the state — all 103 of them.  In it, the Commission warns those who are teaching police officers their Texas law that they teach the cadets using CURRENT LAW. 

That’s right.  Apparently, police academies have been teaching officers from outdated law books and they’ve been using curriculums that don’t jive with the current state laws and regulations. 

How long has this been going on?  For years, apparently — since this brouhaha started over the Texas Sodomy Law, which was removed from the Texas lawbooks over six years ago.  Seems a Texas police officer told a gay rights group that the sodomy law was still good, an academy class was still teaching the law to academy students. 

That one conversation has led to this Commission Bulletin being released this month.

Now, let’s see what the media folk turn up — surely some enterprising reporter will be combing thru the Police Academy textbooks and teaching curriculums to see what else the police are being taught today …. 

November 25th, 2009

DA Watch: Dallas DA Watkins’ Wife Works for 7 Judges Watkins Goes Before in Criminal Cases and DMN Is Crying Foul

Different parts of the state do things differently, and here in Dallas the way that criminal case workloads are distributed among the courts is through assigning certain judges to hear criminal cases specifically.  Other judges in other parts of Texas might have a smorgasbord of matters — civil and criminal, probate and family along with felony or misdemeanor.  Not here.  And many say that our Dallas system works just fine. 

The DA’s wife is a paid political consultant for 7 criminal court judges and the media is asking questions

However, the Dallas Morning News is disturbed because the wife of our current District Attorney is acting as a paid political consultant - i.e., working on the election campaigns – for seven judges who hear criminal cases in Dallas County.  Since Craig Watkins is the head prosecutor in Dallas, even if he isn’t personally in a courtroom on a particular day in front of one of these judges, one of his underlings is. 

And the media is suspicious about Tanya Watkins being involved in campaigning for folk who rule on cases her husband is prosecuting.  They’re wondering about it… as are others

Picture it. 

There’s the judge.  He’s paying a nice chunk of change to the wife of the attorney setting in front of him, arguing for a conviction on behalf of the state, so that the wife can get him re-elected.  Does that judge hypothetically have a reason to favor the prosecution? 

Now, Tanya’s campaign work for these judges has been okayed by the Texas Commission for Judicial Conduct. 

In an email that DA Watkins sent to his Republican opponent –not Gromer Jeffers and Jennifer Emily of the Dallas Morning News who are covering this story and bringing it to the public’s attention — Watkins points out that his wife has the okey-dokey of the TCJC.  Nuff said, right?

Well, maybe not.  Long ago in this state we had something we took seriously:  the idea that lawyers and judges both should avoid even the appearance of impropriety in order to keep up public respect and confidence in our efforts. 

Does the above scenario comport with avoiding the appearance of impropriety?  Many are arguing it does not. 

Perhaps Mrs. Watkins would have been wise to take her honed campaigning skills – learned from her husband’s own winning political runs – and used them in legislative and executive races.  Anything but the judiciary that has direct contact with her husband.  

Because by not doing so, this may well become a true Pandora’s box ….