An insider's view of what is really happening in the Harris County Criminal Courts
Monday, December 19, 2011
A "Must Read" from Mark Bennett
Anyone with even a passing interest in the hearing on the Motion to Compel Rachel Palmer's testimony today in the 185th really needs to read Bennett's post today. Go there by clicking here.
This means you media types, too.
69 comments:
Anonymous
said...
Today's hearing should be interesting but it will be surprising if the issues are actually resolved at the hearing. Part of Rachel's motive may well be an attempt to slow the Grand Jury's progress down in hope they will lose their authority after December 31st. It will be interesting to see whether Leitner will assert his 5th privilege when he appears this week. There is definitely a "circle the wagons" mentality going on at the 6th floor as they swill down that Lykos KoolAid hoping to protect their Dear Leader.
Mr. Bennett's post was awesome. Thank you for putting the link on here. I appreciate the information he provided, it gives us non-lawyer types a deeper understanding of this issue. I usually spend a lot of time looking up stuff in case law, that sucks. Especially, when you have to use a little college library. Then, ugh, you have to use your brain to figure it out. So thank you again.
The grand juries will be extended into the new year if they aren't done and there's not a damn thing the Lykos crew can do to stop that from happening.
It appears Lykos et al is trying to do everything they can to delay the work of the Grand Jury. What do they have to hide? I thought this was the administration that returned the word integrity to the DA's office.
Mark is very smart, but I must be missing something in his analysis. The Butterfield decision he references cites to several Supreme Court decisions that clearly say a person compelled to testify under the protection of an immunity agreement can still be prosecuted for perjury. "The Supreme Court has clearly stated that the Fifth Amendment provides no protection for the commission of perjury and confers no privilege to lie" Butterfield 992 SW2d 448, 451.
Perhaps I misread Mark's post, so my apologies if that is the case.
To: Jigmeister. Denial of a motion to recuse is appealable only for abuse of discretion following a final judgment. In this instance a final judgment would apparently occur after a witness was compelled to give testimony and did so or was held in contempt. A grant of a motion to recuse is not appealable. See Tex.R.Civ.Proc. 18a (j)(1)(A)(B).
Delay tactics and a waste of resources for the hearing in Judge Bennetts court.
And to answer the question posed, No, there is an appeal same as for a final judgment, but since it is final, no interlocutory appeal is available. I would imagine that the Lykos crew will exhaust every opportunity they can to have to testify. It's one thing to lie to Commisioner's Court, yet another to lie to a Grand Jury.
The meeting Friday afternoon on the 6th floor must have been a sight to behold. They circled the wagons behind closed doors and got their stories straight, for sure.
Judge Bennett is a damn good judge. Even if he is from Ennis.
Mark Bennett didn't add anything but case citations--immunity is immunity. Big deal. That's her motive, and I've been saying it from the start. She has nothing to lose by taking the 5th, because whether offered or ordered, she gets immunity.
I wonder how Rachel will report her time on county timesheet. Is she able to earn comp-time for the hours spent preparing for today's hearing?
Techincally, this surrounds her "job" as a prosecutor and county employee.
And, who is holding her fort down while she deals with this. Who is organizing the misdemeanor troops and making sure there is enough cake for the next misdemeanor training?
3:03 p.m., you raise a good point. Leitner, Bridgwater (can I have a vote please?) and anyone else who is hanging around the courtroom to hear what is happening are NOT on Harris County business. They are on personal business trying to help their own personally-hired defense attorneys get them out of a bind. They ought to be using their own comp or vacation time. BTW, where is Pat Lykos hiding out while this is going on?
This whole procedure initiated by Palmer's Dream Team is a huge waste of time of the court. It is an attempt to politicize the Grand Jury function. What a great example of the type of "leadership" by members of the DA's Office.
Rage, I'm not sure what you're trying say, but so it is clear, the United States Supreme Court has said that immunity isn't going to immunize an individual for perjury. See Apfelbaum, 445 US 115; Wong, 431 US 174; Kastigar, 406 US 441; Smith, 70 SW3d 848; Butterfield (the case cited by Bennett and Anon 11:19).
Simply put, if you perjor yourself you can be prosecuted for perjury, even if you have use immunity. You would have to have transactional immunity to wiggle out of perjury.
Yes, for perjury while you have immunity. But not for a past act of perjury. If you have immunity, and they confirm your previous illegal activity, they cannot use it against you.
Ask Ollie North.
So, the reason she would want immunity now is to keep from being prosecuted if they decide to go after her for her past statements. Once she has immunity, she can sing like a bird.
This is not some unique thing that only (or even many) criminal lawyers know.
Have we definitely answered why she can claim the fifth if she is not the target?
Ie. a witness who saw a murder? I recognize that this involves far more shades of gray than my example but......
And I may be completely ignorant, but what does the fact that Clint said he'd advise them to take the fifth, and that Newman has written about RP on his blog have anything to do with whether or not Judge Brown should be recused? Why do we care if a political hack like Don Hooper is trying to solicit people to run against the Browns? Why would he want pictures of Newman? Because he was going to prove that Newman was there? Newman admitted he was there, hell, he was writing about it. I am absolutely disgusted with all this political grand standing. It totally appears to be a delay tactic. And it seems to be working. That civil judge must have a different concept of relevancy that I do.
Have we definitely answered why she can claim the fifth if she is not the target?
Until we know all the facts, no.
what does the fact that Clint said he'd advise them to take the fifth
I don't know who Clint is, but I was wondering this too.
and that Newman has written about RP on his blog have anything to do with whether or not Judge Brown should be recused?
Murray's writings aren't relevant, but the opponent is. They're trying to make it look like Brown is retaliating against RP because RP's husband is looking for an opponent against Brown.
Why do we care if a political hack like Don Hooper is trying to solicit people to run against the Browns?
We don't. But this is as close as they get to getting Brown to recuse herself. And I don't think it's close enough.
Why would he want pictures of Newman?
Masturbation material. Duh.
And it seems to be working. That civil judge must have a different concept of relevancy that I do.
Say what you want about a lot of judges, but Judge Bennett is a sharp guy. He was an excellent lawyer, and he is a careful, thoughtful, and very smart judge. I have won and lost in his courtroom, and always know exactly why and usually agree.
He is doing what a lot of civil judges do. If you give the whiny side everything they want, they have no reason to appeal. If he was to close down their questioning and arguments, they would have the argument that he erred because he refused to listen to all of the evidence. In Jefferson County, I often get all of my objections granted because the judges know the juries are going to kick my ass anyway. In Harris county, Plaintiff's lawyers often get the same treatment, because the defense-oriented conservative juries here usually close them down. But because we each got all of our objections granted, there is rarely anything to appeal.
This whole exhibition is solely for the purpose of playing to the press and public to convince people that there is a conspiracy in place seeking to take Lykos down politically and cover up her potential criminal acts. In reality, it shows how Rachel Palmer,as a pawn of Lykos, reflects the dysfunctional state of the DA's management. How embarrassing for the honorable people who struggle to work there. Let the Grand Jury do their work and ferret out the truth.
Clint Greenwood is another prosecutor. I would guess that he was speaking off the cuff that he'd take the fifth, or that he would Leitner and Bridgewater to take the fifth. What does that matter?
Who are the next witnesses? Is it Leitner and Bridgwater? What happened to John Jordan's association with these issues? And why, oh, why, does the Upper Administration feel that they are entitled to meet and discuss these issues?! Most people that I know in a similar situation they would be doing everything possible to try and remain above reproach. Not those on the sixth floor. They appear to be blatantly fortifying their position, and despite all warnings, completely ignoring the blatant fact that these proceedings are secret and their integrity should be respected.
Whatever happened to the contempt hearing regarding the transcripts they supposedly had possession of? Those transcripts they believed they were entitled too..... Again completely ignoring those secrecy admonitions. Hey, it's all the same thing as everyone getting their stories straight. Sickening. They will probably all take the fifth.....
Oh my.... This is like a train wreck...... I can't stop refreshing Too bad Newman doesn't get anything for all the refreshing going on over at 1201 Franklin....
What is really sad is all the good people at the DA's office are forgotten. It's all politics. It does not matter who suffers so long as Lykos and crew get what the want. Justice be damned.... Most of the prosecutors are just working. Head down. Saying please let this be over...
Does anyone know where Pat Lykos is? Ted Oberg said on the news that they haven't gotten a response to their request for comment from her for the last couple of days and it doesn't seem like anyone has seen her since this all started.
I don't understand why the media isn't more on top of this. With the exception of Channel 13, none of today's happenings are being reported on. It seems like this would be big news no matter which side you choose to believe.
Oberg reported that Palmer had a list of political donations the grand jurors made to prove they were conspiring against her. Forgive the stupid question but I'm a paralegal, not a lawyer, and have never worked in criminal law - does Palmer get a list of the grand jurors because she's been subpoenaed? I thought their identities were supposed to be protected?
Would really love to hear a summary of what happened today, Murray. But would understand why you might just let it go fearing that somehow it will find its way into this hearing. From your tweats sounds like a real circus. "hi rachael" is the reason for the recusal motion and apparently the reason for taking 5? Mitchum must really be.shaking his head and wondering what he got into. I guess we have to wait for the real revelations from Clint. Cob
I saw coverage on the proceedings on channel 11 at noon today, maybe they will have more tonight at 10, but from what 6:49 says, it sounds like Ted Oberg over at 13 has the best coverage asking the obvious quetions, where is the DA? Also, a non-lawyer type here, is there a chance this could go Federal?
Rage - if Rachel is compelled to testify because she is given immunity, and she testifies differently in a material way, she can be prosecuted for perjury. Basic law. See every Supreme Court case on the issue since Kastigar.
What an absolute mockery Rachel Palmer is making out of the District Attorney's Office!! So sad! So, so very sad!! Jim, pull your head out and jump ship while you can. Have you no respect for yourself? You used to be thought of as an honorable man. You were an honorable man. Are you still? For you to have to be subject to questions from a grand jury and the media about a nothing, nobody, political hack like Rachel Palmer is soooooo beneath you. Clint, wherever you are, I suggest returning with your resignation in hand and take Jim back with you to the honorable practice of law. Get the heck out of that nut house on the 6th floor. Seriously, gentlemen, your reputations are in the hands of Pat Lykos, Hannah Chow, Lance Long and Rachel Palmer. Who cares what Roger does...he's had too much kool-aid for too long and is beyond repair. Jim!! Clint!! Wake up!! Get the heck out of there!!!!
Gotta love Rachel's testimony. "The fix is in." A vast conspiracy between the judge. And grand jurors. And special prosecutor. And HPOU. And Oberg. And others running for DA. And bailiffs. And Murray. And all other DA employees. And Elvis, the Tooth Fairy, Santa and the Dali Lama. Everyone on Earth is against you Rachel. One vast, highly organized conspiracy. Well ... That or your arrogance has finally caught up with you. Nah. Must be the conspiracy.
I never cease to be amazed at the lack of credible news coverage by the Chronicle on this story. Finally found a convoluted article buried in the back of the Chronicle's website. Brian Rogers took his article from last week and spliced in a little information about today's hearing without ever explaining how the Motion to Recuse Judge Susan Brown found its way to a Civil Court. As I understood, Rachel Palmer and her husband testified in open court today. Sure would have been nice to hear what they had to say from a reporter if he was in the courtroom. Were it not for Murray, no one would have a clue what is happening. Thanks Murray!
PS: The "fix is in" all right, but its between Lykos and the Chronicle.
A commenter asked " why isnt there other news media's reporting this? It's because they see what is taking place! It's an all out attempt by two hand fulls of individuals that are trying to muddy the water and get their boy elected. The grand Jury is being lead by Brown, whom has close friends sitting on the grand jury. The Grand Jury Foreman is attached to the LoneStar College, who;s contract was cancelled by the County. We the voting citizens see what is taking place and its very apparent what they are doing. PAT LYKOS is doing a good job, and will get our support.
Most of us involved in the CJC world have a definite opinion on Rachel Palmer. I would say that most prosecutors and defense attorneys do not care for her, think she is all out for political gain, not smart, and is conniving and vicious. Now, I direct my comment to those that have found this blog my other means, or don't know all the players personally....
Can she seriously believe that making this many allegations of all of those people out to get her, will get people to look the other way and see her as a victim? So poor, poor pitiful her? Like a country music song? It's a conspiracy? Or really, all those people just see her for what she is?
I wonder what David Mitcham honestly thinks about all this? Did he bite off more than he can chew? Not in terms of his talent but in terms of what a mess this is? Do he charge enough? Or anything? I have seen some men initially been oblivious to RP's behavior towards other women, or anyone junior to her, so I have to wonder. Someone on the blog commented on how she treats administerial staff..... Just flat out wrong and extremely elitist. Most prosecutors believe they are on one big team. It's just her, Don Hooper, Lykos and Jim.
And does Rachel Palmer think the fix is in because the woman that she would go down swinging to protect hasn't been seen. Judge Lykos hasn't even popped her head in to lend moral support to RP? RP probably justifies that is what has to be done, politically.
Someone, who is that bearded guy next to Palmer on the Channel 13 news clip? Don Hooper?
I cringe when I hear the news call RP a top ranking DA. Anyway, so RP has been "battling this for two years? She is tired of it?". The bat van allegations regarding intoxilyzers did not start two years ago. That was the main stream opposition to seeing a person like her ever wear a robe. Her race for county court 13. That is, to my knowledge, the only bench she has run for. Rumor was that she got pissed at a defense attorney for changing his support from her, to her challenger, Judge Don Smyth, whom said defense attorney had been in the DA's office together, and Judge Smyth had almost three times the legal experience that RP had. Yet she was appalled and rude to said defense attorney.
Androphy, legal analyst, said some of her theory that people are out to get her may be true. Think about it....don't you judge your coworkers based on interactions with them? Tangible qualities? So, then yes, lots of people believe she is a mockery as an ADA, and certainly someone associated with making decisions for the HCDAO. She was placed in that position, over misdemeanor.....as a felony level two. She could not be trusted in trial, ie. polygraph issues, and she really shouldn't be supervising others (I,e. doesn't play well with subordinates). What does all this translate too? You give someone a lot of power, it goes to their head. I suspect a lot of folks didn't like RP because of reasons stated above, but now, thanks to her motion to recuse, she firmly places herself in Judge Lykos' hip pocket. She confirmed what all suspected...... Ugh, all this makes my head hurt. The public is not paying attention.
rachel palmer invoking the fifth!? Sweet! Karma comes around at last! I did an intern stint with the harris co DA a few years ago during an ill-advised sojourn in law school. Worked with this lady. And this palmer...shudder! What a piece of work she is! Perfect example of a DA personality type.
nice to see karma get its licks in at last. What goes around, comes around. How sweet it is!
Old dog here - freezing my tail off. 27 degrees and snowing. 4 hour difference. I tried, and I tried to stay away but this train wreck...well you get the point.
For your morning pleasure I send this one to all the "gang" in the 185th for a bright new day: - if the shoe fits:
Rolling Stones » You Can't Always Get What You Want Lyrics
I saw her today at a reception A glass of wine in her hand I knew she would meet her connection At her feet was her footloose man
No, you can't always get what you want; You can't always get what you want You can't always get what you want And if you try sometime you find You get what you need
And I went down to the demonstration To get my fair share of abuse Singing, "We're gonna vent our frustration If we don't we're gonna blow a 50-amp fuse" Sing it to me now...
You can't always get what you want You can't always get what you want You can't always get what you want But if you try sometimes well you just might find You get what you need Oh baby, yeah, yeah!
I went down to the Chelsea drugstore To get your prescription filled I was standing in line with Mr. Jimmy And man, did he look pretty ill We decided that we would have a soda My favorite flavor, cherry red I sung my song to Mr. Jimmy Yeah, and he said one word to me, and that was "dead" I said to him
You can't always get what you want, no! You can't always get what you want (tell ya baby) You can't always get what you want (no) But if you try sometimes you just might find - You get what you need Oh yes! Woo! You get what you need--yeah, oh baby! Oh yeah!
I saw her today at the reception In her glass was a bleeding man She was practiced at the art of deception - Well I could tell by her blood-stained hands
You can't always get what you want You can't always get what you want You can't always get what you want But if you try sometimes you just might find You just might find You get what you need!_________________________________ Random Thoughts:
1) Recusal: Waaa, Waa, Waa, welcome to the NFL and if you gonna call this a political witch hunt just remember - You would know! 2) Time sheets: Work of course. They ARE doing their jobs by Lycos standards; 3) Remember all those vehicular homicide that got dismissed even after one guy plead after killing an elderly couple? You sow the wind, So Now you reap the whirlwind! 4) NO ONE IS ENTITLED TO A PERFECT TRIAL or G, J, INVESTIGATION. Regardless of HOW this G.J. investigation came to be - does it mean there ain't nothin to investigate. If it makes you feel better: Even a power stopped broken watch is correct at least twice a day. And I'd pretty much say for a "sworn to seek justice and not merely convict prosecutor" to take the 5th - THAT clock just got new batteries. Ms. Palmer you should have been fired the moment that came out PERIOD! Imagine one of the "outsiders taking the 5th a year ago, or two, of three years? Yippie-yi-kie-ya...MF! Is what they would be told as being escorted out of the building. 5) Narcisstic people don't like perp walks - even ones that aren’t but look it once the defense counsel certifies it with a misstatement. 6) 5th, schmith, with...who cares? No prosecutor wishes to seek justice on themselves! 7) One more thing. After the Spring thaw up here a kid comes around and does the whole "Rover's leftovers" thing picking up frozen "K-9 organics". I think I'm gonna send him down there to just keep scooping up around the floor - oops sorry. He doesn't do haughty - CHICKEN SHIT!
Old Dog goin under the quilts....Cozy....! Love, love, love.
Lykos is hiding in her office and will not come out. Olberg asks questions and you know that is not appropriate. Just loved Palmer talking to Olberg like he is a six year old child.
Why Greenwood is an important witness:(cue the Mission Impossible music) Greenwood, code name Joe six pack (not talking abs) with camouflage face paint, HALOed into the Mount's neighborhood, crawling on his stomach for hours he discovers Jim Mount lives down the street from Mary Jane Smith, the truth about Judge Carter and who was on the grassy knoll. When called by Palmer's attorneys, he asserts his fifth amendment privilege and files a Motion to Recuse Judge Bennett.
Wait a minute, did I say Judge Bennett and isn't there a Mark Bennett .... looks like another conspiracy out to get Palmer.
If this were happening under any other elected DA, the Houston Chronicle would have the front page plaster with photos of the elected and would be calling for their head. Not going to happen. Another conspiracy but unfortunately a conspiracy of silence.
I don’t think it helps any to post these comments calling people names. Some of the posts just sound silly. I know people are just blowing off steam, but this isn’t the place to do it. Sorry if I hurt anyone’s feelings, but if we want to be taken seriously, we need to be serious. We all know that the media, people in the criminal justice system, and most of our co-workers read this blog. The theme: We want to be treated like professionals. How can we expect people to do that if we don’t act like professionals? I encourage people to post more about specific, legitimate issues.
I am someone who is not important in the office. I’ve been around for about 25 years. If I retired, maybe 10 people would come to my retirement party. I’m not a “rock star ADA.” I’m not even in the popular crowd. I’m just a person who does my work. My work isn’t my life, though I am very dedicated. So – here’s a view from a regular person to the media and the public:
Notice what ISN’T:
- There are no letters to the editor or the media from HCDA employees standing up for our current administration.
- At Judge Lykos’ fundraisers, you might see 5 current HCDA employees. We are NOT invited and even if we were, I doubt many would come.
- We aren’t allowed to call the elected DA, “Pat.” On her website it says, “About Pat…” We have to call her “Judge.” Yes, we get the message. If you give money, you’re her friend. If you work for her, you’re her subordinate.
- There isn’t anyone from our office at these hearings supporting our current administration. If we believed they were being bullied, don’t you know we’d be there in droves?
- Our names are not in the public website. In past administrations, division chiefs’ names were listed on the website, along with their pictures. We get it – we are faceless, nameless, interchangeable parts.
- If you work here, you know that there is little discourse. Decisions are made capriciously, in private, and without input. In the past, if I disagreed with a policy, I knew I could make my point all the way to the top (and I have). Not now. Now, we understand it isn’t our place. If we hadn’t learned by the time Donna Goode was treated so horribly, we learned then. Shut up or leave.
Some in the current administration (or those outside the office who STILL believe that Judge Lykos is here to “clean-up” a corrupt office) will paint me as a disgruntled Holmes holdover. I assure you I am not. I am a regular person who does his work to the best of his ability.
The bottom line is this: A leader isn’t merely someone who has authority over people. A leader is someone who inspires loyalty and earns respect. Judge Lykos absolutely has authority, but she is not a leader. Even if you believe that she has cleaned-up a corrupt office, that we’re just a bunch of constitution-ignoring hooligans, wouldn’t you think that after three years, she’d have built solid relationships with people? Even the most loyal Pat supporters, should question that fact that after three years, she has not endeared herself to more than a handful of people.
It sure sounds like this blog site should be sent to someone at fox news. National would work. Hmm, who would be the best person to contact there. Any thoughts on that, anyone? Can you see Bill Oreilly talking to Lycos? The questions he could ask after reading this blog. Too damn funny.
To the employee's of Lycos, there is hope that it will be better soon. After all, it is the season. My heart and prayers are with you daily.
Empathy is a good motivator. I have lived exactly where you are today. I quit three years shy of retirement because of the strain. About 4 months later both of the jerks were demoted from Captain back to Lt. The Chief had to retire. Justice will come.
Has anyone seen Patsy? I need her to approve my transfer to the Carpathian before a defining, historic event occurs.
Its so cold on the bridge (6th floor). First Mate, Jimmy Boy, is limping down the hall with his law enforcement badge proudly showing. Just wonder what is going through his mind?
Jimmy, how about getting on the office intercom system and proudly state, "I am jumping from this ship before it goes down." Before you plead the 5th of course.
Murray, Well done on the twitter feeds keeping everyone abreast of what is going on with this hearing and at the CJC in general. Keep up the good work; I enjoy reading your blog. As a former prosecutor from this office, I find this story absolutely fascinating while at the same time very embarrassing.
Not a fan of Palmer,by any means,but it would have looked better if different lawyers were picked to be special prosecutors. There are to many connections between Judge,them,and Mike Anderson.Makes the whole thing look bad to the public.GONE AND GLAD
I suspect that I write for many former unnamed Harris County prosecutors who were honored to have served under Carol Vance and Johnny Holmes in observing that in less than three years the Harris County District Attorney's Office, under Lykos and the inner circle, has been transformed from a once proud and nationally respected District Attorney Ofice into what might fairly be described as a cesspool. I sympathize with those "troops" in the trenches. Although the Rosenthal incidents cast a shadow and were an embarrassment, those incidents pale in comparison to the incidents under Lykos and the alleged "transparency" which Lykos claimed to have brought to the office. One need look no further than the asserted need for the instant recusal hearing and also wherein there apparently was testimony to the effect that all prosecutors should invoke the 5th if called to testify as evidence of that "transparency." Alas, however, if a conspiracy is to exist as claimed at this hearing,that conspiracy seemingly exists between the current administration and the media and not those claimed. Calvin A. Hartmann
Anon 9:00 Which looks worst, the appointment of the attorneys pro tem or Jim Lietner losing the primary, saying he would not endorse either Lykos or Siegler but then saying he would vote for Lykos and after the run off is named first assistant in salary only. How about Lietner bringing his good friend Steve Morris and Clint Greenwood to the office in high paying supervision positions. How about Lykos bringing her friends Chow and Barnhill in a high paying supervision position, How about Lykos hiring Shadwick and Strange and paying above starting salary for both. I don't believe a single one of these people were qualified to be hired for the position they currently find themselves. And I have not even talked about the promotions and raises under Lykos. And then who are the big Lykos supporters, Don Hooper and Gary Polland. Hooper, well enough said and Pollard whose entire practice appears to be based on court appointments. Look up how much he makes on the public dole.
Falkenburg got it right this morning. Good for you Lisa, I am just surprised your editor allowed your column to be printed.
As the saying goes, "sometimes when you lose you really when" Palmer has won by having the recusal hearing because the arguments etc aired & reported will undercut the legitimacy of anything brown or the grand jury does against her and probably put them on notice of that such that they will hesitate to do anything harsh. So, if that was her goal, or one of them she has probably won.
Anon 12:45. Whats the matter Donnie? Didn't you see what would happen if things went this way? You must not play chess. Always project three moves ahead. The Judge specifically found that Rachel's answers to the proposed questions would incriminate her. Rachel got exactly what she asked for. She won't have to admit to her criminal activity. She won. Be careful what you wish for. Oh by the way Rachel looks much better with a pearl necklace. Oh and as far as Federal Grand Jury Investigations they might want to look at Lykos and crew for obstruction of justice.
69 comments:
Today's hearing should be interesting but it will be surprising if the issues are actually resolved at the hearing. Part of Rachel's motive may well be an attempt to slow the Grand Jury's progress down in hope they will lose their authority after December 31st. It will be interesting to see whether Leitner will assert his 5th privilege when he appears this week. There is definitely a "circle the wagons" mentality going on at the 6th floor as they swill down that Lykos KoolAid hoping to protect their Dear Leader.
Mr. Bennett's post was awesome. Thank you for putting the link on here. I appreciate the information he provided, it gives us non-lawyer types a deeper understanding of this issue. I usually spend a lot of time looking up stuff in case law, that sucks. Especially, when you have to use a little college library. Then, ugh, you have to use your brain to figure it out. So thank you again.
The grand juries will be extended into the new year if they aren't done and there's not a damn thing the Lykos crew can do to stop that from happening.
It appears Lykos et al is trying to do everything they can to delay the work of the Grand Jury. What do they have to hide? I thought this was the administration that returned the word integrity to the DA's office.
Mark is very smart, but I must be missing something in his analysis. The Butterfield decision he references cites to several Supreme Court decisions that clearly say a person compelled to testify under the protection of an immunity agreement can still be prosecuted for perjury. "The Supreme Court has clearly stated that the Fifth Amendment provides no protection for the commission of perjury and confers no privilege to lie" Butterfield 992 SW2d 448, 451.
Perhaps I misread Mark's post, so my apologies if that is the case.
Assuming that the motion to recuse is denied, can Palmer file an interlocatory appeal?
To: Jigmeister.
Denial of a motion to recuse is appealable only for abuse of discretion following a final judgment. In this instance a final judgment would apparently occur after a witness was compelled to give testimony and did so or was held in contempt. A grant of a motion to recuse is not appealable. See Tex.R.Civ.Proc. 18a (j)(1)(A)(B).
Delay tactics and a waste of resources for the hearing in Judge Bennetts court.
And to answer the question posed, No, there is an appeal same as for a final judgment, but since it is final, no interlocutory appeal is available. I would imagine that the Lykos crew will exhaust every opportunity they can to have to testify. It's one thing to lie to Commisioner's Court, yet another to lie to a Grand Jury.
The meeting Friday afternoon on the 6th floor must have been a sight to behold. They circled the wagons behind closed doors and got their stories straight, for sure.
Judge Bennett is a damn good judge. Even if he is from Ennis.
Mark Bennett didn't add anything but case citations--immunity is immunity. Big deal. That's her motive, and I've been saying it from the start. She has nothing to lose by taking the 5th, because whether offered or ordered, she gets immunity.
Rage
RE: Motion & Hearing
I wonder how Rachel will report her time on county timesheet. Is she able to earn comp-time for the hours spent preparing for today's hearing?
Techincally, this surrounds her "job" as a prosecutor and county employee.
And, who is holding her fort down while she deals with this. Who is organizing the misdemeanor troops and making sure there is enough cake for the next misdemeanor training?
Food for thought...
3:03 p.m., you raise a good point. Leitner, Bridgwater (can I have a vote please?) and anyone else who is hanging around the courtroom to hear what is happening are NOT on Harris County business. They are on personal business trying to help their own personally-hired defense attorneys get them out of a bind. They ought to be using their own comp or vacation time. BTW, where is Pat Lykos hiding out while this is going on?
Pollard is such a sniveling little twit, every time I see him in the court room. Stop the comb-over Pollard! Free the scalp!
This whole procedure initiated by Palmer's Dream Team is a huge waste of time of the court. It is an attempt to politicize the Grand Jury function. What a great example of the type of "leadership" by members of the DA's Office.
Rage, I'm not sure what you're trying say, but so it is clear, the United States Supreme Court has said that immunity isn't going to immunize an individual for perjury. See Apfelbaum, 445 US 115; Wong, 431 US 174; Kastigar, 406 US 441; Smith, 70 SW3d 848; Butterfield (the case cited by Bennett and Anon 11:19).
Simply put, if you perjor yourself you can be prosecuted for perjury, even if you have use immunity. You would have to have transactional immunity to wiggle out of perjury.
4:27:
Yes, for perjury while you have immunity. But not for a past act of perjury. If you have immunity, and they confirm your previous illegal activity, they cannot use it against you.
Ask Ollie North.
So, the reason she would want immunity now is to keep from being prosecuted if they decide to go after her for her past statements. Once she has immunity, she can sing like a bird.
This is not some unique thing that only (or even many) criminal lawyers know.
Rage
Have we definitely answered why she can claim the fifth if she is not the target?
Ie. a witness who saw a murder? I recognize that this involves far more shades of gray than my example but......
And I may be completely ignorant, but what does the fact that Clint said he'd advise them to take the fifth, and that Newman has written about RP on his blog have anything to do with whether or not Judge Brown should be recused? Why do we care if a political hack like Don Hooper is trying to solicit people to run against the Browns? Why would he want pictures of Newman? Because he was going to prove that Newman was there? Newman admitted he was there, hell, he was writing about it.
I am absolutely disgusted with all this political grand standing. It totally appears to be a delay tactic. And it seems to be working. That civil judge must have a different concept of relevancy that I do.
Have we definitely answered why she can claim the fifth if she is not the target?
Until we know all the facts, no.
what does the fact that Clint said he'd advise them to take the fifth
I don't know who Clint is, but I was wondering this too.
and that Newman has written about RP on his blog have anything to do with whether or not Judge Brown should be recused?
Murray's writings aren't relevant, but the opponent is. They're trying to make it look like Brown is retaliating against RP because RP's husband is looking for an opponent against Brown.
Why do we care if a political hack like Don Hooper is trying to solicit people to run against the Browns?
We don't. But this is as close as they get to getting Brown to recuse herself. And I don't think it's close enough.
Why would he want pictures of Newman?
Masturbation material. Duh.
And it seems to be working. That civil judge must have a different concept of relevancy that I do.
Say what you want about a lot of judges, but Judge Bennett is a sharp guy. He was an excellent lawyer, and he is a careful, thoughtful, and very smart judge. I have won and lost in his courtroom, and always know exactly why and usually agree.
He is doing what a lot of civil judges do. If you give the whiny side everything they want, they have no reason to appeal. If he was to close down their questioning and arguments, they would have the argument that he erred because he refused to listen to all of the evidence. In Jefferson County, I often get all of my objections granted because the judges know the juries are going to kick my ass anyway. In Harris county, Plaintiff's lawyers often get the same treatment, because the defense-oriented conservative juries here usually close them down. But because we each got all of our objections granted, there is rarely anything to appeal.
It's a smart move by a judge.
Rage
This whole exhibition is solely for the purpose of playing to the press and public to convince people that there is a conspiracy in place seeking to take Lykos down politically and cover up her potential criminal acts. In reality, it shows how Rachel Palmer,as a pawn of Lykos, reflects the dysfunctional state of the DA's management. How embarrassing for the honorable people who struggle to work there. Let the Grand Jury do their work and ferret out the truth.
Rage, I am so glad you got back on your meds. See how much sense you have when your thinking is balanced?
PS: I still don't understand having a Civil Judge trying to rule on criminal matters.
@Rage: masturbation material, oh the images....
Clint Greenwood is another prosecutor. I would guess that he was speaking off the cuff that he'd take the fifth, or that he would Leitner and Bridgewater to take the fifth. What does that matter?
Who are the next witnesses? Is it Leitner and Bridgwater?
What happened to John Jordan's association with these issues? And why, oh, why, does the Upper Administration feel that they are entitled to meet and discuss these issues?! Most people that I know in a similar situation they would be doing everything possible to try and remain above reproach. Not those on the sixth floor. They appear to be blatantly fortifying their position, and despite all warnings, completely ignoring the blatant fact that these proceedings are secret and their integrity should be respected.
Whatever happened to the contempt hearing regarding the transcripts they supposedly had possession of? Those transcripts they believed they were entitled too..... Again completely ignoring those secrecy admonitions. Hey, it's all the same thing as everyone getting their stories straight. Sickening. They will probably all take the fifth.....
I was wondering which floor Pat Lykos and Joe the Investigator are hiding on?
Oh my.... This is like a train wreck...... I can't stop refreshing Too bad Newman doesn't get anything for all the refreshing going on over at 1201 Franklin....
What is really sad is all the good people at the DA's office are forgotten. It's all politics. It does not matter who suffers so long as Lykos and crew get what the want. Justice be damned.... Most of the prosecutors are just working. Head down. Saying please let this be over...
Does anyone know where Pat Lykos is? Ted Oberg said on the news that they haven't gotten a response to their request for comment from her for the last couple of days and it doesn't seem like anyone has seen her since this all started.
I don't understand why the media isn't more on top of this. With the exception of Channel 13, none of today's happenings are being reported on. It seems like this would be big news no matter which side you choose to believe.
Oberg reported that Palmer had a list of political donations the grand jurors made to prove they were conspiring against her. Forgive the stupid question but I'm a paralegal, not a lawyer, and have never worked in criminal law - does Palmer get a list of the grand jurors because she's been subpoenaed? I thought their identities were supposed to be protected?
Would really love to hear a summary of what happened today, Murray. But would understand why you might just let it go fearing that somehow it will find its way into this hearing. From your tweats sounds like a real circus. "hi rachael" is the reason for the recusal motion and apparently the reason for taking 5? Mitchum must really be.shaking his head and wondering what he got into. I guess we have to wait for the real revelations from Clint. Cob
I saw coverage on the proceedings on channel 11 at noon today, maybe they will have more tonight at 10, but from what 6:49 says, it sounds like Ted Oberg over at 13 has the best coverage asking the obvious quetions, where is the DA? Also, a non-lawyer type here, is there a chance this could go Federal?
Rage - if Rachel is compelled to testify because she is given immunity, and she testifies differently in a material way, she can be prosecuted for perjury. Basic law. See every Supreme Court case on the issue since Kastigar.
What an absolute mockery Rachel Palmer is making out of the District Attorney's Office!! So sad! So, so very sad!! Jim, pull your head out and jump ship while you can. Have you no respect for yourself? You used to be thought of as an honorable man. You were an honorable man. Are you still? For you to have to be subject to questions from a grand jury and the media about a nothing, nobody, political hack like Rachel Palmer is soooooo beneath you. Clint, wherever you are, I suggest returning with your resignation in hand and take Jim back with you to the honorable practice of law. Get the heck out of that nut house on the 6th floor. Seriously, gentlemen, your reputations are in the hands of Pat Lykos, Hannah Chow, Lance Long and Rachel Palmer. Who cares what Roger does...he's had too much kool-aid for too long and is beyond repair. Jim!! Clint!! Wake up!! Get the heck out of there!!!!
Gotta love Rachel's testimony. "The fix is in." A vast conspiracy between the judge. And grand jurors. And special prosecutor. And HPOU. And Oberg. And others running for DA. And bailiffs. And Murray. And all other DA employees. And Elvis, the Tooth Fairy, Santa and the Dali Lama. Everyone on Earth is against you Rachel. One vast, highly organized conspiracy. Well ... That or your arrogance has finally caught up with you. Nah. Must be the conspiracy.
Please give us a wrap up, Murray! Curious minds want to know!
They are not hiding on the 6th floor. They are in the bunker.
http://www.youtube.com/watch?v=uX8E3oyHuAw&feature=related
I never cease to be amazed at the lack of credible news coverage by the Chronicle on this story. Finally found a convoluted article buried in the back of the Chronicle's website. Brian Rogers took his article from last week and spliced in a little information about today's hearing without ever explaining how the Motion to Recuse Judge Susan Brown found its way to a Civil Court. As I understood, Rachel Palmer and her husband testified in open court today. Sure would have been nice to hear what they had to say from a reporter if he was in the courtroom. Were it not for Murray, no one would have a clue what is happening. Thanks Murray!
PS: The "fix is in" all right, but its between Lykos and the Chronicle.
Little Jimmy has no self respect, it was lost a long time ago.
@anon 810pm; you forgot the Easter Bunny, and the Elf on the Shelf....I mean, if we are taking about a real conspiracy here!
Rachel, Rachel, Rachel....
Listen, dear, you really are better off taking the 5th. So far, everything you say sounds ridiculous and makes you look like an idiot.
When, oh when, will Patsy tell the Chronicle "you're incompetent?". Because, clearly you are.
Sincerely,
Former ADA (Vance Era)
A commenter asked " why isnt there other news media's reporting this? It's because they see what is taking place! It's an all out attempt by two hand fulls of individuals that are trying to muddy the water and get their boy elected. The grand Jury is being lead by Brown, whom has close friends sitting on the grand jury. The Grand Jury Foreman is attached to the LoneStar College, who;s contract was cancelled by the County. We the voting citizens see what is taking place and its very apparent what they are doing. PAT LYKOS is doing a good job, and will get our support.
Most of us involved in the CJC world have a definite opinion on Rachel Palmer. I would say that most prosecutors and defense attorneys do not care for her, think she is all out for political gain, not smart, and is conniving and vicious. Now, I direct my comment to those that have found this blog my other means, or don't know all the players personally....
Can she seriously believe that making this many allegations of all of those people out to get her, will get people to look the other way and see her as a victim? So poor, poor pitiful her? Like a country music song? It's a conspiracy? Or really, all those people just see her for what she is?
I wonder what David Mitcham honestly thinks about all this? Did he bite off more than he can chew? Not in terms of his talent but in terms of what a mess this is? Do he charge enough? Or anything? I have seen some men initially been oblivious to RP's behavior towards other women, or anyone junior to her, so I have to wonder. Someone on the blog commented on how she treats administerial staff..... Just flat out wrong and extremely elitist. Most prosecutors believe they are on one big team. It's just her, Don Hooper, Lykos and Jim.
Can you imagine the intellectual conversations that go on in the Hooper-Palmer household?
-I didn't think so...
Dear Real Prosecutors:
Know that there of those of us out here who know what you do and appreciate what you do.
There are those of us who know what you sacrifice; know what you have had to endure.
There are those of us who appreciate your hard work and the voice you provide to victims who can't speak.
There are those of us who realize the "face" that has been in the media lately does not represent the true essence of what was once a great office.
Please keep up the hard work; and, from all of us, thank you!
-Proud Republican
7:55, not so basic. See Bennett's post.
Where is the recusal motion?
And does Rachel Palmer think the fix is in because the woman that she would go down swinging to protect hasn't been seen. Judge Lykos hasn't even popped her head in to lend moral support to RP? RP probably justifies that is what has to be done, politically.
Someone, who is that bearded guy next to Palmer on the Channel 13 news clip? Don Hooper?
I cringe when I hear the news call RP a top ranking DA. Anyway, so RP has been "battling this for two years? She is tired of it?". The bat van allegations regarding intoxilyzers did not start two years ago. That was the main stream opposition to seeing a person like her ever wear a robe. Her race for county court 13. That is, to my knowledge, the only bench she has run for. Rumor was that she got pissed at a defense attorney for changing his support from her, to her challenger, Judge Don Smyth, whom said defense attorney had been in the DA's office together, and Judge Smyth had almost three times the legal experience that RP had. Yet she was appalled and rude to said defense attorney.
Androphy, legal analyst, said some of her theory that people are out to get her may be true. Think about it....don't you judge your coworkers based on interactions with them? Tangible qualities? So, then yes, lots of people believe she is a mockery as an ADA, and certainly someone associated with making decisions for the HCDAO. She was placed in that position, over misdemeanor.....as a felony level two. She could not be trusted in trial, ie. polygraph issues, and she really shouldn't be supervising others (I,e. doesn't play well with subordinates). What does all this translate too? You give someone a lot of power, it goes to their head. I suspect a lot of folks didn't like RP because of reasons stated above, but now, thanks to her motion to recuse, she firmly places herself in Judge Lykos' hip pocket. She confirmed what all suspected...... Ugh, all this makes my head hurt. The public is not paying attention.
To: 8:07
Clint Greenwood is a worthless weasel just like Lykos. If he ever was an honorable man, those days are long gone.
rachel palmer invoking the fifth!? Sweet! Karma comes around at last! I did an intern stint with the harris co DA a few years ago during an ill-advised sojourn in law school. Worked with this lady. And this palmer...shudder! What a piece of work she is! Perfect example of a DA personality type.
nice to see karma get its licks in at last. What goes around, comes around. How sweet it is!
Old dog here - freezing my tail off. 27 degrees and snowing. 4 hour difference. I tried, and I tried to stay away but this train wreck...well you get the point.
For your morning pleasure I send this one to all the "gang" in the 185th for a bright new day: - if the shoe fits:
Rolling Stones » You Can't Always Get What You Want Lyrics
I saw her today at a reception
A glass of wine in her hand
I knew she would meet her connection
At her feet was her footloose man
No, you can't always get what you want;
You can't always get what you want
You can't always get what you want
And if you try sometime you find
You get what you need
And I went down to the demonstration
To get my fair share of abuse
Singing, "We're gonna vent our frustration
If we don't we're gonna blow a 50-amp fuse"
Sing it to me now...
You can't always get what you want
You can't always get what you want
You can't always get what you want
But if you try sometimes well you just might find
You get what you need
Oh baby, yeah, yeah!
I went down to the Chelsea drugstore
To get your prescription filled
I was standing in line with Mr. Jimmy
And man, did he look pretty ill
We decided that we would have a soda
My favorite flavor, cherry red
I sung my song to Mr. Jimmy
Yeah, and he said one word to me, and that was "dead"
I said to him
You can't always get what you want, no!
You can't always get what you want (tell ya baby)
You can't always get what you want (no)
But if you try sometimes you just might find - You get what you need
Oh yes! Woo! You get what you need--yeah, oh baby!
Oh yeah!
I saw her today at the reception
In her glass was a bleeding man
She was practiced at the art of deception - Well I could tell by her blood-stained hands
You can't always get what you want
You can't always get what you want
You can't always get what you want
But if you try sometimes you just might find You just might find
You get what you need!_________________________________
Random Thoughts:
1) Recusal: Waaa, Waa, Waa, welcome to the NFL and if you gonna call this a political witch hunt just remember - You would know! 2) Time sheets: Work of course. They ARE doing their jobs by Lycos standards; 3) Remember all those vehicular homicide that got dismissed even after one guy plead after killing an elderly couple? You sow the wind, So Now you reap the whirlwind! 4) NO ONE IS ENTITLED TO A PERFECT TRIAL or G, J, INVESTIGATION. Regardless of HOW this G.J. investigation came to be - does it mean there ain't nothin to investigate. If it makes you feel better: Even a power stopped broken watch is correct at least twice a day. And I'd pretty much say for a "sworn to seek justice and not merely convict prosecutor" to take the 5th - THAT clock just got new batteries. Ms. Palmer you should have been fired the moment that came out PERIOD! Imagine one of the "outsiders taking the 5th a year ago, or two, of three years? Yippie-yi-kie-ya...MF! Is what they would be told as being escorted out of the building. 5) Narcisstic people don't like perp walks - even ones that aren’t but look it once the defense counsel certifies it with a misstatement.
6) 5th, schmith, with...who cares? No prosecutor wishes to seek justice on themselves! 7) One more thing. After the Spring thaw up here a kid comes around and does the whole "Rover's leftovers" thing picking up frozen "K-9 organics". I think I'm gonna send him down there to just keep scooping up around the floor - oops sorry. He doesn't do haughty - CHICKEN SHIT!
Old Dog goin under the quilts....Cozy....! Love, love, love.
Life's too short to:
Live with a witch,
Marry a witch,
Work with a witch,
Work for a witch,
and be a witch.
So, be gone you witches!
Chron web site has this on the front page. Seems like good coverage. Who is that with the beard behind the smiling Rachel ? Is that Lester?
So many comments I could make, so much material.
Lykos is hiding in her office and will not come out. Olberg asks questions and you know that is not appropriate. Just loved Palmer talking to Olberg like he is a six year old child.
Why Greenwood is an important witness:(cue the Mission Impossible music) Greenwood, code name Joe six pack (not talking abs) with camouflage face paint, HALOed into the Mount's neighborhood, crawling on his stomach for hours he discovers Jim Mount lives down the street from Mary Jane Smith, the truth about Judge Carter and who was on the grassy knoll. When called by Palmer's attorneys, he asserts his fifth amendment privilege and files a Motion to Recuse Judge Bennett.
Wait a minute, did I say Judge Bennett and isn't there a Mark Bennett .... looks like another conspiracy out to get Palmer.
If this were happening under any other elected DA, the Houston Chronicle would have the front page plaster with photos of the elected and would be calling for their head. Not going to happen. Another conspiracy but unfortunately a conspiracy of silence.
This has been so entertaining and so sad.
I don’t think it helps any to post these comments calling people names. Some of the posts just sound silly. I know people are just blowing off steam, but this isn’t the place to do it. Sorry if I hurt anyone’s feelings, but if we want to be taken seriously, we need to be serious. We all know that the media, people in the criminal justice system, and most of our co-workers read this blog. The theme: We want to be treated like professionals. How can we expect people to do that if we don’t act like professionals? I encourage people to post more about specific, legitimate issues.
I am someone who is not important in the office. I’ve been around for about 25 years. If I retired, maybe 10 people would come to my retirement party. I’m not a “rock star ADA.” I’m not even in the popular crowd. I’m just a person who does my work. My work isn’t my life, though I am very dedicated.
So – here’s a view from a regular person to the media and the public:
Notice what ISN’T:
- There are no letters to the editor or the media from HCDA employees standing up for our current administration.
- At Judge Lykos’ fundraisers, you might see 5 current HCDA employees. We are NOT invited and even if we were, I doubt many would come.
- We aren’t allowed to call the elected DA, “Pat.” On her website it says, “About Pat…” We have to call her “Judge.” Yes, we get the message. If you give money, you’re her friend. If you work for her, you’re her subordinate.
- There isn’t anyone from our office at these hearings supporting our current administration. If we believed they were being bullied, don’t you know we’d be there in droves?
- Our names are not in the public website. In past administrations, division chiefs’ names were listed on the website, along with their pictures. We get it – we are faceless, nameless, interchangeable parts.
- If you work here, you know that there is little discourse. Decisions are made capriciously, in private, and without input. In the past, if I disagreed with a policy, I knew I could make my point all the way to the top (and I have). Not now. Now, we understand it isn’t our place. If we hadn’t learned by the time Donna Goode was treated so horribly, we learned then. Shut up or leave.
Some in the current administration (or those outside the office who STILL believe that Judge Lykos is here to “clean-up” a corrupt office) will paint me as a disgruntled Holmes holdover. I assure you I am not. I am a regular person who does his work to the best of his ability.
The bottom line is this: A leader isn’t merely someone who has authority over people. A leader is someone who inspires loyalty and earns respect. Judge Lykos absolutely has authority, but she is not a leader. Even if you believe that she has cleaned-up a corrupt office, that we’re just a bunch of constitution-ignoring hooligans, wouldn’t you think that after three years, she’d have built solid relationships with people? Even the most loyal Pat supporters, should question that fact that after three years, she has not endeared herself to more than a handful of people.
Either we are all as bad as some say. Or, she is.
It sure sounds like this blog site should be sent to someone at fox news. National would work. Hmm, who would be the best person to contact there. Any thoughts on that, anyone? Can you see Bill Oreilly talking to Lycos? The questions he could ask after reading this blog. Too damn funny.
To the employee's of Lycos, there is hope that it will be better soon. After all, it is the season. My heart and prayers are with you daily.
Empathy is a good motivator. I have lived exactly where you are today. I quit three years shy of retirement because of the strain. About 4 months later both of the jerks were demoted from Captain back to Lt. The Chief had to retire. Justice will come.
Good Morning DAO,
Has anyone seen Patsy? I need her to approve my transfer to the Carpathian before a defining, historic event occurs.
Its so cold on the bridge (6th floor). First Mate, Jimmy Boy, is limping down the hall with his law enforcement badge proudly showing. Just wonder what is going through his mind?
Jimmy, how about getting on the office intercom system and proudly state, "I am jumping from this ship before it goes down." Before you plead the 5th of course.
Can we please get a telegraph from the Bunker?
Inquiring minds....
Right now, there is a photo posted on Chronicle's story. In it, you see Rachel looking back and "smiling" at a balding man.
All you see is the back of this man's head, but you can clearly see/tell it is none other than Bridgwater.
3rd grade art class was right: A picture really is worth 1,000 words.
Murray,
Well done on the twitter feeds keeping everyone abreast of what is going on with this hearing and at the CJC in general. Keep up the good work; I enjoy reading your blog. As a former prosecutor from this office, I find this story absolutely fascinating while at the same time very embarrassing.
I didn't know you could refuse to testify in front of a Grand Jury.
I'll have to try this sometime.
Not a fan of Palmer,by any means,but it would have looked better if different lawyers were picked to be special prosecutors. There are to many connections between Judge,them,and Mike Anderson.Makes the whole thing look bad to the public.GONE AND GLAD
OMG! Another Judge has joined the conspiracy against Lykos, Jimmy, Roger, Hannah, and Rachel.
Shame on all five of you for dragging the Office through the dirt with you.
This is so much worse than what occurred under Rosenthal's tenure.
I suspect that I write for many former unnamed Harris County prosecutors who were honored to have served under Carol Vance and Johnny Holmes in observing that in less than three years the Harris County District Attorney's Office, under Lykos and the inner circle, has been transformed from a once proud and nationally respected District Attorney Ofice into what might fairly be described as a cesspool. I sympathize with those "troops" in the trenches. Although the Rosenthal incidents cast a shadow and were an embarrassment, those incidents pale in comparison to the incidents under Lykos and the alleged "transparency" which Lykos claimed to have brought to the office. One need look no further than the asserted need for the instant recusal hearing and also wherein there apparently was testimony to the effect that all prosecutors should invoke the 5th if called to testify as evidence of that "transparency." Alas, however, if a conspiracy is to exist as claimed at this hearing,that conspiracy seemingly exists between the current administration and the media and not those claimed.
Calvin A. Hartmann
Anon 9:00 Which looks worst, the appointment of the attorneys pro tem or Jim Lietner losing the primary, saying he would not endorse either Lykos or Siegler but then saying he would vote for Lykos and after the run off is named first assistant in salary only. How about Lietner bringing his good friend Steve Morris and Clint Greenwood to the office in high paying supervision positions. How about Lykos bringing her friends Chow and Barnhill in a high paying supervision position, How about Lykos hiring Shadwick and Strange and paying above starting salary for both. I don't believe a single one of these people were qualified to be hired for the position they currently find themselves. And I have not even talked about the promotions and raises under Lykos. And then who are the big Lykos supporters, Don Hooper and Gary Polland. Hooper, well enough said and Pollard whose entire practice appears to be based on court appointments. Look up how much he makes on the public dole.
Falkenburg got it right this morning. Good for you Lisa, I am just surprised your editor allowed your column to be printed.
As the saying goes, "sometimes when you lose you really when" Palmer has won by having the recusal hearing because the arguments etc aired & reported will undercut the legitimacy of anything brown or the grand jury does against her and probably put them on notice of that such that they will hesitate to do anything harsh. So, if that was her goal, or one of them she has probably won.
Per Murray's tweets, Motion to Compel denied.
Now what happens?
"Hey, prosecutors, defenders of truth and justice, when do we get to the truth part?"
http://www.chron.com/news/falkenberg/article/Falkenberg-DA-s-office-stalling-on-BAT-van-issue-2413543.php
It was abundantly clear that someone in the DAs office broke the law. Just don't know who or what or if it can be proven.
Brown evidently got wind of the federal grand jury that is investigating her and her grand jury. But will this save her from indictment?
12:45 - is that you Hooper? Nice try.
12:45 - is that you Hooper? Nice try.
12:45
YOU MUST BE DON HOOPER THROWING OUT MISINFORMATION AGAIN. YOU ARE SO FULL OF CRAP.
Anon 12:45
Welcome back Don Hooper! Finished taking pictures yet?
It must be sad to be Don Hooper.
Anon 12:45. Whats the matter Donnie? Didn't you see what would happen if things went this way? You must not play chess. Always project three moves ahead. The Judge specifically found that Rachel's answers to the proposed questions would incriminate her. Rachel got exactly what she asked for. She won't have to admit to her criminal activity. She won. Be careful what you wish for. Oh by the way Rachel looks much better with a pearl necklace. Oh and as far as Federal Grand Jury Investigations they might want to look at Lykos and crew for obstruction of justice.
Police Officer, 8:42 AM, Go for it.
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