Archive for the ‘Crime News’ Category

August 19th, 2009

Crime News: Scientific Study Reveals that DNA Evidence Can Be Faked

Israel has just set the world to spinning — again.  This time, it’s due to a new study released by scientists in Tel Aviv, where they confirm that DNA evidence can be fabricated.  Messed with.  Altered.  

Just what exactly can be done here in faking DNA?

How serious and wide-spread the repercussions are to this news is still being considered.  You see, these scientists didn’t just write some high-flautin’ research paper here.  They did actual, physical demonstrations where they did two things:

  1. They created brand new samples of both blood and saliva that had the same DNA as Person B, while they got their original blood and spit samples from Person A.  
  2. They showed how they could look up someone’s DNA profile in a database, and using that info they could then (presto-chango!) create a DNA sample of that exact same DNA … all the while never having any real, human tissue from the person whose DNA profile they had read on the screen.

What does this mean to criminal evidence in our judicial system?

There’s already some talk about not to worry — how many criminals have scientific knowledge or means to do this sort of thing?  From a criminal defense perspective, that’s missing the mark. 

What the real concern here is the misuse of this new info by those with the means and the know-how:  the lab rats working for an overzealous prosecutor who think that they’re somehow doing the right thing by just cooking up a little DNA to make a weak case stronger.

And if you don’t think that state attorneys have fabricated evidence, then you need to educate yourself on the realities of life today in this country.

July 27th, 2009

Crime News: Texas Police Get More Power to Control You

Effective this September 1st, about six weeks from now, two laws are going into effect that could have a big impact on your freedom. They give lots of power to Texas law enforcement in their dealings with the public — and if you’ve been following this blog and the antics of Texas cops these days, these new tidbits of legislation should really give you pause.

First one: The Cops Can Arrest You if You Don’t Evacuate Your Home on Their Order – The Lemming Law

That’s right. Starting 09/01/09, cops are allowed to use “reasonable force” on anyone in this state that doesn’t meekly abide by an evacuation order — you know, those orders to leave town because a fire is coming, or a tornado, or a hurricane. Remember all those stalled highways in Houston with everyone in a panic trying to escape a disaster that never happened? Well, now the cops can add to this ARRESTING anyone who doesn’t jump on the bandwagon …. (more…)

July 22nd, 2009

Crime News: Paris TX Protests and the Pending Death Penalty for Hate Crime Law

Perhaps you’ve seen some of the news reports from Paris, Texas, about simultaneous demonstrations planned by the New Black Panther Party and the Ku Klux Klan after murder charges were dropped by the authorities against the two white men accused of killing a black man by running him over by a truck and then dragging him. The Nation of Islam and the Concerned Citizens for Racial Equality were also rumored to be attending. (more…)

June 22nd, 2009

Cop Watch: Harlingen Cop Fatally Shoots Man in the Back, Juan Angel Guerra On the Case

Down Harlingen way, it was cold back in January so Diego Rivas-Soto started a fire under the Highway 77 overpass to keep warm. Rivas-Soto was a Mexican national, with family living in Durango. He was here, looking for work.

Drawn by the fire, the police showed up. Rivas-Soto was obviously frightened, and according to the police version of events, pulled a knife. So they shot him.

Rivas-Soto was shot in the back.

Now, the autopsy reports are in — and more of the story has come to light. Rivas-Soto was fatally shot by a police shotgun blast.

And he was shot in the back. This has been confirmed by the Medical Examiner.

Was he a terrorist or a drug trafficker? Nope. He was just a guy without enough cash to pay for a room on a cold night. In fact, Rivas-Soto was a husband and father, only 41 years old when he died. He had left his wife and five children in their home of San Juan del Rio, a hamlet outside of Durango, Mexico, to get some kind of work in Texas.

Juan Guerra Representing the Family

Juan Angel Guerra is representing the family, and he’s working hard on the case. He’s using his past experience as a 3-term district attorney to question the actions of the Harlingen police department and current district attorney’s office, and he’s already released a copy of the autopsy reports to the news media.

According to Guerra, Riva-Soto was shot in the back twice, and he was shot after he was already down on the ground. Guerra appears to be very suspicious – even incredulous – of the official police version of events, and he’s taking his concerns to the media.

You’ll remember Mr. Guerra.

Last fall, we posted about Mr. Guerra’s charging then Vice-President Dick Cheney, and others, with responsibility for abuses in privately-run Texas prisons, and about the suspicious nature of his last campaign for a fourth term as district attorney of Willacy County where some were of the opinion that Guerra had been the victim of some manipulative tactics to get him out of office.

I’m sure we’ll be hearing more about the untimely death of Diego Rivas-Soto. And Juan Guerra.

Sources:

KRGV
http://www.krgv.com/news/local/story/Family-Of-Man-Shot-By-Police-File-Lawsuit/aiBZo2TZ9kab2AfJM_BXCg.cspx

The Monitor
http://www.themonitor.com/articles/shot-27789-attorney-suggests.html

May 27th, 2009

Crime News: 20th Dallas County DNA Exoneration Walks Free Today

Today, Jerry Lee Evans will walk out of a Dallas courtroom a free man, at the age of 47, after spending 23 years behind bars for a crime he did not commit.

What Happened to Put The Wrong Man Behind Bars This Time?

Back in 1986, an 18-year-old woman in her first year at SMU was abducted and raped, at knifepoint, in the Deep Ellum district of Dallas. Jerry Lee Evans was picked up, and not only did he match the description given by the victim, he also had a similar speech impediment.

Now, prosecutors are explaining away their error by pointing the finger at the cops who questioned the teenaged rape victim. According to the head of the District Attorney’s conviction integrity unit, man by the name of Mike Ware, Dallas cops had the girl look over a 6-picture photo spread.

No idea how long after the crime was committed that this occurred, or the state of the victim, emotionally or physically. At any rate, when they did this, they “were leading and encouraging” her to pick Jerry Lee Evans out of the 6 photo lineup in front of her. After she went along, Ware explained, the policeman were then “enthusiastically encouraging” to her. Good job. Right. Can’t you just hear the “little lady” in there, somewhere?

DNA Exonerations: Jerry Evans is Number 20 for Dallas County

Jerry Lee Evans earns a small place in local history today, as the 20th innocent man to be exonerated by DNA in Dallas County, which is particularly interesting because Dallas County, Texas, has had more than DNA exonerations any other jurisdiction in the nation since the State of Texas started to allow post-conviction DNA testing.

Congratulations to Mr. Evans and his family today.

May 18th, 2009

Cop Watch: Galveston County Cops Use Taser and Man Dies

The news reports are still somewhat sketchy at this point, but on Sunday night a man was obviously under the influence of something — drugs or alcohol — and some cops in Galveston County tried to bust him.

It happened in La Marque. It wasn’t that late — just a bit after nine o’clock last night. Media reports are that someone called the cops, complaining about this guy acting loopy.

LaMarque Cops Taser the Guy and He Dies

When the police found him, the guy was rolling around in a ditch near the intersection of Main and Lake. According to news reports, when local cops tried to bust him he fought back, and some cop decided to use the Taser.

So, the loopy guy got Tasered and that’s all we know. Except that apparently, things took a serious toll because the next thing we know at this point is that the man was taken to Mainland General Hospital — where he died.

Investigation of the Policemen Involved in this Incident Already Begun

The four cops at the scene have been placed on desk duty until an investigation is completed. According to the media, none of them have any serious injuries, but there may be an admission that they were checked out at the hospital, as well, last night.

Remember the Wedding Last March? Galveston Cops Already Have a National Reputation for Excessive Force

Last March, we posted about the wedding where Houston Astros pitcher Brandon Backe got busted in a ruckus at a wedding reception where there’s video of the Galveston cops using a stun gun on the father of the bride.

Remember the Police Chief last month who Tasered His Own Wife?

And, in April, we wrote about the Oakwood Police Chief who used a Taser on his own wife. Yep, his own wife.

Does anyone see a theme here? Maybe Texas legislators need to investigate a possible state-wide problem of Taser-happy cops?

Sources:

Houston Chronicle
http://www.chron.com/disp/story.mpl/front/6429054.html

My Fox – Houston
http://www.myfoxhouston.com/dpp/news/local/090518_la_marque_police_death

ABC13
http://abclocal.go.com/ktrk/story?section=news/local&id=6818024

May 6th, 2009

Cop Watch: Head of DPS Suddenly Resigns After He’s Accused of Sexual Harassment and Unprofessional Conduct

What was Col. Stanley E. Clark possibly thinking when he was blowing kisses to female employees, touching them inappropriately, and calling one veteran employee “his girl”? Sometimes, you just gotta shake your head and wonder.

Here’s the story of how 60 year old Col. Clark made some really stupid choices.

The Texas Department of Public Safety is a big deal here in Texas. DPS issues all motor vehicle licenses for the State of Texas and it regulates all the motor vehicles in the State. Everyone residing and driving on Texas roads today (legally) has been okayed by DPS to do so.

DPS is the State’s Law Enforcement Agency, Responsible for Curtailing Drug Trafficking and Organized Crime Across the State

DPS is also responsible for statewide law enforcement. It’s the state cop agency.

The DPS Criminal Law Enforcement Division has a big job here in Texas, because it is the agency assigned the big job of dealing with drug trafficking and organized crime across the state. That’s a very, very big deal these days.

DPS also has a huge crime lab, which helps out other law enforcement agencies across the state. (How well it does this is a different post, for a different day.)

DPS is home to the Texas Rangers

And, DPS is home to the Texas Highway Patrol as well as the internationally known Texas Rangers. You know, the modern-day versions of Lonesome Dove’s Woodrow Call and Gus McCrae.

So, you get the idea. The Texas Department of Public Safety is one big, giganto deal to be assigned the job of overseeing. Big Kahuna time.

Once in a Lifetime Opportunity

And, when the Governor’s Mansion burned down last fall, the head of DPS retired and an interim director got to step up to the plate. That guy was Col. Stanley Clark, 60 years old, and here he was: running the Top Cop Shop in Texas.

Wow.

Here was a guy who was a lifer — he’d started as a highway patrolman 36 years ago, and risen through the ranks. A real American success story.

Now, less than a year after Clark got the Big New Job, a bunch of female employees have all filed statements against him, and characterizing Col. Clark has gone from a vision of John Wayne in The Comancheros to Jackie Gleason in Smokey and the Bandit.

Legislative Review of the Department of Public Safety

So, what happens now? Perhaps Col. Clark retires to his home in East Texas. Who knows who gets the Top Cop job next — but it’s already in the works that an Inspector General may be named, who would report any oversights within the agency to the Texas Legislature. And, there’s talk of a major overhaul of the entire DPS organization.

With Justice Keller and now Col. Clark, what IS the state of Texas criminal law today?

Sources:

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-dps_05tex.ART.State.Edition2.4a5a490.html

Houston Chronicle
http://www.chron.com/disp/story.mpl/front/6409776.html

April 29th, 2009

DA Watch: Houston DA Getting Ready to Try Really, Really Old Homicide Cases

There’s lots of news today regarding the spreading of swine flu around the world, along with statewide coverage of Justice Sharon Keller’s pending impeachment by the Texas Legislature and the death of longtime Tarrant District Attorney Tim Curry, who recently lost his battle with cancer.

So, it’s interesting that this UPI story isn’t getting more coverage.

Apparently, over in Harris County, there are cases dating back to 1970 that are open homicide matters, but they’ve never been tried.

That’s right. Defendants have been arrested and told they’re going to be tried for murder. And then the clock stops. They’re in limbo. And, according to press reports, there are over 600 of them.

What about the Constitutional Guarantee of a Speedy Trial?

Well, of course, the Constitution does guarantee that defendants do have the right to a speedy trial. However, there are many defense reasons why that right isn’t exercised.

Say you want your speedy trial, and you’ve got a really short time frame to gather your defense evidence — all your witnesses, your experts, your lab results, … you get the idea. In this day and age, sometimes asserting the right to a speedy trial isn’t in the defendant’s best interests when it comes to fully preparing a proper defense.

What Happens to these Defendants?

Well, Houston DA Pat Lycos has ordered her people to set up some kind of system to try and track these defendants down, so Harris County can have criminal trials for crimes that have occurred as long as 38 years ago.

Don’t you remember what you were doing back in 1970? Let’s see.

  • Simon & Garfunkel had the number one hit song on Billboard with “Bridge over Troubled Water.”
  • “Patton” won the Best Picture Oscar that year.
  • The Beatles gave their last live performance that year, and announced they were breaking up.
  • The first New York City marathon was run.
  • The Vietnam War was still raging.
  • The Chevy Vega and the Ford Pinto were introduced.
  • Richard Nixon was President; Barack Obama was 9 years old.

Yeah. No evidence problem here.

Sources:

UPI
http://www.upi.com/Top_News/2009/04/26/Texas-county-behind-on-homicide-cases/UPI-55981240771675/

Wikipedia – 1970
http://en.wikipedia.org/wiki/1970

April 27th, 2009

Crime News: In the Real World, You Cannot Trust the Lab Results of CSI

You know you’ve watched more CSI episodes than you should.

There’s CSI in Vegas, and CSI in Miami, and CSI in New York. And they’re all intertwined with the police department (think Horatio drawing his gun in almost every episode) – and on the screen, it’s all good. The bad guys get caught. Gil and Sara live happily ever after in the jungle. You finally think of Gary Sinise as someone other than Lt. Dan.

In Real Life, It’s Not Like the TV Shows

But in real life, it’s very dangerous to have the crime lab intertwined with the police department. In fact, it’s causing real harm and innocent people are being hurt while the guilty go free.

Example of Errors at the Houston Crime Lab: Gary Richard’s Case

Just last Friday, both prosecutors and defense counsel agreed that new lab tests confirmed that a Houston Police Department crime lab analyst intentionally lied at the trial of Gary Richard and did not report on evidence that was beneficial to the defense.

Gary Alvin Richard, now in his mid-50s, is serving a life sentence for the 1987 attack and rape of a Harris County nursing student – but his claims of innocence may now be respected, since this new evidence of a biased crime lab has come to light. Richard was convicted almost 100% on the blood-typing evidence from the Houston Police Department crime lab.

Richard will be out on bond

This week, there will be an agreed motion presented to the judge in Richard’s case, asking that he be released on bond while everyone tries to get to the truth in this case.

Richard’s Case is not a Fluke

Even lab techs are human, you may think. There will be human error in a crime lab. And, that’s true. The potential for human error must always be considered anytime humans are involved.

But there’s more than an innocent mistake here. The Richard case was an intentional misleading of the jury. That’s not disputed.

And, this isn’t the only example of the Houston crime lab results being scewed to support the prosecution’s case. The Houston Crime Lab is notoriously biased.

Reputation of the Houston Crime Lab is That the Lab is Biased

Assuming that Gary Richard is cleared, he will be the 4th Houston defendant in the past two years cleared of charges after being convicted because of the Houston crime lab’s erroneous blood typing evidence.

Back in the Fall of 2007, DNA evidence cleared Ron Taylor of a rape charge (the Houston lab’s tests of bodily fluids in that case were shown to be wrong). Taylor’s case first revealed the crack in the Houston Crime Lab’s system, and as of today’s date, 160 cases (in addition to Richard’s) are being reviewed by an independent investigator.

Sources:

Houston Chronicle
http://www.chron.com/disp/story.mpl/ap/tx/6392132.html

USA Today
http://blogs.usatoday.com/oped/2009/04/real-life-csi-rife-with-conflicts-of-interest.html

Houston Observer
http://blogs.houstonpress.com/hairballs/2009/04/dna_crime_lab_raby.php

February 25th, 2009

Cop Watch: Atlanta Cops Gun Down 92 Yr Old Kathryn Johnson and Get 5 – 10 Yrs Prison Time

Kathryn Johnson was 92 years old, and still able to live in her own home over there in Atlanta.

From this small fact we know that Mrs. Johnson had to have taken pretty darn good care of herself – physically, financially – in order to avoid nursing homes, or worse.

So, we’re respecting Kathryn Johnson right now, right? We’re thinking – boy, when I’m 92 years old, I want to be living on my own, doing my own thing. You Go Girl! Right?

Sure we are. We like and respect Mrs. Kathryn Johnson. Look at that sweet face.

Kathryn Johnson – 92 Yr Old Steel Magnolia Pulls a Rusty Pistol to Stop a Home Invasion

Well, here’s one more fact about Mrs. Kathryn Johnson for you: when she heard someone trying to get in her front door back in November 2006, she pulled out a rusty old pistol she had in the house, and fired one shot through the front door – high, where it would go over their heads.

After all, Mrs. Johnson didn’t live in the best of neighborhoods — she lived in downtown Atlanta, where there was crime and where home invasions occur. Old Mrs. Johnson was ready for them.

And, right after she took that shot, THIRTY-NINE shots came back at her, through her home’s front door. That’s right: 39.

Kathryn Johnson was hit with five of those bullets, and died there in her front entryway.

Who killed Kathryn Johnson?


We’re upset now, right? Our sweet, strong and sassy Mrs. Kathryn Johnson lies shot – dead – in her own home, a woman who deserved the utmost of dignified passings?

You bet we’re upset. And, it’s gonna get worse now: because three Atlanta cops have admitted that they were the ones who snuck up to the home of Mrs. Kathryn Johnson and without so much as a by-your-leave, killed her.

Illegal No-Knock Search – it was an invasion of her home

That’s because they got an illegal no-knock search warrant for her house, and started breaking in her door without giving her any warning. No wonder she thought that her home was being invaded: it was.

Cop stuffs marijuana that he conveniently has with him in Mrs. Johnson’s house to cover up

And, after these bad cops discovered that they had done a Very Bad Thing, one of them (officer Smith) planted marijuana in her home to try and support their defense that this was a drug house. Right. (I’m wondering where Officer Smith had such a ready source of pot to just grab and toss into Mrs. Johnson’s home, aren’t you?)

What’s Their Story? They had a quota to meet (I kid you not)

Sure, they’ve got one. These cops have said it’s not their fault because the whole Atlanta Police Department is just so, so bad that it is really to blame.

You see, they had quotas to meet (9 arrests, 2 search warrants a month) or they risked being transferred. They just had to meet these performance quotas.

And, apparently, at the Atlanta Police Department, officers routinely lied about things, breaking all sorts of rules. So, they just went along with the practice. To meet their quota.

  • One example – they’d do “handoffs” where one cop would lie in an affidavit that he personally knew all this stuff, when all he had was a story from another cop about it.
  • Another one – they’d split drugs taken in one case, and use part of them as evidence in another.

Sentenced in Federal Court, Awaiting Sentencing in State Court

Well, quota-schmota. These five cops just got sentenced to a range of 5 to 10 years in federal prison, and they’ve still got to face sentencing in state court on state law charges.

Officers Smith and Junnier have expressed remorse. Smith says that he prays for Mrs. Johnson daily, and Junnier hopes that other cops will have more backbone than he did. Junnier is quoted in the Atlanta paper as saying “I used to think I was a good person.”

That’s what corrupt institutions do -they corrupt the people within them.

And, now as we consider the loss of Mrs. Kathryn Johnson, perhaps the only solace we can take from this story is that Mrs. Johnson’s death was quick, and that Mrs. Johnson’s death was not in vain.

Because from her death, Kathryn Johnson has brought a national spotlight upon a corrupt police department where investigations continue and other arrests by both federal and state authorities have been, and will continue to be made.

And somehow, I think Mrs. Kathryn Johnson would be mighty proud of that.

Bless your heart and rest in peace, ma’am.

Sources:

Atlanta Journal Constitution

http://www.ajc.com/metro/content/metro/atlanta/stories/2009/02/23/johnston_sentencing.html?cxntlid=homepage_tab_newstab

CNN.com
http://edition.cnn.com/2009/CRIME/02/23/atlanta.police.sentencing/