Archive for October, 2009

October 28th, 2009

Judge Watch: 2460 Year Prison Sentence Upheld by Texas Appeals Court, More Great Publicity for Texas Criminal Justice System

Once again, Texas courts are making international headlines and not in a good way. 

This week, the Texas Court of Appeals for the Second Circuit over in Fort Worth issued its decision in the case of James Kevin Pope.  Seems Mr. Pope was tried and convicted of sexual assault of a child — an unfortunate crime, to be sure, but not one that rare or unheard of in our state, or in our country.  Heck, Roman Polanski is fighting extradiction on a similar charge right now…. 

It is a particularly disturbing fact pattern, of course:  Pope was convicted of having group sex with his three daughters.   Reaction to these circumstances surely played its part here — but this situation is far from the only heinous fact pattern with which experienced criminal defense attorneys (and criminal court judges) have had to deal.  

Nope, it’s not the crime that is making the headlines — it’s the punishment

What makes James Kevin Pope so newsworthy in places like Sidney, Australia, is the punishment he received — and which the reviewing court approved.  Defendant Pope was sentenced to FORTY life sentences and three 20 year sentences (one for each of 3 counts of sexual performance with a child).  And, the Judge of the 415th District Court over in Fort Worth okayed him serving these sentences consecutively, not concurrently. 

Which means, adding the time periods up as they stack against each other, back to back, you’ve got over 2400 years. 

Using the prosecution’s estimate of 60 years per life sentence, this totals to 2400 years before you add the three 20-year sentences, for a total of 2460 years incarceration as punishment for the crime. 

Of course, everyone knew that the jury voted for this punishment and that trial court judge had the authority to issue his ruling. Everyone also understood that the ruling would go up on appeal.  The trial judge had made a statement with his decision and the appellate court would review things, change the math.

Surprise, surprise.  The Fort Worth Court of Appeals Doesn’t Change a Thing

In a per curiam opinion (Justices Dauphinot, Gardner, and Livingston)(read the opinion here), the Fort Worth Court of Appeals didn’t change a thing.  They determined that there was factually sufficient evidence to support the trial court’s judgment, even if there wasn’t a jury instruction telling the jury which of the alleged criminal acts were the ones that formed the prosecution’s request for a conviction.  Nope  The 2nd Circuit Court of Appeals thought this error to be harmless, and let that Ready-For-David-Letterman’s-Monologue prison sentence stand. 

Just another great bit of media coverage for the criminal justice system of the State of Texas.  We should all be so proud.

October 26th, 2009

Cop Watch: Taser Manufacturer Issues New Safety Warnings and Some Cops are Listening (But Not Enough)

Earlier this month, without much fanfare, the company that makes Tasers (those electric stun guns) changed the wording in its training manuals.  Now, the company is warning users of its product NOT to aim for the chest. 

Why not?  People can be severely injured or killed when those 50,000 volts hit near their vital organs, especially their heart.  (We’ve been keeping a running record of Texas Taser injuries and deaths. )

Some Texas law enforcement agencies are heeding this warning – most aren’t

After the new warnings were issued by the Taser maker, heads of several law enforcement agencies issued public statements in response.  For example, Montgomery County is considering the warning as its agency still reels from the death of suspect Robert Lee Welch, 50 years old, being ruled a homicide by Taser last February.  Harris County Precinct 6 Constable Victor Trevino just flat out suspended the use of Tasers by his officers.  (Harris County Precincts 2, 5, 7 and 8 have already banned the use of Tasers by their deputies.)

Most law enforcement agencies haven’t issued any public statements about any changes in policy due to Taser International’s October 2009 bulletin.   And they should.

The Taser Manufacturer Seems Pretty Direct — Their Product Has Killed People and They Understand Legal Liability

Here’s the lingo from the manufacturer:  using lots of words, Taser International based out of Scottsdale, Arizona, warns the cops that Taser deaths can place the law enforcement agency, the police officer who uses its product, and the manufacturer Taser International “in the difficult situation of trying to ascertain what role, if any, (the device) could have played.”  The company goes on to say that cops should never shoot a stun gun near someone’s chest area “unless legally justified” (whatever the heck that means — “legally justified”).

Look, here’s the bottom line.  Tasers kill people.  The company that makes them knows this.  They also know that cops love their product so much that they’ll buy stun guns out of their own pocket money if their employer won’t supply them.  What to do, what to do? 

Here’s what Taser International has done. 

By issuing this warning to law enforcement, the company is setting up its legal defense when other people die from stun guns.  They are going to point to this language and say “hey, we told ‘em not to point that thing near the guy’s chest,” if he did it anyway, it’s not our problem.  

Wrongful death cases can mean big money damages, and Taser International is trying a preemptive strike here against having to pay out in the future.  While they keep profiting from a product that issues a horrific electric shock upon humans. 

When is the Texas Legislature going to do something about stun guns in this state?

October 21st, 2009

DA Watch: Students’ Hard Work Results in Exoneration of Two Men After 10 Years Into Their Life Sentences

Justice has been victorious all because of the hard work of students involved with both (1) UT-Austin’s Texas Center for Actual Innocence and (2) the Innocence Network at UT-Arlington.

Long after the criminal justice system placed Claude Alvin Simmons, Jr., 54, and Christopher Shun Scott, 39, into Texas prisons for life and threw away the key, these two student organizations originated the efforts that resulted in this week’s exoneration of the two men. What a wonderful thing.

The Killing of Alfonso Aguilar in 1997 & Six Minute Jury Deliberations

Back in 1997, Alfonso Aguilar was shot and killed during a home-invasion. Then, get this: the jury deliberated a mere 6 minutes before convicting Simmons. Scott was also convicted for the murder in a back-to-back trial with Simmons. For ten years, Simmons and Scott — innocent men — have been incarcerated for a murder they didn’t commit.

Students Take Their Concerns to the Dallas County DA

The UT-Austin and UT-Arlington students took their concerns about Scott and Simmons to the Dallas County District Attorney. Working with the Dallas Police Department, the DA’s office opened the cold case and reviewed not only the physical evidence from the crime scene but the confession by another man, Alonzo Hardy, who also passed a lie detector test where he admitted to the killing of Mr. Aguilar so long ago.

Alonzo Hardy Confesses that he and Don Michael Anderson Committed the Murder During a Robbery/Home Invasion

The truth will out, as Shakespeare wrote — and now we know that Alonzo Hardy and his pal, not Simmons and Scott, were the ones robbing the Aguilar home back in 1997 when a capital murder was committed.  Hardy’s pal Anderson has been arrested.  Simmons and Scott have been exonerated and are expected to be released from jail this week. 

Hats off to the UT students who started this ball rolling.  And, congratulations to Mr. Simmons, Mr. Scott, and their loved ones on this happy day.

October 19th, 2009

Cop Watch: Fort Worth Cop Who Tasered Mentally Ill Man to Death Still on Patrol, Police Dept. Closes Its Investigation Without Discipline

Remember the mentally ill man whose family called for help in calming him down — and who the cops Tasered, then sent EMS away?  The young man died — read all the details in our prior post.

Well, according to PoliceOne.Com, the Fort Worth Police Department has closed the file on Officer Stephanie A. Phillips without any disciplinary measures.  She remains out on patrol … you could see her today, protecting and serving in your neighborhood. 

The Fort Worth Police Department Never Removed The Tasering Cop From the Streets

As it shuts the file on its internal affairs investigation into the death of a young man by electrical shock imposed by one of its officers, the Fort Worth Police Department also revealed in its press conference this week that the officer was NEVER taken off the streets while the investigation was being undertaken. So, from April 2009 when Michael Jacobs died to today, when the internal affairs investigation closed, Officer Phillips was always out on the streets, never assigned to a desk job, while her killing of a man was reviewed.

Fort Worth Police Department officials admit that they MIGHT think again once the Grand Jury finishes with the case. The untimely death of 24 year old Michael Patrick Jacobs Jr., occured on April 18th of this year when Officer Phillips used a Taser TWICE on him.

According to the Tarrant County Medical Examiner’s Office, the Taser was used initially for 49 seconds and then again, for 5 seconds. They are practically a single shock since there was only a 1-second time gap between the times that Officer Phillips used her stun gun.

The Medical Examiner ruled this case a HOMICIDE. 

Meanwhile, the Medical Examiner has ruled this case a homicide.  That’s right.  According to the official report, Michael Jacobs was murdered by Taser.   

In the Medical Examiner’s official report, Officer Phillips told a detective after the incident that she “unknowingly kept the Taser trigger engaged for an unknown amount of time when she first applied the Taser, thus increasing the pre-programmed shock duration cycle of five seconds.”  When Michael Jacobs “continued to struggle,” [remember, the cops knew that he was mentally ill and might not understand them, might be very scared and terrified of them] Phillips warned him again that if he did not “cease fighting and comply with officers’ requests, she would shock him again, according to the report. When [Jacobs] failed to cooperate, Phillips shocked him a second time.”

Thank Goodness There are Others Involved in Seeking Justice Here

The Federal Bureau of Investigation is involved in the case, and the Police Chief has told the media that the Fort Worth internal affairs investigative report has been turned over to the FBI.  Bet that’s a big help, right?

The family of Michael Jacobs has sued the Police Department for his wrongful death, as well.  Perhaps between the civil action, the federal investigation, and the grand jury, we’ll hear a little more about the murder by cop via a Taser, and someone will explain why the Fort Worth Police Department hasn’t even slapped the hands of the officer that no one questions killed a man on April 18, 2009. 

Who else is shaking their head that a cop murders someone — it’s officially declared a homicide — and still, the cop never even gets moved to a desk while the investigation is undertaken by Internal Affairs????

October 14th, 2009

Cop Watch: Dallas Cop Kept Police Dept Files in His Garage … Now 2000 Cases Being Questioned

Detective Mickey East is working the auto pound desk today while his Dallas Police Department colleagues are going through his files. 

Seems that Detective East — a career cop, with over 35 years of service to the community — has made a habit of taking work home and keeping it there.  Specifically, police files.  You know, where there are witness statements, lab reports, notes from cops, etc.  Things that attorneys sometimes call evidence.

And there are a lot of files.  Over 2000 of them.  All family violence cases filed since 2005.  Family violence — where wives and  mothers and girlfriends and children are beaten and abused.  Pretty important stuff. 

Right now, the Powers That Be are checking the files over because of a concern that things might not have been handled properly.  There are rules — and there have always been rules — on how the cops are supposed to handle evidence.  Keeping it in your garage isn’t cool.

It’s a Big Huge Chaotic Mess

Now, this might be one thing if the files were all neatly organized and color colded, sealed in boxes, and kept stacked against the garage wall next to the leaf blower.  Bad, but not a nightmare.  If Adrian Monk had files in his garage, we probably wouldn’t lose sleep over the file contents, right?

Well, forget that.  The paperwork is a chaotic mess.  It’s not clear if there is any system at all to the arrangement, Detective East just brought in about a dozen boxes filled with paper, all cascading over with documents and some labelled by year.  East turned them over to his colleagues after an internal tracking system picked up that some case files weren’t in the Dallas Police Department proper. 

Right now, the cops are going thru the files in some tension filled conference room down at headquarters .   The District Attorney is already telling the media that while they’re waiting till the cops finish their run-through of the files, the DA already thinks there will be some new family violence cases filed … maybe a lot of family violence cases. 

This Today Right After Richard Miles Being Freed on Monday– What is Up with the Dallas Police Dept Filing System????

We’ll see.  Meanwhile, you read about this and you think back to Monday, when an innocent man spent 14 years in jail before the note written by a cop that told about the real killer’s identity, location, and confession to his girlfriend and you gotta wonder.   What ARE those Dallas police files like?  Sounds like there’s something rotten in Denmark in how the cops keep track of evidence, doesn’t it?

October 13th, 2009

Cop Watch: Richard Miles Freed After 14 Years In Jail, After Cops Admit Withholding Evidence

Yesterday, Richard Miles became a free man after being jailed for 14 years.  His mom was there, waiting for him, at the Dallas County Courthouse.

Cops Kept Their Mouths Shut Since 1995

In August 1995, Richard Miles was tried and convicted for murder and attempted murder here in Dallas.  And from then until now, the Dallas police failed to tell the District Attorney or lawyers for Richard Miles that an anonymous caller told the cops that another man was the real shooter, not Richard Miles.

Evidence of Richard Miles’ Innocence

Back in August 1995, there were several witnesses who testified that someone else — not Richard Miles — was the man who shot the gun.  They testified that the shooter shot with his right hand.  And that the shooter wore shorts. Richard Miles was wearing pants at the time.  And, Richard Miles is left-handed.

However, the biggest piece of evidence was kept from everyone by the Dallas police:  a woman had telephoned the cops long before the trial and told them her ex-boyfriend was the killer.  The caller told the police that her ex not only told her that he was the one responsible for the crimes for which Richard Miles was being tried, but he had the 9 mm pistol used in the shootings — and he actually showed her the gun. 

Now, the details of what the caller told the cops was noted by someone at the Police Department.  However, the memo with all the details about her call got filed away, and was not found until the files were being reviewed these many years later. 

What Happens Now?

Judge Chatham released Richard Miles yesterday, and while he told Miles yesterday that he could not personally guarantee what the Texas Court of Criminal Appeals would do (can anyone????), he believes that the high court will overturn Miles’ convictions.  Then, Richard Miles was released by Judge Chatham on his personal recognizance and allowed to walk outdoors and into the waiting arms of his mother, friends, and family. 

Now, let’s see.  Will there be a new arrest in this cold case — or will this case just fade away?

October 7th, 2009

Crime News: Michael Toney Dies Within Weeks After Being Freed from Texas Death Row, Are You Suspicious?

Back in 1999, Michael Toney was convicted and sentenced to die for the cruel bombing of a mobile home that killed three people in 1985. 

For years and years, Michael Toney — who had no connection with the victims that was ever found, and who had no physical evidence connecting him to the crime – wrote everyone he could about his innocence.  He didn’t know who put a briefcase with a bomb inside on the Blount’s front stoop, but Michael Toney knew he hadn’t done it. 

Dead Man Walking on Texas Death Row

Few listened, few believed him.  He was the proverbial dead man walking as he spent his days awaiting execution on Texas’ Death Row. 

Amazing Revelation: Prosecutors Withheld Critical Evidence

And then an amazing thing happened.  It was revealed that the Tarrant County District Attorney’s Office had withheld 14 pieces of evidence during Toney’s trial that were key to his defense.  They just didn’t share them with the other side.

With obvious chagrin, Tarrant County prosecutors turned the case over to the Attorney General for the State of Texas.  Suddenly, Michael Toney had hope.

Toney’s Case is Overturned – Michael Toney is a Free Man

And then, just last December it happened.  Michael Toney’s execution was overturned.  After some legal wrangling by the AG’s office, Michael Toney walked out of prison a free man on September 2, 2009.

Within One Month of His Release, Toney Is Dead

No one knows much about what happened between September 2nd and October 3rd.  Michael Toney took up residence in Jacksonville.  What we do know is that it was foggy that Saturday morning.  Michael Toney was out driving his pick up truck on a Texas farm to market road near to Jacksonville, when something happened.  The pickup went off the road and rolled over, throwing Toney from the vehicle.  There are rumors of alcohol being involved, but nothing is certain.   

Michael Toney’s Dies One Month After He’s Freed

So, just one month after Michael Toney walked from Texas Death Row into a second chance at life, he died on a foggy October morning all alone, in car crash.  Sure does make you wonder.

There are reports that the bombing victims’ family opine that Toney may not have died in the wreck, though the Texas Department of Public Safety seems pretty sure that Toney is indeed the one who died that day. 

Is Anyone Else Thinking that Michael Toney’s Death is Suspicious?

What hasn’t been reported yet is the possibility that Toney might have been a victim of someone’s thwarted vengence.  There were a great many folk who refused to believe in Michael Toney’s innocence, and this foggy single car motor vehicle accident should get more than its fair share of CSI treatment. 

Criminal law may make one suspicious, but surely there are some folk out there wondering if there is something rotten in Denmark about this accidental death ….