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January 9th, 2013

FBI – Texas Rangers Sting Results in Arrests of Four Texas Law Enforcement Officers Including the Son of Local Police Chief and the Son of the Local County Sheriff Who Moonlighted in Cocaine Trafficking

This week, the announcement came down from the Hidalgo County Sheriff’s Office: its scandal-ridden “Panama Unit” will be shut down permanently at the orders of Hidalgo County Sheriff Lupe Treviño.

Hidalgo County is an Important County in Texas – With a History of Police Corruption

You know the place:  Hidalgo County sets right on the Texas-Mexico border, home to the city of Edinburg, and it’s far from a tiny backwater community:  Hidalgo is the 8th most populated county in the State of Texas and it’s also considered to be one of the fastest-growing counties in the country.

It’s the same place where we posted about the Hidalgo County constable being convicted of felony theft for taking a seized, stolen truck for his personal use and where another FBI sting resulted in Edinburg police officer Robert Alvarez being indicted and charged for some very serious crimes which included having sexual relations with a female robbery suspect in the jail and submitting inflated time sheets to get higher overtime pay.

Hidalgo’s Panama Unit is Shut Down After Making National Headlines for Corruption

This shutdown of the special police drug unit isn’t a big surprise considering the national headlines the Panama Unit has been making over the past few weeks after Sheriff Trevino’s son as well as the son of the Chief of Police for Hidalgo, Texas, were both arrested by federal agents along with other members of the infamous “Panama Unit.”

In one more federally-coordinated sting operation, the Department of  Immigration and Customs Enforcement (ICE) worked with the Federal Bureau of Investigation as well as the Drug Enforcement Administration (DEA), the Department of Justice’s Office of the Inspector General, and the Texas Rangers to bring down a group of law enforcement officers down in South Texas who were making money on the side by playing both sides of the law.

What were the Texas cops who were arrested in the FBI Sting doing?

The investigation revealed that the son of the Police Chief and the son of the Deputy Sheriff (as well as another two men employed as Deputies by the Hidalgo Sheriff’s Department), were not only on the official government payroll to serve and protect as Hidalgo police officers, they were also being paid by drug dealers to protect their shipments of cocaine coming through Texas.

The sting resulted in the arrest of these four officers and the rest of the Panama Unit quit their jobs. The man assigned to oversee the Panama Unit, Hidalgo Police Department Sgt. Roy Mendez, remains on the force – he’s now on the streets, back on patrol.

The actual FBI arrests of Alexis Espinoza, 29, son of Hidalgo Police Chief Rudy Espinoza, and Jonathan Treviño, 28, the son of Hidalgo County Sheriff Lupe Treviño, happened shortly before Christmas.

Federal Complaints Describe Cops on Drug Cartel Payroll to Protect Cocaine Trade Along Texas Roadways and Thru Checkpoints

From the complaints (Espinoza; Trevino) and other documentation filed in the federal court records, it is known that the sting began after ICE got a tip that there were some South Texas police officers on the take, making money on drugs.  Soon, federal authorities were acting on the tip by faking a drug deal where a car carrying cocaine was driven from McAllen to Weslaco and a deal was made for Hidalgo Police Officer Alexis Espinoza to escort and protect that cocaine-filled car on its route.  He was paid $1500 down and several thousand dollars more when the car successfully made its trip.   The federal agents did this again: once more, Officer Espinoza together with another officer protected a vehicle as it transported cocaine from one location to another on Texas roads in exchange for several thousand dollars payment (around $3500 – $4000).

Soon, the feds learned that the Panama Unit was corrupted — and that the Hidaldo Sheriff’s Department unit assigned to fight drug crimes was instead working with drug dealers to move narcotics along Texas roads.  Officers Trevino, Espinoza, and Rodriguez of the Panama Unit were paid by a federal informant to protect the move of 7 kilos of cocaine from McAllen to Edinburg for payment of $6000.00.  Federal authorities upped the ante after this round:  according to the federal complaint, Panama Unit member Duran and an unknown cohort agreed to protect a vehicle that was moving 20 kilos of cocaine from McAllen through the Falfurrias checkpoint.  Shortly after this fake drug deal, the arrests were made.

Now, we can all monitor how these two sons of the men in charge of insuring Texas law is respected in Hidalgo County proceed through the federal courts and the federal system of justice.   Good thing that this all came down after Hidalgo Sheriff Lupe Trevino was reelected for a third term in November, right?

Posted by Michael Lowe at 1:05 pm

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Labels: Cop Watch, Corrupt Cops


December 26th, 2012

Two Dallas Police Officers Facing Criminal Investigations After Dallas Civil Trial Judge Rules Their Sworn Testimony in 2011 Criminal Case Is “Perjurious”

Judge Carl Ginsberg presides over the 193rd Judicial District Court of Dallas County, Texas, and has been a Texas trial court judge since January 2007, so he’s not new to the ball game, and when he issued his opinion regarding the Melvin Williams criminal case earlier this month, Judge Ginsberg must have been well aware of the ramifications of his ruling.  Interestingly, there’s not that much media coverage of what Judge Ginsberg has done, just one story in the Dallas Morning News.

Good for the Dallas News, of course, but it’s something that Texas citizens (particularly those in the Dallas – Fort Worth Metroplex) should hear about, so we’re sharing Judge Ginsberg’s ruling here today.

What Has Texas Judge Ginsberg  Done?

The case came before the 193rd District Court as a civil forfeiture case, where the State of Texas was seeking to keep cash that had been taken during a criminal arrest. After hearing the case, including evidence presented as exhibits and as testimony from witnesses, Judge Ginsberg has ruled from the bench that two law enforcement officers of the Dallas Police Department lied – and not just once – under oath in testimony they gave concerning a December 2011 arrest of criminal defendant Melvin Williams.  Judge Ginsberg calls their testimony “largely perjurious.”

Largely perjurious? Perjury is a crime for giving false testimony under oath.  If perjury is “aggravated,” then it’s a 3rd degree felony charge.  Texas law (Texas Penal Code 37.03) defines “aggravated perjury” as: (1) made during or in connection with an official proceeding; and (2)  is material.

What Did the Two Dallas Police Officers Do?

It’s too soon to report whether or not the two police officers are facing felony charges because the case is still in the investigatory stages; however, Judge Ginsberg has been pretty clear about his perception of things.  He’s heard evidence and issued his opinion.

Judge Ginsberg found that Dallas Police Officers Jon Llewellyn and Randolph Dillon (1) first had no probable cause to detain the defendant Mr. Williams; (2) the two police officers lied about where they found some of the drugs made the basis of charges against Mr. Williams; and (3) they lied about where they found money used as the basis of charges against Mr. Williams.  The Court ruled that this resulted in violation of Mr. Williams’ constitutional rights.

What Happens Now?

Surprising to no one, the ruling of Judge Ginsberg has gone up on appeal.  What happens next to the Dallas Police Officers will be dealt with in the investigation of their statements and in cases brought based upon that investigation.  It will not be immediate arrest of the two officers based upon Judge Ginsberg’s ruling.  Also, since the Ginsberg opinion resulted from a civil matter, it does not impede or halt the criminal proceedings against Melvin Williams – but one can assume that Mr. Williams’ defense will take note of this civil judge’s review with its constitutional implications.

The full impact of Judge Ginsberg’s opinion has yet to be seen.

Posted by Michael Lowe at 12:26 pm

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Labels: Cop Watch, Corrupt Cops, Judge Watch


December 19th, 2012

Dallas Roadside Body Search by DPS Troopers Now Subject to Federal Lawsuit – Shocking Video of Dallas Roadside Search of Two Innocent Women

Over the years, we’ve monitored law enforcement in traffic stops and we’ve posted about bad things that have happened on Texas roadways, things like  these dashcam video captures of law enforcement doing wrong (these aren’t the only examples we’ve found, check out our “Cop Watch” section in the sidebar for more):

  1. the Lufkin police officer who pulled over senior citizen Tracey Lott as Mr. Lott was racing his buddy Johnny Hodge to the hospital (where Mr. Hodge was hospitalized for blood pressure and respiratory problems).  The Lufkin officer is caught on his own dashcam as he ignores the distress of Mr. Hodge there in the vehicle, and instead draws his weapon on Mr. Lott, handcuffs the elderly gentleman, and throws him into the squad car;
  2. the Dallas police officers who were videotaped as they chased Andrew Joseph Collins in South Dallas, caught him, and then beat the man with their fists as well as their batons; and
  3. the Travis County Constable (that’s the Austin area) who was filmed using a stun gun (Taser) not once but two times on a 72 year old woman during a traffic stop.

However, the latest dashcam video that has been making the news media rounds this week is perhaps the most astonishing yet:  and no surprise to most criminal defense attorneys here in Texas, it’s now the basis of a lawsuit filed against the Texas Department of Public Safety (DPS) and others involved in this horrific disregard for the rights of ordinary citizens driving along Texas roads.

Irving Traffic Stop Dashcam Video Shows Intrusive and Embarassing Roadside Cavity Search of Two Women Now Basis of Lawsuit

Back in July, Angel Dobbs and her niece Ashley, 24, were driving along Highway 161, going north, when they were pulled over by a Texas DPS Trooper  named David Ferrell. On the video (see it below), DPS Trooper Farrell claims to have pulled the car over because he saw a cigarette butt being tossed out of the car window and that he called DPS Trooper Kelley Helleson to assist him after he allegedly smelled marijuana coming from the vehicle.

No marijuana, nor any other drugs, were ever found in their car.  Moreover, the two women both denied using drugs or knowing anything about any drugs, or having any drugs including marijuana in their possession, custody, or control.

It didn’t matter what they said.  As you can see from the dashcam video, Trooper Kelley Helleson performs a cavity search on these two women during a routine traffic stop here in Dallas, Texas, there on the side of the road.  The video tells the story and the lawsuit is clear: the two women are now seeking damages for what they are describing as a painful and humiliating cavity search. Angel and Ashley Dobbs have sued Troopers Helleson and Farrell as well as Steven McCraw in his official capacity as Director of the Texas Department of Public Safety.

You can read the complaint that they filed in federal court online with all its details of what these women experienced — again, there on the side of a Dallas roadway.

The dashcam video is here (WARNING: THIS IS GRAPHIC IN NATURE):

Ten Things to Know In Case Your Car is Pulled Over in Texas

Here, from the Resources section of the DallasJustice.com web site are ten things to know about when law enforcement in the State of Texas pull your vehicle over:

  1. Your car cannot be pulled over by the police without a reason. Law enforcement cannot stop your vehicle on a whim. They can’t pull you over just to look at your driver’s license and registration. Under the law, the law enforcement officer must have a reasonable belief that there has been either a violation of traffic laws or some other crime.
  2. Once stopped, you are under no legal duty to tell the officer anything other than your name and your home address. That’s it.
  3. You should have the proper stickers on the windshield of your car and your vehicle should be in good working condition. You can be legally stopped if a turn signal isn’t working, or you’ve gone past the month/year deadline on your state windshield sticker.
  4. You can ask to have your attorney with you for questioning at any time a law enforcement officer is asking you questions.
  5. You do not have to agree to any tests of your physical condition. There is no legal requirement that you do any breath tests, field sobriety tests, or blood tests. None.
  6. If things are getting complicated with the officer, stay calm. Use good manners. Ask for your lawyer, politely and firmly. Make sure you have the officer’s badge number.
  7. Your home cannot be entered by the law enforcement officer even if he’s stopped your car right out front. The Fourth Amendment of the U.S. Constitution has lots of protections for the homes of Americans. Exception: if you invite the officer inside. Another exception: the police have legal justification to do so (say, someone screams “help” from inside the home or there’s an explosion or other imminent danger signal).
  8. If your car is stopped then start watching the clock. Law enforcement cannot hold you there on the side of the road for an extended period of time. If things are taking too long, get your lawyer on the line.
  9. It’s not legal to drive under the speed limit, just over. You should not be stopped by law enforcement if you are driving less than the posted speed limit. That’s not suspicious behavior that justifies someone being pulled over under the law.
  10. It’s not legal to block your car or otherwise prevent your vehicle from moving forward once you’ve been pulled over. Law enforcement officers cannot restrict your freedom to leave after their pulled you over by parking in front of you or otherwise creating a barrier.

Posted by Michael Lowe at 11:48 am

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Labels: Cop Watch, Corrupt Cops, Orwellian Threats to Rights


August 15th, 2012

Dallas Police Chief Announces Big Policy Changes To Halt Trend of Dallas Police Department Officer Involved Shootings

Last Friday, Dallas Police Chief David Brown announced that there would be changes made over at the Dallas Police Department to deal with the big (HUGE) problem of officer involved shootings here in Dallas, Texas (for details, read our earlier post where our city is averaging 1 Dallas officer involved shooting every few weeks).   Interesting thing – in making his announcement, Chief Brown didn’t call a press conference or send out a news release.  Nope.

Instead, Police Chief Brown took to Facebook. That’s right:  you can read all about the new police changes for the Dallas Police Department as well as Chief Brown’s response to the recent James Harper shooting on his Facebook page.   (It’s also posted on the Dallas Police Department’s website.)

Who is James Harper?

James Harper, you’ll recall if you follow this blog, is the man who was killed last month in a Dallas Police Department officer involved shooting, and his death was the focus of a community demonstration that had been organized to protest what is going on here in the Dallas metroplex.  (Details here.)

What is the New Dallas Police Deparment Policy?

The Chief explains in detail what these policy changes will be; here is an overview of the things he will be implementing:

1. Formalize a process of concurrent investigative review with the FBI Civil Rights Office of all officer involved shootings.

2. Implement a more comprehensive Response to Resistance reporting system.

3. Develop a foot pursuit policy.

4. Re-implement the Digital Video Recorder (DVR) Review Team.

5. Implement a mandatory electronic control weapon (Taser) training policy for all officers.

6. Enhance the Department’s consensual search policy to include the requirement for a written and/or recorded consent.

7. Research best practices that have come from critical incidents or institutional failures in public safety from around the nation.

8. Assemble a special Community Policing Strategic Team of officers for the Dixon Circle community.

It’s a good thing that the Dallas Police Chief is taking this situation seriously – because having law enforcement shooting people when they are out on the streets to serve and protect is a very scary and dangerous thing.

Excessive force by law enforcement is never acceptable, but using a gun is so much more serious than using a flashlight or fists: bullets kill and seriously injure people and here in Dallas, people have been dying from DPD issued bullets.  (For more about excessive force, read our resources page for details.)

Just how serious is this problem here in Dallas?

Chief Brown’s own report outlines some statistics, which show that from January to August 2012, there have been 16 incidents of officer involved shootings and in these shootings, 8 people have died – and we’ve got months to go before this year is complete:

Shootings by DPD Officers - 2002 – 2012 YTD
Year  |  # of Incidents  |  # of Fatalities
2002 22 6
2003 19 6
2004 15 4
2005 10 2
2006 16 2
2007 17 6
2008 16 5
2009 15 5
2010 16 8
2011 12 2
2012 YearToDate 16 8

Posted by Michael Lowe at 12:37 pm

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Labels: Cop Watch, Corrupt Cops, Orwellian Threats to Rights


August 8th, 2012

Dallas Police Excessive Force: 16 Officer Involved Shootings in 2012 – Over 1 Each Month and 50% Are Fatal

Police officers are trusted by you and me to carry guns, pistols, stun guns, and other weapons on their bodies as they drive the streets and walk alongside us and our kids because they are doing the job of protecting and serving the public.  So when cops decide to use their weapons to harm or kill citizens without apparent justification or reasonable need, then it may become a matter of illegal and dangerous “excessive force” and it’s something that needs to be stopped.

Excessive force by local law enforcement isn’t news here in Texas, or here in the Dallas area – it’s a reality that we all know is out there, the question really becomes just how bad is the problem here.  Based upon the continued reporting by the Dallas Morning News (no, the source is not news releases from local law enforcement),  excessive force being used by police officers in Dallas, Texas, is pretty commonplace and that is very, very bad for all of us.

Dallas Settled 3 Dallas Police Department Excessive Force Cases in Summer 2012 for Around $1.5 Million

As the numbers rise, the ink isn’t dry on the settlement documentation for the City of Dallas in two excessive force cases where the Dallas City Council approved close to $1 million in settlement to two men seriously injured during their arrests by Dallas police officers. Rodarick Lyles got half a million dollars from the City of Dallas in settlement after he was kicked in the face and sprayed with pepper spray by a Dallas police officer – all after he had been handcuffed and subdued on the ground after a traffic stop.  Lavell Fairbanks also received a cash settlement from the City of Dallas for excessive force by Dallas police officers: Fairbanks was beaten about the head so badly by a flashlight that he suffered permanent brain injuries.

By the way, Andrew Collins also received $500,000 from the City of Dallas in an excessive force settlement the month before these two claims were paid.   You can watch what happened to Collins here – the police beating was caught on the dashcam of one of the Dallas police cars.

Notice that these three cases, where tax dollars of $1.5 million were paid in settlement of excessive force claims against the Dallas Police Department did NOT involve guns.  Shooting people as part of excessive force is a whole different ballgame.

Dallas Morning News Tally Today:  16 Officer Involved Shootings by Dallas Police Department

The local newspaper is keeping track of Dallas police officers using their guns – which is just one part of the excessive force fever that seems to pervade our area.  Today, that tally is at 16 .

Dallas Officer Involved Shooting No. 16:  The Honda in the Parking Lot

Apparently, this week there was a burglar over in the northeast part of Dallas that wasn’t that good at his job because his victim watched as the guy left his house in a Honda.  The victim called the police, and gave them the information including the license plate number of the Honda.  So, the Dallas Police reportedly found this Honda in the parking lot of a local executive suites type of motel and as the Honda tried to drive off, the cops fired their guns at the car.  No one is reporting that this guy had any weapon; there is a report that he rear-ended a parked car in the lot trying to get away from the cops.

According to the police report (quoted in the Dallas Morning News coverage), when a Dallas police officer’s bullet hit the Honda’s door, the suspect surrendered.

Dallas Police Shooting No. 15 – Suspect Was Shot and Injured

Meanwhile, last Friday another Dallas Police Deparment Officer Involved Shooting happened, this one at a home where a man named Roberto Gabaldon had allegedly taken some people hostage inside the house; these were his nephew along with the man’s ex-girlfriend and her baby.  They left the house soon enough, with just this guy inside.

Seems Gabaldon did have a gun, pointed at himself, as he opened the door to the home.  Then the police reports are that he went back inside the house and tried to leave through the garage door in the rear and that two Dallas police officers feared for their lives and shot him because they saw him point their gun at them.

Gabaldon didn’t die, he’s at Baylor being treated for his injuries and KERA News reports he is in stable condition. No news yet on his account of what happened last week.

Dallas Police Officer Shootings – More Than One a Month in 2012

Here in Dallas, the police are using their guns quite a bit: this year we’re seeing a reported average exceeding one a month – and in about half of these cases, people are killed by the guns of Dallas law enforcement.

The Dallas Morning News is covering the story.  Some communities are organizing protests: for example, the killing of James Harper less than two weeks ago in South Dallas is being spotlighted in a protest organized by the Dallas Committee Organizing for Change. (Harper was shot by a Dallas police officer after he ran from a drug house and was fighting with the cop after jumping a fence trying to get away. )

This is a crisis in our community.  Filing excessive force claims is one answer, but it is something that can only occur AFTER the gun has been fired.  And this isn’t including the use of other weapons, like Tasers.  Everyone in Dallas needs to know this is happening and work to stop this shocking abuse of police power in our own backyard.

Posted by Michael Lowe at 11:44 am

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Labels: Cop Watch, Corrupt Cops, Crime News, Orwellian Threats to Rights


July 18th, 2012

Whistleblower Gregory London Back On The Job With Back Pay After Blowing Whistle About Dallas County Constable Derick Evans Campaign Antics

This week, Gregory London returned to his job at the Dallas County Precinct 1 Constable’s Office after being reinstated by the Dallas County Civil Service Commission, which also awarded London back pay and benefits covering the time he was out of work after spilling the beans about his boss to an ex-agent of the Federal Bureau of Investigation (FBI) who was hired by the County to investigate things.

If you’re spending any time here in Dallas, visiting or working, then you’ve probably heard about the scandal where a local County Constable was violating the law while trying to get himself reelected. Gregory London was a “Deep Throat” informer who told the ex-FBI agent what he was seeing: London later was fired by Derick Evans, the Constable running for re-election.

London was fired in June 2011, and returns to work in July 2012, so he’s getting around a year’s worth of back pay and benefits paid to him. Evans, meanwhile, has also had a big month in July 2012. That’s because he’s just been convicted of violating the law by holding a raffle to raise money for his campaign.

This took awhile.

Evans fought hard and faced a jury sentencing him to 2 years probation and a $10,000 fine only after two trials had taken place and three years had gone by in investigating Evans’ activities in running for office. The Dallas County Constable was found guilty by the jury of committing organized crime in holding an illegal raffle. (The first trial ended in a mistrial.)   The jury didn’t give Evans any jail time, though, after having the option of sentencing Evans for up to 2 years incarceration.

So, Gordon is back on the job. Evans is still on the job, too, technically speaking: Evans is appealing the decision and he won’t be removed from office until after the appellate process of grading the trial court’s papers is done. And then, Evans will only be removed if that appellate process comes down on the same side of things as the Dallas County jurors did.

However, the trial court judge ordered that Evans isn’t to do any work – he’s just not going to be officially removed as Constable until the appeals are finished.

Evans’ argument at trial, and presumably on appeal too: his campaign did not have a raffle because tickets were not sold to people thinking that they were maybe going to win a prize but instead to people who thought they were donating to his campaign for re-election.

Prize: against the law.  Donation: legally okay.

Meanwhile, Gregory London was not booted from the Constable’s Office because he chatted with investigators.  London’s termination was based upon an allegation that London had messed with county records dealing with an eviction notice.  He has been given his job back along with the back pay because the Commission has decided it was not wrong – that London had a training problem that caused the records mess, and London didn’t intentionally falsify anything.

Some, including the Dallas Morning News, are calling for Constable Derick Evans to resign.  Should someone convicted of organized crime keep their elected position as an officer of the law after a jury has rendered their verdict?

Before you answer, consider this:  there’s more to this story than the raffle.  There’s the issue of Dowdy Ferry Auto Services — which is a bigger deal we’ve been following for awhile now. Something the Dallas Morning News is pointing out ….

Posted by Michael Lowe at 11:34 am

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Labels: Cop Watch, Corrupt Cops


May 23rd, 2012

Aransas Pass Police Caught on Video Beating Matias Vera: Texas Police Department Faces Another Allegation of Evildoing.

Call it “police brutality” or “excessive force,” but anytime someone in law enforcement abuses their power with physical violence, it’s not something that should be tolerated by anyone, anywhere – much less the local law enforcement officials, city councils, or state and federal authorities.

So it’s rather shocking that we’re reading yet ANOTHER news story about members of the Aransas Pass Police Department beating up citizens. Consider this:

For details on what constitutes “excessive force” read our short explanatory article here.  This type of thing is notorious for happening all over the State of Texas.  Here’s another example of excessive force caught on video, this one a beating of a U.S. Veteran by cops over in East Texas.

The Beating of Matias Vera in Aransas Pass, Texas

One of the benefits of modern technology is the ability of  gizmos like dashcams and cellphones to capture these horrific events where cops abuse their power – they can’t intimidate victims or just flat out lie that nothing happened when there’s camera evidence to document the crime.  And yes, excessive force is a crime.

Which is one good thing for Matias Vera.  The beating that Matias Vera III received from law enforcement was caught by a camera’s lens.  More than one, hopefully.

According to news reports, a cell phone video shows Mr. Vera being punched by fists and kicked by booted feet by the Aransas Pass cops after they had already subdued him and had Mr. Vera lying down on the ground.  So a cell phone will tell the tale, right?  Watch the cell phone video here and you can see that it was taken from a distance by a witness to the event … good for them to have the courage to do this.

What about the dashcams? Reports are that there should be four (4) police car dashcams from the scene to provide additional evidence of what happened to Mr. Vera.  As of this morning, there were no media releases of any video footage.

Additionally, only one officer from the scene is being investigated according to the local police department – and he’s just on administrative leave.  With pay.  Which happened AFTER the cell phone was disclosed to the media.

Wow.

For more details, check out the exclusive interview with Matias Vera by Corpus Christi TV Station KRIS-TV. KRIS-TV is reporting that the Texas Rangers are back in Aransas Pass to investigate this incident.

Maybe It’s In the Water?

Of course, these aren’t the only recent stories of unacceptable violence happening down in Aransas County. Remember the Texas Judge who was caught on video beating his daughter – the daughter had hidden the camera, videotaped the episode as it happened in their home, and then uploaded it to YouTube?

That’s right: that was Aransas County Court at Law Judge William Adams. (Details in our post here.)

Perhaps it’s a word to the wise: steer clear of Aransas Pass and Port Aransas and Rockport (all found in Aransas County) during your summer trip down to the coast this year. Yikes.

Posted by Michael Lowe at 12:58 pm

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Labels: Cop Watch, Corrupt Cops, Crime News, Orwellian Threats to Rights


May 16th, 2012

Eyewitness Testimony and Prosecutorial Misconduct Spotlighted Again as Texas Executed Another Innocent Man: the Wrongful Prosecution of Carlos DeLuna

In what universe does anyone really believe that eyewitness testimony is reliable?  Really?  We’ve written before about how criminal defense attorneys and prosecutors alike are well aware that witnesses are notoriously unreliable in giving accurate information about a crime. For example, read our earlier post discussing a Dallas Morning News expose where the Dallas County District Attorney’s Office routinely convicted innocent men with eyewitness testimony known to be faulty.

Heck, there are lots of psychological studies done on this, and why human beings just can’t give accounts about what happened at a certain date and time as if they were video recorders or dashcams.  Because they’re not.  Still, the system allows people to take the stand and give eyewitness testimony about serious crimes, finger pointing at defendants and crying out “yes, that’s the man I saw.”

Eyewitness Testimony, Mistaken Identity, and the Execution Killing of Carlos DeLuna, an Innocent Man

Perhaps the grisly reality that this practice has resulted in the State of Texas sending an innocent man to his execution in 1989 will change things: if so, then the mistaken identity case of Carlos DeLuna may bring with it some good.  Because there’s nothing good to say about it right now.

Long ago, a woman was murdered, and we know who did it and we know who was convicted of her murder and sentenced to death for it. The only evidence that supported Carlos DeLuna’s conviction?  Eyewitness testimony.   People took the witness stand, and under oath, told that jury that Carlos DeLuna was the man that stabbed Wanda Lopez to death that day while she worked at a Corpus Christi gas station’s convenience store.

That was all it took.  A little finger-pointing.   Too bad they had the wrong guy:  Carlos Hernandez, not Carlos DeLuna, killed Wanda Lopez.

Now, Columbia Law School has set up a website and is offering a free ebook that provides details on the 5 year research project undertaken by Columbia Law Professor James Liebman and his team of students.   You can check out their website here.  There are lots of very interesting interviews to watch on the site, including:

Eddie Garza, Corpus Christi Police Detective: While the prosecutor in DeLuna’s case said that Carlos Hernandez—the man DeLuna said was the actual killer—was a “phantom,” evidence uncovered years later shows not only that he existed, but that he was well-known to police and prosecutors at the time and had a long history of violent crimes.
Carroll Pickett, Texas Death House Chaplain: Even at the midnight hour, when there was nothing left to lose and the Death House Chaplain heard confessions from most of the other 95 inmates he ushered to their deaths, DeLuna said, “I didn’t do it.”

You can read their free ebook here. Or download it in pdf format or order a hard print copy, if you prefer. Columbia Law is making every effort to get this research circulated to as many folk as possible – and that is great.  Lawyers please note that this ebook is also Issue 3 of Volume 43 of the Columbia Human Rights Law Review, entitled “Los Tocayos Carlos,” by James S. Liebman, Shawn Crowley, Andrew Markquart, Lauren Rosenberg, Lauren Gallo White, and Daniel Zharkovsky (43 Colum. Hum. Rts. L. Rev. 711 (2012)).

Prosecutorial Misconduct?  You Betcha.

Reading through the compilation of the Columbia research team and you’ll find not only a reliance on obviously untrustworthy eyewitness testimony (witnesses who point the finger only after they’ve seen DeLuna cuffed and setting in the back of a police car shouldn’t be relied upon for accuracy here), but you’ll also find police looking the other way when evidence pointed away from DeLuna being their man as well as, surprise surprise, prosecutorial misconduct in the matter.

Prosecutors did many bad things in the Carlos DeLuna case. Things like not turning over evidence to the defense that would clear him (exonerating evidence).  Things like telling the jury that  Carlos Hernandez, was just a ghost (“phantom”) of Carlos DeLuna’s imagination when DeLuna said that he knew Carlos Hernandez to be the true killer (having seen Hernandez go into the store that night) — all while the prosecutors not only knew that Carlos Hernandez was a real man and no ghost, but that he had a history of being violent and using a knife in assaults on people.  (Hernandez was later convicted for murdering another woman and repeatedly confessed that he was the man who had killed Wanda Lopez.)

So, what happens now?  Bet that not too many Texas prosecutors are losing sleep over this – with the way things are right now, they must feel very, very safe from accountability.

Posted by Michael Lowe at 12:44 pm

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Labels: Cop Watch, Corrupt Cops, Death Row, Orwellian Threats to Rights


March 14th, 2012

Texas Police Corruption: Texas Rangers Arrest Chief of Police, Rest of Police Department Out the Door But Covington Still Very Afraid

A stone’s throw as the crow flies from Fort Worth is the tiny Texas town of Covington, and if you follow along Interstate 35 from downtown CowTown you’ll be in the heart of Covington in around 45 minutes.  So, this story isn’t coming out of some backwoods, rural spot that’s living without the knowledge or influence of modern culture and its conveniences … and its laws.

Covington Police Chief Arrested by Texas Rangers Last Friday

On March 9, 2012, (just last Friday) the Texas Rangers swooped into Covington and arrested its Chief of Police, Wade Laurence, on a felony charge under the Texas Controlled Substances Act Section 481.129, for using a fraudulent prescription to obtain controlled substances.  He was handcuffed, taken to jail, had his mugshot taken, and then placed under a $20,000 bond.

The same day, the Covington City Council held a meeting and fired Wade Laurence as their Chief of Police.

Wickedness in High Places: Rogue Police in Covington, Texas

Covington is a small town, officially only around 250 people live there.  So most everyone knows what’s up … but the official allegations have sprouted not from back-fence gossip but from accusations coming from Laurence’s fellow police officers.  Like former Police Chief Dowell Missildine and former Police Officer Kayla Richardson, who is being heralded as a whistle-blower for bringing some bad things to the attention of authorities, as well as telling Missildine things were becoming so serious that she was afraid for her life in some kind of retaliation.

Kayla Richardson is the brave soul who took this situation to the Texas Rangers, after she learned that the police evidence locker had drugs missing from its inventory and the only Covington Police Department member who wouldn’t take a lie detector test was its Chief of Police, Wade Laurence.  Richardson saw that nothing was going to happen even after it was known that drugs had disappeared from the police department’s drug locker, and this riled her up enough that she went to the Texas Rangers for help.

Covington Is Afraid Now That Bad Cop is Free on Bond

Meanwhile, with a low bond, it didn’t take long for Wade Laurence to get released.  So, this week, he’s free as a bird while he awaits trial on the felony charge (and maybe other investigations, too).

Covington City Council member Marty Smith has told the media that the community is terrified of these rogue police — which include not only ex-Chief Laurence but a hand full of men who worked as cops alongside him. People in the town are scared of what felonies are yet to be committed in their community by these evildoers.

According to reports of the Texas Rangers as well as media coverage, Laurence has had such an iron hand on this small Texas town that people were afraid of their own police force.  Individuals are coming forward telling of things like being threatened with arrest on trumped-up charges as well as having their property destroyed (windshields busted, etc.) in a textbook tale of bullying techniques by out of control Powers that Be.

Texas Police Out of Control: Is Covington All That Unique? Nope.

The ability of a small Texas community’s police force to become corrupt and exceed the police powers entrusted to it seems to be not only readily available to towns and hamlets across the state …  all too often, it’s become obvious that ne’er do wells are taking advantage of this chance to rule and reign as they wish, despite the laws they are sworn to uphold.

Behind the badges of places like Covington are other locales we’ve monitored here – like police departments in Aransas Pass, Rosebud, and Cleveland, among others – it’s not just a Bad Apple but an entire system that has broken down as officers entrusted with the public good fall prey to the profits to be made from guns and drugs.

In covering the Covington story, Republic magazine is also reporting on abuses in the Texas town of Tenaha and Shelby County, as well.  Seems bad things are happening there almost simultaneously with the bad stuff up near Fort Worth.

The reality of criminal justice in the State of Texas today is that a police uniform does not necessarily carry with it the guarantee of integrity and honesty that many members of the public assume it does.   Corruption exists, and it is wise to be wary.

Posted by Michael Lowe at 1:21 pm

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Labels: Cop Watch, Corrupt Cops, Orwellian Threats to Rights


January 25th, 2012

Texas Cop Investigated for Lewdness and Child Pornography by Texas Rangers

News reports are popping up across the state today about an officer with years of service at the Wylie Police Department who just got put on paid administrative leave after allegations were made against him involving lewd behavior and child pornography.   The patrolman has voluntarily turned over his home computer to the Texas Rangers, who are investigating, and undoubtedly this story is going to get bigger as the contents of that computer are revealed.  (We’re not sharing his name now because he hasn’t been arrested yet.)

Already, it is known that there are photographs on that home PC that are pornographic: images of the Wylie police officer having sex with an unidentified woman; a nude woman posing with his Wylie Police Department badge, the list goes on.

How did this discovered?

Seems that someone took images from the Wylie cop’s home computer and sent them to everyone on his email address list, including someone at the Wylie Police Department’s Powers That Be.  That happened Monday night.  Not clear how fast the Texas Rangers were called but it’s Wednesday morning and they’re definitely on the job.  (As are the Garland Police Department since the officer resides in Garland, and therefore that may be where crimes actually occurred.)

Why are the Rangers jumping in so fast?  Seems some of these images aren’t just pornographic — they are CHILD pornography.

Within 48 hours of the mass email mailing, the Wylie officer was suspended by the Wylie Police Department and while they were at it, the Wylie Police Department also placed two employees on leave that are shown in these photos:  a female dispatcher and another department employee.

Lewd Behavior is a Misdemeanor and Child Pornography is a Felony

It’s serious enough for a Texas police officer to be engaged in pornography on his home computer: that can constitute the crime of lewd behavior under the Texas Penal Code, but to have child pornography on his PC is shocking.  After all, not only are police officers under oath to protect and serve, they are also well aware of the crimes defined by statutes in this state, no excuses here:

Texas Penal Code Section 21.07: PUBLIC LEWDNESS

a) A person commits an offense if he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his:

(1)  act of sexual intercourse;

(2)  act of deviate sexual intercourse;

(3)  act of sexual contact; or

(4)  act involving contact between the person’s mouth or genitals and the anus or genitals of an animal or fowl.

(b)  An offense under this section is a Class A misdemeanor.

It is much more serious for this member of Texas law enforcement to be involved in child pornography; this is a felony in the Texas Penal Code (and may constitute a federal crime as well):

Texas Penal Code Sec. 43.26:  POSSESSION OR PROMOTION OF CHILD PORNOGRAPHY.

(a) A person commits an offense if:

(1) the person knowingly or intentionally possesses visual material that visually depicts a child younger than 18 years of age at the time the image of the child was made who is engaging in sexual conduct; and

(2) the person knows that the material depicts the child as described by Subdivision (1).

(b) In this section:

(1) “Promote” has the meaning assigned by Section 43.25.

(2) “Sexual conduct” has the meaning assigned by Section 43.25.

(3) “Visual material” means:

(A) any film, photograph, videotape, negative, or slide or any photographic reproduction that contains or incorporates in any manner any film, photograph, videotape, negative, or slide; or

(B) any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission, or other method.

(c) The affirmative defenses provided by Section 43.25(f) also apply to a prosecution under this section.

(d) An offense under Subsection (a) is a felony of the third degree.

(e) A person commits an offense if:

(1) the person knowingly or intentionally promotes or possesses with intent to promote material described by Subsection (a)(1); and

(2) the person knows that the material depicts the child as described by Subsection (a)(1).

(f) A person who possesses visual material that contains six or more identical visual depictions of a child as described by Subsection (a)(1) is presumed to possess the material with the intent to promote the material.

(g) An offense under Subsection (e) is a felony of the second degree.

Posted by Michael Lowe at 11:03 am

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Labels: Cop Watch, Corrupt Cops


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