Archive for 2009

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.

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????