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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


April 28th, 2010

DWI Surcharges – Rules Changes Being Considered by Public Safety Commission

Today, the Texas Public Safety Commission continues its hearing all about the current Texas Driver Responsibility Program, which many (as in, many criminal judges) are reporting is the reason that there is around a 2 year backlog of DWI cases across the state — because those accused of driving drunk and charged with DWI (driving while intoxicated) are wanting trials and not taking a deal.  Seems the Program’s DWI Surcharges are causing lotsa problems out there.

What’s the DWI Surcharge? It’s Thousands of Dollars and It Covers 3 Years AFTER the DWI Conviction 

Right now, Texas drivers convicted of DWI (driving while intoxicated) as well as a couple of other violations (driving without a driver’s license, or one that’s invalid; as well as driving without insurance) must pay automatic surcharges every year, for three years from the date of conviction.

And it isn’t cheap: for a DWI conviction, the surcharge is $1,000 a year for three years for a first conviction; $1,500 a year for the second; and $2,000 a year for any conviction with a blood-alcohol content of 0.16 or greater. That’s big money, right?

People Aren’t Paying the Surcharges

It’s not news to those involved in DWI work that people aren’t paying these surcharges.  However, everyone may not know that state-wide, over $1 billion hasn’t been paid.  One billion dollars in unpaid surcharges – no wonder they’re having some hearings down in Austin.

Why aren’t people paying? 

Some can’t afford it.  Some think it’s just wrong or stupid to be asked to pay for up to three years after they’ve already been convicted.  They’ll just drive without a license rather than fork over the surcharge.

Surcharges and DWI Trial Backlogs also Impact Pending DWI Cases: Dismissals, Lesser Offenses

In the face of balloon-bursting DWI trial dockets, criminal judges and prosecutors have become creative in how to deal with drunk driver cases that are brought before them.  Judges are dismissing more cases, and lots of DWI cases are getting lesser charges — like reckless driving. 

And apparently, dismissing cases and negotiating down to lesser charges isn’t solving the DWI docket program — or the problem that there’s a $1 billion dollar account receivable on the State Budget.   You go figure which is the driving factor here.

Hearing Continues Today

Whatever the impetus, the hearing is continuing today.  According to Grits for Breakfast, most everyone there is hankering for a change.  The only ones that like things the way they are, apparently, are hospital representatives.  They want to maximize money from surcharges going to hospital trauma centers.  

Let’s watch and see what happens….

Posted by Michael Lowe at 5:40 pm

2 Comments
Labels: Crime News


April 21st, 2010

U.S. Supreme Court Finds Judge – DA Love Affair During Murder Trial Isn’t Worth Their Time. What? Really?

The good news for Charles Dean Hood is that he’s still going to get another bite at the apple on his sentence.  The Texas Court of Criminal Appeals has already ruled that another sentencing trial will happen for Mr. Hood.

Charles Dean Hood Is Snubbed by the United States Supreme Court – They Don’t Do a Thing about the Judge-DA Affair During Trial

However, the bad news is this: the United States Supreme Court has done squat about the rest of Mr. Hood’s case.  And Charles Dean Hood had a pretty darn good reason to ask for a new guilt-or-innocence trial: during his original trial, the judge and the District Attorney trying the case for the State of Texas were having a sexual affair. 

Pillow Talk?  We have to assume so, don’t we?  Isn’t that the right thing to do — assume that the lovers talked about their WORK, which just happened to be whether or not Charles Dean Hood should be convicted of capital murder and sentenced to die?

Supreme Court Is Silent on Their Reasons for This - Despite the Legion of Legal Ethics Scholars, Judges, and Prosecutors that Joined with Hood in his Request.

While for many, this Judge-DA Hanky Panky Point of Error seemed a slam dunk argument it obviously wasn’t for the High Court.  They tossed out Hood’s petition on Monday.  Without comment. 

This, in the face of 20+ former judges and prosecutors filing an amicus brief supporting Hood’s position, along with 30+ experts in legal ethics.

Hood’s attorney has decried this as “fundemental injustice.”   

Of course it is. 

Read the Amicus Brief filed on behalf of Charles Dean Hood before the U.S. Supreme Court by former judges, state prosecutors, and state officials (including former Texas Governor Mark White and former FBI director William Sessions) at the Constitution Project site, where it is available for download as a pdf.

Posted by Michael Lowe at 7:54 pm

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Labels: Court Opinions, Judge Watch, Orwellian Threats to Rights


April 14th, 2010

Are Police Just Taking Property For Their Own Profit and Use? You Betcha.

Well, first things first — thanks to The Dallas Morning News Crime Blog, where reporter Tanya Eisener let us all know about the recent national study by the Institute for Justice entitled, “Policing for Profit: the Abuse of the Civil Forfeiture Process,“ and written by Scott Bullock together with three Ph.D.s: Dr. Marian R. Williams,  Dr. Jefferson E. Holcomb, and Dr.  Tomislav V. Kovandzic.

Policing For Profit — a Report Every Citizen Should Read

 If you go and read the 2010 asset forfeiture report, you’ll get sad.  And mad.  At least, let’s hope so.  But it’s important that you KNOW THIS. 

The report details what is happening in this country, state by state.  Through the use of web technology, it’s easy enough to plow through all this information:  the site lets you pick a state and review its information on a separate webpage. 

Go to Texas’ summary in the report, and learn that we’ve been given a grade of D-.  We flunked in State Law Evasion, but got a D (woo hoo) in Forfeiture Law, so presumably this averages out to somewhat higher than a failing grade.  D minus. 

My, doesn’t that make you feel safe?  By the way, Texas is one of the lowest state scores.  (The lowest scores were shared by Georgia, Michigan, Texas, Virginia and West Virginia.) Betcha you’d already figured that out, if you’ve been following this blog. 

What’s Going On Here?

There are two kinds of asset forfeiture laws in this country: civil and criminal.  The federal government has its own set of forfeiture laws . So do each of the states, including Texas, of course.  Asset forfeiture laws govern when the government can TAKE YOUR PROPERTY. 

The CIVIL asset forfeiture laws are the ones that are so scary.  Under the civil forfeiture statutes, law enforcement can walk up, take (“seize”) your stuff and then just keep any property that they suspect may be involved in some kind of criminal activity.   Sounds like it’s CRIMINAL asset forfeiture, right? 

Well, here’s the difference:  in civil asset forfeiture, the Owner doesn’t even have to be charged, much less not found guilty, of any crime and still, he or she can lose their property to the cops.  And this can be any kind of property;  money, computers, cars, even someone’s HOME.

Added to this is the fact that in some states — like Texas and for example, Georgia — the local law enforcement agency is allowed to keep this property for its own coffers; there’s not any kind of state agency double-check, where property that’s been taken is forwarded to some regional clearinghouse or something. 

Oh, no.   Bottom line, for some law enforcement agencies, asset forfeiture is a profit-center.   

The 2010 asset forfeiture report by the Institute for Justice is the first of its kind.  No one has thought to undertake an national study of asset forfeiture in this country before now.   And it’s very, very frightening and frustrating to learn what’s going on.

Posted by Michael Lowe at 5:56 pm

3 Comments
Labels: Corrupt Cops, Orwellian Threats to Rights


March 31st, 2010

Texas Judges Gets Busted for DWI – Cops Use New 2009 Blood Test Law

It was really early on Saturday morning after an obviously long Friday night when Mercedes municipal judge Rogelio Garcia was pulled over by a DPS Trooper in Harlingen (near the Valle Vista Mall, if you know the place).  The usual procedure followed.

Perceiving the driver to be “highly intoxicated,” the Trooper requested the driver to perform a field sobriety test or two.  He failed them.  Then, the Trooper asked the driver to take a breath test.  The driver declined. 

And, before you know it, Judge Garcia is down at the Police Department at 5:30 in the morning, facing charges of driving drunk and getting his blood tested under the new Texas law that allows law enforcement to draw blood to find a BAC (blood alcohol content) when a driver doesn’t take the breath test. 

Judge Garcia posted his $5000 bond and left the building.  He knows, and we know, it’s not over. 

Judge Garcia had already been busted twice before for driving while intoxicated.  This was his THIRD bust.  Which makes this a felony charge, and the possibility of 10 years imprisonment and a hefty fine ($10,000). 

Already, he’s on a leave of absence from the bench.  Hopefully, Judge Garcia’s family and friends are talking with him about this — his drunk driving arrests go back to February 1984, over twenty-five years ago. 

This lawyer and judge obviously has a problem and it’s time a solution was found.

Posted by Michael Lowe at 4:30 pm

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Labels: Judge Watch


March 29th, 2010

Allen Police Officer Arrested for Felony Injury to a Child: Her 11 Year Old Son

Allen Police Cpl. Melissa Smith was once married to another Allen police officer, and together they had a child, a baby boy.  After they divorced, Cpl. Smith married again – and her second husband, and the boy’s step-father, was also a member of the Allen Police Department.  

You’d think that a boy being raised by all these members of law enforcement — those who are sworn to “protect and serve” would be safe.  Extra-safe.  Super, duper safe.  And you’d be wrong.

Court documents made it plain.  Examinations by physicians detail the harm.  This 11-year-old boy, while in his own home there in Allen, was struck on his head with a metal spoon by his mother, as well as being hit with her hands (fists?) in the face.  She also spanked him with a belt, with enough force to leave marks and bruises. 

Mom Melissa did this, why?  According to the arrest affidavit, the boy was “disrespectful” to her.  He “rolled his eyes” and made “sarcastic comments” to her.  So, the trained police officer lost it and went after her boy.

But wait.  There’s more. 

Not too long after this abuse happened to the kid, the step-father comes home.  (Remember, he’s a cop, too.)  Once he gets home and after hearing what happened — quoting now from the affidavit, he “handcuffed the victim, threw him to the ground, strangled him, picked him up and placed him in a car and transported him to the Allen Police Department.” 

Both Mom Melissa and Step-father Bob have been arrested for this.  Step-father Robert Darren Smith has been charged with a misdemeanor, official oppression, while mother Melissa Smith faces felony charges, injury to a child. 

Geez.  If these two cops would do this to their 11 year old SON, one can only wonder how they would treat — and HAVE treated — the citizens of Texas whose paths they’ve crossed out there.  

There’s no excuse for this behavior.   

Posted by Michael Lowe at 5:24 pm

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Labels: Cop Watch


March 24th, 2010

Hank Skinner Execution Still Set 4 Today – France Is Asking for Delay. That’s Right. France.

There’s been lots of news coverage over the impending execution by the State of Texas of 47-year-old Hank Skinner, who has been sentenced to death for the murder of his girlfriend and her two adult sons back on New Year’s Eve 1993. 

Hank Skinner says he’s innocent.  He’s asking for DNA testing to be done.  Seems there were knives and things at the scene of the crime that hold DNA evidence — but no one has ever checked that evidence against Skinner’s DNA to confirm his claim of innocence. 

Right now, there is a request pending before the United States Supreme Court, based on this evidence issue, which would get Skinner a stay.  As this is being typed, there’s no news from Washington, D.C. that Skinner’s getting a response from them. 

There’s also a request setting on Governor Rick Perry’s desk.  Skinner is asking the Governor to give him a 30 day reprieve, so this DNA testing can be done.  Again, checking the news as this post is being typed — zip from Austin.

However, there has been one bit of news:  the Ambassador of France — yep, FRANCE — has officially asked Governor Perry to grant the reprieve or just go ahead and pardon Skinner.  It gets better.  Seems Skinner is married to a French woman, and the PRESIDENT of France has also offered his support to Mrs. Skinner, Sandrine Ageorges-Skinner.   Wow.

You’d think that if the idea that an innocent man might be fixin’ to die at the hands of a Texas executioner would be enough for Governor Perry to halt things and do some DNA testing.   Here it is, lunchtime on Execution Day and we’re hearing zip.  So, maybe the fact that an entire country is asking for a double check to be done might sway things. 

Of course, they can’t vote in November.  They’re French. 

Our thoughts and prayers go to Hank Skinner, his legal team, and his family.  May God bless you all on this terrible day.

Posted by Michael Lowe at 4:19 pm

No Comments
Labels: Crime News, Death Row, Media Watch


March 22nd, 2010

Worldwide Media Coverage Follows Texas Cops Taking Goat Into Custody. Great.

Once upon a time there was this goat.  The goat lived in Odessa, Texas.  One day in March 2010, the goat got bored.  Lonely, even.   

So, the goat decided to get out there, and have an adventure.  It was a beautiful Saturday morning, and he’d heard wonderful things about something called a CrunchWrap Supreme.   The goat told his buddies “adios” and ventured forth.

Now, here’s what happened according to hundreds of media reports, coming from all around the world ….

The citizens of Odessa first spotted the Adventurous Goat on 42nd Street, as he headed into the Taco Bell parking lot.  Terrified, someone called the cops and soon, four (yes, 4) Odessa law enforcement officers, two animal control officers, and one off-duty cop on a motorcycle were all rallying to action.  They would catch the fiendish goat.

Media reports are that the Adventurous Goat led the 4 on-duty cops, the motorcycle cop, and the 2 animal control guys (that’s 7 men, if you’re counting) from 42nd Street, through the Taco Bell parking lot, thru Memorial Gardens Park, into the UT-Permian Basin campus over to where the dorms are located.  There were no confirmations of any goat-led panty raids going on.  Traffic control was on the alert, and the Adventurous Goat was nearly corraled by brave Texas cop Randy Vest, who told reporters that he and A.G. had a standoff in a campus alley, but the wiley goat got away.

Finally, as all stories must, the Adventurous Goat’s Big Adventure came to an end.   Spotted near the intersection of JBS Parkway and Highway 80, animal control brought him down with a tranquilizer gun, and took the unconscious goat into their custody. 

We do not know when the owner came to claim his goat, but we do know that the infamous Texas Criminal Justice System has one more international story now, upon which to build its reputation.  Zowie.

Posted by Michael Lowe at 3:09 pm

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Labels: Uncategorized


March 17th, 2010

Former District Attorney Out On Parole After Serving 20 Months of a 15 YEAR Sentence

Former Rockwall District Attorney Ray Sumrow got caught with his hand in the till, literally, and was tried, convicted, sentenced, and thrown in jail for being a thief. 

And less than two years later, he’s out. 

Ray Sumrow has an interesting story.  He was the head prosecutor in Rockwall for SIX terms.  He was named ”Prosecutor of the Year” by the State Bar of Texa in 2001.  He survived cancer that year, too.  Pretty popular guy, right?

Well, maybe until Ray Sumrow was discovered to have stolen around $9600 in computer stuff and cash from the county he served, as well as moving $68,000 out of the county accounts and into his own personal account for awhile (though he did put the cash back of his own accord).  What was this guy thinking? 

Less than a decade after being named Top Prosecutor, Ray Sumrow went to jail.  The State Bar of Texas that had the Big Ceremony for him back in 2001, disbarred him last summer.  In January, he was quietly released from jail and is out on parole, some thinking he’s back at home in Hunt County were he grew up.  

How’d he get out so fast?

Getting out after 20 months on a 15 year sentence sounds like a pretty good deal, doesn’t it?  Well, some have been wondering about that — and the Board of Pardons and Paroles and others in the know, report that it all adds up.  He’s served a quarter of his sentence, and that’s the standard rule of thumb for someone to be considered for parole in Texas. 

How’d they count that up?

From what the media’s reporting, the officials have counted (1) his 20 months behind bars; (2) his 18 months of credit for good conduct; (3) his 10 months of credit for doing work while serving time.  Add those together, and you’ve got 48 months.  That’s gonna get you to 1/4 of a 15 year (180 month) sentence.

Wow.

Posted by Michael Lowe at 4:29 pm

3 Comments
Labels: DA Watch


March 15th, 2010

Veteran Conroe Cop Convicted of Bank Robbery in Houston Federal Court – Shockingly Stupid and Easily Caught

Last week, in the Southern District Court of Judge Melinda Harmon, another bank robbery case wound up, with the jury coming back with a guilty verdict.  The guy robbed the First Bank of Conroe of $28,000 and now, he faces a $250,000 fine and up to 20 years in a federal prison. 

Stupid risk analysis, right?  While $28,000 isn’t chump change, is it really worth the risk of 20 years behind bars and a $250K fine?  Really??? And, that’s even before we add in the Big Twist to the story:  the robber here was a TWENTY-TWO year veteran of the Conroe Police Department.

That’s right.  A cop who’d been on the job since 1988 was the robber who was busted, charged, tried, convicted.  That’s a long time to be a police officer.  Twenty-two years ago a postage stamp cost 24 cents, a gallon of gas was 91 cents, Ronald Reagan was President and Michael Jackson had a big hit with “Dirty Diana.” 

So a cop who should have known better instead got into some money trouble, and having some knowledge of the First Bank of Conroe since he’d worked there part-time as a security guard for NINETEEN years, put on a White Motorcycle Helmet, rented a car, and walked into the bank demanding money.

The bank clerk recognized his voice.  Others at the bank recognized him by the way he walked, as well as his clothing.  They found the helmet at his home. 

Try this. Put a helmet on your head, or a bag, or a pillowcase, and walk into any place where you’ve hung out for a 19 years, say something like “This is a HoldUp” and see if they are shocked, shocked, shocked and don’t have any idea who you are. 

Please.  With this prime example of the Conroe Police, you gotta wonder if some professional thieves aren’t reading this story and thinking about Conroe as something akin to Nirvana.

Posted by Michael Lowe at 5:01 pm

1 Comment
Labels: Cop Watch, Corrupt Cops


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