Archive for 2010

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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

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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

4 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


March 10th, 2010

Texas Trial Judge Kevin Fine Gets Lotsa Media Play Over Death Penalty Ruling

Last week, over in Houston, a state district court judge (read that, trial judge) who’s still pretty new to the job, ruled that the death penalty was unconstitutional.  This got lots and lots and LOTS of media coverage.

This week, Judge Kevin Fine changed his mind.  He’s rescinded that ruling and he’s set the matter for an evidentiary hearing next month.  No typo there, not next WEEK but next MONTH. 

Evidence on a law issue?  Right.  Whether or not the death penalty is constitutional isn’t really a legal conundrum in this country.  Whether or not a particular individual should be punished by death is a fact battle.  Aggravating factors, mitigating circumstances. 

Let’s take a moment.  Right now, the Texas Judicial System has the following stories in the national spotlight:

The Chief Justice of the highest criminal court in Texas, Sharon Keller, carries the label “Killer Keller” and her removal from office is still a possibility; and  

The New York Times is having a field day with its recent coverage of the Texas judge (and former Court of Criminal Appeals justice) who had a long-term love affair with the prosecutor — and the U.S. Supreme Court possibly hearing the case brought to it by the defendant setting on Texas Death Row after getting tried and convicted (and sentenced) in this Courtroom of Love.

Maybe it’s not the best time for a state trial judge to be doing this sort of thing, especially when the media’s already having such fun with all his tattoos.   Really.

Posted by Michael Lowe at 6:17 pm

No Comments
Labels: Judge Watch


March 8th, 2010

500+ Guns Missing From Texas Police Dept Evidence Room – FBI, Texas Rangers Investigating

It all started when a pawn shop over in Humble, Texas, was subjected to a search by the Department of Alcohol, Tobacco, Firearms & Explosives.  ATF had a warrant, and they took possession of 112 guns that — come to find out — were last seen in the evidence locker of a Texas police department.

How’d they get into a pawn shop from a police evidence room? No one knew, and an investigation began.

Now, it seems that the Federal Bureau of Investigation (FBI) and the Texas Rangers are working together to solve this mystery.  Their latest tally?  Over 500 guns are missing from the Cleveland Police Department. 

While the FBI and the Texas Rangers both keep their ongoing investigations pretty darn quiet until they’re good and ready to reveal things, they do have to file a document in court now and then in order to do their job. And, the media has been monitoring court documents with both the Dallas Morning News and the Houston Chronicle keeping tabs on this Missing Gun Mystery.

Piecemealing so far, we know that a Liberty County Sheriff’s Department Captain, name of Harold Kelley, together with some others whose names we don’t know (yet) were allegedly in a gun-trafficking scheme.  Seems Captain Kelley was the Custodian of the Evidence Room, and had one of only two keys for the place.  Who had the other key?  Man name of Henry Patterson …  Henry was serving as the assistant police chief at the time. 

And, here’s the smoking gun — Kelley’s signature was on the official evidence files for 98 of those guns found in the Humble pawn shop.  He’d signed to confirm that the guns had been destroyed.

What about the rest of the 500?  The Texas Rangers and the FBI are out there, looking for them.  Betcha they find them, too ….

Posted by Michael Lowe at 5:08 pm

1 Comment
Labels: Cop Watch, Corrupt Cops


March 3rd, 2010

Tim Cole Pardon Granted by Gov Rick Perry: Will Lessons be Learned?

Of course, the big news today when you’re talking Governor Rick Perry is that he’s just won the Republican Primary without the need of a runoff.   Guess that makes sense. 

Finally, Tim Cole is Pardoned

However, on Monday something else happened.  Governor Perry signed the pardon of Timothy Cole, the first person in the State of Texas to be cleared of wrongdoing by DNA evidence after his death. 

If you follow this blog, then you’re aware that there was some problem getting here: arguments were made that the Governor had no legal right to grant this pardon, the Attorney General said so, and there was a major brouhaha before justice was done. 

What Will We Learn from the Tim Cole Tragedy?

Now that the pardon has indeed been granted, and the family of Tim Cole has achieved victory in his vindication, there are still questions that should be asked — lessons to be learned from the life of Tim Cole. 

Here are a couple:

1.  At Grits for Breakfast, there is much discussion on how many more Tim Coles are there?  How many more false convictions are on the books right now, with innocent men and women behind bars standing firm on their innocence?

It’s a good question.  With crime labs in the chaotic state they are these days, it’s debatable whether or not DNA testing can be trusted in cases pending before the court.  Who is going to undertake the process of vindication through DNA testing of folk who are already behind bars?  The Innocence Project of Texas does this — but their resources are limited, and they have to choose their cases accordingly. 

Tim Cole Lesson No. 1:  There’s a way to get innocent folk out of prison through DNA testing, but we’ve got to figure out how to do it, and who is going to pay for it – and how to secure their release through appeal or pardon once the test results are back.  Part of the expense is the judicial process AFTER the test reveals their innocence.  It’s not just a matter of taking a lab report to the prison and getting someone released. 

2.  At the Burnt Orange Report, discussion is had over Tim Cole’s case showing us once again how eyewitness identifications simply cannot be trusted as reliable evidence.  In Cole’s case, a young woman traumatized by rape picked Tim Cole in a photo lineup.  She was wrong.  The man who raped her later admitted the crime, and many years later, that victim came face to face with her perpetrator – all as part of the efforts to exonerate and free Tim Cole. 

Tim Cole Lesson 2:  Eyewitness testimony simply should not be trusted as evidence in a criminal case.  This should be absolutely paramount when it is the key piece of evidence that the State is using to put someone behind bars for any period of time, much less placing them on Death Row.  Human beings do not have trustworthy recollections of events, this has been proven time and time again.  When will the judicial system finally recognize just how flawed finger-pointing is?  Who knows.  Until they do, criminal defense attorneys must fight, and fight hard, against the probative value of any “eyewitness” — and perhaps pointing the finger at the Tim Cole case may help place this “evidence” in its proper perspective.

Posted by Michael Lowe at 5:55 pm

3 Comments
Labels: Crime News, Orwellian Threats to Rights


February 24th, 2010

Texas Cop John Gore Busted on Arson Charges – Investigation Going Back 9 Years

After serving three years as a Mineral Wells police officer, John Gore’s life has taken a drastic turn: he’s now a criminal defendant, facing two counts of arson and one count of arson causing bodily injury.  And it’s not over – Gore apparently gave information about an accomplice and setting 7 fires while he was being questioned on these charges. 

Seems this past Tuesday, Gore was stopped near the site of a fire at an industrial park – actually a set of three fires that had been set in that same area.  During one of the fire fights, a fire fighter was injured.  He wasn’t killed, but he did sustain serious injury and was hospitalized. 

When Officer Gore was stopped, he had gasoline with him and that’s being tested against the accelerant used to set the fires.  (Seems science can tell you if it’s the same gasoline.  Who knew?)

So, what was set ablaze, besides Officer Gore’s career and personal reputation?  An old army barracks, a fireworks stand, and an aviation company building said to house some kind of museum quality artifacts (who knows what this is). 

Now, an old buddy and former jailer/correctional officer named Jeffrey Gulley has been arrested as Gore’s helper.  He’s been released on a $50,000 bond.  And based on information provided by John Gore, arson investigators are combing through fire files going back to 2001 – so perhaps we haven’t seen the last of the charges. 

Where’s the firebug now?  John Gore’s out on $100,000 bond.  So is his pal Jeff Gulley.

Posted by Michael Lowe at 1:25 am

No Comments
Labels: Corrupt Cops


February 22nd, 2010

Dallas Morning News Starts Its Own List of Texas Officials Facing Removal From Office

Yesterday, the Dallas Morning News had an interesting item: an article entitled “Case Studies of Officials Who Have Faced Removal,” which lists four men who have been investigated for doing bad things while acting in their official capacity:

  1. EDUARDO “WALO” BAZAN, Hidalgo County constable, convicted of felony theft (probated) for taking a seized, stolen truck for his personal use. He’s been reelected to office, though this case was affirmed on appeal. Who knows whether he’s acting with authority right now; and  
  2. LARRY DALE FLOYD, Denton county constable, removed from office after he faced accusations of child pornography here in Texas and something more sinister, trying to have sex with an eight year old, up in Colorado.

Now, reading the first two in this list, you’d think maybe the News was just organizing county constables who got into some trouble, since there’s also coverage in the News on the Dallas County Constable Cortes controversy.

You’d be wrong.

The next two in their list are ERNEST GERARD MIRELES, formerly the Maverick County attorney, who resigned after allegations wree filed against him that he wasn’t even in the county for months; and SAUL OCHOA, another constable.  Ochoa, out of Cameron County, was busted for selling marijuana that had been seized in drug busts – he was convicted and sentenced to prison.  

And then their list ends.  Wassup with that?

Here on this blog (both here and in our Blogger version), we’ve made it a raison d’etre to keep watch on Texas officials — whether they’re judges, prosecutors, or law enforcment officials, that are doing Bad Things. 

And our list (if you’d like to surf thru the categories over there to the right, categories like “Judge Watch” and “Cop Watch”) is a WHOLE LOT LONGER THAN FOUR NAMES.  These folk not only faced removal, they’ve faced serious jail time. 

  1. For example, what about federal district judge Samuel Kent, the first federal judge ever accused of sex crimes, and who is now serving time in the pen?
  2. Former state district judge and Ombudsman of the Texas Youth Commission, Cathy Evans, who faced a felony indictment for smuggling stuff into a prison facility?
  3. Texas district judge Manuel Barraza, busted by the FBI last spring for taking bribes?
  4. Montague County Sheriff Bill Keating, who copped a plea to get 10 years in a federal pen?
  5. Refugio’s Chief of Police Chris Brock indicted last fall for felony theft (among other charges)?

There’s lots more.  We’d be happy to compare notes with the Dallas Morning News, if they’re interested.  Because there’s a lot more corruption in our state than that piddly little list of four names would lead you to believe, sad to say.

Posted by Michael Lowe at 8:54 am

No Comments
Labels: Media Watch


February 17th, 2010

Pardon for Innocent Man Tim Cole, Who Died in Prison Before Exonerated, May Happen. Finally.

Tim Cole did not rape the Texas Tech student over in Lubbock, back in 1985.  Jerry Wayne Johnson, according to his own confession as well as DNA evidence, committed this crime. 

Didn’t matter.  Tim Cole was arrested, charged, convicted, and imprisoned for the girl’s rape.  One day, Tim Cole was a student with a future at Texas Tech University.  The next day, he was a criminal — and he never had his second chance. 

Tim Cole died from complications due to asthma, still maintaining his innocence, in 1999.  He was 39. 

Now, 11 years later, Tim Cole’s family still seeks justice on his behalf.  They want Tim Cole to be pardoned by the Governor, even if it will be posthumously.  At first, Governor Rick Perry said he couldn’t do it — that the Governor is only allowed to pardon in cases of treason or impeachment, and legally his hands were tied.   This, according to Attorney General Greg Abbott.

The Governor May Still Issue a Pardon for Tim Cole

Now, The Texas Board of Pardons and Paroles may open the way to the elusive pardon, based upon an application filed by the Innocence Project of Texas.  Included within that application is the official clearing of Tim Cole’s name by an Austin state district judge.  The Texas Board will then issue a recommendation that Cole be pardoned to Governor Perry, who has already implied he’s going to pardon Tim Cole based upon the Board’s recommendation.

The Tim Cole Act – One Good Result From This Travesty of Justice

While the Cole family hasn’t taken any compensation from the Tim Cole Act, one good thing that has resulted from their efforts to bring justice to Tim Cole has been the passage of the Tim Cole Act.  Under this law, wrongly convicted individuals are compensated by the State of Texas as follows:

  1. $80,000 for each year of incarceration; and
  2. $80,000 lifetime annuity (variables here on life expectancy and other things).

Condolences to the Tim Cole Family – and Congratulations, too

Continued sympathies to the family and loved ones of Tim Cole, especially his mother Ruby Session, and heartfelt congratulations on a fight well fought.  And, tip of the hat to Austin District Judge Charlie Baird (who has also served as a justice on the Texas Court of Criminal Appeals) who had the integrity and courage to issue the first posthumous DNA exoneration judgment in the state’s history.

Posted by Michael Lowe at 4:58 pm

1 Comment
Labels: Crime News


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