Archive for the ‘Crime News’ Category

October 17th, 2012

Texas DPS Labs Bottlenecked So They Aren’t Testing for Misdemeanor BAC or Drug Evidence (K2, Salvia, Spice, etc.) Now – Unless a DA Specifically Requests It.

The Texas Department of Public Safety (DPS) did not get much media brouhaha over a recent change in its operating procedures, but something has changed in the way that DPS does things that will impact many, many Texans (and others) who are charged with misdemeanors involving blood alcohol or drug testing.

In the past, the DPS Crime Laboratories would take and test any blood alcohol and drug evidence that was submitted to it, regardless of whether or not the stuff was being used to convict someone for a misdemeanor or a felony.

No more.

In a letter dated August 6, 2012, Pat Johnson, the Deputy Assistant Director, LES Division of the Crime Laboratory Service for the Texas Department of Public Safety sent out a notice to all of DPS’s “law enforcement partners,” explaining that as of September 1, 2012, the thirteen (13) DPS Laboratories:

“…would like to prioritize our analysis on controlled substance evidence likely to be categorized as a felony offense. There is no change from the current manner of submission on felony cases. For controlled substance evidence likely to be categorized as a misdemeanor offense – possession of Marihuana under four ounces, synthetic cannabinoid materials (K-2, Spice, etc) under four ounces, identifiable dangerous drugs, etc – the crime laboratories would like to receive and analyze this evidence only when the prosecutor needs a laboratory report to prosecute the case. Law enforcement agencies are requested to hold these misdemeanor cases and submit them to the laboratory only when such a request is made by the prosecutor.”

DPS Crime Labs Overwhelmed So They Are Nixing Misdemeanor Evidence Testing Unless Prosecutor Specifically Requests It

What DPS has done is try and get a handle on the overload of demand for testing that it has been facing, in what DPS claims is a temporary fix to deal with a huge bottleneck in the Crime Labs’ workload.   According to a story that did appear in the Lubbock Avalanche-Journal, DPS had a 500 percent (500%) jump in requests for BAC (blood alcohol content) testing over the past six years and there’s been a big jump in requests for testing drug evidence over the years as the newer, synthetic marijuana products have grown in popularity.

DPS has drawn its line in the sand between felony cases and misdemeanor ones.

You can read the DPS Letter that was sent out to all its “law enforcement partners” online here.

What are these synthetic marijuana products?

Around 18 months ago, Texas passed a law that made synthetic cannabis illegal (other states like Florida have also done this). Last year, the Texas Department of State Health Services specifically placed five (5) synthetic cannabinoid substances in Schedule I of the Texas Schedules of Controlled Substances, including K2, Salvia, and Spice, making it illegal to manufacture, distribute, possess and sell these substances.  Texas law sets the penalties for the manufacture, sale or possession of these synthetics, or fake marijuana, as Class A or B misdemeanors.

That doesn’t mean that they are not still being used in Dallas and elsewhere around the world.   After all, it is still sold online – there are even websites dedicated specifically to the sale of Spice, etc., as “herbal incense.”  Synthetic marijuana isn’t the real thing, i.e., the marijuana plant, but instead it is an alternative made of herbs that are sprayed with chemicals to be used in lieu of the real thing. It goes by various names like K2, JWH-018, JWH-250, Black Mamba, Bliss, Blaze, Bombay Blue, Fake Weed, Genie, Moon Rocks, Salvia, Skunk, Spice, Yucatan Fire, and Zohai.

September 26th, 2012

Houston Police Officer Shoots Wheelchair-bound, Double Amputee in Head: FBI Investigates, World Watches

Texas justice is once again making international news coverage – in a bad way – as this week’s tragic shooting by an experienced Houston police officer makes its way around the world and as things continue to escalate in the Houston area.  It all started last Saturday night, when Houston Police responded to a domestic disturbance call at a group home shortly after midnight (1:30 a.m.).  It ended with an unarmed, mentally ill, double amputee dead in his wheelchair.  Or maybe it’s not ended yet: protests have begun in Harris County, and word is the FBI is on the job, looking into what has happened here.

What’s a group home? It’s a residence within a local community where people who aren’t related by blood or marriage, but who share common needs — like being disabled, or mentally challenged, live together. Actually, under Texas law these are designated as “community homes” while “group homes” are those dedicated to foster kids.

What happened? According to news reports, things obviously went from bad to the worst possible scenario, as the final result was the police officer shooting the double amputee to death. Yes, Brian Claunch was killed even though he could not stand or walk or do much harm to anyone, given the fact that he was not ambulatory, having only ONE arm and ONE leg, setting there in a wheelchair.

Mr. Claunch was extremely upset and loud that night — a man diagnosed with bipolar disorder and schizophrenia, he became infuriated when he wasn’t given a cigarette and a soda after he asked the caretaker for them.  When the police officers went into the home to assess things, they found the man in his wheelchair, swinging something – they could not tell what it was at the time – in a “threatening manner” (according to Jodi Silva, Houston Police Department spokesperson).

Claunch didn’t turn over the mystery object even though the cops asked him to put it down, the story goes, and feeling himself trapped in the corner of a room by the wheelchair bound man, Houston police officer Matthew Marin shot Brian Claunch in the head.  Police coverage of the episode is that the man appeared to be trying to stab the officer with the object, and was getting “within an inch to a foot” of the officer when the officer decided to shoot his weapon.

Afterwards, they found out that Brian Claunch was holding a PEN. (He liked to draw and usually had one with him, according to the lady who ran the home.)

So, a cop with five years on the job goes into a community home and is so terrified that he may die that he shoots a mentally ill man with one arm and one leg, setting in his wheelchair waving a pen around, in the HEAD.

Here’s the official version of events from the Houston Police Department, issued as a news release on September 24, 2012:

HPD Homicide Division Sergeant J. Burton and Officer M. Brady reported:

Officers responded to a disturbance at the above residence, the Healing Hands Assisted Home Care, a residence for mentally challenged persons.  When officers arrived, they encountered the suspect, seated in a wheelchair.  The  suspect was agitated and began to yell at the officers and threatened to kill them and the other residents of the home.  As he yelled at the officers, he waved a shiny object in his hand in their direction.  The suspect refused the officers’ verbal commands to drop the object and advanced in a threatening manner toward one of the officers.  As the suspect backed one of the officers into a corner, he attempted to stab the officer with the object.  Officer Marin, fearing for his partner’s life, and his own safety, discharged his duty weapon one time, striking the suspect.  The object was discovered to be a shiny, ball point pen.

It’s since been revealed by the Houston Chronicle that Houston Police Department officer Matthew Marin has a prior incident on his record where he shot someone else — three years ago.

First response by the Houston Police Department: a public statement that included the information that Internal Affairs is supposed to be investigating what happened and initially, Officer Marin was moved to three days of desk duty.

However, people are understandably upset by this and the story keeps spreading.

Protests — including the Black Panthers group — were happening in front of City Hall by the following TuesdayEditorials were printed.  The story has spread to places like Kansas; MontanaToronto, Canada; England; and Italy.

Two days after the shooting, the Houston Police Chief issued this news release:

September 24, 2012 – On Saturday, September 22, 2012, officers from the Houston Police Department responded to a call for service involving a disturbance with a violent person at 4309 Polk Street.  During the response to the incident, an officer discharged his firearm resulting in the death of a citizen, Brian C. Claunch.

The Houston Police Department places the highest value on human life and events like these are tragic and unfortunate for everyone involved.  All Houston Police Officers receive mandatory crisis intervention training specifically dealing with persons experiencing mental crisis.  As we do in all instances of this nature, the Houston Police Department’s Homicide and Internal Affairs Divisions, and the Harris County District Attorneys Office, Civil Rights Division, are investigating this incident.

In addition, I have also asked the local office of the Federal Bureau of Investigation (FBI) to monitor and investigate this incident.  As I have done throughout my tenure as Police Chief, to the extent I can, the Houston Police Department will be open and transparent in all aspects of our response to this tragic event.

It is my desire to have everyone reserve judgment until all the facts and evidence in this investigation have been gathered.

-Charles A. McClelland, Jr.
Chief of Police

That’s right:  as the Police Chief stated – and as covered by places like the New York Times, the FBI is in Houston now, to investigate what happened in that group home last weekend, when things turned very wrong after a man in a wheelchair, crippled by severe mental illness, was denied a coke and a cigarette on a Saturday night.

September 19th, 2012

Texas Police Officer Arrests 77 Year Old Grandma After Traffic Stop: You Be the Judge – It’s All on Caught on Police Cam

A few weeks ago, here in Texas, a 77-year old grandma was driving home from church when she was pulled over by the police.  Apparently, the officer had her doing 66 mph in a 55 mph speed limit, so he pulled her over.

She told the officer that she really needed to use the bathroom — and anyone with a senior grandma or grandpa knows that sometimes, these things can’t wait — and the police officer just IGNORES her and DRAGS her out of her car.

Arrests her.

Handcuffs Grandma.

She’s 77. He’s ridiculous.

And, yes. This was all caught on video — the cop had a camera on his uniform as well as a dashcam in his patrol car. Watch it for yourself, and you decide what should be done to this police officer (the Keene Police Department has done nothing, its representative has told the media that the officer acted within department policy guidelines.)

On the continuum between Sheriff Andy Taylor and Deputy Barney Fife, where does this guy go?

And where would Grandma be right now, if there weren’t these cameras on the dashboard and his uniform?  Think about that.

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.

July 25th, 2012

Houston Police Bust Woman Whose Cardboard Sign Warns Drivers of Speed Trap Ahead: Police Pocketbook vs Free Speech?

How often on the Texas roads you’ve driven have you seen motorists on the other side of the road or highway, traveling in the opposite direction, flashing their lights at you or simply driving in the daytime with their headlights on?  You slow down, don’t you – because you know that for many Texans, this is a friendly warning that you’re driving into a speed trap.

Or how often have you chatted with friends or been warned by relatives to drive carefully on a particular section of roadway because it’s a known speed trap?  Who hasn’t heard about Selma, Texas, and its reputation as a speed trap on Interstate 35?  Selma’s reputation as a speed trap even made its way into a well-known country song by Steve Earle (Guitar Town).

In Florida this spring, a judge ruled that flashing headlights to warn of a speed trap is protected free speech under the U.S. Constitution. (Read about the case here.)

So, it seems rather surprising that a woman riding a bike along a  Texas roadway, who stopped and wrote a sign on some cardboard warning drivers that there was a speed trap up ahead got in  so much trouble.  But she did.

Natalie Plummer was arrested earlier this month by Houston police because she was waving her cardboard sign warning of the speed trap.  Now, she’s mounted a defense – arguing that her constitutional right to free speech allowed her to do this.  An argument that the Florida court seemed to find acceptable by the way.

Meanwhile, Natalie Plummer has made both the national and international news because of her speed trap sign arrest:

Natalie Plummer spent 12 hours in jail – that’s right – behind BARS because she was waving this sign on a downtown Houston street. And what did the cops arrest her for?  Not for waiving the sign.  Nope.

They arrested her because she was standing in the street when there was a sidewalk available (a misdemeanor under Texas law).

Sure, that’s a crime.  This is a criminal, right? Well, something criminal seems to be going on down in The Bayou City.  Consider this:

  • In September 2011,  MyFoxHouston reported that their investigations revealed that Houston police were writing more traffic tickets in order to get more revenue into the police coffers.
  • In March 2012, national new coverage was following a study done by the National Motorists Association, which found that the City of Houston had more speed traps than any other city in the country: a total of 373 speed traps.
June 20th, 2012

Will Dallas Municipal Judges Be Booted From the Bench Because They Don’t Bring in Enough Fine Money to the City Coffers? Maybe.

Dallas isn’t immune to the national economic slump and those in the City of Dallas staff offices seem to looking everywhere for more money. Which is good, as long as they’re finding ways to be more efficient and productive with city budget money – but here’s the thing: in a recent Dallas city council meeting, staffers criticized Dallas municipal court judges because revenue-wise, the municipal courts weren’t bringing in as much money as the City of Dallas staff folk thought the municipal courts should bring in.

If you are wondering why a court, any court, should be considered a profit-center, you are not alone.

City of Dallas Staff Numbers

Seems that the staffers pointed out that there wasn’t enough money collected in the latest “warrant roundup,” and this boiled down to only 893 people busted in the Dallas roundup and an “average revenue per case of only $41.49… ” for Dallas (places like Austin are getting $60.26) in Class C misdemeanors. The staffers complained to the Council that the Dallas municipal court judges were almost always (96%) letting folk off with “time served” instead of pushing fines on them.

According to the staffers, during the last Dallas warrant roundup it cost the city $71,000 to make the roundup arrests for approximately $538,000 outstanding Class C misdemeanors.  The Dallas municipal court judges fined a total of $20,360 in the round-up and as of last week, only $2187 had been collected out of the fines that had been assessed. (Seems a lot of the judges were figuring that time spent in a Dallas jail for a Class C misdemeanor counted a lot toward adequate punishment, and that’s why there were not more fines being issued from the bench.)

Council Is Deciding on Who Sets on Municipal Court Benches Right Now – Will Money Talk?

Right now, the big thing about all this fine revenue business is that the Dallas City Council is currently in the process of deciding who presides in the 11 full time and 18 part time municipal judicial slots.   Their deadline is August 30, 2012: if the Council doesn’t make changes by then, the current judges stay in their jobs for another two years.

So, the City staffers are pushing this money issue as a factor in who sets on the Dallas municipal court benches.  And the independence of judges is at issue here.

Adminstrative Judge Responds – It’s About Justice Not Profits

Meanwhile, Administrative Judge Victor Lander isn’t setting back being silent here.  He went to the media, and pointed out the following:

1.  The judges were not invited to tell their side of the story to the Council.

2.  Courts are not in place as profit-making centers: they exist to dispense justice.

3.  Prosecutors are involved here, too — and the district attorney’s recommendation for time served usually forms the basis of the judge’s decision.

4.  Making judges meet a financial quota or forcing a revenue incentive on a court is beneath us all and will only result in Kangaroo Courts.

5.  There’s a bigger problem here regarding these warrants: police officers often fail to show up at municipal court to give needed testimony; another problem, all too often someone with outstanding warrants isn’t arrested when they are pulled over by the Dallas police.

For more of Judge Lander’s take on things, go here.

To learn more about warrants, and what happens when you have an outstanding warrant for your arrest, read about them on our Resources page.

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.

April 25th, 2012

Texas Police Surveillance: Cameras Are Watching You While Police DashCams Aren’t Watching the Police As Much (Because the Cops Don’t Like the Discipline Results)

Technological advances are being used by law enforcement, they always have been.  Watch old movies or classic television shows and you can see innovations in communications and monitoring devices making their way into police departments and law enforcement agencies.  It’s to be expected, right?

So, no one should be very surprised to learn that lots of surveillance gizmos are going to be watching people without their knowledge at the Main St. Fort Worth Arts Festival this month. They’ve got cameras operated by the police department, the water utility, and  the public works department along with other branches of law enforcement. They even have police officers on the ground wired with their own little surveillance devices.

In fact, reports are that the City of Fort Worth alone has spent over $30 million in the past seven years on surveillance stuff.  Thirty Million Dollars.

There are plans for Fort Worth (and this goes for other law enforcement agencies, too – Fort Worth isn’t a maverick here) to connect its camera network with other surveillance networks.  Places like hospitals, campuses, and the like will soon all web together so that you and other members of the public can all be monitored.

Without your being aware of being watched.  Feel safer?

Of course, Fort Worth police are not taking any bows: they claim they’re just doing what most every metropolitan police department is doing – pointing to surveillance monitoring already in use at the Texas Motor Speedway and the Dallas Cowboys Stadium.  Surveillance is just the next step in crime fighting.

Don’t worry about your civil rights, they say.  The police just want to keep everyone safe.

Camera Monitoring of Police Officers Is Halted:  Dallas Cops Being Disciplined Too Much

Meanwhile, over at the Dallas Police Department, there’s been some changes to their camera surveillance too:  seems that Dallas police officers complained so much about having the cameras on them that the Dallas Police Department have STOPPED MONITORING OF the videocams that have been recording the actions of police officers on the job.

You know, police videocams that catch bad acts like this one.

Seems that the police officers have won their argument that these pesky dash-cams in their patrol cars are resulting in too many disciplinary actions being filed against them.

The Irony in Texas:  Public Gets Watched More While the Police Get Watched Less

So, here in Texas right now we’ve got more cameras being put up everywhere — without the public being informed where the cameras are located or who is watching them through those cameras (and for what reason) — at the same time that cameras placed in police cars are being slammed as capturing too much bad stuff and cops aren’t happy at being disciplined for things like speeding or turning off their video cams during pursuits or officer-assist calls.

Ironic, isn’t it?  There’s more.

Austin Audio Captures Cop Killing Cisco the Dog

Consider this:  in Austin there was a recent incident where an Austin Police Department squad car pulled up to a man’s home while the man was in his backyard, playing Frisbee with his dog, a blue heeler named Cisco.  The police officer got out of his car, and when he approached the man, Cisco – as any good dog would – ran to bark at the stranger.

The cop shot the dog.  That’s right.  Shot Cisco. It was caught on audiotape (don’t know if there is a video).  The man can be heard crying out, “why have you shot my dog?”  to which the cop continued to point his gun at the man.

Now, problems abound here not the least of which is that the cop HAD THE WRONG ADDRESS. He was trying to track down a suspect but the man in this story was a total innocent.

Think about this story the next time you’re out in your back yard, playing with your kids or your pets.  Think about the audio-cam being the only thing in the Austin story to support the innocent citizen’s claims of what the heck happened that afternoon.

Read the comments to this newstory of the event and learn what other Austinites think about their law enforcement – how much they trust their police officers.   (Not much.) Or just join the growing number of folk who are demanding Justice for Cisco.

>And then think some more about the irony that while they are aiming more camera lens at you, they’re not watching the cops as much now, because the cops don’t like it.

January 11th, 2012

Someone Did Very Bad Things, But Texas Prosecutor in Morton Case Claims It’s Morton Attorneys Who Are Guilty of Misconduct. Really?

Back in October 2011, the Texas Court of Criminal Appeals issued its opinion in the case of Michael Morton, releasing Mr. Morton as a free man – due in no small part to the unflagging efforts of the Innocence Project.  For details on that case, and to read the court’s opinion, check out our earlier post.

Prosecutor Points Finger at Lawyers Acting For Michael Morton of Underhanded Dealings

Two days ago, the prosecutor at Michael Morton’s criminal trial, former Williamson County Prosecutor Ken Anderson, filed his official brief in the formal court record where he claims that Mr. Morton’s attorneys have acted in a down and dirty manner in their accusations against Anderson.

According to Anderson’s brief, the Morton attorneys have lied, they’ve not been fully forthcoming with known facts, and they’ve spun their description of what is in the trial court transcripts and evidence filings. That’s right:  Morton’s DNA proved him innocent, and now Anderson is another victim of injustice.

Anderson is claiming that Morton’s lawyers zipped past the line of zealous representation into evildoing here, all in order to accuse Anderson, as the prosecutor, of holding back evidence that if introduced at trial might well have meant Morton, as an innocent man, would not have been unjustly incarcerated.

Judge Sid Harle and the Court of Inquiry

Ken Anderson didn’t throw the first punch here; his brief with its exhibits is filed in response to a report presented to the Honorable Sid Harle, a district court judge out of San Antonio who was appointed by Texas Supreme Court Chief Justice Wallace Jefferson to preside over The State of Texas v. Michael Morton.  The report was filed by Michael Morton’s lawyers, and within the report were allegations that Ken Anderson, while a Williamson County prosecutor in the Morton criminal trial, undertook actions that necessitate a Court of Inquiry under the Texas Code of Criminal Procedure.

If Judge Harle goes forward with the inquiry, it will be a Major Big Deal – these things just don’t happen very often (read that EVER).  Experts are calling the fact that Morton’s even requesting the darn thing an “extraordinary legal event.

As for what was hidden at trial and for which the Morton attorneys are requesting Harle to investigate the prosecution’s action, read our earlier post detailing the evidence that never made it to the criminal trial courtroom.   Smells real fishy, doesn’t it?

Gets worse: after Morton was freed, investigations into possible prosecutorial misconduct heated up and among other things, as reported to Judge Harle in the December 19, 2011, request for a formal inquiry, Ken Anderson reportedly did sneaky stuff like moving to bar Morton’s son from testifying at trial, and also taking steps to keep the defense from getting ahold of an investigator’s notes.

Read the entire Anderson brief online here.

As for the likelihood that this thing – this Court of Inquiry – is going to have a real life, check out Grits for Breakfast’s take on thingsOne of Grits‘ good points — if a Texas judge and a Texas prosecutor can be having an affair during a murder trial and not get disciplined in any way for it, even the United States Supreme Court did nothing, then who’s taking bets on this case?

To recollect that love story, read our post here.

December 28th, 2011

Texas Cops Shooting Citizens All Over the State This Month: Excessive Force? Overstressed Officers? Three Dead From Police-Issued Bullets.

Texas law enforcement is getting lots of media attention this month, as police officers all across the state have used their officially issued weapons to kill citizens.  Excessive force?  You make the call:

Houston Police Officer Shoots Man to Death on Christmas Night – Witnesses Tell Different Story From Official Police Version

In Houston, a news story is bubbling up about a Houston police officer that is on administrative leave while the Powers that Be investigate how and why Curtis Hampton — a veteran Houston cop, with 13 years on the force — shot a man to death on the side of the road on Christmas Night (December 26).   Seems that the man was speeding along in his car, crashed into another vehicle, and then plowed into a ditch.  The official report out of Houston is that there was a struggle between the man and the cop as the man was being escorted to the patrol car, and the gun was used because the officer “feared for his life.”

However, there were witnesses to the killing – people who initially became interested in what was happening because they heard the car crash – and they are reporting that the officer overreacted.  No big fight, no imminent threat of harm.

Corpus Christi Killing by Cop’s Gun Getting National Attention

The national news is monitoring a story out of Corpus Christi, where a police officer took his pistol and hunted down his common law wife – finding her huddling inside a closet at her mother’s home – shooting her to death.  Seems the officer was employed by the police department of Alice, Texas, and instead of going to work his shift that Monday morning, Jose Gonzales III opted to dress in his Alice Police Department uniform, arm himself both with Alice Police Department pistols and rifles and then start his trek to track down his estranged wife.  Leslie Morin was shot multiple times in front of her mother and her children by the Alice cop.

Then, Officer Gonzales went back home, taking his son with him.  Around an hour later, he was arrested without incident.

Last Night, Dallas Cop Shoots and Kills Passenger in Car

Here in Dallas, on December 28, 2011, a man was shot to death by a Dallas Police Officer as he sat in a car. According to the Dallas cop, the shooting was necessary because the passenger was reaching for a pistol, there in the car, so the police officer feared for his life and shot the passenger. Details are still coming out, but it seems that a neighbor called the cops because of a “suspicious vehicle” parked in the area, and when the police officer pulled up to check out the car, the shooting occurred.