tag:blogger.com,1999:blog-7566778230970156239.post5089468018952366421..comments2024-03-09T19:08:04.758-06:00Comments on Life at the Harris County Criminal Justice Center: Not "If" but "When:" A Lesson in ImproprietyMurray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.comBlogger52125tag:blogger.com,1999:blog-7566778230970156239.post-7741022897463670312017-03-03T14:10:55.966-06:002017-03-03T14:10:55.966-06:00I learned two things from this blog post.
1. To...I learned two things from this blog post. <br /><br />1. Tom Moran is not nearly as smart as Murray thought he was, and certainly not as smart as he thinks he is.<br /><br />2. Earl Musick is still a moron. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-33985547425528720442017-02-28T22:14:51.958-06:002017-02-28T22:14:51.958-06:00"I doubt she could find the Temple file even ..."I doubt she could find the Temple file even if she tried."<br /><br />The Temple files are physical objects that exist in the office. Can someone find them and tell us where they are? I'll eat my shoe if they're in Kim's office. Attorneynoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-22321093695030580322017-02-28T17:57:18.478-06:002017-02-28T17:57:18.478-06:00Ogg is delaying in hopes that media attention dies...Ogg is delaying in hopes that media attention dies down and she can further justify her actions by saying "look at all the time I spent reviewing it". She isn't doing anything on it. I doubt she could find the Temple file even if she tried. No one actually believes she is doing real criminal justice work. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-51270901671310668002017-02-28T13:14:26.248-06:002017-02-28T13:14:26.248-06:00I'm confused Murray.
Ogg is obviously conflic...I'm confused Murray.<br /><br />Ogg is obviously conflicted out so what could possibly change after 60 more days to review?<br /><br />WTF is she reviewing, exactly? No one has ever even implied that Temple was factually innocent except Team Temple?<br /><br />Perhaps Ogg realizes that there are irreparable consequences for dancing with the Devil?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-80110452867626609742017-02-28T10:56:45.826-06:002017-02-28T10:56:45.826-06:00Anon 12:30 re :
4. Ogg declares him innocent, but ...Anon 12:30 re :<br />4. Ogg declares him innocent, but judge refuses to dismiss (the Whammy sound from Press Your Luck goes here). <br /><br />Signing a Nolle is a ministerial act. If Judge Johnson were to refuse to sign, HCDAO could successfully mandamus her, compelling her to sign.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-86015807498391448492017-02-27T21:27:14.647-06:002017-02-27T21:27:14.647-06:00It looks like Ogg is going to wait to see how much...It looks like Ogg is going to wait to see how much money Dick can take in for her on Thursday evening before she makes a decision. I can't wait to see what her number is on the cost of a dismissal. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-6819066446622600182017-02-27T19:33:08.838-06:002017-02-27T19:33:08.838-06:00Sorta like in the Andrea Yates case.How the lawyer...Sorta like in the Andrea Yates case.How the lawyer was working for the DAs office then became her defense attorney after the first trial,InterestingAnonymoushttps://www.blogger.com/profile/14673641503552946286noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-22251452860755788222017-02-27T19:17:12.691-06:002017-02-27T19:17:12.691-06:00http://m.chron.com/news/houston-texas/article/Ogg-...http://m.chron.com/news/houston-texas/article/Ogg-Decision-on-whether-to-retry-Temple-case-10963803.php<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-24231845707970772792017-02-27T16:31:03.290-06:002017-02-27T16:31:03.290-06:00Appropriate answer:
5. Ogg recuses HCDAO, AG ret...Appropriate answer:<br /> <br />5. Ogg recuses HCDAO, AG retries Temple and Temple is convicted for the murder of his wife and baby<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-71452966151072043302017-02-27T12:30:39.288-06:002017-02-27T12:30:39.288-06:00So there is an avenue for Ogg to contribute to his...So there is an avenue for Ogg to contribute to his availability for compensation, but she would have to find that "no credible evidence exists" of his guilt and that she believes that he is actually innocent. And then the judge would have to dismiss. <br /><br />I'm not sure she has the audacity to go that far. We're not even talking partisan politics, or bought and paid for politics here. This would be outright sold-her-soul politics. I'm not convinced of his guilt, but I think theres enough evidence to try him on. <br /><br />I gotta' say I'm looking forward to her ruling. Maybe the timing of the announcement and fundraiser is because she's going to take all of that Deguerin/Looper money first, and then say she's going to prosecute him again? <br /><br />I wonder what the over/under is on Ogg filing such a pleading, and then the judge refusing to dismiss, forcing an acquittal (after the prosecution tanks the case to honor Ogg's agreements), preventing him from getting any money?<br /><br />Can we get a poll? <br /><br />1. Ogg Retries Him (with the HCDAO);<br />2. Ogg Retries Him (with the AG or special prosecutor);<br />2.a That prosecutor is Ketier or some other member of the 38 who stayed in town;<br />3. Ogg declares him innocent, and judge dismisses (sound of cash register goes here); or<br />4. Ogg declares him innocent, but judge refuses to dismiss (the Whammy sound from Press Your Luck goes here). <br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-38629904475960622872017-02-26T14:55:12.759-06:002017-02-26T14:55:12.759-06:00Graves was declared innocent by a court. Graves was declared innocent by a court. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-49943354440995145582017-02-26T14:08:36.086-06:002017-02-26T14:08:36.086-06:00Actual compensation statute!
http://www.statutes...Actual compensation statute! <br /><br />http://www.statutes.legis.state.tx.us/Docs/CP/pdf/CP.103.pdfAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-3549399057630691382017-02-25T23:59:57.380-06:002017-02-25T23:59:57.380-06:00Anon 6:29 has apparently never heard of Anthony Gr...Anon 6:29 has apparently never heard of Anthony Graves.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-44641895699192441412017-02-25T18:33:41.192-06:002017-02-25T18:33:41.192-06:00Man, if this blog is the new resource for Appellat...Man, if this blog is the new resource for Appellate, the Ogg Administration has even worse problems than I initially thought, Anon 6:29 p.m.Murray Newmanhttps://www.blogger.com/profile/00662196272138109874noreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-45407026847097959002017-02-25T18:29:39.331-06:002017-02-25T18:29:39.331-06:00Anon 11:38 - please provide a ccp or case cite.Anon 11:38 - please provide a ccp or case cite.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-73945744108027740462017-02-25T11:38:11.525-06:002017-02-25T11:38:11.525-06:00Anon 2:43, she can indicate on the nolle that he i...Anon 2:43, she can indicate on the nolle that he is actually innocent, and that will be enough to get him exoneration compensation. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-78784780609989706532017-02-25T08:50:09.822-06:002017-02-25T08:50:09.822-06:00@Anonymous 2:43, she doesn't have that authori...@Anonymous 2:43, she doesn't have that authority. She will simply choose to dismiss charges and not retry the case. David Temple will be off the hook (for now), but still have that cloud looming over him of if he will be prosecuted again.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-17439763557756024002017-02-24T14:43:35.645-06:002017-02-24T14:43:35.645-06:00What authority does a DA have to declare someone a...What authority does a DA have to declare someone actually innocent?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-51397916805180499562017-02-24T09:08:01.658-06:002017-02-24T09:08:01.658-06:00Murray points out that there's a difference be...Murray points out that there's a difference between what might pass legal muster and what would pass the stink test here. If the voters want better governance, they'd better demand it by requiring these nest feathering fools like Ogg be held accountable, just like Anderson was in the DWI case. Ogg's purse strings courtesy of Soros and outside interests show no need for such early fund raisers and one held by someone with so much at stake in a case under review seems outlandish. So to the Tom's of the world with their mercenary tactics, be on notice that short of retrying the case, this isn't going away. The victim's family is disgusted by how the case is being treated and rightfully so, a great many more will join them in making their voices heard should Ogg do what Murray suggests is going to happen.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-45314774230870319882017-02-24T09:04:12.327-06:002017-02-24T09:04:12.327-06:00I hate comments like "I have the balls to sig...I hate comments like "I have the balls to sign my name". You think you'd have those same balls if your boss would fire you in a second for publicly speaking out against her? Or maybe as a defense attorney, not being so close with Ogg as you, where speaking out could hurt your clients or practice? These discussions can only happen due to the option of being anonymous. Hell some of the best reporting and news stories came about due to people/sources remaining anonymous. No offense but it doesn't take balls to stand up and declare your allegiance/support for a candidate that is not your boss, just won the election, and is in power for the next (miserable) 4 years. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-19890033017826350242017-02-24T08:15:16.096-06:002017-02-24T08:15:16.096-06:00If Ogg files a dismissal that asserts that Temple ...If Ogg files a dismissal that asserts that Temple is "actually innocent," that will, for all practical purposes put an end to the case. Even if a later DA or grand jury wanted to pursue Temple, can you imagine how difficult any such prosecution might be with a pleading in the file, signed off on by the DA and approved by a district judge, that asserted that Temple was innocent? Never mind that any such dismissal will also qualify Temple for compensation under the Wrongful Conviction statute. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-87851339780775817722017-02-23T22:41:06.632-06:002017-02-23T22:41:06.632-06:00The new grand jury procedures put an end to the pr...The new grand jury procedures put an end to the professional grand jurors, like the one who led the charge against Medina. <br /><br />But Ogg's successor could certainly charge him. <br /><br />As for her recusal, why do it in 400 other cases but not this one? If the others justified it, certainly the Temple case does, because it's even more of a hot mess. <br /><br />From her hires to this fundraiser, there is more than the appearance of impropriety. <br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-67243102435925321552017-02-23T21:46:39.051-06:002017-02-23T21:46:39.051-06:00Anon:3:15 hit the nail on the head. Don't thi...Anon:3:15 hit the nail on the head. Don't think it could happen? David Medina was re-indicted for arson by an independent thinking grand jury after the HCDAO dismissed the case.<br /><br />There have been plenty of instances dating back to at least the Holmes era where a grand jury has done there own thing, HDAO be damned.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-70443102816487535332017-02-23T17:59:54.999-06:002017-02-23T17:59:54.999-06:00Sorry, Tom. As much as I love you and respect you...Sorry, Tom. As much as I love you and respect you, I have to agree with Murray. This whole thing stinks and, unfortunately, I think the Lucas' are going to pay that price. Luci.Lucinoreply@blogger.comtag:blogger.com,1999:blog-7566778230970156239.post-25685368355456928432017-02-23T16:55:06.044-06:002017-02-23T16:55:06.044-06:00Seriously, Tom? I don't even know where to be...Seriously, Tom? I don't even know where to begin with this, but I'll give it a shot. I may just need to write a separate blog post.<br /><br />First of all, let's start with "your friend was hammered for hiding or releasing too late exculpatory information". You are entirely too smart and too well versed to be making use of such semantics, my friend. The narrowly split-decision finding was that the information in question wasn't released in a timely manner. Fair enough, but let's not overstate the real impact of that finding. Team Temple's argument that this merits never retrying the case again is akin to a runner who lost a race by thirty minutes arguing that the five second head start by the winner is why they lost. The losing runner may be entitled to a rematch but claiming that they are the fastest runner is pretty big stretch of the imagination.<br /><br />Second, let's not act like the law isn't a consistently evolving creature. I've been a defense attorney for a whopping eight years and even during my brief tenure, the rules of discovery have vastly changed. For instance, prior to the Michael Morton Act, prosecutors in Brazos County never allowed defense attorneys to even LOOK at the offense report, until (and if) a witness testified that they had used it to refresh their memory. The laws have changed and they have changed for the better, but I would hold off on vilifying individuals who get singled out for some pretty damn common practices from the old days. <br /><br />Third, I totally fail to see your logic in the comparisons to the other cases your firm handled. They seem like comparisons to apples and oranges to me. I agreed with the rulings on the case involving the improper jury argument and I applauded Judge Bond's decision on my blog post that I did for Fault Lines. I'm not familiar with the ballistics case, but I would have no dispute that unfair testimony calls for a new trial. I fail to see how that relates to Temple. You know as well as everyone else that cases get reversed all the time, but that doesn't automatically bar retrial without more. The problem here is that Team Temple keeps inferring that there is that "more" when there isn't. It's disingenuous how you've gone from demanding a new trial to just demanding a dismissal. It's also disingenuous how Team Temple made such a huge argument to recuse the previous Harris County D.A. when they found her unfriendly to their calls for dismissal, but now they insist the current one should be the sole decider.<br /><br />And finally, "As for what you call her "ultrasecretive" handling of the Temple case, I don't recall any district attorneys or US attorneys or US attorneys general making decisions on major cases in public." Are you freaking kidding me? District and US attorneys absolutely make their decisions public in something called "a trial." And that's the very basis of our Criminal Justice System. When they make the decision to try something, they put their evidence in a public hearing that 12 members of the community grade. Period.<br /><br />Kim Ogg is going to bury this case for reasons other than Justice and that's what makes me sick. And she's not stupid. She's burying it very early in her administration with the hopes that it is but a distant memory when she runs for re-election in 2020. Sadly, it very well may be.<br /><br />I understand that you are a member of Schneider and McKinney and you are biased, just as I am. But dammit, Tom, getting a case dismissed because you are buddies or gave money to the D.A. or hosted a fundraiser for the D.A. isn't Justice. It's corruption. There is no way around that. <br /><br />I am so disappointed to see you argue otherwise.<br /><br />Murray Newmanhttps://www.blogger.com/profile/00662196272138109874noreply@blogger.com