2009 | Dallas Criminal Defense Lawyer Blog - DWI Attorney

Archive for 2009

September 8th, 2009

Cop Watch: Refugio Chief of Police Indicted after Fed Investigation

The Federal Bureau 0f Investigation (FBI), together with the Texas Rangers, just keeps on its quiet tour of the State of Texas, bopping one law enforcement agency after another with criminal indictments. They’re doing this so often, it’s almost like an adult and scary version of Little Bunny Foo-Foo in that forest with all the field mice ….

FBI and Texas Rangers Investigation Results in Felony Indictment of Refugio Chief of Police

Last Wednesday, the FBI and Texas Ranger team were down in Refugio, watching as the Grand Jury issued an indictment of the Chief of Police for Refugio, Texas (about 30 minutes north of Corpus) on charges of (1) felony theft by a public servant, (2) misapplication of fiduciary property and (3) three counts of abuse of official capacity. Police Chief Chris Brock surrendered the next day and was released after posting $55,000 bond.

Chief Brock is accused of stealing somewhere between $20-100,000 from a police forfeiture account. The investigation took about three years, and started with someone complaining to the Texas Rangers about the forfeiture monies (cash taken from criminals).

Those Tempting Forfeiture Accounts

Forfeiture accounts appear to be very tempting for law enforcement … just this past June, we were posting about over $4,000,000 in drug forfeiture money that was missing from the Jim Wells County accounts and discovered to have been used by the old District Attorney on trips to Vegas and things.

Geez, pondering all those millions missing from the Jim Wells County forfeiture account, it sorta sounds like Refugio Chief Brock wasn’t doing anything much more than hitting petty cash ….

Posted by Michael Lowe at 3:28 pm

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Labels: Cop Watch, Corrupt Cops

August 31st, 2009

Crime News: Lots of things become crimes in Texas starting tomorrow

Starting tomorrow, September 1, 2009, things will change for all of us Texans. Lots of laws go into effect that impact our daily lives, and DPS has given all the details in an online pdf.

Here are some of the biggies:

1. Kids under 8 yrs. old that are shorter than 4’9” must be secured in a booster seat in a vehicle. Little guy and in the 3d grade, you still gotta use a booster in the car.

2. It is illegal to use a hand-held cell phone while driving through a school zone in Texas, but before you can get a ticket there has to be big signs telling you it’s prohibited placed around the school zone.

3. Everyone in a car must buckle up. Backseat, front seat, old, young. If you’re in the car, you must wear a selt belt.

4. Concealed handgun owners do not face a license suspension for refusing to display the license to peace officers on demand. You still cannot carry concealed handguns into bars, duh, but if you are accused of violating this law there is a new defense effective tomorrow: you’re not guilty if the business does not clearly indicate that 51 percent or more of its income comes from alcohol.

5. Minors can now be charged with the crime of public intoxication.

Posted by Michael Lowe at 4:41 pm

1 Comment
Labels: Crime News

August 26th, 2009

Cop Watch: Fort Worth Cops Taser Death of Michael Jacobs Was In April and Family Still Demanding Answers

Back in April, 24-year-old Michael Jacobs, Jr. was off his meds.

A diagnosed schizophrenic, without those prescription drugs Michael could become out of control – and sure enough, on the 19th of April, something confused or upset Michael Jacobs and he became agitated.

Knowing what his disease could do, his family called for help. They wanted help to get Mike to the hospital.

And help arrived. Fort Worth police came, along with a fire crew and an ambulance. The police shooed them away. The cops could handle this.

So it became disoriented Michael Jacobs and three Fort Worth cops. Obviously scared, Jacobs started making movements suggesting he was going to run — and the female cop hit him with a stun gun. Tasered him.

Again and again and again. While his family watched. His mother and his father are both eyewitnesses.

Suddenly, his father noticed that his son wasn’t breathing. The three cops did nothing except call the ambulance to return. No CPR. But they did handcuff the boy….

Fifteen minutes later, the EMS techs arrived to find the young man dead. Handcuffed, lifeless, laying on the ground.

Of course, an investigation into these events ensued. Actually, two investigations were begun. And, here’s the thing: that’s it. No results, nothing. Four months have passed now, and the family has gone to the media demanding justice. And you have to wonder what’s so hard about this case.

You have witnesses. You have a dead boy. You have a Taser.

When is legislation going to be passed to stop Taser-happy cops in this state?????

Posted by Michael Lowe at 4:27 pm

3 Comments
Labels: Cop Watch

August 24th, 2009

Cop Watch: Will Anyone Ever Investigate Dallas County Constables for Precincts 1 and 5?

Boy, is the Dallas Morning News all over this story.

Last Tuesday, the Morning News printed an editorial asking that County Judge Jim Foster go forward and investigate his suspicions regarding the towing polices of Dallas County.

Today, the Morning News has a new editorial, asking that District Attorney Craig Watkins investigate what’s going on with the Dallas County Constables in Precincts 1 and 5 — not only these towing policies, but other stuff, as well.

Constables and The Towing Service Controversy

Seems Dallas County Judge Foster has discovered some curious things about the Dallas County Constables and what looks to be single, sole towing contract between Dallas County Constables Derick Evans and Jaime Cortes and Dowdy Ferry Auto Services. (Dowdy Ferry does towing and salvage here in Dallas.)

So far, it’s known that these two County Constables (Precincts 1 and 5, in the southern part of Dallas) not only have a suspicious deal with a single towing service, the numbers reveal that these two precincts are towing more cars than some cities in the area (like Richardson, for example).

The Paper Car Tags Issue

Another curious thing over in Precincts 1 and 5. Lots of folk are driving cars with those temporary paper tags on them. Lots of them, and for long periods of time. Now, it’s not illegal to drive with a paper tag … you can renew them … but you gotta wonder why. The Dallas Morning News has already pointed out that with a paper tag, you don’t have to pay any tolls because the paper tag numbers aren’t in the state database.

Who are These Constables?

Dallas County Constables serve a specific precinct in our area, and the two that are under suspicion right now are Precincts 1 and 5, where Derick Evans and Jaime Cortes have been elected to protect and serve those areas as constables. County Constables do many things. They serve warrants, they can arrest people, and they can ticket vehicles and tow them away if the driver can’t show valid proof of insurance and the like.

DA Watkins Has to Act Here

According to the Morning News, the County Commissioners have formally requested THREE times already that our famous Dallas County District Attorney Craig Watkins investigate both the towing business and the paper tags – as well as any other fishy business over in Precincts 1 and 5.

Craig Watkins hasn’t said squat.

And this would be fine — IF the ball weren’t setting smack dab in his court. Under state law, NO law enforcement agency in the State of Texas — not even the Attorney General himself – can legally step in here unless and until our celebrity DA Craig Watkins officially invites them to the party.

Watkins has to do something – one has to wonder if his silence, perhaps, is communicating something? You’d think that the DA would respond to the THIRD request from the County Commissioners, even if he’d ignored the first two.

Meanwhile, some investigation is going on … the Texas Department of Licensing and Regulation is looking into the Dowdy Ferry operations.

Posted by Michael Lowe at 3:56 pm

1 Comment
Labels: Cop Watch, DA Watch

August 19th, 2009

Crime News: Scientific Study Reveals that DNA Evidence Can Be Faked

Israel has just set the world to spinning — again. This time, it’s due to a new study released by scientists in Tel Aviv, where they confirm that DNA evidence can be fabricated. Messed with. Altered.

Just what exactly can be done here in faking DNA?

How serious and wide-spread the repercussions are to this news is still being considered. You see, these scientists didn’t just write some high-flautin’ research paper here. They did actual, physical demonstrations where they did two things:

They created brand new samples of both blood and saliva that had the same DNA as Person B, while they got their original blood and spit samples from Person A.
They showed how they could look up someone’s DNA profile in a database, and using that info they could then (presto-chango!) create a DNA sample of that exact same DNA … all the while never having any real, human tissue from the person whose DNA profile they had read on the screen.

What does this mean to criminal evidence in our judicial system?

There’s already some talk about not to worry — how many criminals have scientific knowledge or means to do this sort of thing? From a criminal defense perspective, that’s missing the mark.

What the real concern here is the misuse of this new info by those with the means and the know-how: the lab rats working for an overzealous prosecutor who think that they’re somehow doing the right thing by just cooking up a little DNA to make a weak case stronger.

And if you don’t think that state attorneys have fabricated evidence, then you need to educate yourself on the realities of life today in this country.

Posted by Michael Lowe at 5:51 pm

2 Comments
Labels: Crime News, Orwellian Threats to Rights

August 17th, 2009

Judge Watch: Trial of CCA Chief Justice Sharon Keller Starts Today and Protesters are Ready

This morning, the trial of Chief Justice Sharon Keller started down in San Antonio. It’s reported she got there early – about 45 minutes before the 9:30 proceedings were scheduled to begin.

Meanwhile, the Texas Moratorium Network posted a notice on its website that it’s planning on having around 1900 protesters in front of the Bexar County Courthouse to voice opposition to “Sharon Killer” … and earlier today, they were already being heard pretty loudly down in the Alamo City, since they had set up nice big speakers to voice their opposition to the Chief Justice remaining on the court.

For many folk, this controversy surrounds Justice Keller failing to allow a last minute filing on behalf of Michael Richard, who died by execution later that same evening. But it’s more than that. Flying around these proceedings are two other big controversies: the financial transparency (or lack thereof) by Justice Keller in her public filings – and the use of capital punishment overall.

Because this week, down in San Antonio, make no mistake about it: not only is Justice Keller going to be tried in that courtroom, there’s going to be plenty of talk about whether or not the death penalty is cruel and unusual, especially given the very bureaucracies that have created this unique and rare hearing of our state’s highest criminal court’s chief judge.

Posted by Michael Lowe at 4:30 pm

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Labels: Judge Watch, Media Watch

August 10th, 2009

Cop Watch: Waco Cops Allegedly Being Paid for Working Two Jobs at Once – For Years

Down in Waco, 10 police officers are in big trouble after an internal affairs’ investigation has charged that they’ve been working in two places at once. Well, that they were getting PAID for working two places at once.

Paid by the Waco Housing Authority and the Waco Police Department (more…)

Posted by Michael Lowe at 9:18 pm

2 Comments
Labels: Cop Watch

August 5th, 2009

DA Watch: DA Money in the News – and There’s a Lot of It

The District Attorney for Dallas — the one seen nationwide in the Dallas DNA television series this past year — is making the news again, and this time it’s not about crime.

It’s about money.

Seems that DA Craig Watkins asked the county for a 10% increase in his annual budget of $35.9 million. What came back to him was a request that he cut his current budget by 10% instead. Needless to say, DA Watkins is very, very unhappy with this response. (more…)

Posted by Michael Lowe at 5:07 pm

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Labels: DA Watch

July 30th, 2009

JUDGE WATCH: Justice Keller Trial Set to Start August 17 in San Antonio, Civil Trial Judge Berchelman Presiding

It’s going to be hard to get a parking space around the Bexar County Courthouse in San Antonio later this month — because starting August 17th, the impeachment trial of Justice Sharon Keller will begin in the courtroom of State District Court Judge David Berchelmann Jr.

A State Civil District Judge Will Preside Over the Impeachment Trial of the Chief Justice of the Highest Court in the State for Criminal Proceedings

That’s right. Judge Berchelmann will have the duty of acting as “special master” in the Keller impeachment. And, while it’s like a civil trial (which he presides over regularly), things will be a bit different. He will hear opening statements and closing arguments. Witnesses will take the stand and documents will be entered into evidence. (more…)

Posted by Michael Lowe at 7:07 pm

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Labels: Judge Watch

July 27th, 2009

Crime News: Texas Police Get More Power to Control You

Effective this September 1st, about six weeks from now, two laws are going into effect that could have a big impact on your freedom. They give lots of power to Texas law enforcement in their dealings with the public — and if you’ve been following this blog and the antics of Texas cops these days, these new tidbits of legislation should really give you pause.

First one: The Cops Can Arrest You if You Don’t Evacuate Your Home on Their Order – The Lemming Law

That’s right. Starting 09/01/09, cops are allowed to use “reasonable force” on anyone in this state that doesn’t meekly abide by an evacuation order — you know, those orders to leave town because a fire is coming, or a tornado, or a hurricane. Remember all those stalled highways in Houston with everyone in a panic trying to escape a disaster that never happened? Well, now the cops can add to this ARRESTING anyone who doesn’t jump on the bandwagon …. (more…)

Posted by Michael Lowe at 6:04 pm

1 Comment
Labels: Cop Watch, Crime News, Media Watch, Orwellian Threats to Rights