Sunday, March 11, 2012

Judge Mike Anderson on Reasonable Doubt

Several of you have written in asking if there is a way to see Judge Anderson's appearance on Reasonable Doubt from last Thursday.  Now, thanks to the technological work of Franklin Bynum, there is.  See below.


Reasonable Doubt, March 8, 2012, Judge Mike Anderson from HCCLA on Vimeo.

47 comments:

Anonymous said...

Todd Dupont is a sexy beast.

Day 39 said...

"We are eager to show the public all the evidence in this case." - Patricia R. Lykos (2/1/12)

"The Harris County District Attorney’s Office has long been eager to share what we know with the public. Now that the grand jury’s proceedings have ended, we will be responding—vigorously.

In the days to come, our website—HarrisCountyDA.com—will feature a new section devoted to setting the record straight." (source: www.harriscountyda.com).

Ms. Lykos:

Good day to you, ma'am. We hope it is a great one. We just love this time of year. Spring is in the air - and with it, a fresh start. Speaking of Febreze...

Idea: Let's dust off those boxes of evidence and release them for all to see.

Excellent chat. Thanks for listening. Oh - don't ignore low-lights, you have the bone structure to pull it off.

Sincerely,

- the public

Anonymous said...

Question not related to this but related to an article I read on khou regarding two cold cases being dismissed due to speedy trial act. Doesn't the speedy trial act give you the right to speedy trial once you are in custody? Last I heard murder doesn't have a statute of limitations so if you don't get caught until 30 years later shouldn't the victims family still receive justice. From what I read these cases were dismissed because the criminals were not caught swiftly enough. This seems like it is setting a precedent that if you get away with something long enough you can't be punished. I'm only familiar with what I read on khou and not specific facts of the cases. Just wanted people's takes on the judgments.

Anonymous said...

Authorities must have been looking for you and you must have been hiding to make is a prosecutable case years and years later. If you simply skipped bond, moved to another state, lived a normal life and the police never really pursued you, they can't re-invigorate the case 6-10-18 years later. Lykos was told that by a number of her chiefs...that this was a waste of resources and that the cold case folks should go after cases that are 2-5 years old instead, but those aren't nearly as sexy as the really old ones and wouldn't have garnered the media's attention, so she ignored the advice (as usual).

Anonymous said...

To 11:59 :
Good question. Once a case is indicted the statute of limitations is tolled (and as you noted, murder doesn't even have a stat of lim) but the law says after indictment, law enforcement (sherrif) must show due diligence in trying to find and arrest defendants or else the case is dismissed. Due diligence is defined by case law. Basically the prosecution must show there was some effort to find defendant every year or so or at least show his vital statistics were put in law enforcement data bases so if he arrested on some minor charge (traffic ticket) he would be noticed and arrested. Our sherrif apparently is lax in requiring his warrants dept to enter this information.

This is one reason the DA Office in the past did not assign employees specifically to arrest fugitives. It was tried in the '80's but discontinued when determined that DA personnel needed in areas of DA responsibility and didn't have luxury of assigning DA personnel to do Sherrif's job.

Anonymous said...

This is in answer to the question posed by anonymous 11:59 a.m. I assume that KHOU's purported "legal expert" was misquoted in the posting. Texas has not had a Speedy Trial Act (C.C.P. 32A.02) since 1987, it having been held unconstitutional on separation of powers [see Meshell v. State, 739 S.W.2d 246 (Tex. Crim. App. 1987]. The provisions of tha act were repealed and essentially replaced with the provisions of 17.151, TEX.CODE CRIM.PROC. dealing with bail. There is a 6th Amendment right to speedy trial as well as a due process right. I asssume that these cases were dismissed on that basis, namely the lack of diligence of the State in arresting and bringing to trial and the trial court then applying the four-prong Barker v. Wingo, 407U.S.514 (1972) analysis. Lack of diligence in arresting is a constitutional basis for a speedy trial dismissal. See Doggett v. United States, 505 U.S. 647 1992); Orland v. State, 254 S.W.3d 560 (Tex. App. - Fort Worth 2008, pet. ref'd). I suspect that many of these cold case prosecutions ballyhooed by Lykos are subject to dismissal for the same reason, that is lack of diligence in arresting once charges have been filed.
Calvin A. Hartmann

Anonymous said...

what about right to a speedy trial once arrested and indicted? How long does the state have to try you or can they hold you in jail without trying you? I saw an inmate in the HC jail who had waited 3 years charged with murdering 3 separate individuals, he just wanted his trial and had no idea what was happening on his case against him. This was on the news a couple of years ago and I've always wondered how long one must wait once charged.

Anonymous said...

RE: March 12, 2012 11:37 PM AKA: "I saw an inmate in the HC jail".

Just being factual and not argumentative. Question: "How do you know what think you know? Your tone seems to suggest a little defense bend. This is only relevant because more times than not it is the Complainant / victim families who are usually the ones pushing for a quick trial resolution – especially on such a serious charge as you mention.

I'll bet this was a Capital murder (based on the multiple death comment) Just FYI: From a defense standpoint there is an old saying around criminal courthouse circles: "A continuance in a criminal case is just as good as a not guilty until the real trial comes".

The State's case gets handed back and forth to different prosecutors; memories fade; officers retire; police lab problems surface - all to the advantage of the accused. Who all signed all those reset forms and how many were for trial or motions? How many actual trial dates were reset at the Defense request?

If, however, you do not know the difference between a NOT GUILTY verdict due to reasonable doubt and factual innocence this may not make any sense to you.

Nonetheless, if you ARE a defense family member or friend, a good lawyer knows to say NOTHING to you unless specifically allowed and waived by the client.

Anonymous said...

I see that Rusty Hardin has been appointed 'special prosecutor' in the Morton case out of Williamson County. Any news on the pro tem requested by the Rangers for Lykos?

Anonymous said...

Anon 11:05 I heard they are talking to Kelly Seigler and Mac Secrist. I can only imagine how those 2 would roast Patsy.

ROGER TRINKLE said...

I WILL VOTE FOR PAT LYKOS BECAUSE SHE HAS DEVOTED HER WHOLE LIFE TO MAKE THINGS BETTER FOR THE CITIZENS OF HARRIS COUNTY. I HOPE EVERYBODY HAS MY SAME THOUGHTS ABOUT THIS FINE WOMAN AND YES WE ARE READY FOR A SECOND TERM RE-ELECT PAT LYKOS

Anonymous said...

No need to shout Roger Trinkle. But maybe you shout because you know no one here is listening to you...and you'd be right.

Anonymous said...

Anon 11:05

I also heard that Jay Ethington, Dallas has been mentioned.

Anonymous said...

9:58....thanks for addressing my question, I think. Maybe I wasn't clear in my post. I didn't see an inmate myself, I saw a report on the local news in where an inmate charged with serial murder (three elderly women) and he asked the media to come speak to him, not regarding his case or whether he was guilty or innocent, but he wanted to draw the punlics attention to the fact he had sat in the jail for 3 years waiting or a trial.....my question was, and still is, isn't there a time frame in which a trial is required to be held on a case once an individual is charged. I'm not asking about any specific case, just in general. If someone committed a crime against me, I'd hope to get justice quickly, and if I were the inmate (especially if I were innocent), I would like to have my day in court and my opportunity to prove that. You sound condescending in your reply, I am sorry if I struck a nerve or offended you, I was just trying to learn something about our justice system.

Anonymous said...

http://www.kvue.com/news/state/142316855.html

Cold cases - why is the DA's Office now trying to do the Sheriff's job? Remember in the 80s when we tried this? Came up with the same results.

Anonymous said...

To 3-13-12 10;51:
Good ques. but the answer is not simple. I'll attempt but ask Hartmann to clean up my attempt. Speedy trial rights before arrest have been explained earlier in comments to this post. You are asking about speedy trial after arrest. Most of the Texas speedy trial statute was declared unconstitutional or neutered in some way several yesrs ago but I think some remains, however, all the state must do to avoid problem is show there was something reasonable causing the delay - i.e. crowded dockets etc. I think if it can be proven that prosecution is refusing to go to trial after several years and the defense is not complicit, there would be a constitutional cause of action to allow/require the judge to discontinue prosecution. The judge also has the discretion to announce the state ready and force them to trial which would result in an acquital if no evidence presented by state.
It is extremely rare that a defendant really wants a speedy trial and 99% of the time, the defense is requesting continuances for as long as they can come up with reasons.
The prosecution normally should be pushing to get the cases tried as quickly as possible since it usually provides a strategic advantage.

Anonymous said...

So the talk of the court house is that Jim Leitner turned in his notice. Other than the fact he is working for the devil and has been demeaned and has demeaned others in ways he probably never imagined (because he is working for the devil), why on earth would he resign now?!

Anonymous said...

"Isn't there a time frame in which a trial is required to be held on a case once an individual is charged?" The short answer to your question is "No". Once a case is filed in Harris County the subsequent setting and trial of that case is essentially controlled (frequently at times the whim) by one or more of four possible people: the trial judge, the court coordinator, the prosecutor, and the defense attorney. Each of these people have different motives in the setting and trial of the case. They can include its complexity, who the particular litigators are, the nature of the offense, the possible duration of trial, the time the charges have been pending, other litigation of the participants, and availability of witnesses and or evidence testing. Obviously the "no" answer thus has become complicated. That aside, if the defendant wants a speedy trial it is the obligation of his or her attorney to file a motion requesting same. As noted in a prior post there is a "oonstitutional" test for ascertaining whether a case should be dismissed for lack of a speedy trial, namely one looks at: the reason for the delay, length of the delay, assertion of the right, and prejudice to the accused resulting from the delay. The court balances these four in addressing speedy trial dismissal requests. I assume this answers your question.
Calvin A. Hartmann

Anonymous said...

Just wanted to say thank you to 12:41 and Mr. Hartmann. I guess its a complicated subject as is everything in our justice system. Very interesting.

Anonymous said...

RE:
March 13, 2012 11:05 AM

Anonymous said...
Anon 11:05 I heard they are talking to Kelly Seigler and Mac Secrist. I can only imagine how those 2 would roast Patsy.

March 13, 2012 3:37 PM


RESPONSE: FALSE AND YOU KNOW THIS TO BE SO!

Anonymous said...

Dear Mr. Trinkle,

If the little light is lit up on the top largest key positioned to your left as you type, titled "caps lock",just tap it once for the last plane to Jonestown Guiana. I hear the punch is great thero

Anonymous said...

WEKK I HEARD THEY WERE TALKING TO JOHNNY BINDER, AKA: THE REV. RUNNER, JERAMIAH.

TINKLE ON MY SHOES...

Anonymous said...

TO: You sound condescending in your reply, I am sorry if I struck a nerve or offended you, I was just trying to learn something about our justice system.

March 13, 2012 10:51 PM
___________________________________

No offense taken. I think the word that might more aptly apply to your response is coy.

Maybe this case is too close to home for you to be objective? I mean seriously, how many "bleed it leads" stories are in the paper every day and you just happened to care about this one where your sympathies - again are defense leaning. Did you or your relative ever get their trial? Leave your phone number and I’ll give you non-defensive (psychologically speaking of course) legal advice for a fee.

Anonymous said...

Anon 2:33 AM a/k/a sister of class envy:

It's almost 3 in morning and you can't sleep so you decide to play the victim and shout at your computer. OMG!
Do Kelly and Mac intimidate you that much? Really?

Neither you nor I know whether either of these great trial lawyers ever considered looking into all the bullshit but what we both know is that Kelly and/or Mac would do an outstanding job.

So continue feeling sorry for yourself and dwell in your angry little corner knowing that you will never measure up to greatness yourself.

Anonymous said...

Dear 8:16 AM. My comments have nothing to do with trial ability or envy. WTF? Obviously Mac & Kelly are (A+++++) trial lawyers. I know them both very well.

Here's the rub: Aside from just rumor has it type assumptions, think about what you are truly saying regarding Kelly. MY post was directed more at Kelly than Mack, but when you linked them together - THAT - is what truly made me think you are politically and common sense deprived, or just really a good customer for a carnival game row: "step right up".

Ok here, let me spell it out for you: 10 Mac alone or with anyone else fine - good choice and very plausible. But after the Judge Susan Brown rush to formation of that prosecution team (that should have been more detached politically than the two very competent lawyers chosen) do you honest believe any idle gossip Judge Belinda Hill would appoint Lykos' for chief runoff political opponent as Special prosecutor? Really - ?

Whomever is chosen, no doubt Judge Hill will be choosing (Yes possibly Mac) and or someone else with or alone who is very politically removed from the 2008 election fiasco.

Anonymous said...

"Dear 8:16 AM. My comments have nothing to do with trial ability or envy. WTF? Obviously Mac & Kelly are (A+++++) trial lawyers. I know them both very well."
--anon 9:36

Your clarification is appreciated.

I agree that the appearance of conflict precludes having Kelly appointed as a Special Prosecutor in this circumstance.
My issue was with the lack of specificity in your earlier comment and the general lack of appreciation most commenters have for the great sacrifice Kelly made for the office.
Mike won't have to fight the Rosenthal factor or multiple candidates forcing a blue haired run-off like Kelly did yet if Mike does not succeed I suspect you people won't appreciate his effort either.
As a good friend once told me, the HCADA motto ought to be, "never expect gratitude and you won't be disappointed".

Anonymous said...

For god's sake Murray please get back from spring break and post something to shut these morons up.

Mark W. Stephens said...

Judge Belinda Hill has appointed Eric Nichols as Special Prosecutor in the case being investigated by Texas Rangers.

Anonymous said...

For all you "type A's out there going through (M.S.A. or Murray Seperation Anxiety) Until Murray gets back...

Get into "the lift" -(Insert Elevator Music Here) - Go find a large building, ride it to the top but don't get out. Push the Lobby button and then do it all over again.

Relax, enjow, and listen to the MUZAK. And now for your educational pleasure Murray's voice interrupts the music and reads the following to help you "come down" from his writing absense:

"Elevator music refers to instrumental arrangements of popular music designed for playing in shopping malls, grocery stores, department stores, telephone systems (while the caller is on hold), cruise ships, airports , doctors' and dentists' offices, and elevators. The term is also frequently applied as a generic term for any form of easy listening, smooth jazz, or middle of the road music, or to the type of recordings commonly heard on "beautiful music" radio stations.

The Muzak Holdings Corporation is a major supplier of business background music, and was the best known such supplier for years. Since 1997 Muzak has used original artists for its music source.

Elevator music is typically set to a very simple melody, so that it can be unobtrusively looped back to the beginning. In a mall or shopping center, elevator music of a specific type has been found to have a psychological effect: slower, more relaxed music tends to make people slow down and browse longer.[citation needed] Elevator music may also be preferred over broadcast radio stations due to the lack of lyrics and commercial interruptions.

Now get back to work!

Anonymous said...

Who is Eric Nichols?

Anonymous said...

Mr. Nichols appears to have the bonfides:

Eric J.R. Nichols - Partner

512-708-1000
Send Email
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Eric Nichols rejoined Beck, Redden & Secrest in February 2011, and has resumed his private practice in the areas of civil and criminal litigation. His practice centers in part on representing companies and individuals in business and commercial disputes, including during pre-litigation counseling, the prosecution and defense of civil cases filed in court, the defense of civil claims pursued by government agencies, and trials in courts and arbitrations. He also focuses his practice on representing companies and individuals during white-collar criminal investigations and proceedings, in both the federal and state criminal justice systems.

Eric represents clients who work or operate in various industries, including energy, financial services, high tech, and manufacturing. He also represents clients who work or operate in various professions, including accounting, engineering, and law.

Eric rejoined Beck, Redden & Secrest in 2011 after serving for four years as Deputy Attorney General for Criminal Justice for the Office of the Texas Attorney General. While overseeing the Attorney General's Criminal Justice Divisions, which include over 500 prosecutors, peace officers, and other criminal justice professionals, he remained actively engaged in trial and appellate practice. For example, Eric has in recent months completed seven cases as lead prosecutor for the State of Texas, including five jury trials, in which men have been convicted of sexual assault of children at the YFZ Ranch in Schleicher County.

He is Board Certified in Criminal Law by the Texas Board of Legal Specialization.

Eric has been selected by his peers, as published in Texas Monthly and Law & Politics, as a "Texas Super Lawyer," from the time the annual survey began in 2003 through 2009. He has been included in annual rosters for the national publication The Best Lawyers in America. He was profiled in 2001 by the Texas Lawyer as one of "40 Under 40" judges, lawyers, and law professors "across the state whose accomplishments distinguish them among their peers." His work on behalf of clients in private practice has been profiled in the National Law Journal, among other publications.

Eric previously served as an Assistant United States Attorney for the Southern District of Texas. As an Assistant United States Attorney, he prosecuted white-collar federal criminal matters, including fraud cases relating to health care, banking, investments, customs enforcement, bankruptcy, tax matters, and government procurement.

Eric obtained a J.D. Degree with honors in 1989 from the University of Texas School of Law, where he served as Editor-in-Chief of the Texas Law Review. He holds a B.A. degree, with distinction, from the University of Virginia.

Following his graduation from law school, Eric served as judicial law clerk to the Honorable David Hittner, United States District Judge for the Southern District of Texas.

He has has authored several publications on trial practice and procedure for legal journals and law reviews, and actively writes and lectures for various continuing legal education programs throughout the United States.

Anonymous said...

Nichols is a former AUSA and also worked in the Criminal Division of the Texas AG's office. Great, smart lawyer. He worked at Beck Redden before he went to the AG's office. He's back in private practice but I don't remember where he went.

Anonymous said...

Attention all Judges having the authority to appoint "Special / Pro-Tem" (whatever name one wants to refer to) - THIS is the exact type qualified lawyer to look for in pursuing a criminal investigation of one of the top 5% D.A.'s Offices in size in the U.S.A.

Anonymous said...

Is this Nichols the same guy representing Judge Ken Anderson in the Williamson County court of inquiry?

Anonymous said...

To Mark W. Stephens

Thanks for the info on the Special Prosecutor appointment by Judge Hill.

And congrats on your story! You've been all over the news. CBS, Inside Edition, Nightline. Did I miss any?? lol Good Job Mr. Stephens!

Anonymous said...

Yes, Nichols is representing Anderson in the Court of Inquiry in Wilco. Changing hats so fast will be difficult.

Anonymous said...

Anon 2:07, I am so glad you mentioned the HCDAO is one of the top 5% DA offices in size, because where it used to be one of the top DA offices in prestige, it has lost that position with the election of Lykos and the appointment of the "leadership team".

Anonymous said...

Maybe Nichols can learn a few things from Rusty Hardin as to how to cook goose. Hope he's not a sell out.

Anonymous said...

You guys might also be interested to know that it was Eric Nichols who was the supervisor in charge of the SEVEN different assistant AG's who handled the Anthony Graves case. Would be interesting to see how he reconciles his explanation for pulling his people from the Graves case "because Graves wouldn't take a life sentence and we didn't think it was an appropriate death case anymore" alongwith the decision to try and convict Graves with "new" dog scent evidence and to never venture an obvious opinion that Graves was in fact innocent. Ask Anthony Graves and his attorneys about how much "fortitude" or gumption Eric Nichols has.......and ask them about the fact that even one of Nichols most trusted investigators told him Graves was innocent and still he did nothing. Except withdraw from the case. Sound like courage or politics, as usual?

Anonymous said...

Word is getting out.

http://chicksandpolitics.com/judge-mike-anderson-2012-harris-county-d-a/

Anonymous said...

Excuse me. A question..... What about THE VICTIM????? It DOES NOT MATTER how many years have passed, but trust me, THE FAMILY IS COUNTING..... The family must be enraged by the comment "This is a waste of Time" Shame on those who made this statement and shame on those who listened!

The wrath of Justice will be served when a lawmaker feels the sting of a rigid system

There is something to be said about the ladder of life and success......It is that we should ALL be consciencous of who we kick on our way up, because there is no doubt we will surely pass them on our way back down!

Anonymous said...

Word at 12:30,

Not a good idea to cite the political groopie "Ali4newt".

This kid who supports your boy Mike Anderson writes quite an odd piece. First she is mad and blames Judge Lykos for not helping an autistic Alief kid who she feels did not get an appropriate special needs public education based on racism. Although the DAs office was involved since 2007(2 years before Judge Lykos was sworn in as the elected DA)and neither Rosenthal nor Judge Lykos did anything for this special needs kid it is all Judge Lykos' fault. Second since Judge Lykos is being investigated by the Texas Rangers and FBI Judge Lykos must be guilty. Third unlike Big Jolly who interviewed both Judge Lykos and Mike Anderson she never met or talked with Mike Anderson. She instead believes hearsay, rumor and innuendo are sufficient to draw the conclusion that "he (Mike Anderson)had her from hello". OMG what an incredible childish source to highlight.

Anonymous said...

Former Williamson County district attorney Ken Anderson will face a court of inquiry to examine allegations that he violated state law by withholding evidence that could have spared Michael Morton from a wrongful conviction and almost 25 years in prison, a district judge ruled on 2/10/2012.

Anderson's lawyer ERIC NICHOLS said "the incident showed that Morton’s lawyers (RUSTY HARDIN et al) had indulged in baseless accusations that besmirched Anderson’s name and reputation."

Anon 11:52,
Eric Nichols has more in common with Eric Holder than Kelly Siegler.

Anon 10:58,
Don't expect Eric Nichols to be anything like Rusty Hardin.

And all you ADAs holding out hope that Eric Nichols is a stand up guy for justice---simply put, I'm afraid he'll never be of the same caliber as Kelly and Rusty and I hope the voters don't now confuse Ken Anderson with Mike Anderson.

Anonymous said...

Yes, sadly, Nichols looks like a sell out and a cover up artist. I hope I get to apologize after he indicts Lykos.

Anonymous said...

Hope Springs Eternal @ Anon 6:00:

AND I hope to win the Powerball Lottery, get a 5 yr $100MM K to play pro ball, get inducted into the Rock & Role Hall of Fame, fly to the moon and be the sole escort for the models of Victoria Secret's world tour.

Anonymous said...

What's with the recent 2 hour time differential on comment post times lately? This started on Grits' blog also.

A Harris County Lawyer said...

Anon 8:48,

I have no idea. The blog does that every once in a while. I think Grits uses Blogger.com as well.