Archive for June, 2009


June 29th, 2009

JUDGE WATCH: Corpus Christi Judge Banales Asked to Be Removed From Case of Big Campaign Supporter

Just last week, we pointed to the new U.S. Supreme Court case that dealt with campaign contributions and judges across the country – with a warning that the judiciary was to avoid even the appearance of impropriety. And we predicted lots of activity based upon this new precedent.

And here it comes ….

Less than a week after Caperton v. Massey came down, Nueces County District Attorney Carlos Valdez has moved for the recusal of Judge Manuel Banales from the pending case of Mauricio Celis. The motion was filed on Wednesday, the US Supreme Court decision came down on Monday.

Seems that Mr. Celis is a well known Democratic fundraiser down in Corpus Christi, and the DA is arguing in his motion to remove Judge Banales that the judge received campaign contributions from some law firms that are somehow connected to Mr. Celis.

Who is Mauricio Celis?

Who is Mr. Celis? Well, he’s interesting. Seems he was convicted last February of pretending to be a lawyer, and he was facing a year in jail, until Judge Banales removed the old trial judge and changed the sentence to 10 years probation. And, he’s still got to face trial on other charges — such as theft, money laundering, and impersonating an officer. (Judge Banales isn’t hearing those charges, he already transferred those matters over to another Nueces County judge.)

Let’s see what happens next week, right?

Posted by Michael Lowe at 3:56 pm

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Labels: Judge Watch


June 24th, 2009

COURT OPINIONS: US Supreme Court Nixes Judges Accepting Big Campaign Donations Due to Appearance of Bias

The U.S. Supreme Court decision in Caperton v. Massey (read the opinion here) came down yesterday, and we’ll have to see how much it impacts Texas Judges — and how often they recuse themselves from cases.

Texas Judges Run for Office: They Kiss Babies and Take Contributions

In Texas, judges run for office. (The federal judges are appointed.) Running for office is expensive. Judges have to campaign: they shake hands and kiss babies — and take money from contributors.

The Caperton decision is big news because the highest court in the land has warned judges everywhere that if they are elected, then they must not allow even the appearance of bias regarding accepted contributions. They must recuse themselves if there is even the RISK of looking like they are playing favorites (emphasis added):

Although there is no allegation of a quid pro quo agreement,the fact remains that Blankenship’s extraordinary contributions were made at a time when he had a vested stake in the outcome. Just as no man is allowed to be a judge in his own cause, similar fears of bias can arise when — without the consent of the other parties — a man chooses the judge in his own cause. And applying this principle to the judicial election process, there was here a serious, objective risk of actual bias that required Justice Benjamin’s recusal.

Caperton, 556 U.S. ___ 2009 (slip opinion, p. 3).

How This May Impact Texas Judges

In Texas, at first glance this is not that big of a deal because we’ve already got a $5000 cap on campaign contributions to judicial campaigns. (There’s a $30,000 total contribution cap on members of a law firm.)

However, special interest groups don’t fall within that legal cap and Caperton may impact their activities in future campaigns. In criminal law, special interest groups are very active and it will be interesting to watch campaigns in the future to see how this decision from D.C. impacts our state in the future.

Excellent Warning by the Dissenters

In his dissent (joined by Justices Scalia, Thomas and Alito), Justice Roberts already warns that “this will inevitably lead to an increase in allegations that judges are biased, however groundless those charges may be,” as he criticizes the majority opinion for failing to place clear guidelines for judges on when they should recuse themselves as part of the decision.

Justice Roberts is right. This decision is going to be used to try and push judges off cases – a new kind of forum shopping, sorta. We all know it.

Posted by Michael Lowe at 2:18 pm

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Labels: Court Opinions, Judge Watch


June 22nd, 2009

Cop Watch: Harlingen Cop Fatally Shoots Man in the Back, Juan Angel Guerra On the Case

Down Harlingen way, it was cold back in January so Diego Rivas-Soto started a fire under the Highway 77 overpass to keep warm. Rivas-Soto was a Mexican national, with family living in Durango. He was here, looking for work.

Drawn by the fire, the police showed up. Rivas-Soto was obviously frightened, and according to the police version of events, pulled a knife. So they shot him.

Rivas-Soto was shot in the back.

Now, the autopsy reports are in — and more of the story has come to light. Rivas-Soto was fatally shot by a police shotgun blast.

And he was shot in the back. This has been confirmed by the Medical Examiner.

Was he a terrorist or a drug trafficker? Nope. He was just a guy without enough cash to pay for a room on a cold night. In fact, Rivas-Soto was a husband and father, only 41 years old when he died. He had left his wife and five children in their home of San Juan del Rio, a hamlet outside of Durango, Mexico, to get some kind of work in Texas.

Juan Guerra Representing the Family

Juan Angel Guerra is representing the family, and he’s working hard on the case. He’s using his past experience as a 3-term district attorney to question the actions of the Harlingen police department and current district attorney’s office, and he’s already released a copy of the autopsy reports to the news media.

According to Guerra, Riva-Soto was shot in the back twice, and he was shot after he was already down on the ground. Guerra appears to be very suspicious – even incredulous – of the official police version of events, and he’s taking his concerns to the media.

You’ll remember Mr. Guerra.

Last fall, we posted about Mr. Guerra’s charging then Vice-President Dick Cheney, and others, with responsibility for abuses in privately-run Texas prisons, and about the suspicious nature of his last campaign for a fourth term as district attorney of Willacy County where some were of the opinion that Guerra had been the victim of some manipulative tactics to get him out of office.

I’m sure we’ll be hearing more about the untimely death of Diego Rivas-Soto. And Juan Guerra.

Sources:

KRGV
http://www.krgv.com/news/local/story/Family-Of-Man-Shot-By-Police-File-Lawsuit/aiBZo2TZ9kab2AfJM_BXCg.cspx

The Monitor
http://www.themonitor.com/articles/shot-27789-attorney-suggests.html

Posted by Michael Lowe at 2:51 pm

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Labels: Cop Watch, Crime News


June 17th, 2009

JUDGE WATCH: Houston Judge Caught on Video Allegedly Keying Neighbor’s Car Now Subject of Grand Jury Felony Investigation

Down in Houston, the Grand Jury is watching the video below, as well as other evidence, to decide whether or not felony criminal charges should be filed against retired visiting judge Woody Densen.

Seems Judge Densen may have vandalized his neighbor’s Range Rover (as well as the neighbor’s girlfriend’s Mercedes). And the neighbor was on the lookout: he installed surveillance cameras, which were videotaping the judge as the judge walked past his SUV.

The judge does act suspiciously in the video, but geez. It’s in the middle of the day. And he’s a judge. And he’s 69 years old. Surely the judge — or the Grand Jury — is getting punked?

Neighbor Did His Investigation

Well, maybe not. Apparently, the neighbor has been having problems with the vehicles in his driveway being damaged for awhile now, and he’s done his homework to figure out what’s been going on here. And, the harm does add up: the latest scratch marks on the Range Rover will cost $1500 to repair. That’s a hit. And, over time, those repair bills may really be adding up.

What’s the worst he could get if he did scratch — or “key” — his neighbor’s vehicle? Well, it’s more serious than you might think. Judge Densen could be charged with felony criminal mischief, facing jail time and a $10,000 fine. Additionally, he could face disciplinary proceedings brought by the State Commission on Judicial Conduct (which would put his ability to substitute for judges on vacation, medical leave, etc. at risk).

What Can Happen to the Judge?

Given that he’s retired, and 69 years old, if the Commission were to suspense him from taking the bench for a period of time, that probably wouldn’t hurt too bad.

Felony charges, that’s gonna hurt. Ten thousand buck fine plus up to two years in jail is serious punishment.

Seeing this video plastered all over the web? Definitely gotta hurt. You’re a JUDGE, man.

http://abclocal.go.com/ktrk/video?id=6866291

Source:

ABC13.com
http://politicalblog.abc13.com/2009/06/visiting-judge-investigated-for-vandalizing-car.html

Houston Chronicle
http://www.chron.com/disp/story.mpl/front/6480140.html

Posted by Michael Lowe at 9:00 pm

1 Comment
Labels: Judge Watch


June 15th, 2009

DA Watch: Tarrant County DA Seeks Recusal Again in Death Row Case Due to Prosecutor Misconduct

Earlier this year, we posted about the Tarrant County DA recusing itself from the Michael Toney case after it was revealed that the District Attorney had failed to turn over extremely important evidence to the defense that might well have kept Toney from being convicted, much less sentenced to Death Row.

In the Toney case, it took 23 years before the Fort Worth District Attorney’s Office came forward and revealed that these documents were intentionally withheld from the defense. What district attorney was involved? Mike Parrish.

On Friday, a hearing was held before visiting District Judge Steven Herod in another case Mike Parrish prosecuted during his tenure at the Tarrant County District Attorney’s office. Another case where a sentence of death was given.

In that hearing, Judge Herod heard evidence that Mike Parrish withheld evidence from the defense counsel for Death Row inmate Chelsea Richardson — and also interfered with her attorney-client privilege. Two biggies. Two big No-No’s.

This time, the Tarrant County District Attorney’s office may get removed from the case, but they’re not doing so voluntarily: the Judge isn’t hearing a motion to recuse this time, as the DA filed in the Toney case. This time, Richardson’s defense counsel is bringing the matter before the court.

What was withheld in the Richardson case?

The psychological report of a co-defendant, which would have been favorable to Chelsea Richardson, who was portrayed at her trial as the Evil Mastermind in the murder of her boyfriend’s parents. (Guess the psych report helped with the argument that the co-defendant wasn’t so easily manipulated….)

How was the attorney-client privilege purportedly interfered with by the DA?

Richardson’s attorney is also contending that Mike Parrish did not reveal to anyone — much less the judge — that Parrish was getting scoop under the table about the case from Richardson’s defense attorney’s paralegal. Whoa Nellie.

Tarrant County DA Isn’t Going Away Quietly Into That Good Night

This time, unlike the Toney case where the Tarrant County DA filed its own motion to remove itself from the case, the DA isn’t admitting Richardson was wronged.

At the hearing, according to media reports, Tarrant County ADA Charles Mallin argued that Michael Toney “was a completely different matter” — and that situation was irrelevant to Richardson. They argued to the visiting judge that there isn’t proof that the DA’s Office has any conflict upon which to base a removal.

Let’s see what Judge Herod thinks about that ….

Sources:

Houston Chronicle
http://www.chron.com/disp/story.mpl/ap/tx/6477205.html

Fort Worth Star Telegram
http://www.star-telegram.com/metro_news/story/1431236.html

Posted by Michael Lowe at 5:03 pm

1 Comment
Labels: DA Watch


June 10th, 2009

Cop Watch: Austin Cop Tasers 72 Year Old Woman TWICE – Watch Video

You know, this blog has posted about a cop using a Taser on his own wife. And that was bad. This blog has posted about cops using Tasers on the father of the bride during a wedding reception. And that was bad, too. There was also the recent post about the use of a Taser of a Galveston man, where he died. That’s horrible.

But this Austin cop (actually a Travis County Constable), caught on video, using a Taser TWICE on a 72 year old woman during a traffic stop is just unbelievable.

This story has hit international media sources, and the BBC is reporting that the woman is considering a lawsuit, and the Austin American Stateman is reporting that the law authorities are standing behind the constable, taking the position that the elderly woman was dangerous.

You watch the video. You decide.

Sources:

Austin American Statesman
http://www.statesman.com/news/content/news/stories/local/2009/06/10/0610tasered.html

BBC
http://news.bbc.co.uk/2/hi/americas/8094023.stm

Posted by Michael Lowe at 6:32 pm

1 Comment
Labels: Cop Watch, Orwellian Threats to Rights


June 8th, 2009

Cop Watch: Texas Rangers Investigating 2 Seguin Cops in 2 Separate Incidents

Seguin Police Chief Kevin Kelso, according to media reports, first became aware of some bad stuff going on within his department when he got word that the Texas Rangers were investigating one of his officers — so Kelso put this officer on paid leave.

Sometime after that, a second set of facts revealed themselves about another Seguin police officer, and a second investigation into these allegations is also being undertaken. Kelso is threatening this second cop with termination.

The media coverage hasn’t given great detail about what’s going on over in Seguin, but through the Texas Public Information Act, the Seguin Gazette-Enterprise has reported about three letters that have been released to them.

First Seguin Police Officer – Allegations of Some Type of “Criminal Complaint”

The first two letters, from Chief Kelso to the first officer, reference allegations of a “criminal complaint,” and the placing of the first officer on paid leave. The second letter to this same officer forbids him from entering the Police Department “for any reason at any hour,” and gives Kelso’s request that the officer stay in his home and available to investigators during normal business hours.

Second Seguin Police Officer – Allegations of “Improper Relationship with a Minor Child”

The third letter was written by Seguin Chief Kelso to the second, unidentified officer just last Friday. This letter gives more details into what the allegations are against this Seguin cop, and the letter itself is quoted in the Seguin Gazette Enterprise and reprinted here:

“I am considering termination of your employment for conduct unbecoming an officer of the Seguin Police Department…. Specifically, it is alleged by two local educators that you have engaged in an improper relationship with a minor child and that you are responsible for inappropriate communications (text messages) with that child.”

Interestingly, the San Antonio Express News is reporting these two police officers as being one currently on the force, and one who has “recently left the force.”

Sources:

Seguin Gazette-Enterprise
http://www.seguingazette.com/story.lasso?ewcd=22b2e3dd51dd606f

San Antonio Express News
http://www.mysanantonio.com/news/local_news/Texas_Rangers_probe_sex_allegations_against_Seguin_officers.html

Posted by Michael Lowe at 2:37 pm

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Labels: Cop Watch, Corrupt Cops


June 3rd, 2009

JUDGE WATCH: Judge Samuel Kent Resigns in 2010 (Next Year)

They may say a lot of things about Judge Samuel Kent but no one can say he’s not clever.

As you know from earlier posts, Judge Kent took a plea deal and is set to start serving time next month for obstruction of justice in a case alleging sex crimes by the Judge against court employees. Being under official retirement age, Judge Kent sought special disability stature (he’s claimed bipolar disorder, as well as depression and anxiety) in order to keep benefits coming to him that would otherwise go away with his leaving the bench.

Fifth Circuit’s Edith Jones Letter

Edith Jones, Chief Justice of the Fifth Circuit Court of Appeals, nixed that in a formal letter posted here for your review. Justice Jones unequivocally shut the door on Judge Kent’s disability claim.

Next move, Kent’s. Judge Kent sent a formal letter of his own, resigning his position as a federal judge — and here’s the catch. He’s resigning EFFECTIVE JUNE 2010. That’s right. One year from now.

This keeps Kent’s federal pay and benefits coming in for a full year after he goes to jail. And, by the time that Congress could finalize his impeachment proceedings, that year will have passed anyway.

Which is Kent’s biggest argument and what some say is a clever masterstroke — by sending this letter, Kent has kept his financial position intact for a year and he’s made the impeachment relatively moot.

Except for those that are calling Kent’s 2010 resignation letter “thumbing his nose at Congress,” “outrageous” and something that “… continue[s] to prove that he is unworthy of public service….”

So, what’s next?

Well, Congress is going to go forward with impeachment proceedings. And, let’s not count out serious legal minds like Edith Jones to be thinking of ways to counter Judge Kent’s latest move.

Judge Kent sure is manuevering like a master, especially for someone so overcome by mental conditions that he is to be considered completely disabled, huh?

Sources:

FoxNews
http://www.foxnews.com/politics/2009/06/02/texas-judge-facing-impeachment-sex-abuse-case-submits-resignation/

Houston Chronicle
http://www.chron.com/disp/story.mpl/front/6454143.html

Posted by Michael Lowe at 3:11 pm

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Labels: Judge Watch