Archive for 2010

October 27th, 2010

Fix Found? New Rules To Deal With Driver Responsibility Program’s $2 Billion Unpaid Surcharges and 2+ Yr DWI Case Backlog

The Texas Public Safety Commission adopted changes to the Driver Responsibility Program rules this week, and these will become effective next month.  We’ve written about these surcharges before.   

Attempt to Resolve the Huge Backlog of DWI Cases Across the State of Texas

It seems that criminal judges across the state were the incentive for these new rules, because they were reporting to the TPSC that the notorious two (2) year backlog of DWI cases across the state was due in large part to the DWI Surcharges since those accused of driving drunk and charged with DWI (driving while intoxicated) were opting to take their chances at trial and not take a deal.

Before these changes, 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) had to pay automatic surcharges every year, for three years from the date of conviction.  The surcharge was high: $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. 

People just weren’t paying these surcharges.  Over $1 billion hasn’t been paid state-wide, because some folk can’t afford these surcharges and others just rebel against them: they’re driving without a license rather than forking over these bucks.

The Changes They’ve Made in Response to $1 Billion Surcharge Receivables and 2+year DWI case backlog

So, here are the changes that are being made under the new rules according to this week’s TPSC press release:

The Amnesty program

• Will apply to individuals who have been in default, and the Department will determine the time in default for each amnesty period
• Will reduce amount to 10 percent of total surcharges owed, not to exceed $250
• Will rescind suspension for those who receive amnesty while payments are being made

The Indigency program:

• Will apply to individuals at or below 125 percent of poverty level, using a sworn affidavit
• Will reduce amount to 10 percent of total surcharges owed, not to exceed $250
• Will rescind suspension for those who receive indigency while payments are being made

The Incentive program will apply to individuals above 125 percent and below 300 percent of poverty level, using a sworn affidavit.

Individuals will pay a reduced amount if all three years are paid in full:

• Pay 50 percent of what’s owed if paid within 30 days after notice
• Pay 60 percent if paid within 60 days after notice
• Pay 70 percent if paid within 90 days after notice

OR

• Reduced payments for continued compliance
• First year, pay 100 percent
• Second year, reduced by 50 percent
•  Third year, reduced by 75 percent

The programs will be phased in over several months, with the Amnesty program being implemented during tax season. The Indigency program will be implemented immediately after the Amnesty period ends. The Incentive program will be evaluated for implementation.

October 20th, 2010

Texas Judge Suzanne Wooten Indicted for Bribery, Suspended With Pay

Suzanne Wooten isn’t on the bench today, but she’s still getting a Collin County pay check.  This week, the State Commission on Judicial Conduct (the same organization that’s been so busy with the Justice Keller mess) announced that Judge Wooten was suspended from presiding over the 380th Judicial District Court of Collin County, Texas, an action taken by the Commission within a week of Judge Wooten being indicted on bribery charges.

Texas Judge Indicted on Bribery Charges Stemming from 2008 Political Campaign

Suzanne Wooten took the bench a couple of years back for the first time, after a hard fought campaign; last week, the Collin County District Attorney saw Judge Wooten indicted on six (6) counts of bribery and one (1) count of organized criminal activity.  

Three other individuals were also charged:  Judge Wooten’s campaign manager James Stephen Spencer along with David Cary and his wife, Stacy Stine Cary, also face the same allegations of bribery and organized criminal activity.

These are big charges.  Engaging in organized criminal activity is a first-degree felony punishable by up to life in prison. Each charge of bribery is a second-degree felony carrying up to a 20-year sentence. That’s 120 years in total, folks, in case that life imprisonment for the organized crime charge isn’t big enough for you. 

The Crimes that Judge Wooten Allegedly Committed – What We Know Now (Stay Tuned for More)

According to the Collin County District Attorney’s office, these criminal charges against a setting district judge arise from Suzanne Wooten’s hard-fought campaign in 2008, where she ran for the position of judge and claimed victory over Judge Charlie Sandoval, who had presided over the 380th Court for over a dozen years without ever having any run against him.  

The indictments claim that Mr. and Mrs. Cary forked over around $150,000 to campaign manager Spencer — and they didn’t do this just to help her win the election.  Allegedly the Carys additionally slid that large amount of cash across the table (purportedly in a series of six payments – the indictment gives dates and amounts) so they would get favorable rulings from Judge Wooten after she took the bench. 

Judge Wooten’s Position – It’s a Witch Hunt and Judge Wooten’s Fighting Back

Judge Wooten and her co-defendants are all calling foul here, claiming that the District Attorney has his own agenda. Her court filings from July 2010 allege that the morning after Wooten beat Sandoval in the 2008 election, Charles Sandoval was meeting with the local D.A., John Roach, to complain that Wooten had cheated somehow. 

These same court filings by Judge Wooten allege that D.A. Roach was “intimidating and harassing her” and that she believed the District Attorney’s Office was trying to force her resignation.

Judge Wooten has impaneled a grand jury and she’s asked for a special prosecutor to investigate “possible criminal wrongdoing” in D.A. Roach’s office.  This happened last month. 

What about the Local Lawyers in this High Noon Face Off?

This Monday, before court began, 30+ lawyers took the time to go over to the 380th Courtroom and when Judge Wooten entered to take the bench that day, they all gave her a standing ovation.  

This is a big deal for a group of defense lawyers to do, mind you.  The lawyers practicing down at the local courthouse usually know the lay of the land, and having this coordinated public effort speaks volumes about what the defense bar thinks of the charges made against the Judge. 

In fact, local attorney Sharon Curtis, president of the Collin County Criminal Defense Lawyers Association, stood in the courtroom that morning to tell Judge Wooten that the group was there to publicly acknowledge that they were 100% behind the judge, and would work to help her.  According to media reports, Curtis went so far to claim that the charges against Wooten were “… nothing but a witch hunt.”

Stay tuned.  This is going to get a lot bigger before it goes away. 

October 13th, 2010

Sharon Keller Reprimand Dismissed! Court of Criminal Appeals Chief Justice Gets Win From Special Court of Review. WOW.

This blog is dedicated to shedding light on the abuses and injustices of the Texas criminal justice system, and there’s plenty of media stories pertaining to that theme each week. 

It seems almost redundant to sacrifice delving into a new story, just to return yet again to the Continuing Saga of Sharon Keller

And yet, we must: how can we ignore the latest chapter in the trial of the chief justice of our state’s highest criminal court? 

When last we visited the life and times of Chief Justice Keller, she had received a public reprimand from the Texas Commission on Judicial Conduct — the TCJC technically issued Justice Keller a “public warning.” (Read the TCJC’s Order in its entirety here.)

Not many were happy with this result.  Heck. lots of folk wanted (and still want) Sharon Keller to be removed from office for her actions on the day that the State of Texas executed Michael Richard. 

And, obviously Sharon Keller was not happy with this “public warning” - she appealed the decision of the Texas Commission on Judicial Conduct.  Keller argued that the TCJC not only exceeded its authority but it also violated the Texas Constitution.  Apparently, the Court of Review agreed. 

Keller Wins

According to the Special Court of Review, the TCJC only had three options, and issuing a “public warning” wasn’t one of them.  Oops. 

(The Court of review found that the TCJC could (1) dismiss the case outright; (2) issue a public censure; or (3) issue a recommendation for either (a) removal or (b) retirement.   They viewed the public warning as distinctive different than any of these three alternatives. )

Did they give any explanation here for giving Justice Keller such a big win?  Well,  the court of review did expressly state that its ruling should not be considered as an opinion on the underlying case.  They weren’t going there…except that they did. 

In its ruling, the Court of Review noted that long ago, an appointed special master’s investigation into that underlying case found that the attorneys for Executed Man (Michael Richard)  were ”the bulk of fault for what occurred” — as they were found not to have taken enough time preparing his appeal in case the United States Supreme Court came down favorably for them (which it did, of course).

Defense Attorneys Blamed

So, reading between the lines … the defense attorneys are being blamed, not Chief Justice Keller, for Michael Richard’s loss of about six months of life (or more).  

Is no one remembering that another Justice or two (Justice Cheryl Johnson, for example) was sitting there at the Court of Criminal Appeals, awaiting the after-hours filing by Richard?  The court didn’t expect those attorneys to get the filing done before five. 

Rick Casey of the Houston Chronicle calls this ironicGuess that’s one word for it. 

September 29th, 2010

Texas Court of Criminal Appeals Doesn’t Trust Dogs – or at least, Dog Scent Evidence

James Bond, Quincy, and Clue are three bloodhounds, reportedly trained by now-retired Texas cop Keith Pikett, who retired this year. You remember bloodhounds — they all look just like Jed Clampett’s dog Duke on the old “Beverly Hillbillies” TV show.  Cute, right?

Well, retired law enforcement officer and dog trainer Pikett has been sued in three lawsuits (reports are there may be more) where the convicted men are alleging that Pikett’s professional sniffing dogs made a mistake, sniffing a link between each of the accused and crimes for which they are innocent.  The reputation of James Bond, Quincy, and Clue have therefore been called into question by these law suits against their trainer.

In fact, James Bond, Quincy, and Clue have lost so much credibility at this point that the Texas Court of Criminal Appeals — you know, the one where Chief Justice Sharon Keller presides — has just ruled that convicted murderer Richard Winfrey Sr., wins his appeal.

It seems that Mr. Winfrey was sentenced to 75 years in prison for stabbing someone to death (the victim was found to have 28 stab wounds), and back in 2004, the key evidence against Mr. Winfrey were the noses of James Bond, Quincy, and Clue — who sniffed Winfrey’s smell on the stabbing victim’s clothes.

According to the Keller Court, the most that the bloodhounds could do was provide “suspicion of guilt,” but the conclusion of dog noses alone isn’t enough to convict a man of murder.  

Geez, wonder why it took until now, after investigation and trial and appeals all the way to the highest criminal court in the state, for someone to ponder whether the State of Texas had met its burden of proof in this case?  (Read more about the scant evidence here.)

Is the entire Texas Criminal Justice System just going to the dogs?

September 22nd, 2010

Another Texas Police Beating Caught by Video Dashcam

Technology serves justice this go-round, as another dashcam has provided eyeball testimony of Texas law enforcement using excessive force on a citizen. 

However, this time there’s a twist:  the Dallas Police Chief has already fired one of the police officers on the video, and it’s reported that there will be a recommendation to the D.A. that police officers Kevin Ray Randolph, Paul Gregory Bauer and Henry Walter Duetsch be charged with a felony:  either (1) felony tampering or (2) fabricating physical evidence, as well as charging Randolph and Bauer with misdemeanor assault and oppression. 

One Dallas Cop Has Been Fired; The Other Two are Under Investigation By Internal Affairs

Newbie officer Randolph was the cop who was terminated as a result of the incident.  The other two, Bauer and Duetsch,  are under disciplinary review by Internal Affairs – which could still result in their being fired, too.

Watch Andrew Joseph Collins, 28, Being Victimized by Violence on Video From Dashcam

To see the video of these three cops chasing down Andrew Joseph Collins. 28, in South Dallas on September 4, 2010, and then beat the man with their fists as well as their batons, thank the Dallas Morning News who used the Freedom of Information Act to gain access to this Police Department dashcam video:

September 15th, 2010

Texas Cops Kill Another Suspect with Taser Stun Gun

Within months of Fort Worth offering up $2 million settlement in the Cop-Taser death of Michael Jacobs, a Dallas police officer repeatedly used a stun gun to stop a man running away from the cops last Sunday morning — and that man, identified as Freddie Lee Lockett of Irving, has died.  

From media reports, we know that the Dallas cops were called into the South Oak Cliff area of South Dallas to investigate a possible robbery.  It was around noon when they arrived and stopped Freddie Lockett. 

Cops Use Stun Gun on Suspect After Warned That He Was High on PCP

While the first news stories don’t reference any communication between the citizen and law enforcement, investigation by the Dallas Morning News has since revealed that there was some chatter between them:  Mr. Lockett told the police he had taken “wet,” street lingo for PCP, and he was high at the time.  It’s not controverted that Freddie Lockett was a drug addict: he has a longstanding criminal record of drug convictions (something obvious to the officers if they bothered to check). 

From what we know right now, the cops thought Freddie Lockett matched the description of an individual who might have robbed someone in the area.  Freddie Lockett was not cooperative with the police, other than explaining he was high on PCP. 

Which the cops should know was enough of a communication right there — PCP is a powerful, controlling drug; the fact that Lockett attempted to run from them isn’t surprising.  Law enforcement is presumed to know that PCP is an hallucinogen, causing delusions, agitation, and paranoia.  Who knows what was in Lockett’s mind then, other than he was obviously terrified?

Tasered Several Times, Freddie Lockett Dies

Preliminary reporting is that Lockett was zapped with a stun gun several times.  It’s not clear how many cops ended up here, to corral this guy.  We know more  cops were called in.  We also know that Lockett’s physical condition was a cause for concern there at the scene; the cops called EMS. 

The Dallas Morning News is reporting that Lockett may have experienced “excited delirium,” a recognized medical condition where drugs interact with adrenaline badly, and death results.   Nice – not even a reference to the possibility that electrical volts were pulsated through his body, known to have PCP within it, on several different occasions, assumedly in rapid succession. 

Are we really suspose to ignore the Taser stun gun here?  Are the police not apprised of the possible dangers involved in sending electrical current through folk that are agitated or under medication? 

 Isn’t that just the scenario that the Fort Worth cops faced with Michael Jacobs? 

The press conference on this matter has been cancelled by the Dallas Police Department.  We do know that an internal investigation has begun.  Wonder if they’ve figured out who the individual was who was the robber that they were looking for in the first place — because in all this, there’s nothing proving Mr. Lockett was anything but innocent here.

September 8th, 2010

Paris Hilton – Special Treatment During Cocaine Bust or At the Station? Sure. You Betcha.

Usually, this blog serves as a record of bad acts by Texas law enforcement, prosecutors, judges, or other members of the local criminal justice system. 

However, it’s just too tempting to ponder the latest antics of Paris Hilton, after reading that long before her recent felony arrest, Ms. Hilton tweeted a photo of the identical purse she initially denied was her property at the scene.   You almost want to send a big, big bottle of Excedrin to her defense attorney, right?  (Check out the pretty little purse here from Paris Hilton’s twitter feed.)

Paris Hilton – an Exception to the Rule

The short version of the story, which you’ve probably heard by now – on Letterman or Leno, if not in the local news – is that Paris was pulled over in Las Vegas and somehow (D’oh!) what appeared to be cocaine was discovered in a purse — yep, the one that is the subject of all the tabloid photographs.  Paris initially said it wasn’t hers, of course. 

Paris Hilton was subsequently arrested by Las Vegas law enforcment for felony possession of cocaine.

Taken down to Las Vegas’ Clark County Detention Center by the arresting officer, Paris Hilton was booked in record time.  In fact, she was in and out of the jail so fast that there’s been suspicion that Paris got special treatment because she was a celebrity. 

Special Treatment? At the Station….

Nope, says the guy that runs the detention center.  Well, no – they didn’t treat Paris special because she’s a tabloid star and she’s blonde and sells lots of perfume (her tenth scent just debuted in stores). No, it’s because of the chaos that having someone who guards and inmates and everyone else apparently wants to gawk at can disturb the internal operations of the Clark County Detention Center. 

Apparently, Paris was back on the streets in 3 hours because her presence was inherently disruptive, not because she’s the grand-niece to Elizabeth Taylor’s first husband or the frienemy of Kim Kardashian.   Paris Hilton: jail troublemaker, right?

Sure, Paris probably helped expedite things because she’s sorta experienced at getting booked.  There in Vegas, she posed for her third mugshot, after all.  And, it’s also true that having anyone around at any level of fame can be a hinderance — whether at the jail, or a restaurant, or in the mall. 

Special Treatment? At the Bust ….

However, it’s less clear that Paris got any special treatment at the scene of the bust.  Looks like the Vegas cops did their thing, and the heiress didn’t get to scoot away with a warning after signing a few autographs. 

CNN’s Nancy Grace has all the details of the bust: Paris opened the purse in front of a police officer, wanting some lip balm, and the alleged coke falls out in front of the cop.  Falls out.  You can’t make this stuff up. 

What’s interesting to ponder now are the media stories suggesting this is a publicity tactic to get Paris some of the tabloid territory that Lindsay Lohan and Kim Kardashian have had staked out for awhile now. 

People suggests that her mugshots might be “sarcastic”.  MSNBC’s Mika Brzezinski’s just flat out opines that this arrest was planned in advance so Paris could get lots of publicity. 

A felony drug arrest?  Really?

So, let’s ponder what Nevada law enforcement’s gonna do here.  Felony cocaine possession is a serious crime.  Nevada will probably dot its i’s and cross its t’s to insure that there no future criticism of elected officials for treating Paris Hilton like she’s oh so special. 

Meanwhile, Paris is already demonstrating the defense made famous back in the 1970s by Texas legend Racehorse Haines: 

“Say you sue me because you say my dog bit you. Well, now this is my defense:

  • My dog doesn’t bite.  ["...that's not my purse"]
  • And second, in the alternative, my dog was tied up that night. ["...the contents of the purse aren't mine"]
  • And third, I don’t believe you really got bit. [you get the idea ....]
  • And fourth, I don’t have a dog.

Yeah. watching this story play out is gonna be fun.

August 25th, 2010

Fort Worth Cops – Excessive Force Caught on Video? Watch and Decide for Yourself.

Carey Cass Hudson admits to being charged with driving drunk and being hauled down to the Fort Worth jail — but he’s not defending against a DWI charge. Nope, Hudson is fighting Fort Worth law enforcement by accusing the cops of using excessive force against him down at the station.

And Carey Cass Hudson has it all on videotape to boot.  (Watch the video below, released by Carey Hudson and the Fort Worth Star Telegram.) 

Warning: This Video is Disturbing.

As you watch the video, you’ll see the following:  he’s handcuffed behind his back.  Not much of a threat to anyone, right?  He’s being escorted by more than one police officer.  He’s shoved into a door frame.  Lotsa cops around.  Then he’s thrown onto the floor in a manner that would make Mike Tyson proud: fast, deliberate, with power.  Carey Hudson doesn’t move, except to curl into a fetal position once he’s on that linoleum floor. 

Two things of note.  Look for the blood there by his head once the cops start to move him.  And count the cops that are either involved in this brutality, or that sashay by while this man is lying there, bleeding. 

The Dallas Morning News is reporting that the DWI charges have been dismissed against Mr. Hudson, and that a settlement of $120,000 is being offered to Mr. Hudson by the City.   You betcha a quick settlement would be good for the City. 

Fourth Amendment, 1983 Actions, and the Crisis of Excessive Force/Police Brutality in this Country

But is this justice?  First, let’s consider what is Excessive Force under the law.  The United States Constitution, under the Fourth Amendment, allows for a personal seizure if it is “reasonable.” 

Remember the Fourth Amendment?  “No person shall be deprived of life, liberty, or property without due process of law.”   That’s important.  Especially today. 

Cross the reasonable line, and you have a federal constitutional violation, and a violation of the Civil Rights Act (42 USC 1983) as well.  That law reads:

Every person who, under color of any statute, ordinance, regulation, custom or usage of any State . . . subjects or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law . . . .

What’s unreasonable force?  Unreasonable, or excessive force, is any force that is greater than the amount of physical force needed to subdue a criminal suspect. 

Excessive Force by Cops is a National Law Enforcement Crisis Today

Lack of trust in local police departments due to cops’ repeated use of excessive force is a crisis nationally It’s happening everywhere, not just in our neck of the woods. 

Good thing that video cameras are available to document these events – because you gotta wonder if any of us would know anything about what happened to this man in that police station if that camera hadn’t been there. 

Is this an example of Excessive Force?  You decide:

August 18th, 2010

Police Chief Arrested for DWI Now Out on $5000 PR Bond

David Board, Chief of Police for Bastrop, Texas, was driving along Ed Bluestein Blvd. in Austin around 9:45 pm this past Monday night when some of his law enforcement brethren pulled him over — and busted him for driving drunk

That’s right: the Austin cops gave no special favors.   The Police Chief was busted. 

Chief Board was charged with misdemeanor driving while intoxicated and later released on a $5000 Personal Recognizance Bond.  He’s not on the job, however:  the City Manager has told the media that the Assistant Chief will be handling those job duties while Chief Board deals with some things. 

Right on the Heels of the State-Wide 2010 Labor Day DWI Enforcement Initiative (August 20 – September 6)

Interesting that the Bastrop Police Chief was arrested for drunk driving within days of the beginning of this year’s state-wide DWI enforcement grant program, which begins this Friday (August 20, 2010) and continues over the Labor Day holiday ending Monday, September 6th, 2010. During this block of time, police officers across the state will be focusing upon stopping potential drunk drivers — and over the Labor Day weekend, we’ll have another of those state-wide “No Refusal” campaigns. (“Where the police “don’t take ‘no’ for an answer.”)

August 11th, 2010

Watch Texas Cop on Dashcam Go After 2 Elderly Gentlemen on Their Way to Hospital: Video Released, Cop Quits, 73-Year-Old Eventually Gets Medical Treatment

Here’s the video that KTRE is graciously sharing online with all of us, showing Lufkin cop Grant Jones pulling over 75 year old Tracey Lott as he was driving fast, trying to get his pal Johnny Hodge, 73, to the hospital. (Mr. Hodge was later hospitalized for respiratory and blood pressure problems.) Surprised?

After this dashcam video hit the media, office Jones resigned.

Watch for yourself as the police officer pulls the car over, draws his gun on the obviously non-violent, non-threatening senior who was driving, is disrespectful as he forces the driver, handcuffed behind his back, into the police car, and more.

Listen to his tone, his words — and think: the elderly gentlemen in that passenger seat, on the way to the hospital, could be dying.  Luckily, he wasn’t — but who knew that at the time? 

“It don’t make no difference, ” the cop says to Mr. Hodge – ill, sick, setting in his buddy’s front seat there on the side of the road, as Mr. Hodge tries to explain that his friend was just trying to get him fast medical care. No wonder this is getting national news coverage: