Archive for the ‘Crime News’ Category

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.

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.

January 18th, 2010

Will the US Supreme Court Reverse Itself on Defense Examination of Crime Lab Techs?

Last week, we pondered the trustworthiness of crime labs in Texas – or more accurately, how inaccurate their results can be.  One good bit of news in all that mess is the ruling of the United States Supreme Court in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), where just this summer the Highest Court in the Land decided that criminal defense attorneys could cross-examine lab techs on their lab reports.

For many, it was shocking that defense attorneys weren’t already allowed the chance to question lab technicians on the witness stand about their lab results.  (One more example of how CSI isn’t based in reality.)  Well, here’s something even more shocking: the U.S. Supreme Court may change its mind.

That’s right.  The Supreme Court may take back the right of a defense attorney to cross-examine crime lab pros. 

Melendez-Diaz was just argued this summer.  (Interestingly, Massachusetts’ Martha Coakley argued on behalf of the prosecution – you can watch the oral arguments at Oyez.org.  Yes, this is the same Martha Coakley that is rumored to be losing her battle with Republican Scott Brown in tomorrow’s special election to fill Teddy Kennedy’s vacant Senate seat.)   

Well, the U.S. Supreme Court granted – and heard – oral argument in another case just last week:  Briscoe v. Virginia (07-11191).  Briscoe is a consolidation of two cases, and it was argued by the Virginia Solicitor General for the prosecution.  The two cases in Briscoe both dealt with ”certificates of analysis” from state crime labs without any forensic scientists taking the witness stand at the defendants’ trials.  At issue, can the prosecution present evidence of illegal drugs (which is what the certificates claimed were found) without calling the human beings who did the forensic testing? 

In these situations, criminal defense attorneys have to make a decision – should they stipulate to the certificates as being truthful, without questioning the lab techs?  Sometimes, this may be smart.  Sometimes, a good defense lawyer wants that crime lab tech on the stand.

What Will Happen to Melendez-Diaz now? 

There are critics who argue that Melendez-Diaz was a wrong decision, that it was decided too fast and without sufficient consideration of the expense and confusion that forcing forensic technicians out of their labs and into courtrooms would raise.  They’re excited that the Supreme Court will correct what they see as an error — particularly with Justice Sotomayor on the court now. 

However, there are a great many criminal defense attorneys that aren’t happy about these rumblings.  As Justice Scalia pointed out during last week’s Briscoe arguments, not putting those crime lab reports up for cross-examination is tantamount to “trial by affidavit.” 

Without examination, these untrustworthy crime lab results are merely “trial by affidavit.”

Look, there’s a reason to put a human on the stand in these situations.  Crime lab analysis is scientific in nature and there aren’t many scientists in the courtroom, usually.  Those pieces of paper that pop out of labs are already known to be unreliable, and defense attorneys MUST have the opportunity to have that crime lab technician or forensic scientist on the witness stand to explain what was done, and why the results are (or aren’t) accurate. 

We cannot bow to worship crime lab reports as inviolate.  Let us only hope that the United States Supreme Court uses Briscoe to support Melendez-Diaz, and not to erase the victory for justice that Melendez-Diaz represents.

January 13th, 2010

Can We Trust Texas Crime Labs? NO.

Many, many, many criminal defense attorneys in the State of Texas cast a wary eye at any test results coming out of crime labs in this state, because all too often, state forensic evidence has shown itself to be faulty.  Unlike the CSI shows on TV, all sorts of crazy stuff appears to happen in the real world of Texas forensic laboratories.

For example, just last month the Houston Chronicle reported that the fingerprint comparison unit of the Houston Police Department was being investigated for untrustworthy results, “shoddy” work, and a backlog of over 600 cases.  (We’ve already reported on how FINGERPRINTS just aren’t reliable anymore.) 

Forensic Lab Oversight Agency Efforts are Being Questioned

However, the media spotlight on the execution of an innocent man here in Texas, Cameron Todd Willingham, really fueled the fire — why wasn’t the “arson” evidence refuted as faulty back at trial time?  Suddenly, the little known Texas Forensic Science Commission (an agency established to oversee the state’s crime labs) was in the hot seat. 

And the Texas Forensic Science Commission doesn’t appear to like this much. 

Under the Texas Open Records Act, the news media can gain access to all public information held by the Texas Forensic Science Commission.  However, it’s been easier said than done since the FSC has used the lingo within that statute to try and hold onto its files, holding on hard.  The Fort Worth Star Telegram asked for information, and the FSC fought against turning stuff over to the paper. 

The Commission’s white-knuckled grip did get released a bit, after the Texas Attorney General (yep, the state’s highest attorney had to get involved) ruled that the FSC had to release some of the info that the newspaper requested, as it was indeed, “public” information.  The Fort Worth Star Telegram finally got a part of what it asked for — a week after the AG said they had to do it.

Forensic Science Commission’s Revelations Are Serious and Worrisome

What was included in the information that the FSC was forced to release?  Well, of immediate interest to those of us practicing in the Dallas area, the revelation that someone who used to work at the Southwestern Institute of Forensic Sciences was a whistleblower, telling the FSC all about faulty DNA analysis, tainted rape kits, and unreliable blood stock.  That’s right — bad forensics right here, at the Dallas crime lab.  

This is all very, very scary and should be concerning all of us.  Both the police and the state prosecutors as well as  juries and the public at large tend to bow down to Forensic Evidence as if it were, indeed, revelations from On High.  Don’t forget that the Austin Police are going so far as to use DNA evidence to track down burglars these days ….

What Can We Do?  Criminal Defense Lawyers Can Fight Back Now – Thanks to the United States Supreme Court

Meanwhile, the United States Supreme Court is getting involved.  As we’ve discussed, whether or not police lab experts can be cross-examined by criminal defense counsel was decided this summer in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009).  The highest court in the land opined that it is a violation of the Confrontation Clause of the Sixth Amendment not to allow the defense attorney to examine the forensic scientist who created the analysis or report that the state has placed into evidence.

Of course, this is far from enough to solve this problem — the ability to cross-examine forensic scientists on their analysis in the witness stand means an innocent defendant has already undergone investigation, arrest, and has been forced to trial in order to vindicate himself from bad science.   We need more. 

However, between the media’s efforts and a strong defense attorney there’s more hope now than ever before.  Certainly more now that there was years back, for Cameron Todd Willingham.

December 14th, 2009

Crime News: Now We Can’t Trust Fingerprint Evidence Anymore

One thing that we’ve all been conditioned to assume is solid as a rock is fingerprint evidence, right?  From today’s CSI shows to the old Dragnet series, we’ve seen the cops come into a TV crime scene with their little brushes and white (or black) powder and voila! the culprit is identified.

Well, brace yourself.  The Houston Chronicle is reporting today that fingerprint evidence cannot be trusted.  You read that right.

According to reporter Moises Mendoza, it begins with an audit undertaken recently by Houston Police which revealed that their PD’s fingerprint experts were failing to properly analyze fingerprints.  A more serious revelation:  sometimes, they just weren’t finding fingerprints at all.  In Mendoza’s words, they were “missing fingerprints completely.” 

The expose doesn’t stop with Houston. 

Fingerprint labs across the country simply are not reliable.  According to Mendoza’s report, a UCLA law professor with expertise in fingerprint issues opines that the problem is so widespread that “[e]verything needs to change.”

Given Mendoza’s examples of injustice and ineptitude from all over the country,  it’s chilling to think how truly unreliable fingerprint evidence really is in our courtrooms today. 

Consider the following:

1.  Fingerprint analysis is not an established discipline and it has few national standards to be used by all forensic labs for confirming fingerprints.  What the Houston Police may conclude is the fingerprint of Joe Smith may be taken to the same lab in Chicago and get a different result. 

2.  It’s possible that different people may have almost identical fingerprints.  The idea that we all have unique fingerprints is not as clearcut as television script writers would lead us to believe.  And there’s just not much research out there (or in process) to figure out how close two stranger’s fingerprints might be.  

3.  Fingerprint labs are not required to have the same accreditation as other types of scientific laboratories (like those that analyze DNA, for example).  Only 10 fingerprint labs in Texas have been certified (as ASCLD-LAB).

How did this story get discovered?

When the Houston Police Department fingerprint lab took steps to become accredited, its innerworkings came under scrutiny — and it’s when this doublechecking occurs that the true failure of fingerprint labs comes to light.  Apparently, police departments across this state and across the country are working away, “analyzing” fingerprints and turning over what amounts to balderdash as “evidence” used by cops and prosecutors to arrest and prosecute citizens who may well be innocent of any wrongdoing.

Meanwhile, over in Houston, there’s big things going on at the HPD lab.  First there was a fruit-basket turnover of lab workers, and now a bunch of consultants are handling the work of the fingerprint comparison unit.  According to the Chronicle, there are also plans for a review of 6,000 HPD violent crime cases going back two years to check the accuracy, or lack thereof, in the fingerprint evidence used to convict those individuals.

Where do we go from here?

The blanket of ineptitude covering this country shows that the American public cannot trust law enforcement to police itself and get its fingerprint expertise legitimated.  Periodically, the media steps up to the plate and reports on this travesty of justice — the Houston Chronicle has done so now, the New York Times did so back in 2001

The true burden of insuring that fingerprints aren’t allowed to be considered as reliable in Texas courtrooms and refuting the assumption that police labs are trustworthy must lie on the shoulders of the criminal defense bar. 

In each and every case, defense attorneys must question this fingerprint evidence, with a tip of the hat in gratitude to good reporters like Moises Mendoza who are educating the public at large (and future jurors) that what you see on TV is merely wishful thinking on the part of law enforcement.  (And the cool lighting with shnazzy background music in Horatio Cane’s Miami lab isn’t accurate either, by the way.)

Thank you, Mr. Mendoza.  We look forward to your next report in this (hopefully) growing story.

December 9th, 2009

Jail Watch: Criminal Network In Texas Dept of Criminal Justice System? Texas Rangers Investigate

Right now, one of the biggest news stories we’ve had in years may be breaking – if convicted rapist Arcade Joseph Comeaux is telling the truth.  Considering who’s giving his words some weight, looks like he just might be.

Huntsville Inmate Arcade Joseph Comeaux Escaped Last Week

Last week, Comeaux escaped as he was being transported by bus from the Huntsville prison to Beaumont, where he would be near to medical treatment facilities in Galveston for his purported stroke that had left him paralyzed. Comeaux – despite being handcuffed and shackled to his wheelchair – pulled a pistol on the two guards accompanying him, and after firing a warning shot, successfully ordered the two guards to handcuff themselves together, in the back of the bus.  Comeaux took their guns (he now had three), dressed himself in one of their uniforms, and walked away.  That’s right – walked.  He’d been conning everyone that he couldn’t use his legs, apparently pretty convincingly. 

National Media Coverage of The Big Bus Escape

Combine a record like Comeaux’s and the circumstances of his escape, and sure ’nuff you’ve got the national media hounds pouring into the state.  CNN detailed Comeaux’s 30 year prison record.  America’s Most Wanted acted fast, with Comeaux being a focus of their December 5th episode — six days after his escape.  Lots of questions were being asked about how this guy could free himself from the clutches of the Texas Department of Corrections. 

Comeaux got caught and now he’s squealing.

Freedom didn’t last long for Arcade Comeaux.  He was caught within two weeks of running – a salesman called in a tip to 911 about a strange man loitering in the lobby of a Houston business.  The Houston cops responded, and Comeaux was arrested and taken into custody without incident. 

According to media reports Comeaux was cold, wet, tired, hungry — and barefoot.  There were reports he was still wearing the duds he’d taken from the bus guard when he walked away on November 30th.  Even the New York Times reported on the capture.

After Capture, Comeaux Starts An Even Bigger NewsStory – He Had Help From the Inside

Lots of folk probably thought that the story ended in Houston when the manhunt was over.  Sounds reasonable, right?  But noooo.  Arcade had just began earning his plug (with a tip of the hat to Jay Leno). 

Comeaux met with a local community activist, Quanell X at the Montgomery County Sheriff’s Office and here’s where the Big Story begins. According to Arcade Comeaux, staff of the Texas Department of Criminal Justice got the gun to him that he used on the bus.  (Someone on the inside sold it to him, but the price hasn’t been reported.)  They helped Comeaux hide it there in his Huntsville cell until he got an opportunity to use it.  And, once he was on the lam, he got help from a criminal network connected to the prison system – staying in safehouses and the like. 

Comeaux told the activist that he was part of a group planning a larger escape, but he got antsy and decided to make a break for it himself.  (Riding that bus and getting nearer to a hospital team that might blow the whistle on his fake paralysis might have been a factor — but that hasn’t been substantiated.)

Oh, and Comeaux gave Quanell X names of those who helped him — identifying members of this Secret Network inside the TDCJ. 

Texas Department of Criminal Justice Responds – Comeaux Just Pulling Another Con

At the get-go, the  TDCJ Inspector General John Moriarty has stepped up to the plate and said that while all of this will be investigated,  it is his opinion that Comeaux is a liar.  Moriarty points to how he was wearing the same clothes for eight days as belaying the existence of any criminal network. 

But that doesn’t explain the gun that an inmate had on a prison bus.  It doesn’t explain how he faked being handicapped for all that time while in lock up, either. 

Enter the Texas Rangers, the Texas Legislature, and the Lt. Governor

This week, two Texas Rangers met with Arcade Comeaux.  So did State Senator John Whitmire (D-Houston), chairman of the Texas Senate’s Criminal Justice Committee.  

Senator Whitmire should be pretty interested in a full investigation of prison smuggling — as you’ll recall, it was State Senator John Whitmire who was threatened last year by a Texas Death Row inmate who was using a smuggled cellphone. 

Lt. Gov. David Dewhurst has formally requested that Whitmire’s committee hold hearings investigating how various items of contraband (including Arcade’s gun) get smuggled into these lock-down facilities.  Dewhurst has also requested legislative investigation into how Comeaux could con so many law enforcement officials that he was an invalid, needing a wheelchair.  (This is especially interesting since Dewhurst already has two year old video from the prison showing Comeaux could walk.)

Let’s all watch this story and see what happens.  Looks like this is just beginning and who knows how big this story may get ….

December 7th, 2009

Cop Watch: Two Independent Incidents of Local Cops Facing Assault Charges, Are Our Cops Dangerous?

While it may be the fodder for many a TV cop show, it’s also the basis of many an academic research study:  the behavior of police officers both on and off duty, and how their unique psychological situations may make them more prone to violent behavior.  Last week, we had two cops making the news for their off-hours exploits – misplaced aggression that put them over the line.

First, a Dallas cop was arrested last week over in Duncanville for misdemeanor assault based upon family violence.  This female police officer was allegedly involved in a domestic dispute with her husband and the Duncanville police not only were sent to her home, but arrested her for an assault charge that could carry one year’s imprisonment and a $4000 fine if she is convicted.  According to media reports, her husband had visible injuries and the arrest occurred only after both husband and wife were interviewed.  Officer Barbara Ann Chandler remains on the job with the Dallas Police Department as these charges progress in Duncanville; however, she’s on desk duty. 

Second, former Dallas cop Randy Anderson just get sentenced to 45 days in jail with 4 years probation (deferred adjudication) and a $1500 fine for an event that occured back in December 2007 involving country music singer Steve Holy.  A Dallas police officer at the time, Anderson was off duty and allegedly drinking with fellow off duty cop Paul Loughridge when things got messy.  (Loughridge is still awaiting trial.)  Seems Anderson, Holy, and some others were drinking festive beverages at Holy’s home after meeting up at a nearby bar, according to media reports, when Anderson demanded identification from Holy – who didn’t readily comply – resulting in Anderson drawing his weapon and pointing his gun at Holy.  Anderson was convicted for aggravated assault.  (Randy Anderson’s employment with the Dallas Police Department was terminated after the incident. )

This two stories are just from last week … but what are they telling us about off-duty cops being dangerous?

The domestic violence story regarding Dallas Police Officer Barbara Ann Chandler and the aggravated assault conviction of former Dallas cop Randy Anderson should be a rarity, right?  But they’re not. 

Cops themselves recognize the murkiness of that line between on-duty and off-duty behavior (see e.g., “12 Rules for Off Duty Conduct” by Lindsey Bertomen“) and law enforcement organizations study “…the impossible mandate of police work in a free society,” (see The Challenge of Selecting Tomorrow’s Police Officers from Generations X and Y by Francis McCafferty, M.D. in the Journal of the American Academy of Psychiatry and the Law). 

Do a quick Google search for “off duty cops dangerous” and read story after story in this country about police officers being very, very dangerous on their off-time. 

Perhaps the question isn’t if Dallas cops are dangerous, but if all cops that are off-duty should be considered powder kegs?  Imagine the wife of the Texas police chief who Tasered her at home last April would say “yes” to that question ….

November 23rd, 2009

Cop Watch: Suicide by Cop Happens in Texas – or Does It?

Today, the Texas Rangers are investigating the deaths of two young men who were killed by a policeman’s bullets.

A 28-year-old and a 30-year-old both killed by police gunfire in the past two weeks

The Rangers are involved in determining what happened in the shooting death of 28 year old Tabaris Brown in Childress, Texas, on Saturday as well as the shooting death of 30 year old Jaime Almaguer in New Braunfels two weeks ago.

The Death of Tabaris Brown

According to media reports, Brown died in a restaurant parking lot on US 287, where he stopped his vehicle after a chase with police. Exiting the vehicle, Brown is said to have had a gun in his hands according to at least one eyewitness who is not a cop — and that Brown raised his gun toward the officers. Ballistics is testing whether or not Brown fired his weapon at the police before they opened fire on Brown.   

The Rangers’ spokesman has told the media that their investigation has revealed at least one friend and one family member that substantiate the fact that Brown did travel with a loaded gun in his car.  (In case you were wondering about a plant. Good question, right?)

The Death of Jaime Almaguer

Newspapers across the state are monitoring the story of Jaime Almaguer, who was shot and killed by police while he was standing in the southbound lane of IH35 as the highway travels through New Braunfels.  Almaguer died on the freeway early on the morning of November 11th, and traffic headed toward San Antonio and Mexico-way was blocked from the roadway crime scene for much of that Wednesday. 

Almaguer was being sought by police for questioning in the death of his alleged girlfriend, Jennifer Trader, whose body had been found in her San Antonio apartment with a single gunshot wound to the head.  Law enforcement purportedly was about to give up their manhunt for Almaguer, when he was spotted walking along the IH35 access road  in New Braunfels. 

According to media reports, Almaguer had not only told relatives in New Braunfels that he had killed somebody in San Antonio, but he was also in communication with law enforcement as their manhunt progressed, and Almaguer is said to have told New Braunfels police that he was armed and he wanted a shootout with the cops. 

Where these two incidents of Suicide by Cop? The Texas Rangers Will Find Out ….

It is sad but true that there are occasions where individuals have lost their trust in the criminal justice system of this country to such a degree that they cannot fathom facing arrest and teaming with a criminal defense attorney to fight against the charges.  (Defense lawyers CAN help, but clients have to call, take that first step.)

Instead, these tragic souls decide to take a stand against law enforcement in a doomed scenario, where they are knowingly outmanned and outgunned.  These situations have come to be known as “suicide by cop.”

It is also sad but true that there are also occasions where individuals are killed by police and the shootout is labeled a “suicide by cop” to cover up an error of law enforcement, with a gun left convincingly close to the victim’s body.  Many are suspicious of events where the police kill individuals – especially when their loved ones’ deaths are then investigated by the police department’s internal affairs division.    A question can be raised regarding the rising trend of Suicide by Cop — is it real? 

The Texas Rangers are an independent organization, with a steady reputation of working with federal agencies as need be (we’ve posted about these joint efforts many times) to find and stop corruption within the Texas criminal justice system.  Based upon media reports, they have a plethora of potential evidence in the New Braunfels shooting: e.g., videotapes taken during the manhunt, audiotapes of the conversations that the suspect had with police prior to the shooting. 

Whether or not Almaguer’s death was a suicide by cop should be easily determined (and from media reports, it does appear to fit into the Suicide by Cop pattern – especially the taped admissions by the decedent that he wanted to engage in a shootout). 

However, the Childress killing does not appear to be so easily investigated.  Curious by its absence are any video or audio of the altercation between the police and Brown in that restaurant parking lot.  Those police car dashboard cams?  The cameras weren’t pointed in the right direction, says Childress Police Chief Reece Bowen, so they didn’t capture the event on tape.  And the audio? It wasn’t working.  Bowen says his equipment is old, and just wasn’t working.  That they’re a “poverty level police department.” 

Which makes it a bigger job for the Texas Rangers, doesn’t it?  Wonder what the media will be reporting about the gun found with Brown, and the story that its spent shell casings (if any) at the scene have to tell ….

November 16th, 2009

Crime Watch: Citizens Face Felony Charges While Illegals Get a Free Pass Thru Deportation

You’d think that someone who had been charged with a serious crime like murder or kidnapping here in Dallas County would have to set in a Texas jail cell until trial, if they couldn’t make bail.  And that would be true if they were a U.S. Citizen.

If they’re awaiting trial and they’re in this country illegally, then it’s an entirely different story. 

They get to go free – as long as federal immigration officials keep up their job of deporting illegal aliens.  The federal government just swoops into our county jails, gathers up those that aren’t citizens or without the proper papers to be here in the U.S.A., and transports them back to their home countries.   Where they are set free.

That’s right.  Free. 

And this isn’t anything new.  It’s been going on since 1991.  Media coverage doesn’t give a head count, but apparently this has been going on for a long time, all over the country.  The Dallas Morning News references a study among prosecutors that over 1000 defendants charged with serious felonies have been released via deportation, but there’s no details given on these statistics. 

And, yes, there’s been some attempts to change things – but they haven’t been successful.   Back in the Spring of 2009, New Jersey Congressman Rodney Frelinghuysen introduced a bill that would prevent illegal aliens from being deported before their criminal case had been resolved.  Apparently, that bill didn’t get far. 

So, right now if you’re an illegal alien charged with a serious felony and setting in the Dallas County Jail, calling Immigration might be a real smart move.  Because quite frankly, even the best criminal defense attorney in the State of Texas can’t top this “get out of jail” free card.  

November 12th, 2009

Cop Watch: Dallas Police Chief Resigns With Public Accolades While Dallas Morning News Reporters Tell a Different Story

It’s all over the news today that Dallas Police Chief David Kunkle is quitting his job as Head Cop for our fair city — and lots of folk are speaking out about what a great job he’s done for the community. 

His resignation letter has been published in the media, and it includes a litany of successes that Chief Kunkle points to with pride.   Dallas City Manager Mary Suhm has been quoted as explaining that Chief Kunkle wants to “term limit” himself, under the belief that there is a “shelf life” to the job. 

Dallas Mayor Pro Tem Dwaine Caraway calls Kunkle’s resignation a “loss to Dallas.”   Media reports in Dallas and Houston point to a record over the past five years where the crime rate was reduced “radically.” 

Which brings us to Tanya Eiserer and Steve Thompson. 

Eiserer and Thompson are two reporters working at the Dallas Morning News, and they have a story to tell.  The Dallas Morning News is reporting that these two truth-seekers have discovered that Chief Kunkle’s crime reporting has been questionable. 

Specifically, stories by Eiserer and Thompson have been published in the Dallas Morning News detailing that (1) the deparment was not counting all car burglary reports in its official tallies (published in September 2009) and (2) the department for many years has been recording complaints of attempted burglary as simple vandalism (published in November 2009).  Those, of course, are two different animals — and importantly, the reporters point out that doing this creative categorization goes against federal guidelines, to boot. 

This morning, the Dallas Morning News is asking if the real reason that Chief Kunkle is resigning without any new position lined up — remember now, he’s purportedly had a long term plan to “term limit” himself according to Suhm — is due in part to the efforts of Eiserer and Thompson.   And, we all remember just last month, when the Chief got a lot of bad press on a national scale when it was revealed that his officers were fining drivers who could not speak English. 

Curious, isn’t it?  Gotta wonder if another shoe is about to fall ….