Archive for November, 2009

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  Apparently, police academies have been teaching officers from outdated law books and they’ve been using curriculums that don’t jive with the current state laws and regulations.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

November 23rd, 2009

Cop Watch: Suicide by Cop Happens in Texas – or Does It?

Today, the Texas Rangers are investigating the deaths of two young men who were killed by a policeman’s bullets.

A 28-year-old and a 30-year-old both killed by police gunfire in the past two weeks

The Rangers are involved in determining what happened in the shooting death of 28 year old Tabaris Brown in Childress, Texas, on Saturday as well as the shooting death of 30 year old Jaime Almaguer in New Braunfels two weeks ago.

The Death of Tabaris Brown

According to media reports, Brown died in a restaurant parking lot on US 287, where he stopped his vehicle after a chase with police. Exiting the vehicle, Brown is said to have had a gun in his hands according to at least one eyewitness who is not a cop — and that Brown raised his gun toward the officers. Ballistics is testing whether or not Brown fired his weapon at the police before they opened fire on Brown.   

The Rangers’ spokesman has told the media that their investigation has revealed at least one friend and one family member that substantiate the fact that Brown did travel with a loaded gun in his car.  (In case you were wondering about a plant. Good question, right?)

The Death of Jaime Almaguer

Newspapers across the state are monitoring the story of Jaime Almaguer, who was shot and killed by police while he was standing in the southbound lane of IH35 as the highway travels through New Braunfels.  Almaguer died on the freeway early on the morning of November 11th, and traffic headed toward San Antonio and Mexico-way was blocked from the roadway crime scene for much of that Wednesday. 

Almaguer was being sought by police for questioning in the death of his alleged girlfriend, Jennifer Trader, whose body had been found in her San Antonio apartment with a single gunshot wound to the head.  Law enforcement purportedly was about to give up their manhunt for Almaguer, when he was spotted walking along the IH35 access road  in New Braunfels. 

According to media reports, Almaguer had not only told relatives in New Braunfels that he had killed somebody in San Antonio, but he was also in communication with law enforcement as their manhunt progressed, and Almaguer is said to have told New Braunfels police that he was armed and he wanted a shootout with the cops. 

Where these two incidents of Suicide by Cop? The Texas Rangers Will Find Out ….

It is sad but true that there are occasions where individuals have lost their trust in the criminal justice system of this country to such a degree that they cannot fathom facing arrest and teaming with a criminal defense attorney to fight against the charges.  (Defense lawyers CAN help, but clients have to call, take that first step.)

Instead, these tragic souls decide to take a stand against law enforcement in a doomed scenario, where they are knowingly outmanned and outgunned.  These situations have come to be known as “suicide by cop.”

It is also sad but true that there are also occasions where individuals are killed by police and the shootout is labeled a “suicide by cop” to cover up an error of law enforcement, with a gun left convincingly close to the victim’s body.  Many are suspicious of events where the police kill individuals – especially when their loved ones’ deaths are then investigated by the police department’s internal affairs division.    A question can be raised regarding the rising trend of Suicide by Cop — is it real? 

The Texas Rangers are an independent organization, with a steady reputation of working with federal agencies as need be (we’ve posted about these joint efforts many times) to find and stop corruption within the Texas criminal justice system.  Based upon media reports, they have a plethora of potential evidence in the New Braunfels shooting: e.g., videotapes taken during the manhunt, audiotapes of the conversations that the suspect had with police prior to the shooting. 

Whether or not Almaguer’s death was a suicide by cop should be easily determined (and from media reports, it does appear to fit into the Suicide by Cop pattern – especially the taped admissions by the decedent that he wanted to engage in a shootout). 

However, the Childress killing does not appear to be so easily investigated.  Curious by its absence are any video or audio of the altercation between the police and Brown in that restaurant parking lot.  Those police car dashboard cams?  The cameras weren’t pointed in the right direction, says Childress Police Chief Reece Bowen, so they didn’t capture the event on tape.  And the audio? It wasn’t working.  Bowen says his equipment is old, and just wasn’t working.  That they’re a “poverty level police department.” 

Which makes it a bigger job for the Texas Rangers, doesn’t it?  Wonder what the media will be reporting about the gun found with Brown, and the story that its spent shell casings (if any) at the scene have to tell ….

November 18th, 2009

Cop Watch: The Saga of Dallas County Constables Jaime Cortes and Derick Evans – Dan Wyde Enters the Fray

Earlier this month, we looked at Dallas County Constables Jaime Cortes and Derick Evans because they have filed legal arguments with the court (which are set for hearing on November 23rd) that the Dallas County Commissioners do not have the legal right to investigate county constables.  Our concern at the time was the taking of the constables’ computers, with all the information contained on the hard drives being seen by who knows how many folk — and the possible privacy invasions that are occuring regarding innocent people wrongfully charged or investigated. 

Computer Privacy and Towing Contracts and Who’s Investigating Who

Back in August, we looked at the same two Dallas County Constables, wondering if District Attorney Craig Watkins was going to investigate Constable Cortes or Constable Evans after the big write-up in the Dallas Morning News about their alleged connections with the Dowdy Ferry Auto Services (a towing company).  

Interestingly, the investigation that’s making all the press this month isn’t anything that DA Watkins has done — it’s the Dallas County Commissioners own investigation that is causing the brouhaha, and attorneys for the Commissioners will be in the courtroom on November 23rd, not lawyers from the District Attorney’s office. 

Well, there’s another twist in the story of County Constables Cortes and Evans as of last week.   

Now, the Dallas Morning News has reported that formal contracts exist between these two Constables (for Precincts 1 and 5) and the Dowdy Ferry Auto Services.  But the big part of the News’ story doesn’t appear to be the contract so much as the attorney representing the towing company:  Dan Wyde.   The newspaper’s online version goes so far as to reference its 2006 story on attorney Wyde, from when he was running for District Attorney, and all the controversies that surround him. 

So many things to ponder here.  And many of them are found in the Comments to the DMN story….

November 16th, 2009

Crime Watch: Citizens Face Felony Charges While Illegals Get a Free Pass Thru Deportation

You’d think that someone who had been charged with a serious crime like murder or kidnapping here in Dallas County would have to set in a Texas jail cell until trial, if they couldn’t make bail.  And that would be true if they were a U.S. Citizen.

If they’re awaiting trial and they’re in this country illegally, then it’s an entirely different story. 

They get to go free – as long as federal immigration officials keep up their job of deporting illegal aliens.  The federal government just swoops into our county jails, gathers up those that aren’t citizens or without the proper papers to be here in the U.S.A., and transports them back to their home countries.   Where they are set free.

That’s right.  Free. 

And this isn’t anything new.  It’s been going on since 1991.  Media coverage doesn’t give a head count, but apparently this has been going on for a long time, all over the country.  The Dallas Morning News references a study among prosecutors that over 1000 defendants charged with serious felonies have been released via deportation, but there’s no details given on these statistics. 

And, yes, there’s been some attempts to change things – but they haven’t been successful.   Back in the Spring of 2009, New Jersey Congressman Rodney Frelinghuysen introduced a bill that would prevent illegal aliens from being deported before their criminal case had been resolved.  Apparently, that bill didn’t get far. 

So, right now if you’re an illegal alien charged with a serious felony and setting in the Dallas County Jail, calling Immigration might be a real smart move.  Because quite frankly, even the best criminal defense attorney in the State of Texas can’t top this “get out of jail” free card.  

November 12th, 2009

Cop Watch: Dallas Police Chief Resigns With Public Accolades While Dallas Morning News Reporters Tell a Different Story

It’s all over the news today that Dallas Police Chief David Kunkle is quitting his job as Head Cop for our fair city — and lots of folk are speaking out about what a great job he’s done for the community. 

His resignation letter has been published in the media, and it includes a litany of successes that Chief Kunkle points to with pride.   Dallas City Manager Mary Suhm has been quoted as explaining that Chief Kunkle wants to “term limit” himself, under the belief that there is a “shelf life” to the job. 

Dallas Mayor Pro Tem Dwaine Caraway calls Kunkle’s resignation a “loss to Dallas.”   Media reports in Dallas and Houston point to a record over the past five years where the crime rate was reduced “radically.” 

Which brings us to Tanya Eiserer and Steve Thompson. 

Eiserer and Thompson are two reporters working at the Dallas Morning News, and they have a story to tell.  The Dallas Morning News is reporting that these two truth-seekers have discovered that Chief Kunkle’s crime reporting has been questionable. 

Specifically, stories by Eiserer and Thompson have been published in the Dallas Morning News detailing that (1) the deparment was not counting all car burglary reports in its official tallies (published in September 2009) and (2) the department for many years has been recording complaints of attempted burglary as simple vandalism (published in November 2009).  Those, of course, are two different animals — and importantly, the reporters point out that doing this creative categorization goes against federal guidelines, to boot. 

This morning, the Dallas Morning News is asking if the real reason that Chief Kunkle is resigning without any new position lined up — remember now, he’s purportedly had a long term plan to “term limit” himself according to Suhm — is due in part to the efforts of Eiserer and Thompson.   And, we all remember just last month, when the Chief got a lot of bad press on a national scale when it was revealed that his officers were fining drivers who could not speak English. 

Curious, isn’t it?  Gotta wonder if another shoe is about to fall ….

November 9th, 2009

Judge Watch: FBI and Texas Rangers Arrest Another Texas Judge

Last Thursday, the Federal Bureau of Investigation and the Texas Rangers continued their state-wide clean up of the Texas judicial system as Texas authorities arrested Athens, Texas municipal judge Monica Corker for the charge of Abuse of Official Capacity.   

Working with the federal law enforcement experts, the local District Attorney’s office with the County Sheriff took Judge Corker into custody for the one charge,  and after inventorying the contents of her purse, charged her with a second felony — Fraudulent Possession of Identifying Information.

Judge Corker posted bond and was released from jail that same afternoon.  You can bet we’ll be hearing more on this case, especially since rumors are flying around the local cummunity that Judge Corker isn’t going to be the only official that will be charged.

By way of recap, let’s review some other bad acts of Texas Judges that we’ve posted here on the blog (and this isn’t a complete list, by the way): 

El Paso State District Judge Manuel Barraza arrested by the FBI on four counts of federal criminal activity that is being described as taking bribes and soliciting sex from defendants appearing before him; the grand jury indictment includes three charges of “wire fraud and deprivation of honest services” and a fourth charge of lying to a federal agent. (Judge Barraza’s trial just got moved to January 2010.)

Tarrant County municipal court Judge Tiffany Lewis took a plea  after the drama of stopping trial just before opening statements began, pleading guilty to a felony charge of misapplication of fiduciary funds (she’s alleged to have taken around $70,000), whereupon she was sentenced to 60 days in jail and 10 years probation.  (The State Bar of Texas already ordered her to payback the money that was taken.)

Galveston Federal District Judge Samuel Kent investigated and arrested for sex crimes and indicted (formally charged) with three federal crimes: (1) two counts of abusive sexual contact and (2) one count of attempted aggravated sexual abuse.  (Judge Kent’s already serving jail time.)

Houston Criminal Court at Law Judge Donald Jackson was indicted in September 2009 for official oppression and the Judicial Commission has stopped Judge Jackson from taking the bench. 

Dallas County State District Judge Bruce Priddy was arrested for DUI, sued by the Texas Attorney General on campaign finance issues, “publicly warned” by the State Commission on Judicial Misconduct, and suspended from the practice of law — and all the while, kept right on hearing cases from the bench.  (Judge Priddy’s still on the bench today.)

Chief Justice of the Texas Court of Criminal Appeals Sharon Keller was sued in civil court, forced to update her personal financial statements which added over $2 million, and faced trial this summer for her actions on the day that Michael Richard was executed.  (There hasn’t been a decision at this juncture on that formal trial of Justice Keller as of today.)

November 4th, 2009

Judge Watch: Federal Trial of Judge Barraza Gets Moved to January Right Before Jury Selection

Back in April, we wrote about the shocking fall from grace of Judge Manuel Barraza, as he was arrested in El Paso by federal authorities on charges of taking bribes and other bad things. 

And now just as the federal trial was about to begin where Judge Manuel Barraza is being tried for fraud everything stops.  Why?  Because the defense succesfully argued that they need more time to review new evidence presented to them by the U.S. Attorney’s office. 

The panel of potential jurors was all ready for jury selection to begin, and then the continuance hit.  Bet they aren’t too upset about the delay.

Barraza’s federal trial is re-set to January 19, 2010. Wanna bet we here of a deal being struck?

Interestingly, Judge Barraza’s attorney is Marvin Mosbacker, one of the co-indictees with Dick Cheney in the Guerra corruption charges filed last year in Raymondville regarding private prison abuses and moved by Judge Manuel Banales (not Barraza) to the Texas Supreme Court. 

Small world.