tag:blogger.com,1999:blog-7566778230970156239.post4455846614779170601..comments2024-03-09T19:08:04.758-06:00Comments on Life at the Harris County Criminal Justice Center: Inauguration DayMurray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.comBlogger63125tag:blogger.com,1999:blog-7566778230970156239.post-292458134420402009-01-09T15:40:00.000-06:002009-01-09T15:40:00.000-06:00"Pretend homeboy"???Nobody shut anyone down. All t..."Pretend homeboy"???<BR/><BR/>Nobody shut anyone down. All the public policy arguments in the world avail nothing in the face of an unambiguous statute. <BR/><BR/>I'm still looking for someone to remind me of the actual <I>law</I> allegedly supporting the position that Chuck's withdrawal would have been effective in the face of a challenge by another candidate, so I can recall what I thought the response to it was. <BR/><BR/>Until then, I don't think I have anything more to say about the election, except maybe that Pat Lykos is a consummate politician who did better against Bradford than Leitner would have, though I'll admit that that's speculatory.Mark Bennetthttps://www.blogger.com/profile/04128739833441582127noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-87766275816079890182009-01-09T08:40:00.000-06:002009-01-09T08:40:00.000-06:00Outraged,Touche my brother from another mother. Yo...Outraged,<BR/>Touche my brother from another mother. You shut the pretend homeboy down.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-47234847685914440712009-01-07T15:28:00.000-06:002009-01-07T15:28:00.000-06:00Mark Bennett,I respectfully disagree with you on b...Mark Bennett,<BR/>I respectfully disagree with you on both points. <BR/>First, the law was written to protect the citizens from nepotism and inside dealing. For example, an incumbent who wanted to pass his reign over to his son or political buddy could thwart opponents from filing by remaining on the ticket until the last possible moment and then resign only giving his self appointed replacement the opportunity to timely file. This maneuver was deemed to be against public policy and the rules were set in place to prevent a scenario such as that.<BR/>Second, if Bradford couldn't beat Lykos under the most favorable of circumstances he could not have beaten any other Republican; even the likes of Leitner. Lykos won, not on her merits, but rather on how very unpopular Bradford was.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-40353704384352010362009-01-07T14:25:00.000-06:002009-01-07T14:25:00.000-06:000802,My post from the time. Someone told me about ...0802,<BR/><BR/><A HREF="http://bennettandbennett.com/blog/2008/01/chuck-may-not-be-out-kelly-may-not-be.html" REL="nofollow">My post from the time</A>. Someone told me about the counterargument, and I researched it enough to satisfy myself that it was probably wrong, but I can't for the life of me remember now what it was. Someone here (I welcome input from anyone who has successfully tried more civil jury trials than me; those who learned their law from Dick Wolf, not so much) will remind us, and I'll dredge up from my memory why I thought it was wrong.<BR/><BR/>I think Jim would have won the challenge, leaving him and Chuck on the Republican primary ballot. After dispatching Chuck in the primary, though, I think Jim would likely have lost to Bradford.Mark Bennetthttps://www.blogger.com/profile/04128739833441582127noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-37274776674978283502009-01-07T08:02:00.000-06:002009-01-07T08:02:00.000-06:00Mr. Bennett, Sir:The question is whether or not, i...Mr. Bennett, Sir:<BR/>The question is whether or not, in your expert opinion, had Leitner opted, would he have been successful in removing the other candidates from the Republican primary ballot? It seems obvious to most that Rosenthal's last minute nomination withdrawal tolled the filing deadline for 48 hours. <BR/>There is no doubt that Leitner would rather be "the man" than sit 2nd chair to crazy Pat. After all, Leitner told so many of us that the only reason he was running in the 1st place was to protect us from the troll. Now I know Jimmy is a pathological liar, but it seems obvious that he wants to be THE DA AT ALL COSTS....I mean geeze, look how he is selling out already!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-38200554298003326662009-01-06T17:06:00.000-06:002009-01-06T17:06:00.000-06:001416, I'm not following you. I've got more than tw...1416, I'm not following you. I've got more than two lawyer buddies, more than one of whom are a little bit dim. Could you be more specific, please?Mark Bennetthttps://www.blogger.com/profile/04128739833441582127noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-74681817636957894762009-01-06T14:16:00.000-06:002009-01-06T14:16:00.000-06:00Hey Bennett,There's one (1) thing "certain" about ...Hey Bennett,<BR/>There's one (1) thing "certain" about one (1) of your two (2)lawyer buddies....he/she's simply dim. <BR/>Since you're so very smart and heard both sides, what sayeth you?<BR/>Don't give us a chickenshit Leitneresque version.....man up.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-26182307367122409062009-01-06T13:30:00.000-06:002009-01-06T13:30:00.000-06:00AHCL,Mark Bennett said..."Isn't that why God inven...AHCL,<BR/><BR/>Mark Bennett said..."Isn't that why God invented litigation?"<BR/><BR/>I stand corrected--all this time I thought Bennett was an atheist. Rice University's theology department must be nothing short of miraculous! <BR/>Too bad Rice doesn't have a law school....they might have been able to teach young Bennett how to comprehend a basic election code manual. But then again, drug peddlers need love too.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-36723291576972509502009-01-06T07:53:00.000-06:002009-01-06T07:53:00.000-06:00ANON 900,Thanks to your vile image projectile vomi...ANON 900,<BR/>Thanks to your vile image projectile vomit now covers an entire wall in my office.<BR/>As for your reference to Bennett and me becoming closer...the only common bond we have is our total disdain for the troll and her punks. So, when Brutus stabs Caesar and the "Brown Shirts" revert to panic mode we'll high five....until then. <BR/>BTW, Mark needs to hone his civil skills if he is going to profess any knowledge outside the basic criminal law arena.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-72845750214863701202009-01-05T21:00:00.000-06:002009-01-05T21:00:00.000-06:00HPD 101,I am surprised Bennett did not respond to ...HPD 101,<BR/><BR/>I am surprised Bennett did not respond to you. It appears you and he are growing closer and closer together. As for Marlboros, she bummed a cig off of me at the mass she had for herself on the first. I admit it, I am loser but had to see this self-aggrandizement. She doesn't care what kind burning pole it is as long as she can smoke it. HPD, put tobacco in yours and she may smoke it. What do you think?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-81667744942013945452009-01-05T12:02:00.000-06:002009-01-05T12:02:00.000-06:00I heard both sides of the argument from very smart...<I>I heard both sides of the argument from very smart lawyers, and both were 100% certain that they were correct in their opinions, with no ambiguity.</I><BR/><BR/>Isn't that why God invented litigation?Mark Bennetthttps://www.blogger.com/profile/04128739833441582127noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-2123405355606543692009-01-05T09:15:00.000-06:002009-01-05T09:15:00.000-06:00AHCL,If Leitner thought he really could have preva...AHCL,<BR/>If Leitner thought he really could have prevailed he no doubt would have filed suit to remove Kelly and Lykos. But Leitner was and always will be a pussy. There was enough reasonable doubt that he would not be successful and he is not a cutting edge attorney by any means. The bottom line being that a botched attempt by Leitner would have precluded him from using the troll as a stepping stone to his ultimate unearned goal. Ironic that the troll thinks Leitner has her back.....in reality he's salivating in anticipation of her last Marlboro.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-23163935109767816712009-01-05T09:03:00.000-06:002009-01-05T09:03:00.000-06:00One thing for certain is that he lied about his mo...One thing for certain is that he lied about his motivations for doing so. I also believe one can look at the context and timing of events and feel comfortable some sort of deal was made with Troll.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-88539911779140718722009-01-04T21:02:00.000-06:002009-01-04T21:02:00.000-06:00I remember the debate over whether or not Jim coul...I remember the debate over whether or not Jim could have filed a lawsuit being kicked around back when the primary was going on, and it was interesting to me to see how it unfolded.<BR/>I heard both sides of the argument from very smart lawyers, and both were 100% certain that they were correct in their opinions, with no ambiguity.<BR/>Assuming for the sake of the argument that Mark is correct, I still doubt that Jim would have filed the lawsuit, because he didn't have the name recognition that Siegler and Lykos had. The powers that be over the Harris County Republicans probably did some gentle encouragement that he not do so.Murray Newmanhttps://www.blogger.com/profile/00662196272138109874noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-32671688291908356262009-01-04T20:55:00.000-06:002009-01-04T20:55:00.000-06:002020, um, ye. . . no. Anonymous legal opinion not ...2020, um, ye. . . no. Anonymous legal opinion not worth the paper it's written on. <BR/><BR/>And wrong to boot. If someone did the legal research and got that result, it was only because that was the result he wanted to get. <BR/><BR/>I'm no election law expert, but I read the law and the one arguable case (very different facts, as I recall, from a different jurisdiction), and I agree with Troy, who <I>is</I> an election law expert.Mark Bennetthttps://www.blogger.com/profile/04128739833441582127noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-90811703665478642742009-01-04T20:20:00.000-06:002009-01-04T20:20:00.000-06:00Mark, for being as thorough as you are on the law,...Mark, for being as thorough as you are on the law, I am so surprised that you, Troy McKinney, etc., have said/keep saying that Lietner could have filed suit to keep the other candidates out of the primary. <BR/><BR/>The portions that McKinney kept speaking about and that I assume you are supporting, were the wrong section of the election code. Believe me, this issue was researched thoroughly by someone who can both read and write, and the correct portion of the statute made it clear that both Kelly and Lykos were properly on the ballot.<BR/><BR/>This is just a long winded way to say that you are very wrong. And re-read the election code if you wish. This isn't an interpretation type thing. You are just wrong.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-5754591419698783602009-01-04T18:48:00.000-06:002009-01-04T18:48:00.000-06:00The 21st century Jacobians have arrived in the Har...The 21st century Jacobians have arrived in the Harris County District Attorney's Office. Citizen beware.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-16223317328059498572009-01-04T18:11:00.000-06:002009-01-04T18:11:00.000-06:00(see, e.g. Carole Keeton Mustafa Gomez Jones Stray...<I>(see, e.g. Carole Keeton Mustafa Gomez Jones Strayhorn Smith Chen Rylander).</I><BR/><BR/>If you think she's bad, just wait until her little weasel of a son makes an entrance into Texas politics...<BR/><BR/>http://www.chron.com/disp/story.mpl/politics/6193291.html<BR/><BR/><BR/><I>And if The Office is the prize, her last big gig, then what remains to motivate her to do anything other than what is best for the voters of Harris County?</I><BR/><BR/>But then again, if she has no further ambitions, what's to keep her from doing what needs to be done even if it's politically unpopular? A person with higher ambitions might tread softly on reform, because reform is unpopular in Texas and reformers generally don't get too far. So that argument cuts both ways.<BR/><BR/>She's promised to implement programs that her predecessors resisted for years, and she's drawing fire for it. By the looks of it she has the ADAs on edge, and from my standpoint that's a Good Thing.*<BR/><BR/>*Nothing in this post is to be construed as an endorsement of Pat Lykos or an implication that I believe she will follow through with her promises...Rage Judicatahttps://www.blogger.com/profile/04765188025349228048noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-39179727683664087652009-01-04T10:48:00.000-06:002009-01-04T10:48:00.000-06:00That's a good question, Mark. My gut tells me tha...That's a good question, Mark. My gut tells me that Lykos has reached her zenith on the political ladder, but back in the day, she certainly had her political ambition. She abandoned her bench to run for Attorney General in 1994, where she went after her Republican opponent in the primary with a barrage of negative campaigning (sound familiar?).<BR/>I'm sure she does think she is there to serve the county, but I think her track record has also shown that she just likes power in general. Not that this is unusual for a career politician, I know.Murray Newmanhttps://www.blogger.com/profile/00662196272138109874noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-23116044846209684052009-01-04T10:18:00.000-06:002009-01-04T10:18:00.000-06:00It seems like politicians are always angling for t...It seems like politicians are always angling for the next gig (see, e.g. Carole Keeton Mustafa Gomez Jones Strayhorn Smith Chen Rylander).<BR/><BR/>A politician running in the primary for District Attorney might refrain from filing the lawsuit that will eliminate the other primary candidates from his party on the promise that he will get to be First Assistant, and then will be the party's pick for DA.<BR/><BR/>The question for all of you students of Pat Lykos is this: what's next for her? What's the prize that she has her eyes on?<BR/><BR/>And if The Office is the prize, her last big gig, then what remains to motivate her to do anything other than what is best for the voters of Harris County?Mark Bennetthttps://www.blogger.com/profile/04128739833441582127noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-64616946775758713282009-01-04T10:03:00.000-06:002009-01-04T10:03:00.000-06:00Careful, or you're going to foster the snitch/spy ...Careful, or you're going to foster the snitch/spy situation you're posting about. If you get too specific, they're going to know who's feeding you the details and/or people are going to talk when they see you talking about the office with anyone who is still there. You'll make targets out of them even more than they may already be.Rage Judicatahttps://www.blogger.com/profile/04765188025349228048noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-4987121182205821202009-01-04T01:58:00.000-06:002009-01-04T01:58:00.000-06:00Anon 11:28 p.m.,Please know that I will ALWAYS hav...Anon 11:28 p.m.,<BR/>Please know that I will ALWAYS have your back. My understanding is that this blog bugs the hell out of Lykos. Just as Mr. Magidson's honoring of my fellow firees bugged the hell out of her.<BR/>As long as I've got breath in my body, I will defend you all until the day I die.<BR/>My hope, however, is that she wakes up and realizes that she just took over the best damn District Attorney's Office in the Nation and will treat you all as the people who make her look good.<BR/>If she chooses not to, then she can always count on a certain bald headed ex-prosecutor to call her out on her screw ups.<BR/>Hopefully, she well let you all do what you were born to do, and that is prosecute.<BR/>The reason that we have the best defense attorneys in the the Nation is because we have the best DA's Office in the Nation. We all make each other better. No matter what side of the Bar you are on, you should have a healthy respect for the skill of your opponent. No blow hard politician can take that away.<BR/>I'm just agreeing that I've run her past sins into the ground at this point. However, if she wants to commit some new ones, trust me, I will call her out on it.<BR/>The ideal situation is that Jim regains his self-respect and starts running some interference for the people that used to hold him in such high esteem.<BR/>You guys just keep the faith and keep doing the fantastic job that you've been doing.Murray Newmanhttps://www.blogger.com/profile/00662196272138109874noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-68009128853972530532009-01-03T23:28:00.000-06:002009-01-03T23:28:00.000-06:00Anon and Murray:If she makes good choices, then fi...Anon and Murray:<BR/><BR/>If she makes good choices, then fine. If she makes selfish political choices that aren't in the best interest of the taxpayers she will pay. That pandering post misses the fact that she lied about her decisions and lied about why she has promoted who she has promoted and demoted. So as we stand, she hasn't done ONE thing in the best interest of the county tax payers other putting her washed up government leaches into office. So, Murray, pointing out her obvious bad choices isn't (which are daily much less ancient Anon 5:25) something that should stop. She and all her inept pandering whores read this blog, you should feel obligated to the prosecutors to point out her bad choices BECAUSE they can't. Seriously, she is more worried about her public perception than anything else. Why else would she be upset about Ken honoring those she fired to put her whores in place. You owe it to the prosecutors to continue to publish the bad choices she makes. Who else will? Donna- no, Maria- no, Don Smyth... Julian- I choke on my keyboard...... Take care of us Murray.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-20664374249146443512009-01-03T17:48:00.000-06:002009-01-03T17:48:00.000-06:00Anon 5:25 p.m.,Thank you for the kind words. Figu...Anon 5:25 p.m.,<BR/>Thank you for the kind words. Figuring out the pricing of cases has been one of the more trickier aspects of private practice, as I've already learned to some degree.<BR/>Regarding my battle with Lykos, I will make you a deal. I will lay off of her for everything she's done up to this point. If she wants to start treating my colleagues and friends that stayed at the Office with the dignity and respect that they have EARNED over the years and stop punishing them for who they supported, I will be the first person to applaud her and Jim.<BR/>But, if she continues to make a once great place to work into a place where all my old friends are miserable, you can bet that I'm going to say something about it.<BR/>So, the bottom line is that I will tone it down on my end, if she wants to tone it down on hers.<BR/>Fair enough?Murray Newmanhttps://www.blogger.com/profile/00662196272138109874noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-68298266223132243732009-01-03T17:25:00.000-06:002009-01-03T17:25:00.000-06:00Hey Murray,Let's move beyond this stuff. It is now...Hey Murray,<BR/><BR/>Let's move beyond this stuff. It is now ancient history.<BR/><BR/>You will do well in private practice, making more money than you would as a prosecutor. You are well respected by your former colleagues at the DA's office and by your former opponents who are now in the same situation as you are.<BR/><BR/>Because of your integrity, you stand out and you'll get referrals you never thought you would get.<BR/><BR/>Now that you're website is published, others can find you, so you are good to go.<BR/><BR/>Don't sweat the small stuff. The finances work themselves out over a period of six to twelve months. Be sure to charge the clients what you think you are worth. Do not undercharge. They will come up with the money if they want your services.<BR/><BR/>I learned some years ago that I was "undercharging" when the clients would have gladly paid twice a much for my time.<BR/><BR/>You'll be fine.<BR/><BR/>Give the Lykos stuff a rest. This has been a nasty year in Harris County with both Rosenthal and Siegler going into the crash and burn mode.<BR/><BR/>Either Lykos will succeed or drown after one term.<BR/><BR/>If a viable contender comes up in the next election, you may be back.<BR/><BR/>Lots of lawyers reading this blog, so I hope the majority of you (prosecution and defense) agree.<BR/><BR/>Mr. Newman is a man of integrity and we wish him well.Anonymousnoreply@blogger.com