Archive for May, 2010


May 26th, 2010

Hank Skinner Wins Again: US Supreme Court Grants Cert in His Quest for Post-Conviction DNA Testing

Remember last fall, when Texas Death Row inmate Hank Skinner sued District Attorney Lynn Switzer?  Within months of his scheduled execution, Hank was fighting hard — and he filed a new lawsuit, arguing that his civil rights had been violated because the prosecutor refused to allow Skinner to test evidence from the case for DNA. 

Hank Skinner has always maintained his innocence, and some of the evidence still sits there — no one has ever figured out if Hank’s DNA is on the stuff or not.  State hasn’t done it.  District Attorney, nope.  Judge, nope.  Just not done.

March 2010 – Within Hours of Skinner Being Executed, U.S. Supreme Court Grants Stay

Months passed after Skinner sued the Prosecutor, and nothing happened.  Execution Day arrived.  Pressure mounted — even the President of France (that’s right — the President.  of France.) got involved, calling the Governor of Texas asking him to intervene.  (Skinner’s wife is French.)

Within hours of the time that Skinner was set to die, the United States Supreme Court took on the part of the Cavalry and issued a stay in the case.  A stay to give them time to consider Skinner’s petition for writ of certiorari — and for the Court to decide if would hear arguments that Skinner’s should get a chance to get at the evidence to test it via a civil courtroom instead of a criminal one.

May 2010 – U.S. Supreme Court Grants Cert (Takes the Case)

This week, the Highest Court in the Land agreed to hear Skinner’s case.  Petition for Writ of Certiorari was granted.   It’s a big win for Death Row Hank Skinner. 

If he wins at the Supreme Court, then he starts through the civil courts, arguing for testing, getting the evidence for testing, and then proceeding to try and get himself freed assuming the testing works out his way. 

If he loses at the Supreme Court, then he goes back onto the Execution Schedule of the State of Texas.  And Texas Governor Perry will start getting lots of phone calls, emails, and such from lots of people.  People like the President of France.

Posted by Michael Lowe at 7:48 pm

1 Comment
Labels: Court Opinions, Death Row


May 19th, 2010

Fort Worth Makes Record Breaking $2,000,000 Settlement Offer in Cop Taser Killing of Michael Jacobs

Around a year ago, Michael Jacobs died after his family called the police to help them get Michael under control.  Michael was a dianosed schizophrenic, and his loved ones knew they needed help on that April afternoon. 

What they got instead was to witness a Fort Worth police officer Taser Michael to death when it appeared Michael might try and run away  – after the cops had sent away the EMS unit. 

That stun gun’s electric shock ran through Michael Jacobs’ body for 54 seconds.  After he fell to the ground, and had stopped breathing, the cops handcuffed him and called the ambulance to return.  By the way, Michael Jacobs was not armed.  He was just threatened to flee – to run off.  There’s no crime here, folks.

His mother and father witnessed their son’s stun gun death.  Imagine this afternoon for them.  Taking care of a mentally ill child, trying to protect him, and then watch your worst fears realized. 

Biggest Settlement Ever – From the City of Fort Worth

Yesterday, the Fort Worth City Council announced it was unanimously approving a settlement offer in the amount of $2,000,000 in the civil rights/wrongful death lawsuit filed by the parents of Michael Jacobs.  This is the biggest settlement that Fort Worth has ever paid for an death or injury caused by one of its own. 

By the way,  even though Michael Jacob’s death was clearly murder — the Tarrant County Medical Examiner ruled it a homicide — the Fort Worth Police Department cleared the police officers after their internal investigation.  And, a Tarrant County Grand Jury did not issue an indictment against the cops.

The City paid.  The cops didn’t.

Posted by Michael Lowe at 5:32 pm

2 Comments
Labels: Cop Watch, Crime News


May 12th, 2010

Texas DA’s Drug Investigator Busted for Drugs He Got Via Forged Prescriptions

In every district attorney’s office across the State of Texas, there are men and women employed as investigators for the State.  They’re gumshoes just like the private detectives you see on television — they go out and talk to people, track down facts, get information that the attorneys then use to supply evidence in support of their criminal cases.  

In other words, the investigators for Texas prosecutors are out in the front lines, and you’d expect them to be professional, exact, and trustworthy.  After all, they’re trying to find stuff to use against Texas citizens who have been accused of crimes, right? 

DA’s Drug Investigator Caught with Norco and Ativan

Wrong.  Down in Bee County, the Grand Jury has just issued indictments against Doug Phillips, who was the drug investigator for Bee County District Attorney Martha Warner.   Seems that back in November 2008, Doug Phillips was caught with two prescription drugs: Norco and Ativan.

Doug Phillips was indicted along with a woman named Tammy Ezzell, who allegedly had been getting prescription drugs on Christus Spohn Hospital forms without having the okay from the physician whose name appeared on the form.

It’s not clear from media reports exactly what the relationship is between Doug and Tammy, but reading between the lines it looks pretty clear that Tammy was not a good influence.

Former DA Investigator Faces 10+ Years in Prison and $10,000 Fine

Now, Investigator Phillips — whose job was to investigate illegal drug cases — is facing two counts of third degree felony. If he’s convicted on any of these charges, he faces up to 10 years in prison and monetary fines up to $10,000. 

Bee County DA Warner reports that Doug Phillips has been “separated” from her office.  But that doesn’t mean he’s fired — Warner has gone on record that Phillips’ has a job is waiting for him if he is found not guilty — and if a position is available.

You gotta wonder how strong the case is against this guy given that he’s worked on the State’s team for years.   The DA brought in the Department of Public Safety to work this case: you know, the agency that’s working with the FBI all over Texas on various law enforcement corruption cases.   Afterwards, a Grand Jury issued the indictments. 

At least nothing was swept under the rug here.  The District Attorney is having a state agency work the case, and the Grand Jury make the call on proceeding with charges.  We’ll have to see what the fates have in store for the former drug investigator who was caught with illegal drugs.

Posted by Michael Lowe at 4:16 pm

No Comments
Labels: DA Watch


May 6th, 2010

Sharon Keller, Chief Justice of the Highest Texas Criminal Court, Gets Highest Ethics Fine in Texas History

Late last week, the Texas Ethics Commission officially fined the Chief Justice of the Texas Court of Criminal Appeals $100,000 — making history as the highest fine ever issued by the TEC since it began.   Seems the TEC found that Justice Keller’s omissions from her disclosure statements were pretty darn serious.

The basis of this big, fat fine? 

Almost a year ago to the day of her TEC fine, Chief Justice Sharon Keller amended her financial statements, to add $2.4 million in income and property.  Things kinda take on a different perspective when you realize that the $100K fine is about equal to one year’s investment income on the properties that Justice Keller added to her financial statements last year.  (She gets about that in annual salary ($110,000) from the State of Texas for presiding over the CCA, too.) 

What about Justice Keller’s other problems ? 

The Texas Commission on Judicial Conduct is still deciding her fate – whether to  (1) remove her from elected office; (2) dismiss the charges against her; or (3) reprimand her (she gets cited as doing something bad, but keeps her job).  The public hearing in that matter is set for June 18, 2010 in Austin. 

It’s scheduled to start at 9:00 am in Room 140 of the John H. Reagan State Office Building, 105 W. 15th, Austin, Texas, 78701, if you’re interested in attending.

Posted by Michael Lowe at 4:06 pm

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Labels: Judge Watch