tag:blogger.com,1999:blog-75667782309701562392024-03-10T22:23:14.403-05:00Life at the Harris County Criminal Justice CenterAn insider's view of what is really happening in the Harris County Criminal CourtsMurray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.comBlogger1409125tag:blogger.com,1999:blog-7566778230970156239.post-48479063306375416032024-03-09T20:41:00.003-06:002024-03-09T20:54:04.065-06:00Episode Seven: The Voters Awaken - A One Act -Sci-Fi Play<p>SCENE: The Death Star orbits over Downtown Houston. [INTERIOR] The Imperial Council Chambers. EMPRESS OGG sits at the head of a long table with her council advisors lined down each side. It is STARDATE MARCH 5 - T-MINUS 20 seconds</p><p><br /></p><p>EMPRESS OGG: Beloved minions, we stand on the precipice of what will be a great and lengthy battle --</p><p>THE SPACE DOOR OPENS AND VICE-ADMIRAL MITCHAM HURRIES IN.</p><p>VICE-ADMIRAL MITCHAM: Okay, we lost.</p><p>(STUNNED SILENCE)</p><p>EMPRESS OGG: What do you mean "we lost," Vice-Admiral? The battle literally began two seconds ago.</p><p>VICE-ADMIRAL MITCHAM: Yep, war's over. We lost. The stats have us trailing at 21% of our battalions fighting as opposed to Qui-Gon Teare's 78%.</p><p>EMPRESS OGG: That's impossible. I refuse to believe it. How can it be? We can mount a comeback, can't we?</p><p>CAD DANE: Let me crunch some numbers, your Oggness. [DANE STARTS TYPING INTO A TABLET]. Let me see . . . if every voter who voted today voted only for you and none of them voted for Teare . . . [SETS DOWN TABLET] . . . yeah, still no. We lost.</p><p>EMPRESS OGG: But, but, but what about the Klingon Crossover Troops that were promised to us by the Palmer-Hoopians?</p><p>CAD DANE: yeah, they aren't really in this universe. Turns out that Don Don Hooper wasn't actually a general, either. He was just an unemployed loser mooching off of his wife's salary while calling himself a Prominent Klingon Activist.</p><p>EMPRESS OGG: But all the money I funneled to Count Rachel had to have counted for something!</p><p>VICE-ADMIRAL MITCHAM: well, it did seem to really piss off the Jedi Caucus.</p><p>EMPRESS OGG: Those fools. I am the only one who has been <i style="font-weight: bold;">truly</i> Jedi all along. They should have rallied behind me. </p><p>VICE-ADMIRAL MITCHAM: yeah, they didn't rally behind you four years ago either.</p><p>EMPRESS OGG: SILENCE!!! Vice-Admiral King, why do you seem so calm in all of this? Don't you see that we are headed toward destruction?!?!?!</p><p>VICE-ADMIRAL KING (STARING AT HER OWN TABLET): Hmm? I'm sorry. Did you say something?</p><p>VICE-ADMIRAL MITCHAM: Empress Ogg, perhaps you are unaware that Vice-Admiral King has been planning on launching Escape Pod 486 for some time. She is waiting for it to charge to just over 50% so she can make her getaway. Right now she is at 47%.</p><p>VICE-ADMIRAL KING: You shut up, New Tom Berg. You don't know what time I make my escape from this dumpster fire.</p><p>EMPRESS OGG: How could you, Vivian?</p><p>BARBARA THE STRONGARM: Empress, she started up her own cable access show again over a year ago. Surely you knew she was campaigning.</p><p>EMPRESS OGG: Is it any better than Sisters-in-Law?</p><p>BARBARA THE STRONGARM: No.</p><p>EMPRESS OGG: All of my talking points! How could this possibly be? Anna the Carpenter, what is the meaning of this? I paid you a county salary <b><u>and</u></b> out of my political campaign for better results than this. What did you do and Cad Dane do with your time?</p><p>ANNA THE CARPENTER: Mostly trolled your political enemies on Twitter using fake names.</p><p>EMPRESS OGG: And you, Stine the Baker, what do you have to say for yourself? You were supposed to deliver me this election like all of the Republicans you have historically worked for promised me.</p><p>STINE THE BAKER: Well, um, we tried but there were some things that the troops didn't really approve of.</p><p>EMPRESS OGG: LIKE WHAT?!?!?</p><p>STINE THE BAKER: So, yeah, like you know how you spent the entirety of the pandemic blaming all of the Judges for everything?</p><p>EMPRESS OGG: Yes. The Klingons loved it.</p><p>STINE THE BAKER: Well, the Klingons don't really participate in this universe.</p><p>EMPRESS OGG: But I had the support of Andy Kahan!</p><p>CAD DANE: He's a Klingon.</p><p>EMPRESS OGG: Alexandra del Moral Mealer?</p><p>VICE-ADMIRAL MITCHAM: Klingon.</p><p>EMPRESS OGG: Randy Wallace? Bob the Choad and his anonymous band of merry Klansmen on Twitter? They all said if I took out Lina the Hidalgo they would support me!</p><p>VICE-ADMIRAL MITCHAM: All Klingons.</p><p>CORPORAL LEITNER: Vice-Admiral King, two questions.</p><p>VICE-ADMIRAL KING: Go ahead.</p><p>CORPORAL LEITNER: First, how is the Escape Pod 486 charging going and also, are you looking to hire a court coordinator?</p><p>VICE-ADMIRAL KING: Still stuck at 47% and no.</p><p>EMPRESS OGG: How dare you, Corporal Leitner? You are the one who got me into this mess with your mismanagement of intake. </p><p>CORPORAL LEITNER: Forgive me, Empress! I did the best I could with the budget you gave me. When you gave all of the funding to your Upper Council instead of hiring more intake prosecutors, I had to improvise.</p><p>EMPRESS OGG: You set up an automated answering service for the intake line that said "Thank you for calling Kim Ogg's Harris County District Attorney's Office. We are unable to take your call at this time, but we accept your charges!"</p><p>CORPORAL LEITNER: Yes, but it was recorded in <i>your</i> voice so the officers would know you were on their side!</p><p>THE DOOR OPENS AND A VERY AGITATED JAR JAR ROGERS COMES RUNNING INTO THE CHAMBERS.</p><p>JAR JAR ROGERS: Mooey mooey Empress Ogg! Say it isn't so! Say it isn't so! </p><p>EMPRESS OGG: What have you heard, Jar Jar?</p><p>JAR JAR ROGERS: Theesa Jawas! They allsa be smiling! Jar Jar didn't even knowsa that Jawas had mouths!</p><p>EMPRESS OGG: I didn't know that either, come to think of it.</p><p>JAR JAR ROGERS: Thensa I turned on the news and I seesa Mark Goldberg at Qui-Gon Teare's Victory Party negotiating a surrender!</p><p>EMPRESS OGG: What?!?! Who authorized Goldberg to authorize a surrender on my behalf? This is like when he sent out that e-mail demanding all the Jawas work a campaign event from my e-mail account that he didn't even have the password for.</p><p>CAD DANE: I'll call him. [CAD DANE DIALS A NUMBER INTO HIS CELL PHONE]. Mark? Mark, what are you doing at Qui-Gon Teare's Party? The Empress has not authorized a concession to surrender . . . What? Oh . . . I see . . . okay. Bye.</p><p>EMPRESS OGG: What did he say?</p><p>CAD DANE: He's just negotiating his own surrender.</p><p>EMPRESS OGG: That weasel.</p><p>CAD DANE: Yeah, he said the Weasel is at Teare's Party too.</p><p>EMPRESS OGG: I still don't understand how this could have happened.</p><p>STINE THE BAKER: Well, the Indivisible Squadron seems to have also had a pretty strong influence on this, as well as a lot of former Jawas that you ran out of the organization when they wouldn't give you their cell phones. Additionally, Lina the Hidalgo was far more powerful than you realized when you took her on and lost. And the general public <i>really</i> didn't like that yellow outfit you keep wearing.</p><p>EMPRESS OGG: The one with my Victory Sleeves?</p><p>STINE THE BAKER: yeah. Not polling well.</p><p>CORPORAL LEITNER: Vivian, where we at on those numbers?</p><p>VICE-ADMIRAL KING: Still stuck at 47%. At this rate, I'm never getting out of here. [VICE-ADMIRAL KING BEGINS BANGING THE TABLET ON THE TABLE]. Stupid tablet, I'm going to sue you. I'm Board Certified!</p><p>EMPRESS OGG: Vice-Admiral King, you are excused. I will see you at my victory party.</p><p>VICE-ADMIRAL KING [GETTING UP TO LEAVE]: Um, yeah. Sorry, but I gotta go home and finish watching Sisters-In-Law to see how it ends?</p><p>EMPRESS OGG: You were on the show. You don't remember?</p><p>VICE-ADMIRAL KING: Yeah, I was drinking a lot back then.</p><p>EMPRESS OGG: At least I know that Vice-Admiral Mitcham will stick by me. We have always been together, David. I appreciate that.</p><p>VICE-ADMIRAL MITCHAM: Well ever since you had me "Execute Order 66" on Qui Gon Teare's personnel file, I'm pretty much as screwed as you are.<br /></p><p>EMPRESS OGG: A little creative writing never hurt anyone, Vice-Admiral.</p><p>VICE-ADMIRAL MITCHAM: um, yeah. Well, either way, we're both screwed.</p><p>EMPRESS OGG: We're screwed because we have powerful enemies.</p><p>CAD DANE: Most of these "powerful enemies" used to be your allies.</p><p>EMPRESS OGG: Be that as it may, they never expected me to my job so super duper well that they would come to hate me. Everyone says that people love to stare at the sun until it burns their eyes.</p><p>VICE-ADMIRAL MITCHAM: Pretty sure no one ever said that.</p><p>EMPRESS OGG: About staring into the sun?</p><p>VICE-ADMIRAL MITCHAM: No, that you did a did a super duper job.</p><p>EMPRESS OGG: this is a scary lesson for the universe, my people. If a simple girl from a wealthy and privileged background isn't allowed to use her position to persecute her enemies, betray her allies, and spend public funds on her private friends, I don't know why anyone would want to seek public office. What more could people possibly expect of us? </p><p>THE SPACE DOOR OPENS AND VICE-ADMIRAL KING WALKS BACK IN.</p><p>EMPRESS OGG: I thought you left.</p><p>VICE-ADMIRAL KING: Damn Escape Pod 486 is still stuck at 47%. I'm going to be here awhile longer.</p><p>EMPRESS OGG: As will I. Vice-Admiral Mitcham, have the Jawas meet me tomorrow for a speech in which I will both console and terrify them. I know they must be heartbroken. Tell them we still have nine months to go and I still have much power.</p><p>VICE-ADMIRAL MITCHAM: Yes, Empress.</p><p>EMPRESS OGG: And call Grand Moff Abbott on Planet Austin. Tell him my mission is almost finished here and I will be returning back to the Fold.</p><p><br /></p><p>THE END (HOPEFULLY)</p><p><br /></p><p><i><b>SEE PREVIOUSLY:</b></i><br /><i><br /></i><i><a href="https://harriscountycriminaljustice.blogspot.com/2017/01/the-phantom-kimness-one-act-sci-fi-play.html">Episode One: The Phantom Kimness</a></i><br /><i><br /></i><i><a href="https://harriscountycriminaljustice.blogspot.com/2017/03/episode-two-attack-of-clowns-one-act.html">Episode Two: Attack of the Clowns</a></i><br /><i><br /></i><i><a href="https://harriscountycriminaljustice.blogspot.com/2017/04/episode-three-revenge-of-fifth.html">Episode Three: Revenge of the Fifth (Amendment)</a></i><br /><br /><i><a href="https://harriscountycriminaljustice.blogspot.com/2019/11/episode-four-glimmer-of-hope-one-act.html">Episode Four: A Glimmer of Hope</a></i><br /></p><p><u><a href="http://harriscountycriminaljustice.blogspot.com/2020/03/episode-five-empress-strikes-out.html"><i>Episode Five: The Empress Strikes Out</i> </a></u></p><p><i><a href="https://harriscountycriminaljustice.blogspot.com/2020/12/episode-six-return-of-jury-one-act-sci.html">Episode Six: Return of the Jury</a></i></p><p><i><br /></i></p><p><i><br /></i></p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com0tag:blogger.com,1999:blog-7566778230970156239.post-46030866990503616352024-02-19T10:57:00.003-06:002024-02-19T10:59:01.863-06:00The Contested Primaries 2024<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiYzz1wBQ50RDfmbBIIeK8YtgibkCUiV_cCaxVGd8HOIGd1qKzjwyjBTKhhbKbw-qGvLRhrrdC_8yg8oz7yor27h3cJRE7yKWtH6R1KRCT3gga8uTaNAKNK3um5BBhgnblE7hqsajgBpWb36seMvwrQ54MDtx-RYegYRlQkL5DD1DLkZTS4fILYjg3whMI/s1096/Screenshot%202017-09-16%2016.25.55.png" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="702" data-original-width="1096" height="205" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiYzz1wBQ50RDfmbBIIeK8YtgibkCUiV_cCaxVGd8HOIGd1qKzjwyjBTKhhbKbw-qGvLRhrrdC_8yg8oz7yor27h3cJRE7yKWtH6R1KRCT3gga8uTaNAKNK3um5BBhgnblE7hqsajgBpWb36seMvwrQ54MDtx-RYegYRlQkL5DD1DLkZTS4fILYjg3whMI/s320/Screenshot%202017-09-16%2016.25.55.png" width="320" /></a></div><p>In addition to the extremely heated battle for Harris County District Attorney, there are only a handful of other races within the Criminal Justice Center. Just because the District Attorney's Race is getting all of the attention these days doesn't mean that those races aren't extremely important. </p><p><b><u>Republican Primary</u></b></p><p>With the exception of former Assistant District Attorney and current Defense Attorney Tonya Rolland McLaughlin running for place 4 on the 14th Court of Appeals, there aren't any contested races on the Republican side that have a direct impact on CJC. If you find yourself voting in the Republican Primary, I highly recommend Tonya. She's a great candidate who has the perspective of both the Defense and Prosecution sides of things and she also someone with experience in both the trial side of a case as well as the appellate side. </p><p>There is a contested race for Sheriff, but I don't really know any of the candidates enough to speak on it. I don't think they will have much chance against Ed Gonzalez in November, anyway.</p><p><b><u>Democratic Primary</u></b></p><p><b><u>County Court at Law # 16: Juan Aguirre vs. Ashley Guice</u></b></p><p>With current Judge Darrell Jordan not seeking re-election, this is an open bench for 2024 and it has two very strong candidates running for it with Juan Aguirre and Ashley Guice. Both are former prosecutors and practice criminal defense. Both are great people. This is one of those situations that I have run into before where I wish they were running for separate benches rather than against each other, because I think very highly of them both.</p><p>Ashley has previous judicial experience having previously filled an unexpired term on a County Court bench. I had a case or two in front of her when she was on the bench there and it was a pleasant experience. She worked hard on keeping cases moving forward, but she was not inflexible if a case needed a reset to get something important done. I think she was a good judge before and I have absolutely nothing negative to say about her.</p><p>As I have said before, however, her opponent Juan Aguirre, is one of the best people I know. He and I have known each other for over twenty years and he is someone that I admire greatly and think he would make a phenomenal judge. I worked with Juan at the District Attorney's Office and I have practiced alongside him as a defense attorney. He is one of those people who is the first in line to volunteer and lend a hand when someone needs help. He is a calm and thoughtful person who is devoted to seeking justice and doing the right thing. I am proud to call him my friend. He would make a phenomenal judge.</p><p>My vote in this race goes to Juan Aguirre</p><p><b><u>338th District Court: Allison Mathis vs. Ramona Franklin</u></b></p><p>The choice for the 338th District Court could not be more obvious as political newcomer and defense attorney Allison Mathis takes on incumbent Ramona Franklin. Ramona Franklin is, to put it bluntly, the worst judge to have ever occupied a bench in Harris County, Texas. Don't get me wrong, she's had some strong competition, but never have I seen a judge who so unabashedly ignores the Constitution and a Defendant's right to counsel like Franklin. Whether it be her refusal to come into the courtroom and preside even after the main threat of Covid had passed, to refusing to allow defense attorneys to stand in court with their clients, or her whimsically raising the bonds and taking defendants into custody after they had already made bond, Ramona Franklin either doesn't understand the law or she simply has no interest in following it. </p><p>If you are even remotely undecided about whether or not Franklin deserves your vote, please read <a href="https://harriscountycriminaljustice.blogspot.com/2021/05/judge-ramona-franklin-and-338th-star.html">this post I wrote in 2021 about a showdown</a> that the Harris County Criminal Lawyers' Association had to have with her. Read it and pray that you or a loved one never finds yourself accused of a crime in her court. </p><p>By contrast, her opponent Allison Mathis knows the law and strongly believes in the accused's presumption of innocence. She has worked (literally) all over the world in different jurisdictions while defending clients and she takes her duties extremely seriously. She's also a very brilliant legal mind. I only met Allison a few years ago, but I have worked closely with her on several projects through HCCLA. She is the first person I call when a difficult legal issue needs to be addressed and she always devotes her full energy to resolving it. The <i>Houston Chronicle</i> endorsed her by saying that any qualified candidate would be better than Franklin, which (although I understand the sentiment) I think doesn't give Allison enough credit. She'd be an outstanding candidate in whatever race she was running in. But in this race in particular, she couldn't be more of the clearer choice.</p><p>My vote in this race goes to Allison Mathis.</p><p><b><u>486th District Court: Gemayel Haynes vs. Vivian King vs. Roderick Rodgers</u></b></p><p>Last year, the Legislature created three new District Courts and the Governor appointed three Republican judges to all of them. All of them are on the ballot this year and all of them have Democratic challengers. For some reason, the 486th has three candidates vying for the Democratic nomination while the other two are uncontested in the primary.</p><p>Much like the race for the 338th, the choice in this race is also very clear as former prosecutor and Harris County Public Defender Division Chief Gemayel Haynes is the best candidate for the job by a mile.</p><p>I don't normally subscribe to the idea of guilt by association but Roderick Rodgers is the husband of the above-mentioned Ramona Franklin, who as noted above, is the worst judge I've ever seen on the bench in Harris County. Additionally, he's only been licensed since 2016 and currently is a prosecutor in Fort Bend. He doesn't even practice in Harris County and I can't think of any reasons why anyone would think he should be on the Bench here.</p><p>And then we have Harris County District Attorney Chief of Staff Vivian King and I'm not even sure where to begin here. </p><p>Vivian used to be a pretty respected defense attorney in Harris County, but over the past ten years or so, that all started to slip away from her for some reasons. It started off when she went on the <i>Sisters-in-Law </i>reality series that profiled her and other defense attorneys in Harris County. Vivian established at herself as a hard-drinking ego maniac with some fairly strong anger issues. It wasn't a good look. As if that weren't bad enough, she then went to work for Kim Ogg as the Chief of Staff. Speaking of guilt by association, Vivian has been the second in command of an erratic and terrible office. Who can forget her <a href="https://harriscountycriminaljustice.blogspot.com/2020/03/the-changing-shape-of-things-part-one.html">wildly entertaining call to me</a> in the early days of the COVID-19 pandemic when she threatened to sue me and grieve me for criticizing her!</p><p>She has long lost touch with the idea of what it takes to be an effective trial attorney and was <a href="https://www.houstonchronicle.com/news/investigations/article/harris-county-da-kim-ogg-s-chief-staff-blames-18519680.php">recently in the news for having failed to file a petition for a client she was representing</a> after telling him that she would do so. She only missed the deadline by seven years! Her behavior was excused by the above-mentioned Ramona Franklin, but not so much by the Texas Court of Criminal Appeals who issued a stinging rebuke of both Franklin and Vivian for the colossal screwup. </p><p>Vivian's self-promoting website advertises her as a television personality. That's probably what she should stick to. Her behavior is far too erratic to be on a Bench where she decides peoples' lives.</p><p>Luckily in this contest, we have Gemayel Haynes, who is everything the other two candidates are not. Gemayel is a former prosecutor and a current defense attorney who has the perfect amount of experience to sit on the bench. Additionally, he is a calm and thoughtful presence who has always sought to do the right thing during the time that I have known him. He is a good man and a great candidate and far and away the best choice in this race.</p><p>My vote in this race goes to Gemayel Haynes.</p><p><b><u>Harris County Sheriff's Office</u></b></p><p>I don't know any of the candidates running against incumbent Sheriff Ed Gonzalez, but I know Ed Gonzalez. He's had a lot of things thrown at him since he's been Sheriff and he has handled them better than anyone else possibly could have. It's a tough job and things can always be improved, but I can't imagine anyone doing it better than he has so far.</p><p>My vote in this race goes to Sheriff Ed Gonzalez.</p><p><br /></p><p><b><u>Harris County District Attorney</u></b></p><p>This one is a No Brainer as per <a href="https://harriscountycriminaljustice.blogspot.com/2024/02/why-it-is-time-for-kim-ogg-to-go.html">my last post</a>.</p><p>I spend a lot of time telling people why Kim Ogg needs to go, but you should also know that Sean Teare is the one and only candidate in this race that can actually save the Harris County District Attorney's Office.</p><p>I've known Sean Teare since (literally) the day he passed the Bar Exam and I'm very proud to call him a friend. He's a good man and a good leader. During his time as a prosecutor, he led the Vehicular Crimes Section of the Office, spending countless hours making crime scenes where people had been killed by intoxicated drivers. Unlike his opponent, he went to trial and knew the courtroom was not just there for press conferences. He was well-liked by those who worked with him and for him and he knew how to boost the morale within an otherwise depressing office.</p><p>So many of us who used to work at the Office see in Sean Teare the hope that he can restore that Office's reputation and improve the quality of prosecution and justice that comes from it. I have no doubt that he can accomplish that. As I've said before, everyone benefits from an experienced and professional District Attorney's Office -- even the Defense Bar. We have been lacking that under the Ogg Administration and are looking forward to things getting back to good under the Teare Administration.</p><p>My vote in this race goes to Sean Teare.</p><p><br /></p><p>This year's ballot for the Democratic Primary is short but it couldn't be more important. Please get out and vote and encourage your friends and family to get out there and vote, as well. It is time for a change and never has there been a better opportunity to drastically improve the State of Criminal Justice in Harris County.</p><p><br /></p><p><br /></p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com2tag:blogger.com,1999:blog-7566778230970156239.post-12483309736570583342024-02-17T09:00:00.002-06:002024-02-17T10:51:09.114-06:00Why It Is Time for Kim Ogg to Go<p>I‘m always amused when I see my name attached to the label of "Frequent Ogg Critic" in articles where I comment on Kim Ogg's job performance as Harris County District Attorney. I am quick to point out that I didn't start out as a critic of hers -- quite the opposite, actually. I voted for her in 2016 and I was public about my support for her, much to the disapproval of a lot of my friends.</p><p>My criticisms of Kim have been earned over the years and they've all been based on what I've seen her do in her professional capacity. It isn't personal. It's not like she ran over my dog or prosecuted a beloved family member.</p><p>Dane "<a href="https://harriscountycriminaljustice.blogspot.com/2022/01/dane-schiller-kim-oggs-minister-of.html">Dudegoggles</a>" Schiller, Anna "She Persisted" Carpenter, Joe "How Dare You?" Stinebaker and the other assorted members of her campaign team who receive taxpayer salaries to spin for Kim like to tell reporters that they should remember that I'm a "twice-fired, disgruntled Republican ex-prosecutor" any time I'm quoted in the news. But that description is dishonest. I was fired by Ken Magidson at the behest of incoming D.A. Pat Lykos for some things written in the comments on my blog disparaging Lykos. It had nothing to do with my job performance, and my beef was with Ken and Lykos. Kim Ogg had nothing to do with my departure from my office. </p><p>I was certainly disgruntled towards Pat Lykos for a great many years and I wasn't shy about expressing that on this blog. That being said, the way Kim Ogg has dismantled the Harris County District Attorney's Office has made Pat Lykos look like Atticus Finch by comparison. </p><p>And that's saying something. I never thought I'd miss the stability and integrity of the Lykos regime.</p><p>As far as me being a Republican, I will admit that prior to the arrival of Donald Trump, I voted mostly for Republican candidates and in Republican primaries. But, I think the Right Wing crazies on Twitter will more than attest that I don't align with today's Republican values by any stretch of the imagination. </p><p>Kim's credentials as a Republican are far stronger than mine ever were.</p><p>So, where exactly did Kim Ogg lose my support? It wasn't one single thing. Here are the highlights of the things that Kim Ogg has done to prove that she's the worst District Attorney that Harris County has ever elected.</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg9XE0WCAwCHNNJfqtZtS1iogC9GWODmmy21H8NBZUVw-GtToSED3yscbruZ5x6Gl3g7sR8lVOVtwxGEX5tVkQfdHlGe27a2FpLfFpHPY_F6lmvs5Hy-RtMhB9TjhYNwFk7bJZHrE9RQbZMBV5Yk25PAer8J_9eIwECUngG5p68lsOJYxIr0096OZ6nK4w/s349/Screen%20Shot%202020-06-25%20at%208.57.25%20AM.png" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="349" data-original-width="278" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg9XE0WCAwCHNNJfqtZtS1iogC9GWODmmy21H8NBZUVw-GtToSED3yscbruZ5x6Gl3g7sR8lVOVtwxGEX5tVkQfdHlGe27a2FpLfFpHPY_F6lmvs5Hy-RtMhB9TjhYNwFk7bJZHrE9RQbZMBV5Yk25PAer8J_9eIwECUngG5p68lsOJYxIr0096OZ6nK4w/s320/Screen%20Shot%202020-06-25%20at%208.57.25%20AM.png" width="255" /></a></div><br /><p><br /></p><p><b>1. The firing of 40 experienced prosecutors (<i><a href="https://harriscountycriminaljustice.blogspot.com/2016/12/bloody-friday.html">see Bloody Friday - December 17, 2016</a>)</i></b></p><p>Some people start off on the wrong foot, but Kim Ogg took that to new extremes before she even took Office. Prior to taking over, she let approximately 40 senior, experienced and skilled trial-proven prosecutors know that their contracts would not be renewed when she took office on January 1, 2017.</p><p>There had been rumors swirling that Pat Lykos had passed on advice to Kim that her biggest mistake when she was D.A. was not firing more people who might be disloyal to her. Lykos had made the foolish decision to keep prosecutors who knew what they were doing despite their political allegiances and that had cost her the election in 2012. Kim took that advice to heart and then some when she chose fealty over public safety by getting rid of the vast majority of senior prosecutors. </p><p>Quite frankly, her first misstep was the one that was most detrimental to the Office. In the 8 years since, the Office has lost case after case and made poor decision after poor decision because there was very little experience there to guide it. Ogg has spent the entirety of that time blaming everyone but herself for those failures -- from the jurors, to the Defense Bar, or, most prominently, the Judges.</p><p>This would be akin to a new owner taking over the Houston Texans and firing Demeco Ryans, C.J. Stroud, Tank Dell, Will Anderson, and the entire starting line ups on both sides of the ball . . . and then blaming the referees for a not winning games.</p><p><b>2. Using the Media to Make Allegations She Couldn't Back up in the Courtroom (<i><a href="https://harriscountycriminaljustice.blogspot.com/2016/12/victims-phone-calls-and-press.html">see Victims, Phone Calls and Press Conferences -- December 20, 2016</a>)</i></b></p><p>Ogg was still over a week away from taking office when she gave the public a very strong preview of how she planned to handle her administration when she called a press conference to denounce some of those same prosecutors she had decided to let go and threaten them with legal prosecution for what she perceived as them disparaging her. </p><p>In the wake of their impending termination, many of the senior prosecutors let the families of victims on their cases know that they would be leaving the Office. This is, without question, the professional and caring thing for a prosecutor to do. Victims and victims' families can become very reliant on prosecutors over the months (and sometimes years) that a case pends through the court system and good prosecutors actually care a lot of about those people too. I haven't been a prosecutor for over fifteen years now and I still stay in touch with many victims and victims' families from my time in the Office. </p><p>The departing prosecutors let these families know that new people were taking over their cases, which was 100% the classy and right thing to do. And Kim Ogg was so offended by it that she held a press conference, threatening those prosecutors with investigation and possible prosecution, which was as absurd as it was paranoid. </p><p>Sadly, Ogg's paranoia and penchant for press conferences have not decreased over the years.</p><p><b>3. Playing Games with the David Temple Case (<i>see <a href="https://harriscountycriminaljustice.blogspot.com/2017/01/kim-ogg-and-david-temple-decision.html">Kim Ogg and the David Temple Decision -- January 3, 2017</a> & <a href="https://harriscountycriminaljustice.blogspot.com/2017/01/the-one-woman-review-team.html">The One Woman Review Team -- January 6, 2017</a>)</i></b></p><p>Kim Ogg hadn't even unpacked in her new office when she made it clear that one of her new top priorities would be personally reviewing the David Temple case and deciding whether or not the D.A.'s Office would retry it. As you may recall, Temple had been granted a new trial after having been convicted of murdering his pregnant wife, Belinda, with a shotgun. Temple attorneys <a href="https://harriscountycriminaljustice.blogspot.com/2017/02/not-if-but-when-lesson-in-impropriety.html">Dick DeGuerin and Paul Looney hosted fundraisers from Kim Ogg</a> and two of her new employees, Steve Clappart and John Denholm had been actively involved in trying to pin Belinda's murder on a group of teens in the Katy area. She had multiple conflicts of interest in making a decision on the future of that case.</p><p>Rather than recuse herself and her office, she held onto it -- first announcing that she would head a review team on the case, and subsequently announcing that she would be the sole decider on it. Community pressure in the press and from a certain blog eventually led her to recuse herself, fortunately, but not before a lot of sleepless nights from Belinda Lucas' family. This case alone should make any critical thinker laugh out loud whenever Ogg announces she does her jobs for the victims of violent crime. She was looking for any possible way to dismiss the case as a favor to her political backers.</p><p>David Temple would go on to be tried again by the Attorney General's Office with prosecutors Lisa Tanner and Bill Turner. He was convicted and sentenced to life in prison -- again -- for the murder of his pregnant wife. Coincidentally, Kim Ogg ultimately fired every prosecutor who worked for the District Attorney's Office that ever handled the Temple case through the appellate process.</p><p><b>4. County Kickbacks for Friends and Supporters</b></p><p>Some of those prosecutors who did not have their contracts renewed chose to file unemployment claims against the county. That's not really an unusual thing and it has never been anything that I've been aware of the County pushing back on . . . until Kim Ogg came along. Ogg made the executive decision to fight the claims. </p><p>Rather than use the District Attorney's Office General Counsel or perhaps the County Attorney's Office to handle such a non-criminal matter, Ogg retained her close personal friend, <a href="https://mizepc.com/practice/">Katherine Mize</a>, an employment lawyer and Ogg Campaign Donor to fight it. In doing so, she used Asset Forfeiture funds from the District Attorney's Office to pay Mize $425 an hour to fight the claims. That's a hell of a lot more money per hour than any county employee gets, and I'm going to go out on a limb and guess that Mize's bill probably ended up costing more than just paying out the unemployment claim. In this case, we got the worst of both worlds -- not only did Mize get paid a ridiculous amount to fight the unemployment claim, she lost the case. So the unemployment claim got paid out anyway.</p><p>It still pays to be friends with Kim Ogg. Mize repaid that generosity by being a significant donor to Ogg's campaign and even appeared in one of her commercials. She is still routinely used to "consult" on Ogg's Human Resource matters and to date has billed the county over six figures.</p><p>Just this week, the <a href="https://www.houstonchronicle.com/politics/houston/article/da-ogg-lina-hidalgo-gop-lawyer-18631456.php"><i>Houston Chronicle</i> revealed that Ogg diverted over $175,000 to her friend</a> (and Texas <a href="https://texasgop.org/leadership-directory/party-officers/">GOP General Counsel</a> Rachel Palmer Hooper to investigate Harris County Judge Lina Hidalgo's Office. That's a pretty sweet gig if you are Palmer-Hooper, the former-5th Amendment-taking-prosecutor and <a href="https://www.bakerlaw.com/professionals/rachel-palmer-hooper/">partner at Baker Hostetler</a>. Not only is she bringing in six figures for her law firm, she's also been handed the prosecutorial power to go after a controversial Democratic figure head that all of the Republicans love to hate -- all paid for with public funds! Palmer-Hooper probably hadn't been that excited since she <a href="https://www.democraticunderground.com/100215608147">launched a criminal investigation into a black man trying to vote</a>!</p><p><b>5. Her Personal Battle with the Houston Police Department (<i><a href="https://harriscountycriminaljustice.blogspot.com/2018/02/kim-oggs-war-with-hpd.html">see Kim Ogg's War with HPD -- February 27, 2018)</a></i></b></p><p>Despite Kim Ogg's recent unauthorized use of Houston Police Department Chief Troy Finner's picture in one of her campaign ads, the relationship between Ogg and HPD has been a complicated one over the years. </p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiJodXV-sJ0lPTKgpJvmxb_vXasJsREN78HgCjuJT1GL5sDiAW4l_CIaSsPNz8MTVGDJ64Gr5JjXrczmc8WKqcBhtAjCtXvbApwHM4xKm64NOsyaEV3HcH6nm9LVx809UYajGTa7rUgxjAPSMKK27GzKyzjCXVopUdqD_671l74tCnOq9RMlaNMwLs-XN4/s463/Screenshot%202024-02-06%20at%203.22.16%E2%80%AFPM.png" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="245" data-original-width="463" height="169" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiJodXV-sJ0lPTKgpJvmxb_vXasJsREN78HgCjuJT1GL5sDiAW4l_CIaSsPNz8MTVGDJ64Gr5JjXrczmc8WKqcBhtAjCtXvbApwHM4xKm64NOsyaEV3HcH6nm9LVx809UYajGTa7rUgxjAPSMKK27GzKyzjCXVopUdqD_671l74tCnOq9RMlaNMwLs-XN4/s320/Screenshot%202024-02-06%20at%203.22.16%E2%80%AFPM.png" width="320" /></a></div><br /><p></p><p>The highlight of her volatile relationship with Houston's Finest hit a low point in February of 2018 when Ogg decided to temporarily revoke HPD's access to the Consolidated Criminal History Database after getting into a spat with the HPD Union. </p><p>It's always good to see your elected District Attorney put her petty grievance contributing to a lack of information shared amongst law enforcement. If anybody thinks that Ogg is a friend of law enforcement, they should refresh their memory.</p><p><b>6. The Firing of Tom Berg & Andrew Smith (<i><a href="https://harriscountycriminaljustice.blogspot.com/2019/05/the-mad-queen.html">see The Mad Queen -- May 14, 2019</a> & <a href="https://harriscountycriminaljustice.blogspot.com/2019/11/a-tale-of-two-firings.html">A Tale of Two Firings -- November 14, 2019</a>)</i></b></p><p>One of the reasons I didn't write off Kim Ogg completely after she fired so many prosecutors before taking office was that there were some very good people that she brought in at the same time. </p><p>Sadly, they didn’t seem to last very long. Tom Berg was (and remains) a highly respected lawyer in the criminal law world although he largely seemed to be in the Federal arena prior to coming to the D.A.'s Office as 1st Assistant under Ogg when she first took office. Additionally, Berg was a combat veteran who was known to be extremely intelligent and fair-minded. His position as 1st Assistant was a promising sign that Ogg was going to run a well-managed ship. As those prosecutors that had escaped Ogg's initial round of firings began quitting due to low morale, Berg tried to rally the troops and get them to stay. </p><p>He then made the fatal mistake of disagreeing with Ogg on an issue and she fired him on the spot. It was yet another example of Kim Ogg's legendary temper self-sabotaging her own Administration. </p><p>A few months later, Ogg would also fire Andrew Smith, a longtime prosecutor who was very well-liked and respected by both prosecutors and the defense bar. Smith had relayed to a defense attorney that Ogg had stated to him that a different prosecutor's firing had been based on who that prosecutor was married to. When Ogg found out this information had been shared, she demanded that Smith put on the record that he had been lying when he conveyed that information to the defense attorney. Smith refused because, you know, that would be perjury. So Ogg fired him as well.</p><p><b>7. The Death Chart Inquisition (<i>see <a href="https://harriscountycriminaljustice.blogspot.com/2020/04/kim-oggs-pandemic-witch-hunt.html">Kim Ogg's Pandemic Witch Hunt -- April 17, 2020</a> & <a href="https://www.texasmonthly.com/news-politics/leaker-hunt-harris-county-district-attorney-office/">Texas Monthly's The Hunt for a Leaker at the Harris County District Attorney's Office -- May 15, 2020</a>)</i></b></p><p>Lots of craziness was going on in the early stages of the Corona Epidemic and the Harris County Criminal Justice World was absolutely struggling to stay on top of everything as courts were closing, trials were stopping, arrests kept coming in, and the jails were trying to balance public safety against further spreading a deadly disease. The word "chaos" would be a massive understatement.</p><p>In the middle of it all, those experienced and dedicated line prosecutors who had thus far survived Kim Ogg's firing wrath were trying to keep the System afloat in the individual courts that they were in charge of. As all of this was going on, an upper administration employee created an attendance chart to document how the employees of HCDA were fairing against the virus. One of the options on the chart encouraged supervisors to notify the Office if anyone had called in dead. Since most people in the Criminal Justice World tend to have a strong sense of Gallows' Humor, most people found this to be hilarious.</p><p>A poorly made screenshot of the "death chart" began making the rounds of prosecutors' text messages and it soon leaked outside of the Office. People had a good laugh over how dumb of an idea of having a "death chart" was, but it wasn't anything too damaging to the Office's reputation. Everyone thought it was funny.</p><p>Everyone except for Kim Ogg, that is. With prosecutors and investigators working via laptop and cell phone while quarantining and trying to manage an unprecedented crisis, Kim Ogg had one priority and that was to identify whoever had initiated this innocuous joke. She diverted resources away from managing that Covid crisis to hunt down her senior prosecutors -- demanding their office computers and attempting to strong-arm them into turning over their personal cell phones. Ultimately, she would lose around eight or nine more senior Felony District Court chiefs from the already hemorrhaging Office, right at the time when the CJC needed their leadership the most. </p><p>Once again, Ogg hurt her own office in the name of her ego. Funny side story: the author of the <i>Texas Monthly </i>article later told me that he figured I must have been embellishing when he first read my blog post about the Death Chart Inquisition and that he couldn't believe it when he found out it was all true.</p><p>Full Disclosure: I got a pretty awesome new law partner out of the deal, so it wasn't all bad.</p><p><b>8. The Scapegoating of the Judges (<i>see <a href="https://harriscountycriminaljustice.blogspot.com/2021/08/scapegoating-judges.html">Scapegoating the Judges -- August 14, 2021</a> & <a href="https://harriscountycriminaljustice.blogspot.com/2022/08/kim-ogg-blames-judges-yet-again.html">Kim Ogg blames the Judges . . . yet again -- August 6, 2022</a>)</i></b></p><p>I'll be the first to admit that being a prosecutor was an easier job when I was there for a lot of reasons. We had better leadership. We had better training. We also had a field of judges who were almost exclusively ex-prosecutors. Prior to around 2008, most judges had taken the bench straight from the D.A.'s Office. Rulings went our way on pretty much any debatable issue and the punishments were high. Being a prosecutor in Harris County during those years definitely meant having the home-field advantage. That's just a fact.</p><p>Now most judges on the bench have both prosecutorial and defense experience and generally, the judges are more open-minded on issues that previously would have been no-brainers to rule for the State. That's how it is supposed to be if we actually <i>care</i> about our Constitutional principles. </p><p>But a neutral judiciary is not as conducive to convictions as it used to be, especially not when the District Attorney has run off the most experienced trial prosecutors. The Office's win/loss ratio plummeted and politician Ogg had to find something to blame that wasn't herself. The Code of Judicial Conduct prohibits judges from commenting on cases or responding to the vast majority of Ogg's criticism, so she knew that she could safely punch at them without them being able to punch back.</p><p>And punch away, she did. </p><p>Kim Ogg made it <i>very </i>clear that a fair judge was a bad judge, and she attacked them at every turn. Whether she was having her "community outreach team" post under pseudonyms on social media to privately attack them, or giving CrimeStoppers hundreds of thousands of dollars so that her old friend Andy Kahan could attack them on <i>Fox 26's Breaking Bond</i>, Kim urged her Republican allies to hold the <i>judges</i> accountable for her Office's failings.</p><p>Under Kim Ogg's leadership, the Office has made it very clear that it has no interest in a fair trial and they blast the judges that hold them accountable to the high Burden of Proof that they are supposed to meet in each and every case. It's no wonder why Ogg is so well known for trying her cases in the media rather than in the courtroom. </p><p><b>9. Political Prosecuting for Publicity (<i>see <a href="https://harriscountycriminaljustice.blogspot.com/2020/09/raps-rides-and-kim-oggs-campaign-by.html">Raps, Rides, and Kim Ogg's Campaign by Indictment Policy</a> - September 15, 2020)</i></b></p><p>The most frightening thing about Kim Ogg as District Attorney, without question, has been her use of prosecutorial power to file charges against people to court public approval. She has done it since the beginning of her tenure as District Attorney and she continues to do it to this day. Whether it being filing ridiculously over-inflated criminal charges against the <i>Arkema</i> corporation, trying to indict as many police officers as humanly possible that could be even tangentially related to the notorious Harding Street, a respected doctor who gave a Covid vaccination to his family when no one else wanted one, or anyone who works for County Judge Lina Hidalgo, Kim Ogg has shown time and again that if an indictment will get her some positive press, she's going to seek it -- regardless of whether or not the evidence is there to support it.</p><p>Sadly, that plan seems to work for her in the public relations realm and nowhere has that been more evident than in her investigation into Hidalgo. Hidalgo is definitely a controversial figure in Harris County politics and is the lightning rod target of the displaced Republican community. As noted above, Ogg employed hardcore Republican operative Rachel Palmer-Hooper to investigate Hidalgo's office (although she Ogg kept Palmer-Hooper's involvement shrouded in secrecy for years). Between leaking search warrants to the <a href="https://senate.texas.gov/member.php?d=7">Republican State Senator Paul Bettencourt</a> and the media, Ogg is milking the good vibes of going after Hidalgo for all they are worth. </p><p>But if one were to take a closer look at these highly publicized charges that Ogg's District Attorney's Office has obtained, they might notice something missing from them all -- final convictions.</p><p>Dan Cogdell and Rusty Hardin and company handed the District Attorney's Office its proverbial ass in the <i>Arkema </i>case with directed verdicts (which, for the layman means that the cases were so weak that the judge directed the jury to find the accused not guilty). The Gokal case was no billed by a Grand Jury. The other cases, Ogg has steadfastly avoided trial on, so as not to suffer the same humiliation that she received during <i>Arkema.</i> Even the notorious case of Gerald Goines and the Harding Street Raid has now pended over five years without a trial and the cases against the Hidalgo staffers has no trial date set. </p><p>Ogg's Office has played to the lynch mob mentality of making accusations that they can't prove. That may work in the comments section of the internet, but that's not how we do things in a court of law -- especially not when people's lives hang in the balance.</p><p><b>10. The Destruction of the Harris County District Attorney's Office</b></p><p>For better or worse, the Harris County District Attorney's Office used to have the reputation of being one of the most formidable offices in the State and the Country. It was an office staffed from bottom to top with prosecutors that knew what they were doing in trial and were trusted by their supervisors to do the right thing in how they handled their cases. Prosecutors knew their cases and took the righteous ones to trial and dismissed the ones that they knew they couldn't prove. As long as you made your decisions for the right reasons, you didn't have to worry about your job.</p><p>Kim Ogg has turned that idea on its head and the Office has cratered because of that. From starting her tenure by firing forty experienced prosecutors to running off countless more over the past eight years, she's run off scores of talented trial lawyers and leaders from that Office. She's also created a culture of fear that those prosecutors who remain are afraid that dismissing a case (no matter how weak it is) could get them fired. As a result, plenty of non-trialworthy cases are going to trial and the District Attorney's Office is suffering Not Guilty verdict after Not Guilty verdict.</p><p>Not to sound like too much of an Old Timer, but when I worked for the District Attorney's Office in the late-90s/early 2000s, the conviction rate at trial was well over 90%. Now it is barely over 50%. </p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgYRnNC_Zwne36GuL031i3Ycy_BR-enxzBr3fPaMa-je4RjpYbSH_Le8ZZYgiggGUPrcQb3HRyjvGplYb7wJZc_3ScUlnEG9PlJxKqot0-u9nyeZ2mu2tK-y7bDdPPfXHgdMaTt39_QCWP_wri417G7dyhyphenhyphen4SO3VZhTirExmqUA-Qyd0IJ52TmfpG9HejA/s1230/Screenshot%202024-02-17%20at%2010.03.09%E2%80%AFAM.png" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="1230" data-original-width="1082" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgYRnNC_Zwne36GuL031i3Ycy_BR-enxzBr3fPaMa-je4RjpYbSH_Le8ZZYgiggGUPrcQb3HRyjvGplYb7wJZc_3ScUlnEG9PlJxKqot0-u9nyeZ2mu2tK-y7bDdPPfXHgdMaTt39_QCWP_wri417G7dyhyphenhyphen4SO3VZhTirExmqUA-Qyd0IJ52TmfpG9HejA/s320/Screenshot%202024-02-17%20at%2010.03.09%E2%80%AFAM.png" width="281" /></a></div><div class="separator" style="clear: both; text-align: center;"><i>Courtesy of <a href="https://www.showmethejustice.com/">Jeff Ross' Show Me the Justice</a></i></div><p>Regardless of your views of the Criminal Justice System, that statistic should worry you. A Not Guilty verdict means one of two things in the vast majority of cases: Either 1) the prosecution failed to prove a case that they should have been able to; or 2) the prosecution took a case to trial that they shouldn't have. Neither one of those scenarios is a good one. </p><p>Contrary to popular belief, defense attorneys such as myself don't relish the idea of inexperienced prosecutors who don't make good decisions. Sure, it might make a trial easier, but overall it makes our jobs harder. Prosecutors who don't understand the law and procedure, or (worse) are too scared of the repercussions for dismissing a crappy case end up prolonging cases unnecessarily for our clients. The same principle applies to negotiating cases with prosecutors that don’t have enough trial experience when assessing a plea bargain offer. </p><p>In short, anyone involved in the realm of Criminal Justice will tell you that there is nothing more beneficial to the system than a good, smart, experienced, and ethical prosecutor. The line prosecutor who goes to court to represent the State of Texas on a daily basis has the power to truly to promote Justice. Kim Ogg has eroded that for Harris County and she has done so in a shockingly short amount of time.</p><p>Her time needs to be over and it needs to be over now.</p><p>All in all, my thoughts on Kim Ogg are quite simple: she's out of control and she has been since day one. She isn't there to serve justice. She's there to make sure that justice serves her. She is unethical. She is a fool. She is corrupt. She has destroyed the Harris County District Attorney's Office from within.</p><p>And it is long past time for her to go.</p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com1tag:blogger.com,1999:blog-7566778230970156239.post-12537419780408673232023-11-24T11:42:00.001-06:002023-11-24T11:42:38.838-06:00Chuck Rosenthal<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj7oFyJkYhsPgcu9vgAdjernVktUbb532A13Jgh6DvvDmupWQNEbLLqQPsqO5N_eZ1uCMzRNJ7AcOXmO8_pB5yg32VlWRBafBLt6nvIlSmXoit3AY5fXd-ysL8b4lkuy8FhAXWtV3YeTFVeXNyNE2CGG06u-aYejvBpnydABEdn4hXTvgh8rqOUHLwzmK8/s720/Screenshot%202023-11-24%20at%2011.10.23%E2%80%AFAM.png" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="720" data-original-width="476" height="234" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj7oFyJkYhsPgcu9vgAdjernVktUbb532A13Jgh6DvvDmupWQNEbLLqQPsqO5N_eZ1uCMzRNJ7AcOXmO8_pB5yg32VlWRBafBLt6nvIlSmXoit3AY5fXd-ysL8b4lkuy8FhAXWtV3YeTFVeXNyNE2CGG06u-aYejvBpnydABEdn4hXTvgh8rqOUHLwzmK8/w156-h234/Screenshot%202023-11-24%20at%2011.10.23%E2%80%AFAM.png" width="156" /></a></div><p>I heard this morning that former District Attorney Chuck Rosenthal passed away overnight. He had been in ill health for quite some time and I heard he had taken a turn for the worse over the past few weeks. The news of his passing was not unexpected.</p><p>To say that Chuck left behind a complicated legacy would be an extreme understatement, especially for those of us who worked as Assistant District Attorneys under his administration. Although I started my prosecutorial career under Johnny Holmes, he retired a little over a year after I started and the vast majority of my tenure was in the Rosenthal Administration. The end of Chuck's career would tangentially cause the end of my career as a prosecutor, and it was the end of an era of old-school prosecuting in Harris County as well. Like many of the people I worked alongside in those days, my thoughts on Chuck Rosenthal are conflicted.</p><p>Chuck ended his career being vilified for many things, and by association, those of us who worked there were vilified as well. I can recall trying to pick a jury shortly after news of his scandalous e-mails had hit the media and asking the panel of 65 potential jurors if their views of the Harris County District Attorney's Office would lead them to be unfair to the State. I remember distinctly that one man said it definitely would. He noted something to the effect of, "You seem alright, but if Chuck Rosenthal was standing there when I came in, I'd have turned around and walked right out." That moment always seemed to encapsulate what that last year (2008) would be like for those of us who worked at the Office -- one-on-one dealings with us prosecutors seemed to be okay, but man, that Office had a horrible reputation.</p><p>It was a far fall from the reputation the Office had under the Holmes Administration. </p><p>It also seemed to give vindication to all of those in the Defense Bar and some segments of the media that the Office was nothing but a racist and unethical haven of heavy-handed prosecutors who cared more about winning than playing by the rules. That was a bitter pill to swallow for those of us inside the Office who didn't feel that way about one another, and we certainly didn't feel that way about ourselves. The racist and sexist e-mails that were discovered from Chuck's computer were attributed to all of us as if we had authored them ourselves. Back then it felt like any attempts to defend ourselves or the Office, in general, was to condone Chuck's behavior. As most of you know, that's when I started this blog as an anonymous Harris County Lawyer over fifteen years ago.</p><p>But time has a way of lending perspective to certain moments in life, and the anger and resentment that I had for Chuck back in the day has been tempered somewhat. Over the years, any attempt to say anything slightly positive about my time there has generally led to retorts of, "You just miss the good old racist, evidence-hiding days of Chuck Rosenthal!" But the truth is that in the big scheme of things, up until his disastrous implosion at the end, working as a prosecutor for Chuck Rosenthal was a pretty fantastic job.</p><p>To understand that, you have to understand the relationship that Chuck had with his employees. And to understand <i>that</i>, you have to understand <i>Chuck</i>.</p><p>Whenever I talk about Chuck Rosenthal to people who didn't know him, I always lead off by saying, "The first thing you've got to know about Chuck is that he was really a strange man." I don't mean that as an insult to him. It's just true. He was an extremely aloof guy whom most of us in the Office didn't know very well -- certainly not those of us in the lower echelons at the time he became District Attorney. We had all signed up for the job under Johnny Holmes, who was a legendary firebrand of a leader. We were scared to death of Mr. Holmes although we all felt very proud to work for him. We revered him and we would follow him into battle. History may ultimately be unkind to Johnny Holmes, but those of us who worked for him loved him.</p><p>Chuck, on the other hand, was just Chuck. He was a tall guy who cut an imposing figure, but he didn't seem to have much going for him in the personality department. He was extremely quiet and he seemed to rarely speak or smile. In an Office filled with dynamic and charismatic leaders from Lyn McClellan to Ted Wilson to Bert Graham and many others, Chuck wasn't really viewed as the heir apparent to Mr. Holmes. I think I had met him once or twice during the Holmes Administration and the only thing I remember about it was referring to him as "Mr. Rosenthal." Without smiling or even making eye contact, he would reply, "Call me Chuck" and then walk off. That and his bone-crushing handshake were all that really stood out about him. I'd seen him in trial once alongside Elsa Alcala when I was an intern for the Office and I didn't think he even had the requisite amount of charisma to be a trial lawyer.</p><p>On the day Mr. Holmes announced he wasn't going to seek re-election, Chuck immediately announced that <i>he</i> would be running for District Attorney in 2000, and nobody else from within the Office seemed to be interested in challenging his claim to it. It was a strange time. It was as if some announcement had been made that Chuck would just be taking over and that was all there was to it. Nobody seemed particularly excited nor upset. It just was what was going to happen.</p><p>In one of the more ironic moments of life, a retired judge by the name of Patricia R. Lykos chose to challenge Chuck in the primary. I had met her a couple of times when she had been a visiting judge in Brazos County and just found her to be <i>delightful</i>. Several of my friends at the time discussed whether or not she would have been a better D.A. in 2000. Word got around to some of Chuck's inner circle that some of us peon ADAs weren't "loyal" and we learned to keep our bizarrely positive thoughts on Lykos to ourselves. True story!</p><p>When Chuck won the D.A.'s race and took over, the transition from Holmes to Rosenthal was about as seamless as one could have imagined. I was too low on the food chain to have known the few people he chose not to renew. Things just kept chugging along as they always had. Chuck was the new District Attorney and most of the rank and file rarely interacted with him. We might see him at the Office Holiday party for our yearly bone-crushing handshake, but other than that, we didn't see him.</p><p>And that was what made Chuck a good boss to work for -- the man simply let us do our jobs. He wasn't there to micromanage us or yell at us for doing something to embarrass him or the Office. He trusted his people to do their jobs and he left us alone to do them. The hierarchy of the upper-Administration was effective and they themselves tried cases. There was a camaraderie within that Office because we were all of the same mindset of people who felt we were seeking justice and we weren't afraid to go to trial. We also weren't afraid to dismiss bad or weak cases because we knew we wouldn't get in trouble for it as long as we used our best judgment.</p><p>Say what you will about Chuck Rosenthal, but that Office ran like a well-oiled machine during his tenure. I think I had to deal with him in an official capacity on two occasions. On one occasion, someone had taken issue with a quote I had said in a newspaper article. I was called to his Office where he showed me a letter he had received complaining about my quote. I explained myself to him. He shrugged and said, "I get bullshit letters like this all the time." And that was the end of that conversation. </p><p>The other time I dealt with him was when I needed to offer immunity to a witness on a murder case. It involved a lot of paperwork and ultimately required the elected District Attorney's signature. I prepared all of the paperwork and took it to his office. He didn't stand or say anything in greeting. I just handed him the paperwork and he signed it. As I left, he told me, "Send me an e-mail when you are done with trial and tell me what I just signed."</p><p>That was what it was like working for Chuck. He didn't inspire much in us, but we appreciated the discretion to do our jobs. Rather than having one leader that we all looked up to, we felt more like we were part of a very talented team of trial lawyers and we looked up to each other. Fifteen years later, those of us who worked there still may get the occasional taunt about having worked for someone as terrible as Chuck, but we definitely don't get taunted for being bad trial lawyers.</p><p>But for all of those who hated Chuck Rosenthal, those of us who worked for him at the time felt uniquely betrayed. When his actions were brought to light, he had the option of resigning or, at a minimum, announcing that he wouldn't seek re-election. Instead, he doubled down on refusing to leave -- even when an executive committee of Republicans implored him to leave. Had he chosen to leave with some grace, perhaps that Office could have kept on running seamlessly. Instead, it led to a hotly contested primary that ultimately ended a great many prosecutorial careers. As one Division Chief repeatedly said, "I get the suicidal pilot that wants to crash his plane into a mountain, but Chuck took a 747 full of passengers with him."</p><p>In retrospect, who knows what would have happened? It was 2008 and there was a major shift in the politics of Harris County that extended far beyond just the D.A.'s Office. Chuck certainly bore the brunt of the blame from those of us who had worked for him, but that probably gave him more responsibility than he had actually earned.</p><p>After it was all over and Chuck was gone and I was gone, he started sending me random text messages and e-mails -- mainly commenting on things I had written on the blog. I typically left them unanswered because I felt pretty bitter towards him. In the early months of the Lykos Administration, I attended a going-away party for Bert Graham that was attended by a great many former prosecutors, including Johnny Holmes . . . and Chuck Rosenthal. I had quite a few beers at that party and when Chuck walked up to me, I angrily told him to stop sending me texts and that if he wanted to talk, we could go to lunch.</p><p>The following day, he called and invited me to lunch.</p><p>To say it was the most awkward lunch I've ever attended would be a major understatement but after some failed attempts at small talk, I did launch into him for having failed the Office and the people who worked for him. He sat there impassively throughout it all. When I was done, he just looked at me and said "What would you have had me do differently?" Since I had just spent fifteen minutes monologing about what I thought he should have done differently, I was floored by his question. I really regretted having asked him to lunch. Like I said earlier, Chuck was a strange guy.</p><p>At the end of that going-away party for Bert, a group of us had been standing outside smoking cigarettes toward the end of the party. Chuck had stopped to speak to some of us while we were standing there although none of us really knew what to say. As we were standing there, Johnny Holmes walked out of the front door and shook hands with most of us. He then stopped and looked at Rosenthal, without shaking his hand.</p><p>"Chuck," he said, barely acknowledging his successor's presence. And then he just walked away. I'm not sure that I ever saw Mr. Holmes again in person.</p><p>For me, that moment always seemed to epitomize the end of my time at the District Attorney's Office.</p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com4tag:blogger.com,1999:blog-7566778230970156239.post-40587573232169229572023-11-04T19:43:00.000-05:002023-11-04T19:43:02.948-05:00New Facebook Page<p> Since I don't have the time to write longer blog posts as much as I'd like to these days (shout out to Joe Vinas for telling me being President of HCCLA wouldn't take up <i>that much</i> time), I've started a Facebook page for Life at the Harris County Criminal Justice Center.</p><p>I'll be posting on the Facebook page the latest news, rumors and gossip in some shorter snippets as they become available.</p><p>You can keep up-to-date by <a href="https://www.facebook.com/profile.php?id=61552537516818">clicking here</a> and following the page.</p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com0tag:blogger.com,1999:blog-7566778230970156239.post-42007893032929111612023-11-04T19:26:00.003-05:002023-11-04T19:26:39.161-05:00Biggest Fan<p> It's good to see that Sean Teare is capturing the attention of the audience on the campaign trail!</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg85mjINFTjGYHR-fG1lWCX-m5MY5F2Mx_Iv9ILOGmB9DODZxgabKM-LJUeQXPgnIc_j1whMnnmjzeOtYk_jj4Fh3GOgegdAAioSXj19fEAulTOjRzbkAJBPGi1hhjqkbBOxSjdE_AD3gH3kuyFz4FgQa67j3vxcJD-v_tfy82gqSeqJgpuVJi6Hhd53h8/s1800/IMG_0790.jpeg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="1800" data-original-width="1800" height="423" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg85mjINFTjGYHR-fG1lWCX-m5MY5F2Mx_Iv9ILOGmB9DODZxgabKM-LJUeQXPgnIc_j1whMnnmjzeOtYk_jj4Fh3GOgegdAAioSXj19fEAulTOjRzbkAJBPGi1hhjqkbBOxSjdE_AD3gH3kuyFz4FgQa67j3vxcJD-v_tfy82gqSeqJgpuVJi6Hhd53h8/w423-h423/IMG_0790.jpeg" width="423" /></a></div><br /><p><br /></p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com0tag:blogger.com,1999:blog-7566778230970156239.post-35484190441540344932023-10-30T16:13:00.007-05:002023-10-30T17:20:05.387-05:00Observations from Jury Duty<p> I had jury duty for the first time in a couple of years today. In the 33 years since I've been eligible to be a juror, I had only sat through three voir dires before today. I never made the jury on any of them. The first was a criminal case in Brazos County when I was at A&M. The second was a criminal case in Harris County shortly after I left the D.A.'s Office where my friend and former co-worker Wendy Baker utilized a State Strike on me because she thought I was too good of friends with Defense Counsel Mark Bennett -- as I pointed out to her later, I never drove Mark to the hospital when <i>he</i> was in labor, but whatever, Wendy! The third was a civil trial.</p><p>Since I had a jury summons for a Monday morning, I was pretty sure that I would at least be called to a panel today. And I was right.</p><p>And truth be told, it was all pretty painless.</p><p>Thanks to my frequent visitor badge, I got to skip the metal detectors and got logged in on the computer and sent to my assembly room. We watched a short video where District Clerk Marilyn Burgess spent about five minutes talking about how she had helped secure more money for jurors for their service and ways to use the gift card that we would be receiving the money. About fifteen minutes later, Deputy Momin came and collected 65 of us for voir dire in the 180th District Court, Judge DaSean Jones presiding.</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjS3VDZUY1YKRS6q7zosfRl1ph04cWAdQnanfJdgYGQ9ejtgRLBLMbYtbkHijBy9CveoLbvimTtt8PvhvUK0G-fNt4Zc9RWB3WwuMH3tzedh_sS7DmUSh7_QDAAGIMaEYPGFa36F1WqgwRBJ-MT-xOwYm7jkmiEpJHSGnbqROsectpR_pnsscF2d4MYJqQ/s600/Screenshot%202023-10-30%20at%205.16.14%E2%80%AFPM.png" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="496" data-original-width="600" height="265" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjS3VDZUY1YKRS6q7zosfRl1ph04cWAdQnanfJdgYGQ9ejtgRLBLMbYtbkHijBy9CveoLbvimTtt8PvhvUK0G-fNt4Zc9RWB3WwuMH3tzedh_sS7DmUSh7_QDAAGIMaEYPGFa36F1WqgwRBJ-MT-xOwYm7jkmiEpJHSGnbqROsectpR_pnsscF2d4MYJqQ/s320/Screenshot%202023-10-30%20at%205.16.14%E2%80%AFPM.png" width="320" /></a></div><p>So, my first observation is a big shoutout to the 180th Court and its staff for being incredibly efficient. We were seated and in the courtroom by 9:30 (if not earlier). Standing around in the hallway is boring and we didn't do it for very long. Deputy Momin got us there quickly, got us lined up, and got us in our seats efficiently. There was a brief moment of entertainment when a female defendant (who may or may not have been on meth) in the hallway started yelling at jurors to get out of her way. This got Deputy Momin's attention, and he chastised her for talking to his jury like that. The bailiffs are the Court's first ambassadors that the jurors meet and the 180th has a great one.</p><p>Different judges do voir dire differently and for varying lengths of time. Former 351st District Court Judge Mark Kent Ellis used to famously talk for four or five hours for his portion alone. Some judges I've seen over the years didn't talk at all. Judge Jones' voir dire was short and to the point. He and I've known each other for about fifteen years and he called on me to answer some of the basic questions. He covered some of the major themes that needed to be covered, but he didn't talk for long at all.</p><p>Each side was given thirty minutes to ask questions on an Assault-Family Violence Impeding Breathing case. That's not just a ton of time to talk on a type of case that can potentially have some pretty deep issues. The State was represented by the Felony Three assigned to the Court and his Chief sat with him. The time allotted to him wasn't enough for him to get too fancy and he did a fine job of covering the basics. He spent the majority of his time gauging the attitudes of the panel towards State involvement in matters of family violence. He had a couple of scaled questions that were good ideas, but I think he spent too much of his limited time following up with their numerical answers without getting anyone struck for Cause. He also made a point of going over "the State doesn't have to prove motive" which I've been seeing coming from several prosecutors lately. I don't think that's really necessary. His presence was good though, and I'm sure those lessons will be learned in time.</p><p>Defense Attorney Brennen Dunn was representing the Defendant in the case, and he was great. I don't know him except in passing but he is well-known as an attorney who isn't afraid to go to trial, and it showed. He was clearly ready to get through his points in a short amount of time and he did it very well. Any defense attorney will tell you that we freely steal ideas from one another, and I'll definitely be stealing some things from Brennan -- particularly on how he covered the presumption of innocence, the burden of proof, and the 5th Amendment. He got plenty of strikes for Cause. I was a little surprised at some of his questions on self-defense, but all in all, he had an outstanding presence in front of the jury and did a great job.</p><p>After both sides were done, we went out in the hallway for about fifteen minutes. When we came back in, both sides spent about five minutes wrapping up making their peremptory strikes, and they seated a jury. I was juror number 49, so I didn't get reached. I was out of there right around noon. It couldn't have gone any smoother.</p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com5tag:blogger.com,1999:blog-7566778230970156239.post-73391288683673796812023-10-29T17:13:00.002-05:002023-10-29T17:13:46.264-05:00Feast of Fashion Returns<p> After an absence of several years due to the Pandemic, Pat Kelley and Julie Jones' Feast of Fashion is returning this year.</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgLaD0dozZH9a9jmcJYU_xm8b-zHIWSBcJ201bZWyVYgEf0qk1nG1_gdPP6rqhhPuFTZQ0mpEt6K3qBgUFg2zWb2JH-VQUhotY6kxYYjsgeTZ1fiXFADkzL5dQmwYjgSnPJvqAtEtYZpD86AVOoJF81g_-d-PeTB0QFmAbEeElP1tmreA9NIUIi0AtcAo0/s2809/IMG_0573.jpeg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="2809" data-original-width="2341" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgLaD0dozZH9a9jmcJYU_xm8b-zHIWSBcJ201bZWyVYgEf0qk1nG1_gdPP6rqhhPuFTZQ0mpEt6K3qBgUFg2zWb2JH-VQUhotY6kxYYjsgeTZ1fiXFADkzL5dQmwYjgSnPJvqAtEtYZpD86AVOoJF81g_-d-PeTB0QFmAbEeElP1tmreA9NIUIi0AtcAo0/s320/IMG_0573.jpeg" width="267" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">It's been a minute since the last, but they are always a ton of fun and raise money for several great causes. For ticket information, contact Julie at 713-248-6864.</div><br /><p><br /></p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com0tag:blogger.com,1999:blog-7566778230970156239.post-88148011741936155562023-10-22T12:58:00.001-05:002023-10-22T12:58:25.511-05:00Skip Cornelius<p>Legendary Defense Attorney and former Prosecutor Skip Cornelius passed away yesterday. To say that his passing has resonated across the entirety of the Harris County Criminal Justice Center Family is an understatement. From his fellow members of the Defense Bar to the Prosecutors who handled cases against him to pretty much all of the Judges he practiced before, Skip was the Gold Standard of what it meant to be a lawyer practicing indigent defense. If you've been a reader of this blog over the years, you'll have seen his name brought up many times as I cited him as the best Harris County had to offer. </p><p>It seems that the only thing that really motivates me to write something on the blog these days is when I feel the need to say goodbye to someone who I consider to be an influential force in my legal career. Lately 'm having to do that far more than I wish. There have been other recent passings that I feel remiss for not having written about here, including Skip's brother, Terry Cornelius, who passed away earlier this year, and retired Judge Don Stricklin, who was the man in 1999 who called and offered me a job as a prosecutor. Between lawyering and parenting, there have been things I've wanted to sit down and write about over the past months but just haven't had the opportunity.</p><p>With Skip's passing, however, I have so much I want to say that I just couldn't . . . not, I guess. </p><p>There were so many eras of my legal career where I dealt with him, learned from him, and tried to imitate him -- starting when I was a new Felony Three who had hastily written a very low offer on a case file (back when we had <i>paper</i> case files) on one of his clients. He looked at the offer and frowned slightly before handing me the file.</p><p>"I appreciate the offer. I do," he said. "But it would probably get you fired." He pointed out that I had neglected to pay attention to his client's criminal history which made his punishment range 25 years to Life -- far higher than the 2-year offer I had extended. But I had extended the offer, and after explaining my mistake to my chief, we honored it.</p><p>So, one of the first things that Skip taught me was in an adversarial system, there was still very much a calling for honor and chivalry in how we deal with each other. He very easily could have called in the doctrine of <i>No Take Backs</i> and gotten me in trouble for my mistake to the benefit of his client. In some defense attorney circles, one might argue that he made the wrong call. I disagree with that argument wholeheartedly. Skip's demonstration of honor put the onus on me to respond in kind. It also made me want to follow his example in my future dealings with him and all opposing counsel in the future.</p><p>Skip's chivalry didn't always translate into patience with a young prosecutor, however, and I'm sure that I was just one of a multitude of young prosecutors who could annoy him. I saw him mad on occasion, but more often it was his annoyance that tended to resonate with me. I always felt if I was annoying Skip, I was definitely doing something wrong. We once had a case together where a charge had been filed against his client but several other charges hadn't. As we were getting closer to trial, I had gone ahead and filed those additional charges in anticipation of trial. </p><p>We approached the bench for a pre-trial conference and Skip was clearly exasperated with me for reasons I didn't completely grasp initially. The judge asked us what the status of the case was.</p><p>"Well," Skip said. "We probably could have worked it out today if the State hadn't filed the C.S. Charges."</p><p>"What are C.S. charges?" I asked, very confused.</p><p>"Chickenshit charges," he replied, shaking his head. We ultimately worked his case out on the original charge and dismissed all of those extraneous C.S. charges.</p><p>Skip was a highly respected and skilled trial lawyer who handled a multitude of serious cases, including many Death Penalty Capitals. Because of his experience in trial, he was highly sought-after to be a speaker at Continuing Legal Education classes on Capital Murder cases. I loved attending lectures where Skip was talking, because he always got straight to the point in a way that so many other lecturers failed to do.</p><p>While other lecturers at a Capital Murder seminar have an annoying tendency to wax overly poetic as they pontificate -- </p><blockquote><p><i>As we realize that we hold a precious life in our hands in these dastardly cases and everything is riding on us, we must first take a moment to step outside of our limited world view and embrace the situations that our clients have existed in that led them to this horrible and tragic circumstance for so many.</i></p></blockquote><p> -- Skip would take to the stage and say things like "The first thing you need to do is make sure there are no damn engineers on your jury." With no offense towards the many esteemed lecturers on Capital Murder that I've listened to over the years, Skip was king of giving me information that I could put into practice.</p><p>My favorite Skip story came from the one trial I ever had against him. It was an Aggravated Robbery case where a trio of Defendants had robbed a young lady in her apartment complex parking lot. They had stolen her purse with credit cards and her cell phone and then immediately headed to a local tattoo parlor for some extravagant skin artwork on the young lady's dime. Cameras on cell phones were still a relative novelty in those days, and the trio used her phone to take pictures of their tatts. We had recovered the pictures from the phone, but in the one with what appeared to be Skip's client (based on clothing worn at the time of his arrest a short time later), his face wasn't clearly visible. The case was a whale for me and Skip was fighting an extremely uphill battle.</p><p>But it is a truism that in any trial, there will be something that a prosecutor has forgotten to do, and in this case, I had forgotten to get a court order to have Skip's client's tattoos photographed before trial. Realizing this mistake mid-trial, I approached Skip on a break during testimony. He was working on the case in the break, taking notes while staring at something intently at the offense report.</p><p>"Hey," I said, "I need a favor."</p><p>"Oh yeah?" he asked, without looking up or stopping writing his notes.</p><p>"So, I should have gotten an order to have your guy's arm tatts photographed before trial and I didn't."</p><p>He paused writing but continued reading with a smirk starting to show up on his face.</p><p>"So you want to know if the tattoo is there?" he asked.</p><p>"Well, yeah," I said, starting to feel my face turned red. "I was going to have the Court order him to show his arm to the jury. I mean, if it isn't there you can obviously point it out and get some mileage out of that."</p><p>Skip set down his pen and scooted back from the table, folding his arms and looking at me like he was playing with his food. He didn't say a word. </p><p>So I continued</p><p>"I mean, all it would do is just make me look like a big dumb ass in front of the jury if it isn't there. If it's not there, you can obviously show that to them without making me look like an idiot."</p><p>He smiled.</p><p>"Do you <i>think</i> it's there?" he asked.</p><p>I paused and thought about it for a second.</p><p>"Um, yes?"</p><p>He shook his head and rolled his eyes.</p><p>"Of course it's fucking there," he said and went back to taking his notes.</p><p>To be clear, he wasn't giving up anything that would have benefited his client. He just saved a young-ish prosecutor from a potentially humiliating experience in front of the jury that would have haunted me for life.</p><p>Skip once told me that he didn't take retained cases because he had no desire to deal with the "bullshit" that came along with keeping the customer happy. He preferred appointed work because he knew he was doing an outstanding job for all of his clients. He didn't feel the need to explain himself unnecessarily to those who were high-maintenance. There is no telling how many miracles Skip pulled off for clients who never had a clue as to how lucky they were to have him as their lawyer.</p><p>He was so good at everything he did and he was so good in trial. As news of his passing spread, former prosecutors shared stories of their whale cases against Skip where he somehow kept the juries out for hours and hours. His name rarely made the news but he was most definitely the lawyer that all of the other lawyers knew and respected. He was a subtle, but commanding presence in the courtroom. He was serious but also had an outstanding dry sense of humor. He was confident and steady in all of his cases and there wasn't a prosecutor born that rattled him. </p><p>He was a respected, dignified, and talented attorney who will be greatly missed.</p><p>He was what all of us should aspire to be in this profession.</p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com5tag:blogger.com,1999:blog-7566778230970156239.post-51344266614904992212023-08-05T22:44:00.004-05:002023-08-05T22:53:30.875-05:00Of Symptoms and Larger Problems<p>The <i>Houston Chronicle </i>ran an article this week about <a href="https://www.houstonchronicle.com/news/investigations/article/godinich-houston-lawyer-indigent-cases-18189694.php">local criminal defense attorney Jerome Godnich</a> and the fact that he made over half a million dollars last year in court-appointed fees. In my current role as president of the Harris County Criminal Lawyers' Association, I was interviewed at length by Neena Satija, the reporter who wrote the article, although a lot of what we talked about didn't end up in the story.</p><p>The quote of mine that she did use pointed out the fact that I thought Jerome (as well as other lawyers who have recently come under the microscope for taking on too many cases) gets appointed on so many cases because judges know he is a good and competent lawyer. In typical fashion (in what has become the story of my life since becoming HCCLA president), by 9 a.m., I'd received one e-mail saying I needed to defend Jerome more strongly and another saying I didn't blast him enough. </p><p>It's days like these that I really miss smoking.</p><p>The point that I was trying to convey to Neena when she interviewed me was that I thought that overloaded attorneys are a symptom of a much larger problem. The larger problem being that there aren't enough qualified lawyers to handle the more complex and serious cases that permeate the CJC on a daily basis. I also pointed out that the only difference between those overloaded lawyers and myself is that I regulate myself on how many open and active cases I'm willing to take on at any given time. And I'm routinely asked why I'm not popping up on the list more often. </p><p>Couple that shortage with the <i>way</i> (as opposed to the <i>amount</i>) attorneys doing indigent defense in Harris County are paid, and <i>voila!</i>, you get the incentivization of the overloaded lawyer.</p><p>As <a href="http://harriscountycriminaljustice.blogspot.com/2017/10/quick-additional-thought-on-indigent.html">I wrote back in 2017</a>, the issue in Harris County when it comes to indigent defense isn't the amount that lawyers get paid, but when they get paid. Under the system, attorneys aren't supposed to get paid for the work that they do on a case until the case is finally disposed of. As I noted back then, every judge I know is willing to let an attorney file an interim voucher if they need to, but generally, we are supposed to finish the case before asking to be paid for it. Under that system, an attorney at any given moment can be owed thousands of dollars by the county and is working on the promise that they will get paid eventually. </p><p>Unfortunately, we attorneys aren't provided the same courtesy by people we owe money to. I wouldn't get very far with my bank if I told them that I'll pay my mortgage as soon as I'm done living in my house.</p><p>The way attorneys who rely on court appointments keep their income stabilized is by keeping a steady flow of accepting new cases as older cases are disposed of. Ideally, that will lead to cases being resolved on a regular basis and an attorney being able to be paid. The problem is that it isn't an exact science, especially when dealing with more complicated, first-degree cases. Those cases are far more likely to be set for trial, and how quickly they get to trial can vary drastically on a case-by-case basis. If a lawyer's balance of incoming to outgoing cases isn't properly managed, that lawyer could potentially go a couple of months (or longer) without getting a paycheck. </p><p>Years ago, when I described how the system worked to my dad, he analogized it to a pipeline, which is appropriate on several levels. Some attorneys are content to keep a nice, steady flow of cases in their pipelines.</p><p>Others keep their pipelines on full blast.</p><p>If you are a competent lawyer who handles those first-degree cases, the Courts are more than happy to facilitate the full-blast pressure.</p><p>For many critics of the Harris County Criminal Justice System, the suggested answer has been a larger Public Defender's Office. Given the size of Harris County, the PD's Office is relatively small and handles far less than even half the cases requiring indigent representation. Some have advocated that the PD's Office be made large enough to handle <i>all</i> indigent defendants in Harris County. Although I have a tremendous amount of respect for the Harris County PD's Office, I think there are quite a few problems with that idea. I think it is feasible that the Office grow significantly and take a larger percentage of cases, but that's going to come at a much higher price tag for the County. Additionally, the PD's Office has some very strict guidelines regarding their case counts and they actually adhere to them. Throw in things like conflicts of interest and how to handle co-defendants, and I don't think that the private Defense Bar will ever be fully removed from indigent defense, but I could be wrong. There are just too many Defendants.</p><p>Although I think that growing the Public Defender's Office would be helpful to the situation somewhat, I think that more meaningful change can be made by revamping the current case management system (Federation Systems Authentication Gateway aka FDAMS) in a way that bolsters accountability by 1) implementing case caps; and 2) accommodating a bi-monthly payment system. It would definitely be a big change, but a worthwhile one.</p><p>Addressing the issue of case caps first, I have always thought that the standard of how many cases a lawyer handled in a year was less important than how many cases a lawyer was handling at a time. Under a revamped FDAMS system, each attorney's cases would be tracked as well as the <i>degree</i> of each case. The judges (or whatever powers that be) could establish how many cases (and of what degree) an attorney was allowed to be appointed to at any given moment. For example, let's say 15 first-degrees, 25 second-degrees, and 60 third-degrees or State Jails were the numbers. If an attorney has hit that limit (on any given degree) then they simply won't be eligible to pop up on the list for that degree. Under that system, the overloaded attorney could still find a way to get overloaded, but not with appointed cases from Harris County.</p><p>Switching to the bi-monthly payment system would be more problematic to implement, and the idea would definitely face some pushback from multiple parties -- including the attorneys taking appointments. I don't do Federal appointments, but I've heard that they follow a system of incremental payments rather than requiring a case be completed before an attorney could file a voucher. This system would require attorneys to keep more detailed and current records of the work they do on cases, but there would be a two-fold benefit to doing it.</p><p>The first and most obvious benefit would be that attorneys would be able to rely on regular payments for the work they had done during the pay period. There would be no need to keep "the pipeline" full and flowing and therefore the need to overload wouldn't be so tempting. The second benefit would help not just the attorneys, but the clients and the courts as well. By logging in the hours on a case in real-time (rather than waiting until a case was finally disposed of), the courts would have access to seeing that cases were actually being worked on.</p><p>It's not an infrequent complaint from indigent defendants that they feel their attorney isn't doing any work on their case. This system would allow the court to check out what hours had been logged on a case thus far to see whether or not those complaints are valid or not. If a client alleges that their attorney hasn't communicated with them, this system would easily confirm or deny that allegation. It would incentivize the attorney to make sure he or she is doing what he is supposed to do on a case or risk having to explain themselves to the court.</p><p>Like many other attorneys I know, our law firm utilizes <a href="http://MyCase.com">MyCase.com</a> to manage our caseloads. The type of time management accounting that I suggest is a standard part of their platform. Using this system, attorneys can look at the time they spend on each individual case as well as look at a big picture of their billable hours on all cases over a time period. Although this may seem like a drastic change from how Harris County currently does things, this is basically just running FDAMS as if it were an actual law firm.</p><p>My thoughts are that these changes to the FDAMS system would create an immediate and positive change in the quality of representation of indigent defendants while providing accountability for the system as a whole. I have no doubt that this would be somewhat difficult to implement, but it would be far from impossible given the advances in technology that we see every day. I think it would also ultimately be far cheaper than hiring one hundred new public defenders that would be required to keep up with all of the cases filed every day in Harris County.</p><p>I'm sure that there are probably some pitfalls in my plan that I'm overlooking, but I'd love to discuss them with anybody willing to have a serious conversation about them. </p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com11tag:blogger.com,1999:blog-7566778230970156239.post-88170666961055646352023-06-19T22:21:00.000-05:002023-06-19T22:21:19.586-05:00Vileness<p>Man, Kim Ogg had to be missing her some <a href="http://harriscountycriminaljustice.blogspot.com/2022/01/dane-schiller-kim-oggs-minister-of.html">Dudegoggles</a> today. </p><p>Ever since former Harris County District Attorney's Office spokesperson Dane Schiller left the Office (and the country!) following his disastrous appearance as a witness in the <a href="http://harriscountycriminaljustice.blogspot.com/2022/10/dudegoggles-and-guajuardo-hearing.html">Guajuardo hearing</a> last year, it looks like Boss Ogg has been managing her own Twitter account.</p><p>And if today's events are any indicator, suffice it to say that things are not going well.</p><p>It started off with a seemingly non-Ogg-related tweet from June 6th by a Twitter account called "Urban Reform" that had made note of a recent heated exchange between County Judge Lina Hidalgo and County Commissioner Adrien Garcia. The original tweet seemed to be more of an observation that the event had happened and did not appear to cast judgment on Hidalgo.</p><p>However, as we all know, one cannot say the words "Lina Hidalgo" without awakening the hordes of Lina-haters that seem to cruise the waters of Twitter like a killer whale looking for a wounded seal. This post was no exception as many pearl-clutching, anti-Hidalgo tweeters came out to illustrate that never in their ENTIRE LIVES had they heard someone drop a (gasp) "F-Bomb" in public, and certainly not a (swoon) woman! One of the ultra-sheltered tweeters was a lady whom I have met (and actually enjoyed talking to in person) who posted under the handle of "Michelle GCR."</p><p>Now, Michelle is not a big fan of Judge Hidalgo and never has been. So, it was no surprise to me that Michelle's tweet in response to Urban Reform's tweet was short and sweet: "She is vile."</p><p>What was surprising to me, however, was to see that Kim Ogg retweeted what Michelle had said.</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjuYh_CRiLUB3m-JwTNfiZ7fPcRapLYKW6u2RCvWm7jJT-lJZtBGpVu6MoWypcJ2fAwloEp_slc64Q6meUd9OrOQV5FWzBTjPhcLf3g-Ug9vFqiyApQfj94gDhFYMv7R7GAqsSRajQLDSWdzL2KYdjn3gYtZepR4zvgfGUuGsrKzvZX6E1EgTmf1X-XjB0/s2040/Screenshot%202023-06-19%20at%2011.41.06%20AM.jpeg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="2040" data-original-width="1284" height="400" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjuYh_CRiLUB3m-JwTNfiZ7fPcRapLYKW6u2RCvWm7jJT-lJZtBGpVu6MoWypcJ2fAwloEp_slc64Q6meUd9OrOQV5FWzBTjPhcLf3g-Ug9vFqiyApQfj94gDhFYMv7R7GAqsSRajQLDSWdzL2KYdjn3gYtZepR4zvgfGUuGsrKzvZX6E1EgTmf1X-XjB0/w251-h400/Screenshot%202023-06-19%20at%2011.41.06%20AM.jpeg" width="251" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">So, if you are unfamiliar with Twitter etiquette, when one "retweets" another's "tweet," they are normally endorsing it and the sentiment behind it. There may be exceptions, but Twitter gives a user the option to comment along with that retweet (i.e., "this is wrong" when retweeting something you actually <i>disagree</i> with).</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">But Kim Ogg just retweeted the sentiment that Lina Hidalgo was, in fact, vile.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">So, I posted my own tweet, calling attention to what Kim Ogg had retweeted, and some members of the Horde of Hidalgo Haters turned their attention toward me. Most accused me of being a Lina Hidalgo apologist/fan club member. I've certainly been called worse, but the truth is that my feelings are probably best described as "okay." I voted for Ed Emmett over her in 2018 because I thought he was an amazing County Judge. I did, however, vote for Hidalgo over Alexandra del Moral Mealer, because I felt that Mealer was an election-denying, anti-vaxxing, right-wing kook. I've disagreed with Hidalgo on some issues and agreed with her on others. I don't agree with any of the racist or sexist vitriol that so many of her detractors aim at her.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Defending Hidalgo wasn't the reason for me pointing out Kim's retweet. The issue was that Kim was sharing her personal distaste for someone that she has been actively investigating for a couple of years now. This wasn't about the job Lina Hidalgo was doing. It was about the job that Kim Ogg is, yet again, <i>not</i> doing.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">A prosecutor's job is to seek justice. If you don't believe me, just watch jury selection in a criminal case and they'll be happy to tell you. They seek <i>justice</i> and the implication is that they do so without any type of personal bias or other dog in the hunt. There's also an implication in there somewhere that a prosecutor isn't supposed to seek justice for media attention or votes, but <a href="http://harriscountycriminaljustice.blogspot.com/2020/09/raps-rides-and-kim-oggs-campaign-by.html">Kim Ogg has never really adhered to that little unwritten rule</a>. From her prosecution of Arkema to HPD's narcotics squad to Dr. Hasan Gokal to three staffers in Judge Hidalgo's office, Kim has proven time and again her fondness for charging people with crimes for headlines. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">But with Kim's retweet of Michelle's "She is vile" message, our elected D.A. is showing a strong indication that her motivation for her investigations into Hidalgo and her staff is more than just capitalizing on the anti-Lina Hidalgo sentiment. Apparently, there's some personal animosity mixed in there, too.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">That's no shock to those of us who follow Harris County politics. Ogg and Hidalgo are clearly political enemies, and Ogg has misleadingly accused Hidalgo of "defunding" the D.A.'s Office on multiple well-publicized occasions. Hidalgo, as mentioned above, dropped an F-bomb when accusing Commissioner Garcia of being too closely aligned with Ogg. Both are public officials and both are entitled to their opinions. They are free to disagree and even fight with each other.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">But only one of them has the power to potentially have the other investigated and prosecuted. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">And Kim Ogg's office has done just that for well over a year now. In an "investigation" into Hidalgo's Office, there were media leaks right and left before three of Hidalgo's staffers were indicted (on what I personally believe are absolutely unsubstantiated charges based on my knowledge of the case). In the aftermath, Hidalgo expressed concerns that based on Ogg's hatred of her that she (Hidalgo) would be indicted next. Kim's retweeting of "She is vile." gives fuel to that fire and it's not what society expects from a prosecutor who is supposed to keep Justice blind to personal animosities. It's a bad look and Kim knows that. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">How do we know that? Because of what happened next . . .</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">After attention was brought to the retweet, Kim's Twitter account posted a laughably lame explanation that her account had been "hacked." </div><div class="separator" style="clear: both; text-align: left;"><br /><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhU73czFZEDQ6J8HN8qifBtR8rHu5KioEalHw2LjGEciBFQlQYGXtbYuG_dagH7VMh0bFS9jBLUjk8z3kTbRej8tdBTmOur8xb1qyIXxI6u6GHKJk7NAN__wbl50iugRJW1STuONYqHiCKIS3RFmPaJQRNYm9SAsNm6GOTX90ftialWsNxgySXdygMEqR0/s1284/IMG_8514%20(1).jpeg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="877" data-original-width="1284" height="274" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhU73czFZEDQ6J8HN8qifBtR8rHu5KioEalHw2LjGEciBFQlQYGXtbYuG_dagH7VMh0bFS9jBLUjk8z3kTbRej8tdBTmOur8xb1qyIXxI6u6GHKJk7NAN__wbl50iugRJW1STuONYqHiCKIS3RFmPaJQRNYm9SAsNm6GOTX90ftialWsNxgySXdygMEqR0/w400-h274/IMG_8514%20(1).jpeg" width="400" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">Some were skeptical.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiVltJaWbExWYiuFn_1NXB2EkYPTPZ_CdNLBMUDbIYq7ylgYna7RUrI5jdbd_cwxPswQmm8G99fsJs9hyL_5-R5LnwiRIYGsrOIWwFbenO8J8GPob7ZwCi3QsNAy9_sHcICcXD5XYPLuEpojV6c_upxd5luCZoV5Ldk9dHudb3TgkKSPzL0ztZ3H6sj4Q0/s1284/IMG_8514%20(2).jpeg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="516" data-original-width="1284" height="161" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiVltJaWbExWYiuFn_1NXB2EkYPTPZ_CdNLBMUDbIYq7ylgYna7RUrI5jdbd_cwxPswQmm8G99fsJs9hyL_5-R5LnwiRIYGsrOIWwFbenO8J8GPob7ZwCi3QsNAy9_sHcICcXD5XYPLuEpojV6c_upxd5luCZoV5Ldk9dHudb3TgkKSPzL0ztZ3H6sj4Q0/w400-h161/IMG_8514%20(2).jpeg" width="400" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">As is typical when Kim Ogg steps in dog crap, she blames someone else. It couldn't possibly be that she was so stupid to put a stunning lack of ethics on such display, could it? Of course not. She had obviously been hacked.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">If you are feeling like you are experiencing <i>deja vu</i> all over again, you aren't going crazy. Remember <a href="http://harriscountycriminaljustice.blogspot.com/2020/06/boss-ogg-rides-again.html">this fun story</a> from three years ago? It may sound eerily familiar. The short version goes like this - Kim Ogg sends out an e-mail to all prosecutors looking for "volunteers" to help at an event where she hands out free stuff to potential voters. Her e-mail notes that their participation will be reflected in their evaluation.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgkG-p93CjJFw3rnYZR1sZJFjIOfU3ATeenXPpx7dMJYTRxkkkUS0_3qLUmBvTuRqmTvE-f-DQW0pXeSVBOD8TorLapD5SWt4d20bjWxtuj_QZrM-IZEuEYPM_cn9NryP-KQ047C19qpEnPKvbga98WdUhpTmcFH58eC8Dyz_jzcMJup0PL7TF9KGE4_kY/s1466/IMG_2822.jpeg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="1466" data-original-width="954" height="400" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgkG-p93CjJFw3rnYZR1sZJFjIOfU3ATeenXPpx7dMJYTRxkkkUS0_3qLUmBvTuRqmTvE-f-DQW0pXeSVBOD8TorLapD5SWt4d20bjWxtuj_QZrM-IZEuEYPM_cn9NryP-KQ047C19qpEnPKvbga98WdUhpTmcFH58eC8Dyz_jzcMJup0PL7TF9KGE4_kY/w260-h400/IMG_2822.jpeg" width="260" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">And when some blogger points out on Twitter that perhaps coercing your employees to work a campaign event for you under threat of retaliation is <strike>completely illegal</strike> isn't a good look for an elected official, suddenly it turns out to be an unauthorized person using Kim's account without permission.</div><br /><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjWKYd0UtKlhTpinb72ZPg3cx8s3X77RLkTr_uo6WkyXA9CDssGxyn3r-aEkPFqo4RwOtzzJUT6h7IsINaddEPapM6wvoDf0aeaX0knMWUpqOlxhtgHxAWitMqsOS4htvsMQB6dPX9p_75FtiyLNjq44VsRSjUKC_guri83QNXC5G3HVRLyjN-LqIErzGU/s2334/Screen%20Shot%202020-06-25%20at%208.46.22%20PM.png" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="1856" data-original-width="2334" height="318" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjWKYd0UtKlhTpinb72ZPg3cx8s3X77RLkTr_uo6WkyXA9CDssGxyn3r-aEkPFqo4RwOtzzJUT6h7IsINaddEPapM6wvoDf0aeaX0knMWUpqOlxhtgHxAWitMqsOS4htvsMQB6dPX9p_75FtiyLNjq44VsRSjUKC_guri83QNXC5G3HVRLyjN-LqIErzGU/w400-h318/Screen%20Shot%202020-06-25%20at%208.46.22%20PM.png" width="400" /></a></div><br /><div class="separator" style="clear: both; text-align: left;">Amazing!</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">It seems to me that Kim Ogg's retweet of her thoughts on the "vileness" of Lina Hidalgo might become an interesting exhibit in that <a href="https://www.houstonpublicmedia.org/articles/news/politics/2022/06/01/426273/attorneys-for-lina-hidalgo-staffer-ask-judge-to-disqualify-da-kim-ogg-from-contract-investigation/">Motion to Recuse</a> that was filed last year.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Maybe for once, somebody might actually hold our District Attorney accountable for the extra-judicial statements she makes about the cases her Office is handling.</div></div>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com12tag:blogger.com,1999:blog-7566778230970156239.post-35067205257159477472023-05-14T18:47:00.000-05:002023-05-14T18:47:00.718-05:00I'll Take "Things That Aren't Any of the Prosecutor's Damn Business" for $1,000, Alex.<p>There were a couple of interesting things of note in <a href="https://www.houstonchronicle.com/news/houston-texas/crime/article/darius-lewis-humble-mother-manslaughter-court-18096492.php?utm_source=marketing&utm_medium=copy-url-link&utm_campaign=article-share&hash=aHR0cHM6Ly93d3cuaG91c3RvbmNocm9uaWNsZS5jb20vbmV3cy9ob3VzdG9uLXRleGFzL2NyaW1lL2FydGljbGUvZGFyaXVzLWxld2lzLWh1bWJsZS1tb3RoZXItbWFuc2xhdWdodGVyLWNvdXJ0LTE4MDk2NDkyLnBocA==&time=MTY4NDEwNzQwNzE4Nw==&rid=ZjEyM2NiMmItNTdkMS00ODBjLWFkODktNjVkZTMxYWVlZDMx&sharecount=MQ==">this article</a> about the Darius Lewis case by Nicole Hensley in yesterday's <i>Chronicle</i> that I thought were worth mentioning . . .</p><p><br /></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhZA-g-4fo1PtIQr3h5A3UQ1Jds8wXB0bqjbaDS7z7-ZvebtKYO8NVjUQQc7hlle3jji_HMd2213AKssAFGo5iyvqYblYdNhdSLcmp6qyVAYRuSttUBagq2eZyPAeNBOKSsGxs_m4PL1YjfWNbJi_Kj20W5ZUVJwHYjX8dy906xbWLy7PRVnkHQrUda/s1322/Screenshot%202023-05-14%20at%206.39.47%20PM.png" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="344" data-original-width="1322" height="166" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhZA-g-4fo1PtIQr3h5A3UQ1Jds8wXB0bqjbaDS7z7-ZvebtKYO8NVjUQQc7hlle3jji_HMd2213AKssAFGo5iyvqYblYdNhdSLcmp6qyVAYRuSttUBagq2eZyPAeNBOKSsGxs_m4PL1YjfWNbJi_Kj20W5ZUVJwHYjX8dy906xbWLy7PRVnkHQrUda/w640-h166/Screenshot%202023-05-14%20at%206.39.47%20PM.png" width="640" /></a></div><br /><p>Spoiler Alert: it isn't really up to the prosecutor to decide whether or not a client is indigent enough to qualify for appointed counsel unless he or she is doubling as the judge or county auditor. </p><p>Also, when did prosecutors start sharing <i>juvenile</i> criminal history?</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjfc8aYKalNNPS6EtOHwzmYZiycuhxCSF7hn4XhKlSnL09Se36DPj43rlBsonT-aDh-cfQreRl9Da4KZyfqFlWcHKM8v4QetlJGq61KPIsBA1gyTG-4PiGqn57lmjHVPvsI0wC55LZrahJkLggNKpBG_b-oaHp4rI74ylHxoIbqUhStAxmF27jNh6VO/s1298/Screenshot%202023-05-14%20at%206.40.08%20PM.png" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="284" data-original-width="1298" height="140" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjfc8aYKalNNPS6EtOHwzmYZiycuhxCSF7hn4XhKlSnL09Se36DPj43rlBsonT-aDh-cfQreRl9Da4KZyfqFlWcHKM8v4QetlJGq61KPIsBA1gyTG-4PiGqn57lmjHVPvsI0wC55LZrahJkLggNKpBG_b-oaHp4rI74ylHxoIbqUhStAxmF27jNh6VO/w640-h140/Screenshot%202023-05-14%20at%206.40.08%20PM.png" width="640" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;"><br /></div><br /><p><br /></p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com13tag:blogger.com,1999:blog-7566778230970156239.post-75447095735980854622023-02-18T22:03:00.002-06:002023-02-18T22:11:16.238-06:00Lyn McClellan<p>I have always said that the best thing about working in the Harris County Criminal Justice World is that it provides us the opportunity to walk amongst giants. Harris County boasts some of the most famous names in the history of Texas Criminal Justice: Percy Foreman, Racehorse Haynes, Dick DeGuerin, Rusty Hardin, Kelly Siegler, Johnny Holmes, and Dan Cogdell, to name a few. As impressive as all of those names are and the large volume of famous cases associated with them all, the name and face that I always though of when I spoke of giants was retired Harris County District Attorney's Office Bureau Chief Lyn McClellan.</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjZi86MxCmMSe0Usf0VjTYPcKloDubGTvT0u3v_PvWSv7NW-RRYuxrbqiSkoVMJw0Gbf0Mh0FK6RP8z1D8QLVsqm36-zOhMTQAakZFl3Dx59y3Z01IwCOzPOX1JINnwoNgP1NdiAsaPMNNDd7V8OcT_tFZhE2v08hiQ_mFEVNZyeNVAeGZ_lPf2ccVx/s2592/IMG_0690.JPG" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="2592" data-original-width="1936" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjZi86MxCmMSe0Usf0VjTYPcKloDubGTvT0u3v_PvWSv7NW-RRYuxrbqiSkoVMJw0Gbf0Mh0FK6RP8z1D8QLVsqm36-zOhMTQAakZFl3Dx59y3Z01IwCOzPOX1JINnwoNgP1NdiAsaPMNNDd7V8OcT_tFZhE2v08hiQ_mFEVNZyeNVAeGZ_lPf2ccVx/s320/IMG_0690.JPG" width="239" /></a></div><p>Lyn passed away this morning after a lengthy illness.</p><p>Lyn was a career prosecutor who had been at the Harris County District Attorney's Office for at least twenty or twenty-five years before I started there in 1999. He retired in November 2008, shortly before I headed out the door. I wrote <a href="http://harriscountycriminaljustice.blogspot.com/2008/11/academician-retires.html">this post</a> about him back on the occasion of his retirement.</p><p>He was an understated but fierce trial lawyer who had handled some of Harris County's most famous cases. He became the head of the Misdemeanor Division shortly after I started at the Office, which gave the baby prosecutors of my day the amazing opportunity to learn from a true legend of the game. It was the legal equivalent of finding out Tom Brady is coaching your high school football team.</p><p>Lyn exemplified the ideal of leading from the front as he supervised fifteen county courts with three prosecutors each -- none of whom had more than two or three years of prosecutorial experience. He raised a generation of us, and he held our love and loyalty throughout our careers. He was sarcastic and funny without ever being anything that approached unkind. He would offer advice, and if you asked him, off the cuff, to sit with you in trial, he would do it in a heartbeat.</p><p>He never bragged about his trial exploits, and if asked for a war story, he would usually tell a funny backstory to a case that had nothing to do with his trial skills. He wasn't afraid of getting in trouble if it was for the right reason and he never criticized the prosecutors who made mistakes. He turned all mistakes into teachable moments and he did so with a sense of humor. If you were a baby prosecutor who screwed something up, he worked you through it so it didn't happen again. He was the kind of boss that when you had something that you had reached your limit with, you felt no qualms about taking it to him. You knew he wasn't going to make you feel dumb or bad for not being able to handle it yourself.</p><p>I remember being a Misdemeanor Chief in Court Five around 2001 when my Three brought me a criminal mischief case where a kid had thrown a rock at a car as it drove down the street. The lady driving the car wanted charges upgraded to (I kid you not) Attempted Murder, and she was going on a verbal rampage toward anyone who would listen. I tried reasoning with her and was getting nowhere. When she demanded to speak with my supervisor, I was more than happy to pass it to Lyn. Without ever losing his temper, he took the lady through what a trial would look like when she took the stand and tried to convince the jury that a rock-throwing teenager had murderous intentions. </p><p>Lyn's catchphrase was loudly challenging someone to combat his logic by leading off with "I DEFY YOU TO SHOW ME . . . " and he used that phrase on me more times than I can count. I loved arguing and messing with Lyn. He took it all in stride and enjoyed the banter. </p><p>Around this same time, a large group of my peers were selected to go to Career Prosecutor School in South Carolina if they agreed to extend their commitment at the Office. Somehow, I didn't get an invite, so I asked Lyn why I had been excluded. He replied: "We're trying to get all those people to stay longer by sending them. We know we couldn't get rid of you if we tried."</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjaR2MXH4JDvWXVHIUe7jq_zvqLMfXvsjLvDr4QE7-b_obBAJAASv34hEDWAihrhRnf8y8bsGtX8sNbFGnaO_wTGOOWgTLxoV6yh8LileOwoPY1aRxLpw14zNvm4D8wRnn8N9gOq9Jek7302OsI5Z-gjLcetY5QZCsUOi2ZJph9dIFz8VO23rTbxWTU/s640/Lyn%20Shoots%20the%20Bird.JPG" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="480" data-original-width="640" height="240" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjaR2MXH4JDvWXVHIUe7jq_zvqLMfXvsjLvDr4QE7-b_obBAJAASv34hEDWAihrhRnf8y8bsGtX8sNbFGnaO_wTGOOWgTLxoV6yh8LileOwoPY1aRxLpw14zNvm4D8wRnn8N9gOq9Jek7302OsI5Z-gjLcetY5QZCsUOi2ZJph9dIFz8VO23rTbxWTU/s320/Lyn%20Shoots%20the%20Bird.JPG" width="320" /></a></div><div class="separator" style="clear: both; text-align: center;"><span><b>Lyn saying thanks to me for letting him </b></span><b>use the phone in my office.</b></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">Lyn was a leader who loved moving amongst his troops. When I was a younger prosecutor, my group all participated in Steak Night every Wednesday night at Little Woodrow's on West Alabama. We always invited Lyn to join us to which he would reply, "I'll show up when you start having it north of 1960." He didn't drink, but would always come to lunch with us young ones just to hang out and talk. He was our boss, but he was also so very much <i>one of us</i>. We adored him and we admired him.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">In 2000, as notorious serial killer Rafael Resendez-Ramirez (the Railcar Killer) went to trial, Lyn joined future District Attorney Devon Anderson and District Attorney Johnny Holmes (in his last trial as a prosecutor). His job was to attack the insanity defense, and pretty much the entire Misdemeanor Division attended to watch and learn. Lyn put on a clinic and taught us all how to handle those cases and handle voir dire on what can be an extremely tricky issue. He was an outstanding trial lawyer.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Even after we graduated into the ranks of Felony Prosecutors and he left Misdemeanor to be the Felony Trial Bureau Chief, we all still sought Lyn's advice -- and he was always there to give it. He was someone we would follow into battle and he was always someone who was there to help us through any battles that we were facing -- both personal and professional.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">I'm happy to say that Lyn and I stayed in touch after he retired from the Office and I became a defense attorney. I would run into him from time to time in the misdemeanor courts. He did a little bit of defense work but only on low-level offenses where no one got hurt. His heart always belonged to the victims of violent crimes, so I wasn't surprised to see him avoid defending felony cases. He was also a deeply religious man who worked in prison ministries. Although he was a prosecutor to his core, he believed in redemption.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">He would occasionally come to lunch with us until his health began to fail him. Whenever we could get him to come south of 1960, there were plenty of his former prosecutors who would come to see him. We would talk about the old days and laugh until we turned red. It was a nice reminder that even when you leave the house you grew up in, you are still family.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgfXCjsJso_DxaebDChqbk1UjT0fDug6WjcMmab0R0TETd8ng68nDewiUGES1zWdcEIfpYWUoonzaD_n1e8RYP7piW5MXOAQpXw3RV9jW0Dmb4dOlGSYWP0-KfvWpxVZqSuWku73M8OaRjoHOATrRHvF64qD_oRT8mf472rGwF9KXQGWKYTxAonXVhL/s2808/IMG_0038.jpg" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="1872" data-original-width="2808" height="213" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgfXCjsJso_DxaebDChqbk1UjT0fDug6WjcMmab0R0TETd8ng68nDewiUGES1zWdcEIfpYWUoonzaD_n1e8RYP7piW5MXOAQpXw3RV9jW0Dmb4dOlGSYWP0-KfvWpxVZqSuWku73M8OaRjoHOATrRHvF64qD_oRT8mf472rGwF9KXQGWKYTxAonXVhL/s320/IMG_0038.jpg" width="320" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">When I talk to today's current prosecutors about what the Office used to be like, they often express some level of disbelief that it was once a fantastic place to work. They have a hard time comprehending what having an inspiring leader who backed you up and taught you at the same time would be like. Sadly, most of them never heard of Lyn McClellan.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">That's a shame, but it isn't surprising. Lyn never sought the limelight or attention. He just did his job and led from within. In so many ways, he was the heart and soul of the Office. He shaped a generation of Harris County prosecutors and we wouldn't be who we are today without him.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">I'm proud to have worked for Lyn McClellan and proud to call him my friend. He was a Giant amongst Giants in one of the most famous places in all of the Criminal Justice World.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">And he was one of the best people I ever knew.</div>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com5tag:blogger.com,1999:blog-7566778230970156239.post-86092668170732468382023-02-11T18:25:00.001-06:002023-02-11T18:25:11.987-06:00Life at the Harris County Criminal Justice Center: The TikTok Channel<p> So, as evidenced by the fact that I haven't written a blog post in several months, I don't have a lot of time to sit down and blog like I used. That's not a bad thing. In addition to having a busier work schedule over the past few years, keeping up with my kids' activities pretty much has me on the go all day long.</p><p>There have been plenty of times that I've seen a topic that I wanted to do a blog post on (like, say for instance, my thoughts on the November elections) but by the time I have time to sit around and actually <i>write</i> the blog post, its already become old news (like, say for instance, my thoughts on the November elections).</p><p>I still love talking about the CJC and all of the things going on in it. I just need to find a way to talk about it that doesn't involve hours of writing.</p><p>So, I discovered this little-known medium called TikTok that nobody has ever heard of and decided that it really needed a pudgy bald guy to share his thoughts on a relatively obscure topic. </p><p>I cannot begin to describe how painfully awkward making a video narrative is, and I detest the way I both look and sound on camera. However, I do think it is a faster way to talk about ongoing topics at the courthouse, so I'm giving it a shot. I've done three videos so far, including one on Sean Teare's not-so-shocking departure from the Office yesterday. Feel free to check them out if you have a couple of minutes of your life that you'll never get back.</p><p>Just for the record, I completely intend on keeping the blog up and running and plan to return to it when I'm able. Some things just need to be written down.</p><p>In the meantime, you can find the <a href="http://www.tiktok.com/@lifeattheharriscountycjc">TikTok page here</a> or look for @lifeattheharriscountycjc on the app. </p><p>It should go without saying that the TikTok views do not reflect the views of my law partner, Cheryl Chapell, who has graciously refrained from rolling her eyes at this project in my presence.</p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com1tag:blogger.com,1999:blog-7566778230970156239.post-46781972757320925302022-10-24T17:33:00.002-05:002022-10-24T17:33:49.515-05:00The 2022 Election: The District Court Races - Part Three of Three<p><b>180th District Court -- Judge Dasean Jones (I)(D) vs. Tami Pierce (R) -- </b>There is probably no greater contrast in the type of candidates on either side of the ballot than the one we see in the battle for the 180th District Court. The Republican challenger, Tami Pierce is a retired police officer and former prosecutor whose campaign website encourages voters to be "Fierce with Pierce." She apparently was a defense attorney for ten years before becoming a prosecutor in Polk County. Although it is a cute slogan, I'm not sure that ferocity is something that attorneys look for in a presiding judge. The ideal judge, as I noted in <a href="http://harriscountycriminaljustice.blogspot.com/2022/10/the-2022-election-overview-part-one-of.html">part one of this election recap</a>, is a neutral one who can call balls and strikes without an agenda -- no ferocity necessary. Although I will give her credit for being well-versed in criminal law, the fact that her career hasn't been in Harris County bothers me. Harris County isn't a small county like Polk and I don't know how it could be more polarly opposite.</p><p>By contrast, Judge Dasean Jones is probably one of the quietest and most subtle people that I know. I knew him before he was a judge and before I knew of his political aspirations found him to be someone very concerned about the Criminal Justice System being fair to all those who came before it. He is an Army veteran who saw active duty and continues to serve as a Major in the Army Reserves. He has strong opinions about how the Criminal Justice System and it should be no surprise that he has not allowed himself to be anything remotely resembling an arm of the prosecution. The calls that he has made from the Bench are made from a position of what he thinks is best. He's making calls as a member of an independent judiciary as he should -- even if public opinion doesn't like it.</p><p><b>182nd District Court -- Judge Danny Lacayo (I)(D) vs. Robert Jackson (R) -- </b>there are several things that I find to be wildly amusing about the candidacy of Robert Jackson who is running for the 182nd District Court against the wildly popular incumbent Judge Danny Lacayo. During the primaries, the DA's Office angrily denied encouraging its prosecutors to run against judges it disliked. I guess they consider encouraging one of its <i>investigators</i> who just so happens to possess a law degree to be a different matter. The second thing that I find to be wildly hysterical is Investigator Jackson is touting having won the Houston Bar Association's Judicial Preference Poll when he doesn't actually practice law.</p><p>Here's a spoiler alert for any potential voters looking at the Houston Bar Association's Judicial Preference Poll: it's not an accurate barometer of the opinion of people who actually practice criminal law. The vast vast majority of Criminal Defense Attorneys in Harris County aren't members of the Houston Bar Association for a couple of reasons. The first reason is that it largely caters to attorneys who practice civil law. The second is that it is generally a fairly conservative organization and <i>most</i> defense attorneys are more liberally leaning. Additionally, the Harris County District Attorney's Office has traditionally paid for membership for all of its prosecutors to be members of the Houston Bar Association so that they would have a voting bloc. There is probably no better example of how this turns out a skewed result than an investigator who doesn't actually practice law being deemed a better jurist than a very well-liked and respected judge like Lacayo.</p><p>I've known Judge Lacayo since he was a baby prosecutor and I am proud to also call him my friend. He was a fair and reasonable prosecutor during his time with the Office before becoming a diligent and zealous advocate with the Public Defender's Office. On the Bench, he has proven himself to be a neutral yet tough judge. He is the first person to give a non-violent a second chance, but he's made himself very clear that he isn't a fan of the third chance. I've had him rule against me more than I've had him rule for me but his rulings were all based in the law, not personal preference. He follows the law to the letter and isn't afraid to drop the hammer on someone he finds to be beyond redemption. He's a fantastic judge and deserves to be reelected.</p><p><b>183rd District Court -- Gemayel Haynes (D) vs. Kristin Guiney (R) -- </b>the 183rd District Court Bench is technically an open bench since Democratic candidate Gemayel Haynes defeated incumbent Judge Chuck Silverman in the primary. He faces former 179th & 232nd District Court Judge Kristin Guiney on the ballot. Both candidates are good friends of mine, so this is a tough one for me. </p><p>Kristin Guiney had an excellent reputation on the Bench during her tenure. She was first elected to the 179th in the 2012 election, only to be swept out in 2016 with the remainder of the Republican Judges. She was appointed to the 232nd District Court to complete the term of Judge Mary Lou Keel when Keel went to the Court of Criminal Appeals but was swept out again in 2018 as part of that Democratic Sweep. No one, including her opponents in those races, would attribute those losses to anything she had done wrong. She was very well-liked and respected during her time on the Bench and that was a feeling shared by both the Defense Bar and the State. On a personal note, Guiney is someone I've known since she started at the Office. We don't see each other as often as we used to but she is still a family friend.</p><p>Similarly, Gemayel Haynes is also a good friend of mine that I've had the opportunity to know and watch since he started as a lawyer. We also used to be neighbors (RIP Dorothy's!) I've watched him grow from a <i>relatively</i> shy (or at least quieter) prosecutor into an outspoken leader within the Harris County Public Defenders Office. I always enjoy talking to him because he is so passionate about the Criminal Justice System and the fair application of the law to all people accused of crimes. I think that he also would make a great judge.</p><p><b>184th District Court -- Kat Thomas (D) vs. Lori Deangelo (R) -- </b>The 184th District Court is another open bench after Democratic candidate Katherine "Kat" Thomas defeated incumbent Judge Abigail Anastasio in the March primary. I find this race to be a curious one because it has a defense attorney running as the Republican and a prosecutor running as the Democrat. Both candidates are friends of mine. I've known Lori Deangelo longer, but I would say that I'm closer to Kat.</p><p>Lori was slightly ahead of me at the Office in seniority and she stayed on quite a bit longer than I did. When I dealt with her from the defense side of things, she was always fair and pleasant to work with. She was on track as a career prosecutor and I was surprised when she left the Office. She ran for District Attorney in 2020 but did not win the Republican nomination. She has been a defense attorney for quite some time now and I do think that is a valuable perspective to have as a judge.</p><p>For about a year or two, it seemed like almost every case I had pending in Harris County was being handled by Kat Thomas, but I definitely was not complaining about it. I enjoyed working on cases with her. She was professional, friendly, and completely above board in all of the cases that we worked on together. She was the prosecutor in vehicular crimes and we dealt with some pretty gruesome and tragic cases. She was open-minded and fair. She was a prosecutor whose word I could take to the bank and she was a pleasure to work with.</p><p><b>185th District Court -- Andrea "Andy" Beall" (D) vs. Chris Carmona (R) -- </b>like the 183rd and 184th, the race for the 185th District Court is an open one after Andy Beall defeated incumbent Judge Jason Luong in the March primary. I was pretty open about my support for Judge Luong in March and my disdain at the many of the "below the belt" attacks on him as a judge. I was disappointed that the campaign took that tone because I thought it was unnecessary. Andy Beall was a strong candidate who could have run a strong campaign on her own credentials. I did feel that her positions on certain criminal law issues were more closely aligned with Republican ideology than Democrat and I pointed that out.</p><p>All of that being said, I'll vote for Andy in the 2022 election because her experience is in Criminal Law. She is a felony chief prosecutor and she understands that system.</p><p>I don't really know Chris Carmona personally, although I'm friends with him on Facebook. I supported him when he ran for County Attorney in 2016 against Jim Leitner because he, um, was running against Jim Leitner. That being said, it seems like Carmona runs for a different office quite frequently. That doesn't mean that he's a bad person or even a bad candidate, but I'd rather have someone on the Bench who is dedicated to the practice of criminal law and not just seeking an elected position.</p><p><b>208th District Court -- Beverly Armstrong (D) vs. Heather Hudson (R) - </b>the race for the 208th District Court Bench is an unusual one for me because I don't know either of the candidates. As I mentioned in my primary write-up back in February, Beverly Armstrong has been a career prosecutor in some of the surrounding counties and quite a few people that I know and respect have spoken very highly of her. According to her website, Heather Hudson is a career prosecutor who has worked in other jurisdictions but has been in Harris County for several years now. It indicates that she is in the appellate division, so that would easily explain why I don't think I've met her. </p><p><b>209th District Court -- Judge Brian Warren (I)(D) vs. Kevin Fulton (R) -- </b>the race for the 209th District Court is not a close one for me. Judge Brian Warren and I have been good friends since we served together in the 174th District Court as prosecutors. He left the D.A.'s Office before I did to start a successful career as a defense attorney, and he took the time to sit second chair with me when I tried my first case as a defense attorney. In many ways, he's like a brother to me and I couldn't be more excited or proud to see what a great job he's done on the Bench during his first term. He has proven himself to be a careful and thoughtful jurist who is actively involved the day-to-day operations of the CJC. </p><p>I'm not familiar with the Republican candidate in this race, Kevin Fulton, and I'm not seeing that he even has a campaign website up. His State Bar profile lists him as a lawyer who practices "business, family, labor-employment, litigation, personal injury, real estate, wills-trusts-probate." Notably absent from that list is criminal law, which should be tremendously concerning to anyone who actually cares about the Criminal Justice System.</p><p><b>228th District Court -- Judge Frank Aguilar (I)(D) vs. Andy Taylor (R) --</b> as I noted in my February write-up on the primaries, I'm a big fan of 228th District Court Judge Frank Aguilar and out of the judges elected in the 2018 election, I've probably had the most contested hearings in front of him. In each instance that I've appeared before him, he let the parties try their cases without intervening unless called upon. He called balls and strikes and made his rulings based on the law. His personality was never interjected into the proceedings. In my mind, that's what a judge should do and how a judge should be. He is not a judge who could be described as either being pro-Defense or pro-State, and that's all that I think we could ask for.</p><p>I've seen his Republican opponent, Andy Taylor, around the courthouse on a regular basis, but I don't know him personally. I actually didn't know his name until I looked up his campaign website. To be fair, he does practice criminal law unlike many of the other candidates the Republican Party has chosen to run against good judges. I don't know much about him. </p><p><b>230th District Court -- Judge Chris Morton (I)(D) vs. Brad Hart (R) - </b>ugh. And then we get to these two candidates, who seem to be bound and determined to give me an ulcer by running against each other again. They ran against each other in 2018 when Judge Morton won the bench previously held by Hart, and I told them both back then that they were stressing me out because they were both close friends. So apparently, they decided it would be fun to run against each other again.</p><p>The reason that the race between these two candidates stresses me out so much isn't just because they are good friends. It is also because they are both good judges. Brad Hart was my first chief when I started at the D.A.'s Office and I consider him to be a friend and a mentor. He was a good prosecutor, teacher and leader. I was very happy for him when he became judge and I thought he did a great job of it. I was honored to speak at his investiture. As I wrote back in 2018, I was disappointed when Chris ran against him although I thought Chris would make a great judge too.</p><p>As it turns out, I was right. Chris Morton has turned into a great judge. He's proven himself to be the kind of judge that you hope to find on the bench if you find yourself having to go to court. He follows the law and his conscience without allowing himself to be swayed by public opinion or pressure. He's making rulings based on his considerable judgment and is more than happy to take as much time as needed to explain his rationale if you disagree with him. He's not swayed by personal friendships (he set one of my client's bonds at $1.5 million) and takes great steps to ensure that the appointed attorneys in his court aren't selected by him in order to ensure neutrality.</p><p><b>232nd District Court -- Judge Josh Hill (I)(D) vs. Joshua Normand (R) -- </b>one of the easier decisions on the ballot is the race between incumbent 232nd District Court Judge Josh Hill and attorney Joshua Normand. Since taking office in January 2019, Judge Hill has done an outstanding job on the Bench, running his court fairly and efficiently without showing any level of favoritism toward either the State or the Defense as he makes his rulings. He has been active in seeking (and giving) input to help keep the Criminal Justice Center moving along as effectively as possible during the Covid crisis. </p><p>On the Bench, he has been a compassionate judge who will take a considerable amount of time talking to Defendants to make sure that they understand the legal process. He takes his time reviewing all the relevant factors in determining bond. He does his own legal research on issues that he doesn't know the answer to off the top of his head. He makes his rulings based on the right factors instead of public opinion.</p><p>As with several of the other candidates on the Republican side of the ballot, I don't recognize Joshua Normand by name or sight after looking at his website. His professional website indicates that he primarily does tax law, which is a far cry from criminal law. It mentions that he does some criminal law, but I have no idea who he is.</p><p><b>248th District Court -- Judge Hilary Unger (I)(D) vs. Julian Ramirez (R) --</b> I didn't know Judge Hilary Unger very well before she took the bench in January 2019, although I think I've known her in passing since I've been in Harris County. During the past several years, I've gotten to know her better as I've appeared in her court on multiple occasions and also had meetings with her and other judges about the Managed Assigned Counsel (MAC) program.</p><p>Judge Unger is someone who is extremely passionate about the Criminal Justice System and works hard to make sure that it is fair and equitable to all who appear before her. She has no qualms about spending as much time as she needs to when evaluating issues before her, both big and small. She devotes a great amount of attention to all matters before her and she does a good job.</p><p>Republican candidate Julian Ramirez and I used to be friends when we were both at the District Attorney's Office but had a falling out after I left. I'm not a fan and I don't trust him. He was one of the prosecutors whose contract was not renewed by Kim Ogg when she took Office. After leaving the Office, he has stayed away from any defense work but has done some special prosecutions. I'm not sure if that's because he can't bring himself to be on the defense side of things, but he definitely lacks perspective on that side of the Bench. </p><p><b>262nd District Court -- Judge Lori Gray (I)(D) vs. Tonya McLaughlin (R) --</b> I only knew Judge Lori Gray in passing prior to her taking the Bench in 2019. She's a very nice lady, but I don't know her well at all. During the few times I've appeared in front of her, she's been very nice, but I've never had to try anything contested in front of her. I don't have anything negative to say about her.</p><p>I have known Tonya McLaughlin since she and I worked together at the D.A.'s Office, and I think the world of her. I supported her when she previously ran for Court 10 back in 2014 and I stand by all of the nice things I had to say about her back then. Tonya has been a prosecutor and a defense attorney. She knows trial work and she knows appellate work. She's also one of the genuinely nicest people I know. I think she would make a fantastic judge.</p><p><b>263rd District Court -- Melissa Morris (D) vs. Amber Cox (R) -- </b>the 263rd District Court is also an open race after Democratic Candidate Melissa Morris defeated incumbent Judge Amy Martin in the March Primary. As I mentioned in my February post, I don't know Melissa except in passing and we are friends on Facebook. She has always been very nice to me, but I just don't know enough about her to say too much.</p><p>I know Republican Candidate Amber Cox a little better than I know Melissa. Amber is a prosecutor at the D.A.'s Office and I worked with her on a very serious case involving some serious injuries that had a very strong self-defense claim. Amber was extremely above-board and heard me out on the issues I brought to her attention and, in my opinion, she ultimately did the right thing. I enjoyed working with her on that case, but have not had many other opportunities to do so. She is always friendly but I do not know her very well outside of work.</p><p><b>482nd District Court -- Veronica Nelson (D) vs. Judge Maritza Antu (R) - </b>the race for the 482nd District Court is an anomaly on the ballot this year because it is the one and only criminal judicial race where the sitting judge is a Republican facing a Democratic challenger. That's because the 482nd is the newest court in the county, having been created by the legislature only a year or so ago. Since it was newly created, the Governor got to pick who the new judge would be. Since the Governor is Republican, he obviously picked a Republican to be judge, and the person he appointed was former prosecutor and then defense attorney Maritza Antu.</p><p>There are a couple of caveats that I have to give before proceeding. </p><p>The first caveat that I need to give is that Judge Antu's opponent, Veronica Nelson, is someone that I consider to be a very close friend. She and I tried a case against each other when she was a relatively junior prosecutor at the District Attorney's Office and I respected the way she tried the case. She was candid, reasonable, and completely above-board in her handling of a case. We got to be friends during the course of that trial, and she is one of my favorite people to talk to. She likes to give me hell, but she knows she loves me. Veronica left the D.A.'s Office several years ago and since then has served as the Staff Attorney to the Criminal and Civil Courts at Law. Her duties are advising those judges on issues in the law that they may need assistance with. </p><p>Veronica is very invested in the Harris County Criminal Justice System and what needs to be done to improve it. We talk quite frequently about issues we see in the CJC and I have always appreciated her insight. I think she would make a phenomenal judge and she has my full support. She cares about the integrity of the system and would be a great addition as judge.</p><p>I knew Judge Antu when she was a prosecutor and never had a conflict with her. She handled cases that I was defending and I always found her to be fair (maybe a little overzealous) on my cases. We didn't often agree, but we didn't fight. She, too, was a victim of Kim Ogg's purge when Ogg took office in 2016, and I felt that was unwarranted (as I felt about almost all of the other victims). We were friendly with each other after she left. I'm friends with her husband, Matt Peneguy, who works for the Feds. Our kids went to the same daycare and we talked at a great many birthday parties. We weren't best friends but we certainly weren't enemies.</p><p>In the election of 2018, she ran for the Republican nomination for the 185th District Court against former Judge Stacey Bond. In <a href="http://harriscountycriminaljustice.blogspot.com/2018/02/the-2018-contested-republican-primaries.html">my blog write-up back then</a>, I said nothing negative about Judge Antu, but I did note that Judge Bond was one of the best judges I had ever practiced in front of. Ultimately, Judge Bond won the primary, only to lose to Judge Jason Luong in the general election. Judge Antu never spoke to me socially again, however. We weren't super close to begin with, but I was kind of surprised at how angry she was about me failing to endorse her. </p><p>I don't bring that up to reopen old wounds, but to give context when I say that to her credit, Judge Antu has been nothing but courteous and professional to me on the Bench. When the 482nd was created, multiple cases were pulled from the already existing courts and sent to the 482nd to ultimately be disposed of. Several very serious cases that I had pending elsewhere were suddenly in front of someone who hadn't made eye contact with me in years. I was concerned. Ultimately, the concern that she would treat me unfairly for personal reasons was misplaced. Almost all of those serious cases of mine ended up being dismissed when Judge Antu held the State to a strict timetable for being ready for trial.</p><p>That being said, I do have concerns that Judge Antu's has very pro-prosecutorial tendencies that have led to her assisting the State on occasion when the State fails to do its job. I recently had a client charged with a serious case who was alleged to have committed bond violations. The State moved to hold him at no bond, and as his attorney, I demanded a hearing on that matter. The standard of proof that the State would have needed to prove to have my client held at no bond was not very high. All they really needed to do was subpoena one witness and have that witness testify for about five minutes.</p><p>We set the case for a hearing. The State forgot to subpoena any witnesses.</p><p>On the day of the hearing, the State proceeded to the court on the hearing with no witnesses. I object right and left that without witnesses, my client was being deprived of a hearing. That was denied. The State attempted to introduce documents without a witness to authenticate those documents or show that they were relevant to my client. I objected. That objection was overruled. At the end of the hearing, the State's motion to hold at no bond was granted.</p><p>In the big scheme of things, I can say that if the prosecutors had put on the evidence that they were required to, pretty much <i>any </i>judge in the CJC would have most likely held my client at no bond. But, I think that every judge in that building would have required the State to make that minimal effort to prove the facts alleged first. Judge Antu didn't, and that concerned me. It is my understanding that I'm not the only attorney who has gone through this with her, and I want to be very clear that I don't think her ruling was anything personal. And if you are wondering, yes, I'm working on a writ to hopefully correct it and get an <i>actual</i> hearing.</p><p>The issue that I have with Judge Antu's ruling is what concerns me about what seems to be the platform of the Republican Judicial candidates in general. I don't like the message that "even if the prosecutors don't do their job and prove a case, the judges will incarcerate the accused anyway." It's contrary to the principles of the Constitution and the entirety of the Criminal Justice System. </p><p>I believe that if the State does what it is supposed to do, then ultimately the truth will prevail and the System will work. If the State doesn't do what it is supposed to do, then it won't. It's just that simple.</p><p>But what the System definitely does <i>not</i> need is a judiciary that is there to help the State along anyway when the State doesn't meet its burden. That's not justice. That's just having a second prosecutor on the bench. If the State can't win a case without another prosecutor on the Bench, then maybe they shouldn't be trying it in the first place.</p><p><br /></p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com6tag:blogger.com,1999:blog-7566778230970156239.post-50640136808368300302022-10-23T17:40:00.005-05:002022-10-23T20:19:43.067-05:00The 2022 Election: The County Court at Law Races - Part Two of Three<p>Okay, let's jump right in. Hopefully, if you are reading this, you've already read <a href="http://harriscountycriminaljustice.blogspot.com/2022/10/the-2022-election-overview-part-one-of.html">Part One</a> of my sweeping epic on the 2022 Election. Also, many of these candidates <a href="http://harriscountycriminaljustice.blogspot.com/2022/02/the-2022-primary-elections.html">I talked about in more detail during the primary elections earlier this year</a>.</p><p><b>County Court at Law # 1 -- Judge Alex Salgado (I)(D) vs. Nathan Moss (R) --</b>I didn't know Judge Alex Salgado at all prior to him taking the Bench in January of 2019 and my appearances before him during his tenure have been very limited. I have spoken to him in court and he is an incredibly nice man who runs a very fair and efficient court. He was a prosecutor for nine years (he mentioned to me that many of those years were in Walker County) before taking the Bench.</p><p>Nathan Moss is a Felony Division Chief at the Harris County District Attorney's Office and one of the few remaining prosecutors that were there when I was. He was a baby prosecutor around the time I left. He's also my neighbor! Nathan is a personal friend and an extremely intelligent prosecutor. He's a career prosecutor (as was Judge Salgado before taking the bench).</p><p><b>County Court at Law # 2 -- Judge Ronnisha Bowman (I)(D) vs. Paula Goodhart (R) -- </b>as was the case with Judge Salgado, I did not know Judge Bowman prior to her taking the Bench, and I don't have any experience appearing before her since she was elected in 2018. Unfortunately, I just don't have much information to share with her because of that. Don't read anything into that. I just don't have a basis to give you any information. I wish I did.</p><p>Paula Goodhart is the former judge of County Court at Law #1 who lost her bench in the 2018 Democratic sweep. She is also a friend who I've known since we were both prosecutors at the D.A.'s Office. Paula was senior to me at the Office (that's not an age joke) and was a Felony District Court Chief when she left. She was very well-liked as a judge and has had a very busy and successful defense practice since leaving the Bench.</p><p><b>County Court at Law # 3 -- Porscha Brown (D) vs. Leslie Johnson (R) -- </b>the County Court at Law # 3 bench is an open bench this election cycle due to Judge Erica Hughes leaving the bench mid-term for a Federal position. The current judge of the court is Ashley Guice, who did not run as a candidate for the permanent position. As an aside, Judge Guice has done a great job during her brief tenure and I hope she does run for a Bench in the future.</p><p>I don't know either Porscha Brown or Leslie Johnson particularly well, but I'm friends with them both. Both of them are defense attorneys. I would say that I've known Leslie longer but I probably know Porscha a little better.</p><p>Porscha won a very decisive victory in a three-person Democratic primary earlier this year. She is a public defender with the Harris County P.D.'s Office and I have seen her argue in court. She's a very impressive and zealous advocate for her clients and she is very well-liked amongst her co-workers at the P.D.'s Office and the Defense Bar, as well.</p><p>Leslie is also a respected member of the Defense Bar. She is married to defense attorney Dane Johnson, who I've known for ages. I don't have anything negative to say about Leslie at all, but I don't have a whole wealth of knowledge about her, either. </p><p><b>County Court at Law # 4 -- Judge Shannon Baldwin (I)(D) vs. Zachary Gibson (R) -- </b>I've known Judge Baldwin since she was a defense attorney prior to taking the Bench in 2019. We were friendly, but not particularly close friends. I have had the opportunity to appear before her in her court on multiple occasions over the past four years, however, and I can attest to her being a very good judge. She is serious, fair, and efficient. I have not had a trial in front of her, but have approached on evidentiary matters and found her approach to be thoughtful, insightful, and balanced. She has done a great job on the Bench.</p><p>I don't believe that I know Zachary Gibson personally, but I'm aware that he is a Harris County District Attorney's Office prosecutor. I'm not familiar with him but have noticed that there is a commentor on the blog who seems to <i>really</i> dislike him, according to the comments left on other posts. I can't (and wouldn't) vouch for experiences that aren't my own, but I will say that my positive experiences with Judge Baldwin have earned my vote for her in this race.</p><p><b>County Court at Law # 5 -- Judge David Fleischer (I)(D) vs. Elizabeth Buss (R). </b>Judge David Fleischer is one of my favorite people at the CJC. We got to be friends when he was running for judge in 2018 and he has done a great job on the Bench. He works so hard to get everything right and it stresses him out so much when he thinks he's messing something up. He's a good man and a good judge. He leads from a place of compassion in his decisions but isn't afraid to be tough when the situation calls for it. I've appeared before him on several cases during his tenure. I've had wins and losses on issues with him, but he always did what he felt was right in his heart and I admire that.</p><p>Liz Buss is a prosecutor with Harris County that I also like a lot. I've dealt with her on cases in the past and she has been nothing short of friendly, courteous, and fair. I have absolutely nothing negative to say about her. </p><p><b>County Court at Law # 6 -- Judge Kelley Andrews (I)(D) vs. Mark Montgomery (R) -- </b>as I mentioned in my February post on the primaries, I've known Judge Kelley Andrews since she was a rookie defense attorney many moons ago, and I think the world of her as well. She is a personal friend who I enjoy talking to on those rare occasions that I get the opportunity to. I've also appeared in her court multiple times over the past several years and have enjoyed the way she runs her courtroom. She calls balls and strikes and lets the attorneys do their job. In addition to her regular duties, Judge Andrews also helped create (and currently runs) the Mental Health Court for misdemeanor cases. She is immensely qualified, has done a great job, and deserves to be re-elected.</p><p>I do not know Mark Montgomery, and I don't recognize his picture from his website. He is apparently a retired Houston Police Department lieutenant who practices in multiple areas of law. His website says that he does some criminal, but, like I said, I don't recognize him. </p><p><b>County Court at Law # 7 -- Judge Andrew Wright (I)(D) vs. Mike Monks (R) -- </b>In what can only be described as the greatest disparity in hairstyles on the ballot this year, Judge Andrew Wright is running for a second term against longtime defense attorney Mike Monks. As with so many of the other contests I'm writing about here, both candidates are friends of mine. I knew Judge Wright before he took the bench in January 2019, but I've gotten to know him better over the years. As I wrote back in February, he ran for the Bench because he has strong feelings about how the Criminal Justice System should operate and he's made those feelings the backbone of his time on the Bench. Almost immediately, he let the State know that he would hold them to their obligations to turn over Discovery and follow those duties that they are required to perform under the Code of Criminal Procedure. He has firm policies in his court and he expects them to be followed. There's nothing wrong with that, and I admire him for his vision and direction as a judge.</p><p>Although another candidate in a race a few years back referred to himself as an "institution" of the courthouse, Mike Monks is truly an institution in our Criminal Justice Center world. He was an experienced lawyer when I first walked in the door in 1999 and he is a fan favorite for all of us who practice there. Mike is such an institution at the courthouse that for years, the D.A.'s Office's Halloween decorations consisted of a skeleton wearing a "Mike Monks for Judge" campaign t-shirt that sat on a couch in the reception area. He's one of the nicest people you will ever meet and someone happy to answer questions for some of us "younger" lawyers. </p><p><b>County Court at Law # 8 -- Erika Ramirez (D) vs. Mark Goldberg (R) -- </b>well, here's an interesting race that pits two current Assistant District Attorneys against each other. Democratic candidate Erika Ramirez defeated incumbent Judge Franklin Bynum in the primary and she faces off against Republican Mark Goldberg.</p><p>I think the world of Erika Ramirez and she definitely has my vote in this election. I've dealt with her as a prosecutor and as a friend. I admire her ethics, knowledge, and compassion. She has worked hard on the campaign trail and I hope that pays off for her in November. </p><p>By contrast, I am not a fan of her opponent, Mark Goldberg and I base that on several different factors. Goldberg is a political hire brought in by Kim Ogg. He doesn't know much about prosecution, and I had a front-row view of that when I had <a href="https://theappeal.org/harris-county-texas-race-jury/">this case set against him </a>in 2020. I hope you will take the time to read that article if you aren't familiar with the story already. The short version is that he lied to the court to get out of a <i>Batson</i> violation. His reputation for honesty hasn't improved any since then. He lied to the media in the summer of 2019 as I <a href="http://harriscountycriminaljustice.blogspot.com/2020/10/lies-and-lying-liars-who-tell-them.html">outlined in this post</a>. In addition to his issues with honesty, Mark also isn't really a prosecutor. He's a campaign advisor for Kim Ogg who is holding a prosector's pay position so he can have a taxpayer-funded job.</p><p><b>County Court at Law # 9 -- Judge Toria Finch (I)(D) vs. Sartaj Bal (R) -- </b>I can't say enough nice things about Judge Toria Finch, and I'm not alone in that. When running against her opponent, John Wakefield in 2018, he couldn't say enough nice things about her either. It was the friendliest campaign I've ever witnessed. Since taking the Bench, Judge Finch has maintained a cordial and productive court where prosecutors and defense attorneys are glad to practice. She is kind, fair, and smart. She's done a great job during her first term on the Bench and she deserves another one.</p><p>I don't know her opponent, Sartaj Bal, and I've never heard of him, either. I don't recognize him from his campaign website and I'm not sure that I've ever seen him in the CJC at all. His website is ambiguous about what types of cases he handles, but his State Bar profile indicates that he is licensed in a couple of Federal Bankruptcy courts. I'm not a big fan of lawyers becoming Criminal Court Judges when they don't practice Criminal Law in the first place. </p><p><b>County Court at Law # 10 -- Juanita Jackson (D) vs. Dan Spjut (R) -- </b>With current County Court at Law #10 Judge Lee Harper Wilson not seeking re-election, County Court at Law # 10 is an open bench in 2022. My friend, the youthful and vibrant and not at all old-school, Juanita Jackson, is a defense attorney running as the Democratic candidate against the former judge of Court #10, Republican Dan Spjut.</p><p>Dan Spjut was elected to the Bench in 2014 and, like Paula Goodhart, lost his bench in the Democratic sweep in 2018. During his time on the Bench, I don't believe that I ever had a case in his court. I know that he had a lengthy career with the City of Houston Police Department. I never heard any complaints about him. I think I've met him in passing, but I do not know him personally. I have nothing negative to report.</p><p>I've known Juanita for as far back as I can remember and she is a personal friend. She is a strong and dedicated defense attorney who fights hard for her clients and I have no doubt that she would do a great job if elected.</p><p><b>County Court at Law # 11 -- Judge Sedrick Walker (I)(D) vs. Dan Simons (R) -- </b>Although I've known Judge Sedrick Walker since he was a prosecutor, I don't know him very well on a personal level. During his time as a prosecutor, I believe I had one or two cases against him and found him professional and prepared when we talked. Since he took the bench, I have appeared before him on a handful of occasions and have always enjoyed being in his court. He is very professional and runs an efficient court.</p><p>I've known Dan since his time at the District Attorney's Office. In 2018, he won the Republican Primary over longtime incumbent Judge Jay Karahan, who had run afoul of the Republican Party because he (gasp!) officiated over a same-sex marriage. I thought the move local Republicans pulled on Karahan back then was crap and I was disappointed that Dan ran against him for that reason. It all became irrelevant anyway as Dan lost to Franklin Bynum in the 2018 Democratic Sweep. I believe Dan moved out of state for a time, but he has been back in Harris County and practicing as a defense attorney for a few years now.</p><p><b>County Court at Law # 12 -- Judge Genesis Draper (I)(D) vs. Matt Dexter (R) --</b> If you are a reader of this blog, you probably know that I'm a Super Fan of Judge Genesis Draper. I didn't know her prior to her taking the Bench but had the opportunity to pick a jury in front of her in the above-mentioned case against Mark Goldberg. Judge Draper was amazing then as she deftly dealt with suppression and <i>Batson</i> issues that were brought before her. She has a strong background in criminal defense and is an amazing judge. Since trying that case with her, I've had the opportunity to talk to her on many additional occasions about the law and the state of the Criminal Justice System. I admire the passion and dedication she has for Criminal Justice and wish she would seek an even higher office. She's the type of leader that the world needs more of.</p><p>My old buddy, Matt Dexter is running against Judge Draper for Court #12, and he and I go way back. We became good friends back in 1999 when he was still with HPD and we bonded over the time-honored tradition of mocking Adam Brown. Matt is a great guy and a good friend. Most of his criminal defense work has centered around the juvenile system, however, and I'm kind of surprised he didn't run for a bench in that arena. Although I have nothing negative to say about my friend, the truth of the matter is that I'd vote for Judge Draper even if she was running against me!</p><p><b>County Court at Law # 13 -- Judge Raul Rodriguez (I)(D) vs. Lance Long (R) -- </b>The last three races I'm profiling here are tough ones for me because I think all of the candidates running are great ones. Lance Long is a former-Harris County Assistant District Attorney who was inexplicably let go as part of Kim Ogg's ridiculous Bloody Friday purge of experienced prosecutors when she took Office. He is one of the smartest people I've ever met and I sat with him on the one and only death penalty case I ever tried as a prosecutor. Since leaving the Office, he has served as a prosecutor in other counties trying serious cases. I do think that he would be kind of bored trying misdemeanor cases, since Capital Murder is pretty much his specialty, though.</p><p>As much as I love Lance, Judge Rodriguez is arguably one of the best judges on the bench in the CJC and easily one of the most popular. In addition to being one of the nicest people that I've ever met, he's also an excellent judge. He runs a very efficient court and he calls balls and strikes without playing any favorites. I had a lengthy contested Motion to Suppress in front of him, and although he ultimately ruled against me, I had no doubt that he had attentively listened to all of the involved witnesses and parties and carefully reviewed the applicable law before doing so.</p><p><b>County Court at Law # 14 -- Je'Rell Rogers (D) vs. Jessica Padilla (R) -- </b>the race for County Court at Law # 14 is technically an open race with no incumbent since Democratic candidate Je'Rell Rogers defeated current Judge David Singer in the March primary. As I wrote back then, I'm a big fan of Je'Rell both professionally and personally and I think that he would make a great judge. He is currently a Chief Prosecutor in the 180th District Court and a recovering former Notre Dame mascot.</p><p>I've known Jessica Padilla since she was baby prosecutor at the D.A.'s Office, a year or so behind me in seniority. She's a wonderful and sweet person that I think would also make a great judge. She prosecuted for several years but has been on the defense side of things for quite some time now. She's very involved in the Republican Party of Harris County.</p><p><b>County Court at Law # 15 -- Judge Tonya Jones (I)(D) vs. Xavier Alfaro (R) --</b> I did not know Judge Tonya Jones when she ran for the Bench in 2018, but I supported her because I knew that she would be a far better choice than her opponent, Roger Bridgwater. I'm glad I made that call then because I've had the opportunity to appear in her court since and she's a great judge. She runs a very open and fair courtroom and is well-liked by both the Defense Bar and the State.</p><p>Xavier Alfaro (aka X-Man) is also someone that I think very highly of. I first met X when he was a prosecutor in Harris County. He was a defense attorney for a while and then went to work for Brian Middleton at the Fort Bend County District Attorney's Office, where he heads the Misdemeanor Division. Every time I've dealt with Xavier, I've been glad that he was the person I was dealing with. He is someone that knows the law and how to follow it, but also strongly appreciates fairness and equity in making his decisions.</p><p><b><br /></b></p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com1tag:blogger.com,1999:blog-7566778230970156239.post-5157791084796912032022-10-23T10:51:00.001-05:002022-10-23T11:12:58.760-05:00The 2022 Election: Overview - Part One of Three<p>Definitely, my least favorite part of this blog has become the expectation that I do a write-up on the candidates when election time comes around. Y'all have no idea how much it stresses me out! The reason it stresses me out is that in the vast majority of the races, I have two friends running against each other. Usually, those friends are great people and usually, those friends are both very qualified for the office that they seek. That's a no-win situation for me to write about and that is usually compounded when I don't make a clear choice and get called out for wimping out. To paraphrase the late, great Ben Parker, with great blogging comes great responsibility, unfortunately.</p><p>While I will reluctantly acknowledge that I sometimes "wimp out" on making a clear choice between two people that I consider to be friends that are qualified for the Bench, I do want to make it clear that I am completely honest about a person's ability to be an elected official even if they are a friend. That situation hasn't come up often in the fourteen years that I've been running this blog, but it has happened. On more than one occasion, I've lost a friend for being honest about my thoughts on him or her as a candidate.</p><p>I've also been clear when I've supported who I thought was the better candidate, even though I knew they didn't have a snowball's chance in Hell of winning. Over the years, I've been treated with varying degrees of warmth by the candidates who ultimately prevailed despite my endorsement of their opponents. </p><p>I write all of this to say to my critics who get mad when they feel that I didn't say enough about one race or the other: it isn't always pleasant, and I will be more than happy to give you a free tutorial on running your own blog if you would like to share a different message than mine. If Don Hooper can do it, so can you!</p><p>So, moving on . . . </p><p>I broke these write-ups into three parts. This overview, the District Court Races (and District Clerk), and the County Court Races. Otherwise, it would be too damn long.</p><p>I wanted to do an overview this year because I wanted to point out (yet again) how much misinformation there has been this year about the Criminal Justice System, and how much it bothers me. I have watched some very honest, brave, and good judges get blasted time and again in the media for doing the jobs that they were sworn to do. I've seen insanely irresponsible reporting lead to death threats against judges for following the law. I've seen them take more blame for murders than the people who actually committed them. The vilification has been off the charts, and completely and totally undeserved.</p><p>I recently did something unusual by having a sit-down lunch with someone I had been arguing with on Twitter about these issues. It was a strange set of circumstances that led up to the lunch. A blowhard who calls himself "Common Sense Bob" on Twitter had initiated the idea by threatening to show up at my office with some "friends," and I countered by telling him I would provide food. Unsurprisingly, the Bob didn't show up, but one of the other people did and we had lunch to discuss the criminal justice system.</p><p>I think it is a testament to what a toxic environment Twitter is because I actually enjoyed the lunch quite a bit. We fought like children on Twitter but had a great talk in person. We talked for about thirty minutes about things we had in common before we moved on to criminal justice. We listened politely to each other's thoughts on the system. Her experiences as a victim of crime understandably influenced her thoughts in a way that made perfect sense. She agreed with me that I thought the judges were getting all the blame while the District Attorney's Office wasn't being held accountable for their part in the rise of crime. We disagreed on bond reform, but the conversation was cordial and I know that I was glad we had had it. I don't know that it changed my position on anything, but it added to my perspective on many things (including how double-parking as a public official should be considered political suicide).</p><p>So here are some of the takeaways that I wanted to point out before talking about the judges themselves:</p><p><b>1. The Relationship between County Judge Lina Hidalgo and Criminal Court Judges ends at Party Affiliation. </b>Love her or hate her, Lina Hidalgo's title of judge does not affiliate her with actual presiding judges in criminal courtrooms. They are all Democrats and that's where the similarities end.</p><p>I've got no problem with Judge Hidalgo and as someone with inside knowledge about her staff being indicted, I can tell you that those charges are utter horsecrap. There is a difference between doing something that is bad optics and something that is illegal. Hidalgo may have stepped in some crap on optics, but she didn't break the law. Neither did her staffers, and it turns my stomach to see them being paraded around on political commercials as evidence of corruption. </p><p>That being said, I'm nowhere near as invested in the Hidalgo/Mealer contest as I am in the Criminal Court Judges race. If you want to hate on Hidalgo, knock yourself out, but that shouldn't reflect on your choices for the other judges. They have completely unrelated jobs. If you think that Hidalgo is "defunding the police" as brainiacs like Kim Ogg and Mark Herman would have you believe, you are wrong, but even if you were right, that shouldn't reflect on the Criminal Court Judges. That association would be like deciding you hate Whataburger because you once got food poisoning at McDonald's. </p><p><b>2. The Rise in Violent Crime is a Nationwide Trend and Houston is no different than other major cities around the country.</b> It would be comical if it weren't so sad that so many people tend to think that Houston is the only city in the country or world experiencing a rise in violent crime. The pandemic has led to joblessness, poverty, housing crisis for low-income families, depression, and desperation. These are the pillars of a rise in crime - violent and non-violent alike. The Republican Party of Harris County has done a spectacular job of somehow juxtaposing a worldwide epidemic with the local Democrats when it comes to blameshifting. Really, the job they have done has been quite stunning. I'm sure that you have all seen the signs in front yards that say "Tired of Crime? Vote Republican." As if there was no crime in the decades when Harris County was a solidly Republican county.</p><p><b>3. Misdemeanor charges are not usually predictors of future violence. </b>One of the most eye-rolling things that I see on the news is when there is a murder arrest and they point out that the accused perpetrator was out on multiple misdemeanor (or even non-violent felony) bonds, as if the misdemeanor judges should have some Nostradamus-like wisdom about what a person with a theft charge is going to do if released upon society. I do acknowledge that misdemeanor Assault-Family Violence cases are an exception to this, but they are still misdemeanors. They can have all kinds of conditions that prohibit the Defendant from contacting the Complainant, but they aren't going to be held at No Bond. If Republican judges do end up sweeping, don't expect that to change.</p><p><b>4. Judges are not supposed to be an arm of the Prosecution. </b>I have plenty of friends running for judge as Republicans this go-round and they all seem to have jumped on this bandwagon idea that the Republican Party is selling about judges being responsible for stopping crime. That makes for a strong and effective campaign message and all, but it is absolutely contrary to what a judge is supposed to do in his or her job description. Judges are there to call balls and strikes like an umpire in a baseball game. They aren't there to try to help push one side over the other. Any judicial candidate that is embracing the idea that it is their job to "stop crime" is basically casting aside their neutrality in advance, and that's troubling to those who like our judges fair and neutral.</p><p><b>5. The Republican Crime Message has absolutely been Effective. </b>Although I absolutely disagree and detest the message being sent out that a rise in crime is somehow the fault of Democratic judges, there is no denying that the message has been an effective one. Harris County District Attorney Kim Ogg (who is noticeably <i>not</i> on the ballot this term) has spent thousands and thousands of dollars pumping money into CrimeStoppers so that her friend Andy Kahan could get out the message that a rise in crime isn't the fault of a weak D.A.'s Office, but the fault of judges. I mean, gosh, if even a Democrat like Kim Ogg is saying that other Democrats are not safe for Harris County, then it must be true, right? Mattress Mack is helping pay for commercials during every Astros playoff game and those commercials alternate between talking about how CrimeStopppers needs more money because Harris County is so unsafe and then accusing Lina Hidalgo of being a criminal. </p><p>The Republican message is out there loudly and effectively and the local Democratic Party's response has paled in comparison. The non-Presidential election years have historically been good for Republicans (with the exception of 2018 when the Beto vs. Cruz race brought the Dems to the polls in droves), and I expect that the margins will be far tighter this year. I honestly have no prediction on how this year will turn out. Nothing would surprise me.</p><p>Whatever your preferences are this election season, please make sure to vote. Make sure to tell your friends and family your thoughts on the Criminal Justice System and the candidates on the ballot. Tell them to get out there and vote, too.</p><p><br /></p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com11tag:blogger.com,1999:blog-7566778230970156239.post-77022491569280696882022-10-07T11:10:00.003-05:002022-10-07T11:10:59.499-05:00Mark Herman's Shameless Publicity Stunt<p>It always seems like an insincere platitude whenever a defense attorney leads off with talking about his or her respect for cops, but bear with me for a moment. </p><p>I grew up idolizing the police and wanted to be an FBI agent from about the age of ten. There wasn't a true crime book or police procedural drama that I didn't watch wanting to be <i>just like those guys</i>. My biggest professional mentor in my life was HPD and the reverence I have for that department has extended well past my tenure as a prosecutor. I admire the work they do. I admire their selflessness. I admire their bravery.</p><p>But nobody's perfect.</p><p>And if I were to have to pick the biggest flaw that I see as a character trait in many of the police officers that I have known and admired over the years, it is that police have a real big stumbling block when it comes to ever admitting that they've done something wrong.</p><p>And that's a big problem when the decisions that your profession makes can literally destroy the life of general citizens.</p><p>Any lawyer who has a spent time in the criminal justice system -- whether prosecutor, defense, or both -- could definitely tell you some epic stories where a police officer got a little too aggressive in his or her pursuit of "justice" to the degree that it defied the law or Code of Criminal Procedure. My personal favorite is a story told to me by my buddy <a href="https://www.mctexaslaw.com/ed-mcclees">Ed McClees</a>, about a police officer with the H.I.S.D. police department who called the Harris County District Attorney's Office Intake Division looking for charges.</p><p>The <i>very</i> aggressive officer told Ed that a kid in a school classroom had turned off the lights in the classroom, and the whole class started acting up. What charges did he want Ed to file on this young student? He wanted Inciting a Riot. True story. Ed less-than-politely declined.</p><p>In a less humorous incident, Luci Davidson was once appointed to represent a man charged with possession of a controlled substance. The probable cause that the arresting officer listed for why he had detained and subsequently searched the defendant was that the defendant had been "walking in the roadway where a sidewalk was provided" (and yes, that is a real Class C offense and one that police officers use <i>extremely </i>frequently to stop and search people in, <i>ahem</i>, "less affluent" neighborhoods). Luci's client told her that he was walking in the street, and yes, there was a sidewalk provided. However, a resident had parallel parked his 18-wheeler in front of his house, thus making the sidewalk unpassable. A Google Maps satellite photo showed the 18-wheeler in the area in question and the case was dismissed due to no probable cause.</p><p>A week or so later, the same defendant reached out to Luci through his lawyer. He had been arrested again by the same officer in the exact same spot and allegedly carrying the <i>exact </i>same amount of crack -- down to 1/100th of a gram. Luci reached out to the new prosecutor and the case was dismissed for no probable cause again. And last I heard, the police officer in question had drawn himself an internal officers investigation.</p><p>The point being that cops aren't perfect and that the Criminal Justice System has measures in place to make sure an injustice doesn't happen when a cop is wrong -- or even dirty. But, as I mentioned before, cops don't like being told they are wrong. They don't like it at all. Especially not when they are being told that they are wrong by someone they consider to be some damn liberal judge who clearly must hate the police if they dare to disagree with them.</p><p>Which brings us to <a href="https://www.houstonchronicle.com/news/houston-texas/crime/article/Pct-4-Constable-Mark-Herman-blasts-judges-for-17491633.php">Harris County Precinct Four Constable Mark "Hey! Look at Me!" Herman, who held a theatrical press conference yesterday</a> to announce that these damn liberal judges had just disagreed with him too many times by finding no probable cause on his deputies' cases, and dammit, he was just going to refile them all.</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg3_sT9_NURfx8N42U3bYJrNsmn38pfleFiVqErTtiEm8uf575OWl3H-86KJmZTSSqJsgXQjxQ9YDC_FnegDHVwijILbEdUJNvA-aMcvaqIGNj1kiWkIM8BqlcOsEHICtCqxlqr1yv0StApBhCWYnNHxilEwgL9SGlNHurFEnHykACz5UfUElsX8v_Q/s542/Screen%20Shot%202022-10-07%20at%2010.39.15%20AM.png" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="542" data-original-width="392" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg3_sT9_NURfx8N42U3bYJrNsmn38pfleFiVqErTtiEm8uf575OWl3H-86KJmZTSSqJsgXQjxQ9YDC_FnegDHVwijILbEdUJNvA-aMcvaqIGNj1kiWkIM8BqlcOsEHICtCqxlqr1yv0StApBhCWYnNHxilEwgL9SGlNHurFEnHykACz5UfUElsX8v_Q/s320/Screen%20Shot%202022-10-07%20at%2010.39.15%20AM.png" width="231" /></a></div><br /><p><br /></p><p>Oh boy. Where to begin?</p><p>I guess let's start with what Probable Cause is. If you aren't a lawyer, you should know that the legal system has different "standards of proof" that must be shown for something to happen in the legal system. You've probably heard all of those different levels of standards of proof before. We all know that before a person can be convicted of a crime that it must be proven "beyond a reasonable doubt" and that's literally the highest standard of proof listed in the legal system. A slightly lesser standard of proof is labeled as "Clear and Convincing Evidence," which is the standard the Family Courts must find before they strip a child away from his parents for an allegation of harm to the child's well-being. Below that is a "Preponderance of Evidence" which essentially translates to "more likely than not" or "just a hair above 50% convinced" and that's the standard of proof used in civil lawsuits -- from a small claims court fender bender to a multi-million dollar lawsuit.</p><p>Somewhere below (far below) is Probable Cause. Probable Cause is what is required by the 4th Amendment to the United States Constitution to protect against unreasonable searches and seizures. It isn't a very high standard of evidence that police really have to meet before arresting and/or searching a person. In essence, it just means that the police officer has to be able to state a legal reason that he believes that a person has committed a crime. </p><p>It doesn't take much.</p><p>When a judge finds that a police officer's arrest was done without Probable Cause, they are basically telling them that their case never even got off the launchpad, and that's usually with good reason. I've had plenty of cases end when a judge found no probable cause on a case. Here are some examples:</p><p>1. I've had several cases where the police arrested clients for Unlawful Carrying a Firearm despite the client having a Concealed Carry License. The officers in question thought that their understanding of the law negated the power of CHL. They were wrong.</p><p>2. Plenty of other cases were filed where everyone in a car was charged with possessing the same physical drug despite there being no links to the person charged. Cops will routinely file cases where the "drugs were found in the center console where everyone could have potentially reached them." We call that "no affirmative links" in the criminal law business.</p><p>3. They stopped the person for no legal reason. See the example from Luci Davidson above. I can also recall a time when I was a very young prosecutor when a cop called intake when he had stopped and searched a black man walking through River Oaks. When I asked him why he had stopped him, his response (no shit) was "Well, it was River Oaks. You know . . . " I did not know. Charges rejected for No Probable Cause and the issue was reported to my supervisor.</p><p>4. The search had no Probable Cause. I once had a cop who had responded to a party at a house where there was reported underage drinking. They went inside the apartment, which was dicey but probably legal. They then started searching all the purses that party-goers had left in a bedroom which was when they found weed in a purse later identified to be my client's. No probable cause on the search meant the drugs were excluded which meant that my client was "no PCed" (it's a verb for some of us) and sent home.</p><p>Unfortunately, there are plenty of folks out there who have no interest in getting bogged down in the technicalities of Constitutional Law or the Penal Code or the Code of Criminal Procedure, and dammit, if a police officer said this person needs to be arrested, then they better stay arrested! They say "if you broke the law, there is no excuse" without realizing the irony of their statement, since making an arrest without Probable Cause is, um, well, <i>breaking the law</i>. </p><p>These are the folks that <a href="https://abc13.com/deputy-stops-constable-for-running-red-light-harris-county-precinct-4-constables-mark-herman-stopped-by-in/3478635/">Mark Herman</a>'s silly little press conference was designed to fire up, and boy did it work. The Lock 'Em Up crowd was all over it on Twitter, including this Mark Herman Superfan.</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj-ls4NUVpgGYKUHwwc4r81u28EFkzOHPHpajcTFMp0avzAgMg4Dje_7BUxhviELI6g61Gnc50tQuwRnhTEUo9LshDPI_Okr1tB7mEbTS7GpdORhdXNI0GWCXM0dNz3WxasPrM84G5urh7xEvBQOrqSRCMomfS8yCG5p5bmCcDfM3nV0f6JHZeUeLoj/s998/Screen%20Shot%202022-10-07%20at%209.16.55%20AM.png" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="230" data-original-width="998" height="149" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj-ls4NUVpgGYKUHwwc4r81u28EFkzOHPHpajcTFMp0avzAgMg4Dje_7BUxhviELI6g61Gnc50tQuwRnhTEUo9LshDPI_Okr1tB7mEbTS7GpdORhdXNI0GWCXM0dNz3WxasPrM84G5urh7xEvBQOrqSRCMomfS8yCG5p5bmCcDfM3nV0f6JHZeUeLoj/w640-h149/Screen%20Shot%202022-10-07%20at%209.16.55%20AM.png" width="640" /></a></div><br /><p>This non-lawyer thinks that judges are dismissing cases "lazily." When "clearly the DA had already acc charges." </p><p>Oh dear Lord.</p><p>So, next, we move to the D.A. Intake. It's been a minute since I wrote about what D.A. Intake is like. It's been a lot of minutes actually since I wrote <a href="http://harriscountycriminaljustice.blogspot.com/2008/04/intake.html">this post</a> back when I was still a prosecutor! I'm sure the intake system has changed somewhat over the past (good God, has it really been 14?) years. But suffice it to say, that intake is a triage system where prosecutors get a very brief, one-sided view of a case from an officer. There is no defense attorney providing a counter-point. There is no judge listening in. There is no scrutiny. And there is no obligation for the police officer to provide ALL of the details. If you are a random citizen that thinks that crap charges don't come out of intake every hour on the hour, you are seriously deluding yourself.</p><p>This leads me to my next topic, which I will loosely title "How to Talk to Your Law Enforcement Fans about Precinct Four."</p><p>It is an unspoken truth in the Harris County Criminal Justice System (on both the prosecutorial and defense side) that some law enforcement agencies are just, well, <i>better</i> than others when it comes to doing their jobs. If your client got charged with a crime by the Houston Police Department or the Harris County Sheriff's Office, odds are that the officers involved knew what they were doing and probably did it pretty well (usually, not always). Some of the bigger municipalities in Harris County are generally pretty competent too. Pasadena, Baytown, Deer Park, etc. There's a sliding scale amongst departments and there have been more than a few attempts to get a Top 30 list on paper.</p><p>Unfortunately, in the lower tier of this is the Precinct Four Constables' Office. When I was a prosecutor, there was a running joke that the worst thing you could hear on a phone call at Intake was "This is Deputy So-and-So from Precinct Four, and I've got a clusterfuck for you . . . " Now, obviously, this doesn't mean that all Pct. 4 deputies are bad. I have a very dear friend of mine who has worked there for a long time and she is very smart and I wouldn't want to hurt her feelings for the world. But that Department has had <a href="https://www.houstonchronicle.com/news/houston-texas/houston/article/Precinct-4-s-evidence-destruction-scandal-part-of-9278292.php">more than its fair share of problems over the years</a>, and I'd be lying if I said that I didn't get excited whenever I have a new case investigated by Precinct Four. The odds are just so good that there is going to be a colossal screw-up in there somewhere.</p><p>Part of the reason is that the position of Constable is an elected position and Precinct Four covers an <i>extremely</i> conservative area in Harris County. It is a natural flow of events that they are going to elect the most law-and-order-tough-talking dude they can to be Constable, regardless of how little he actually knows about the law and procedure. In that, Mark Herman is the perfect match for the territory. Intellectual honesty in policing has never really been his strong suit and his message of "guilty is guilty, damn the Constitution" is music to many a voter's ears out there. </p><p>Let's go back to Twitter for a second.</p><p><br /></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhNWeWD3Kige5k8ynVll0mV3mBlJuKUy3MKpsMQsZngezPZGow3ChuUOb5Jc4cqyuVOz5P1DhZNxN_6TKULzvmYbsXq43fj-5XCbB-qTOx0dHGXcL0L0QUmCmXy6ZiGl_Df1dO7tGedZP7h5Je2xYY4Wo7fZa9_C8gqgVUw-7wgtRX9ZTtU4VpkA_WT/s293/Screen%20Shot%202022-10-07%20at%209.13.49%20AM.png" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="184" data-original-width="293" height="251" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhNWeWD3Kige5k8ynVll0mV3mBlJuKUy3MKpsMQsZngezPZGow3ChuUOb5Jc4cqyuVOz5P1DhZNxN_6TKULzvmYbsXq43fj-5XCbB-qTOx0dHGXcL0L0QUmCmXy6ZiGl_Df1dO7tGedZP7h5Je2xYY4Wo7fZa9_C8gqgVUw-7wgtRX9ZTtU4VpkA_WT/w400-h251/Screen%20Shot%202022-10-07%20at%209.13.49%20AM.png" width="400" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">Here, a defense attorney is defending 339th District Court Judge Te'iva Bell who is very highly regarded for the job she has been doing since taking the bench two years ago. She holds cops and prosecutors to the standards that they are <i>supposed to be held</i> under the Constitution, Penal Code and Code of Criminal Procedure. She also has no problem dropping the hammer on defendants who have been proven guilty beyond a reasonable doubt. She is no pushover by any stretch of the imagination. But in the mind of the Mark Herman Superfan, she found no probable cause on too many of Pct. 4 cases and that makes her "trash."</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">If you want to clearly illustrate that you have no understanding of the Criminal Justice System, call a respected judge "trash" because she didn't do exactly what the nice policeman wanted her to do. Even when that nice policeman is just a right-wing politician who doesn't understand or doesn't want to follow the actual law.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">More from the SuperFan:</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhsf34w2FV3vIjwS-GcUMTACa26-LuTvVTRqAaPO1AwcgpqkNEAqz5uhd1o9J19_HTudzG4gsNpjf2f9X2iGVS2mc6lQQswIx8RRQhGpy4WehIyj5_pcunPeGvFFpfZmqEyKruDNZNtif4KVj4O4oZxpjuR6ozgcaKUKIurekoNzba_VOf7UIWzrz1p/s1000/Screen%20Shot%202022-10-07%20at%209.14.25%20AM.png" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="296" data-original-width="1000" height="119" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhsf34w2FV3vIjwS-GcUMTACa26-LuTvVTRqAaPO1AwcgpqkNEAqz5uhd1o9J19_HTudzG4gsNpjf2f9X2iGVS2mc6lQQswIx8RRQhGpy4WehIyj5_pcunPeGvFFpfZmqEyKruDNZNtif4KVj4O4oZxpjuR6ozgcaKUKIurekoNzba_VOf7UIWzrz1p/w400-h119/Screen%20Shot%202022-10-07%20at%209.14.25%20AM.png" width="400" /></a></div><br /><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">"Cupcake"? I think she's flirting with me, but I can't let myself get distracted here. I suppose it didn't dawn on her that if it is the "same judges" (plural) finding issue with the same Constable's Office (singular), that maybe, just maybe, it <i>might </i>be the Constable screwing these cases up.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Another issue with Precinct Four is that as a politically elected office, the elected official (that being, Mark Herman) gets to have his own standards of who does or does not qualify to come work for him. Yes, they have to be a licensed peace officer, but beyond that, it's open criteria. There's a lot of cronyism there and you will also find that <strike>many</strike> some of the employees were either rejected or even terminated by other agencies. It is also not uncommon for Constable offices to "hold the Commission" for licensed peace officers as "reserve deputies" so that those "reserve deputies" can work lucrative extra jobs doing security for more money. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">You're never going to see Precinct Four working a murder or a serious sexual assault case. When they are the first responders on serious cases, they generally secure the scene and then call in the Sheriff's Office. There's a reason for that. When you are dealing with Precinct Four, you aren't exactly dealing with the Navy SEALS of law enforcement.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Which makes Mark Herman's press conference yesterday all the more flummoxing. I wasn't there, but according to St. John Barned-Smith's article (that I linked to above despite it being authored by St. John Barned-Smith. Just kidding, Sinjin!):</div><blockquote><div class="separator" style="clear: both; text-align: left;"><i>"This emboldens the criminals," Herman said. "The court system is basically telling these criminals that you can break the law, and we'll just say 'there's no probable cause' and we'll dismiss your case."</i></div></blockquote><p>First off, judges don't dismiss cases except in extremely rare circumstances such as a finding of a Speedy Trial violation (which almost never happens). There's a big difference between a dismissal and a finding of No Probable Cause. You would think that the elected Constable would know that. Secondly, when a judge finds No Probable Cause on a case, he or she isn't telling a "criminal" that they can break the law. </p><p>They are telling a cop that <i>he</i> can't break the law.</p><p>Sinjin's article also quoted controversial (and noted "weird dude") Judge Franklin Bynum, who was 100% correct in his assessment of Herman's claims:</p><blockquote><p><i>"If constables did better work, and the DA did a better job supervising work of constables before make(ing) formal filings, we wouldn't have these kinds of problems."</i></p></blockquote><p>Say what you want to about Judge Bynum, but he hit the nail on the head with that statement. This ain't a judge problem. This a constable problem.</p><p>The most concerning part of Mark Herman's publicity stunt yesterday is the bigger issue it speaks to, which is cops ignoring judicial findings to just keep doing whatever the hell they want to. I suppose in an era where candidates no longer "accept the findings" of an election, it should be no surprise that a political "top cop" would announce that they don't accept the findings of a court. I suppose if you are a Constable SuperFan, you are completely at ease with having blind faith in the police. Maybe you would be surprised to know that not even prosecutors have that same blind faith. At least not the good ones.</p><p>Herman refiling cases where a judge has already found no probable cause is the equivalent of a petulant child refusing to accept a parent's decision that they don't like. I'm not clear on whether or not Kim Ogg's District Attorney's Office is participating in Herman's political theater, but if they are, shame on them. Herman repeatedly filing cases on citizens even after a judge has shut down that case is Official Oppression. Don't look to Kim Ogg to do anything about that, though. It would cost her votes in Precinct Four, and that's what <i>really</i> matters, isn't it?</p><p>I do want to clarify one thing. A case where No Probable Cause is found <i>can be </i>salvaged, both legally and ethically. Cops can go back and do more work that can ultimately satisfy the judge that Probable Cause does, in fact, exist. There's absolutely nothing wrong with that. It just takes more hard police work and some acceptance that just because a policeman says something doesn't necessarily mean that it is true.</p><p>But that's not what Herman is having his officers do with this stunt. He's just having them refile the same shitty charge (that was already rejected) once again. </p><p>And that's true laziness, Cupcake.</p><p>The most concerning thing that came out of Herman's stunt yesterday was how indiscriminately he is refiling these cases where he sees a dismissal was filed (by the prosecutors, not the judges, just FYI). In one of the cases, a person had entered into a Pre-Trial Intervention program that he had successfully completed and the case was dismissed. </p><p>Herman's office refiled it anyway. </p><p>To put that in simpler terms, Herman filed a charge. The person was arrested. The person accepted responsibility. The person accepted a punishment that gave him the opportunity to get his case dismissed after completing ALL of those requirements. The case was dismissed after the person did everything asked of him. And then the elected Constable of Precinct Four charged him AGAIN with the exact same crime because he was so caught up in an asinine publicity stunt that he didn't pay attention to the history of the case.</p><p>That level of incompetency is jaw-dropping.</p><p>Arresting a citizen for the same crime twice so you can make a political statement is Official Oppression.</p><p>And I think there is plenty of Probable Cause to believe that.</p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com11tag:blogger.com,1999:blog-7566778230970156239.post-68573529615081333942022-10-05T20:21:00.004-05:002022-10-05T20:27:54.261-05:00Dudegoggles and the Guajuardo Hearing<p>As most CJC regulars know, there was an interesting hearing in the 263rd District Court on September 21st & 22nd regarding a Motion for Change of Venue in the <i>State of Texas vs. Alex Guajardo</i>. Defense counsel Justin Keiter had filed the motion in response to pre-trial publicity given to the case by the Harris County District Attorney's Office's Communications Division and elected District Attorney Kim Ogg, herself. The hearing was a highly watched event due to the fact that Keiter had subpoenaed Ogg to testify.</p><p>Although Ogg was definitely the anticipated main attraction of the hearing, the opening act was Dane Schiller, Ogg's Director of Communications. In my opinion, Schiller's testimony would ultimately prove to be far more entertaining and enlightening than Ogg's. Schiller unabashedly admitted to several jaw-dropping revelations that were reminiscent of Watergate-era "dirty tricks" that he and the Communications Division employed in an effort to <strike>make Kim Ogg <a href="https://houstonwatch.substack.com/p/new-poll-kim-ogg-is-the-least-popular">more likable</a></strike> cast the Office in a positive light.</p><p>First, a little background on the evolution of the "Communications Division" of the Harris County District Attorney's Office . . .</p><p>Back in the olden days, there was no such division that I was aware of. During my tenure there (1999-2008), reporters usually contacted the Office when they had a story they wanted to report on, and that was usually a direct reach out to the prosecutor or staff member involved. If I tried a high publicity case, the reporters called and talked to me. It was simple and straightforward. There was no media "flak" involved. If they wanted to ask about a policy, they called the District Attorney himself.</p><p>Towards the end of my time at the Office (bear with me, it may have been right after my departure), I believe that the Office designated an official spokesperson to help coordinate media inquiries. If my memory serves, that person was Donna Hawkins, who was a prosecutor who was elevated to that role. She was followed by former KHOU (and KBTX in Bryan!) reporter Jeff McShan. I'm definitely fuzzy on the timeline here because I was no longer with the Office, but I'm confident in saying the "Communications Division" was just a tiny portion of the Office, housing only one (maybe two) employees. I believe that would be the case through the end of the Devon Anderson term.</p><p>When Kim Ogg took Office on January 1, 2017, she revamped the idea of the Communication Division. What had previously been handled by one or two employees has now swelled to far more as the Division filled with a combination of former-Ogg campaign workers, reporters, and aspiring politicians who had failed to get elected or re-elected. The most recent Office organizational chart I have is from December of 2021, and it listed five employees in the Communications Division and an additional four in the "Community Engagement" Division.</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgbtJUaP-KJrHzzZKb4hDfdpHdNV4unCPCbybkWS2UKT4gb9SAoqFz2suzwq2YYmGM16Zm4kX2vyJtokz6S6y1LOw56HemHLCC3ZgHXPnpASGiTjKjlNYFgUuwYmJmnJrYS4JCNPOjT5ypF8XUu-YRmhf0XJ-FJoSHvzSgOSGkkVk_stXniiFbTpy38/s506/Screen%20Shot%202022-10-01%20at%202.18.26%20PM.png" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="456" data-original-width="506" height="288" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgbtJUaP-KJrHzzZKb4hDfdpHdNV4unCPCbybkWS2UKT4gb9SAoqFz2suzwq2YYmGM16Zm4kX2vyJtokz6S6y1LOw56HemHLCC3ZgHXPnpASGiTjKjlNYFgUuwYmJmnJrYS4JCNPOjT5ypF8XUu-YRmhf0XJ-FJoSHvzSgOSGkkVk_stXniiFbTpy38/s320/Screen%20Shot%202022-10-01%20at%202.18.26%20PM.png" width="320" /></a></div><div class="separator" style="clear: both; text-align: left;"> </div><div class="separator" style="clear: both; text-align: left;">The next time Kim Ogg shows up at Commissioners' Court claiming to be defunded and begging for more money for more prosecutors, I hope you will take note of the large number of employees she's paying with her current budget to <strike>get her re-elected</strike> "promote the Office." And that's just a list of those actually in the division. It doesn't account for folks like <a href="http://harriscountycriminaljustice.blogspot.com/2020/10/lies-and-lying-liars-who-tell-them.html">Mark Goldberg</a>, former HPD chief Clarence Bradford and some others who seem to have some fairly fuzzy lines when trying to outline their job descriptions.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Curiously, the last job that "Community Engagement Supervisor" Anna Carpenter had before being hired by the District Attorney's Office was Campaign Manager for Kim Ogg. Here's a screenshot from her LinkedIn page.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgf7TAQxjzepfrE9k5zOkFCb5qRErI-CCrNwXZdrVwXpQ8v7piPHVcXQQeslrJ1Cm-UNaqUAXH4PUHy66NyYao9XZWcx6jSiSwYFroZQBQ9jzUliLkqRb9qOA0RlrQiKaIeeEkunaul-LRcKQGsj1RHorcnd34lJkZTjWxa4ucpsQmmgUgQCiwxBwXR/s816/Screen%20Shot%202022-10-01%20at%202.10.36%20PM.png" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="598" data-original-width="816" height="235" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgf7TAQxjzepfrE9k5zOkFCb5qRErI-CCrNwXZdrVwXpQ8v7piPHVcXQQeslrJ1Cm-UNaqUAXH4PUHy66NyYao9XZWcx6jSiSwYFroZQBQ9jzUliLkqRb9qOA0RlrQiKaIeeEkunaul-LRcKQGsj1RHorcnd34lJkZTjWxa4ucpsQmmgUgQCiwxBwXR/s320/Screen%20Shot%202022-10-01%20at%202.10.36%20PM.png" width="320" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">That's a really great gig to get between political seasons! Glad we taxpayers could help out.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">But I digress. Back to the hearing . . . </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">As I was saying, my dear friend Dane Schiller (whom prior to the hearing, I had never actually met in person) was the first witness called to the stand by Keiter. If you recall, I had written <a href="http://harriscountycriminaljustice.blogspot.com/2022/01/dane-schiller-kim-oggs-minister-of.html">this post</a> back in January about Dane and the fact that I believed him to be exceeding the parameters of his job description by trying to poison legitimate criticisms of the D.A.'s Office with often anonymous personal attacks. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Keiter did a great job of asking Dane a line of questions to illustrate how the District Attorney's Office under Kim Ogg (and Schiller's Communications Division) go overboard in attempting to "inform the public" with their message. Dane was clearly comfortable on the stand, grinning from ear to ear as he answered Keiter's questions. He acknowledged that his job as the Director of Communications his duty was to inform the public about how the District Attorney's Office worked and what was going on at the Courthouse. He disagreed that multiple press conferences and other media leaks about individual cases were poisoning the well of potential jurors that could ultimately be sitting on those cases.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Keiter then shifted to Dane's methodology for doing his leaks and asked if Schiller had ever utilized another person's identity online to spread his message. Dane appeared confused and denied having ever done so, qualifying the answer that he had never stolen someone else's identity. Keiter didn't follow up by asking him if he had created a false individual altogether, like say . . . .Jake Mattius, and the questioning continued. A few questions later, Schiller apparently thought better of his earlier answer and noted that he does sometimes post online with a "handle" that isn't his real name.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">And when Keiter asked, Dane admitted that his online handle was "Dudegoggles."</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">And that was when things got fun.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;"><i>The Houston Chronicle's</i> website makes it really easy to click on a person's online handle and have every single comment they've ever written on the <i>Chronicle </i>website show up in chronological order. As soon as Dane confirmed his online handle under oath, that's exactly what reporters began doing. None of this was a surprise to me, as noted above, I had accused Dane of being "Dudegoggles" way back in January. But reporters, like Keri Blakinger and Nicole Hensley were soon publishing on Twitter and other locations some of Dudegoggles' greatest hits, including one where he called judges "clowns" and clearly blamed them for the "crime wave" that Kim Ogg and Crimestoppers have been trying to sell to the general public.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Keiter had the opportunity to ask him about all of these posts. He also asked him if other members of the Communications Division had online handles where they attacked enemies of the office as well. He specifically asked if Anna Carpenter was known for posting on Twitter under the handle of "ShePersisted." Schiller indicated that he didn't know, but that's okay. I know. I know because when not being blasted by "Dudegoggles," I've been blasted by "ShePersisted." ShePersisted and I have some mutual friends on Twitter, so it didn't take long to figure out who she was. </div><div class="separator" style="clear: both; text-align: left;"><br /><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhFViOeVzsCqubXXS-ajve1hbMaDXHNZQ1h3Uyeh-wb8WIN-a2xzmWzI8ddEz0ES6UFI6EtoP8gj9Ra1vjMoMqGCZmHgsBNX6O1JmyTM3zsIuW4FX1CLh5XyIn30CH8zR0dHIeBeLLYr5VOkfbw74GetudFSQgkTIEDnti3WvTYjB5vek2oaldDWVDt/s1230/Screen%20Shot%202022-10-01%20at%202.44.59%20PM.png" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="1222" data-original-width="1230" height="318" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhFViOeVzsCqubXXS-ajve1hbMaDXHNZQ1h3Uyeh-wb8WIN-a2xzmWzI8ddEz0ES6UFI6EtoP8gj9Ra1vjMoMqGCZmHgsBNX6O1JmyTM3zsIuW4FX1CLh5XyIn30CH8zR0dHIeBeLLYr5VOkfbw74GetudFSQgkTIEDnti3WvTYjB5vek2oaldDWVDt/s320/Screen%20Shot%202022-10-01%20at%202.44.59%20PM.png" width="320" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">So rude, Anna. So rude.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">The childish antics of Dane Schiller and Anna Carpenter would be no different than those of thousands of other online trolls who bash each other with insults and dishonest statistics online each day, except for the fact that they are doing this as part of their taxpayer-funded jobs. At some point one has to wonder what exactly smearing critics, bashing judges, and trying cases in the media has to do with the job of being a prosecutor. The answer, quite simply, is absolutely nothing. And while we are on the topic of things that aren't in a prosecutor's job description, neither are <a href="http://harriscountycriminaljustice.blogspot.com/2020/06/boss-ogg-rides-again.html">mandatory appearances to register voters in the name of the elected District Attorney</a>.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Anyone who has half a brain realizes that neither the Communications Division nor the Community Outreach Division have a damn thing to do with criminal prosecution. They are simply a taxfunded re-election committee that operates year-round for candidate Kim Ogg. It gives a job to cronies who, in return, do everything they can to keep their boss employed.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEikD58Cp6yotODCUHSdLE9L938g_NNaCTr8B2YBdMeoOZOyTzszMXOL4dHqai9efaeKW_NFG5ZCowElA1EtP8MIyNECQUCHsP9pBqHR8M-884YTvBeV-i0YPTRXXhHkELFrG22Xb8UnQRTsZ55FzXO-R82tT9SRFQ1Y7zWYskVXlzy2wB9BRkVJB4r3/s349/Screen%20Shot%202020-06-25%20at%208.57.25%20AM.png" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="349" data-original-width="278" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEikD58Cp6yotODCUHSdLE9L938g_NNaCTr8B2YBdMeoOZOyTzszMXOL4dHqai9efaeKW_NFG5ZCowElA1EtP8MIyNECQUCHsP9pBqHR8M-884YTvBeV-i0YPTRXXhHkELFrG22Xb8UnQRTsZ55FzXO-R82tT9SRFQ1Y7zWYskVXlzy2wB9BRkVJB4r3/s320/Screen%20Shot%202020-06-25%20at%208.57.25%20AM.png" width="255" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">So, what does Kim Ogg have to say about this? As I mentioned above, she was supposed to be the main attraction in the <i>Guajardo</i> hearing, but she was far more polished than Schiller in her responses. She spent all of about fifteen seconds pretending to be cordial towards Keiter before losing her patience with him. (NOTE: I get it, Kim. I was Keiter's chief once. Trust me, I get it.). But although she failed to keep her cool, often responding with smart-ass quips to Keiter's questions or pretending not to understand them, she didn't unabashedly admit to pulling childish tricks like Schiller. Interestingly, she claimed to not know that Schiller was posting anything as "Dudegoggles" on the <i>Chronicle </i>website -- something that no one in the courtroom believed at all.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">What Keiter did with Ogg's testimony was far more interesting, however, as he sought to get the elected District Attorney to acknowledge that she had a relationship with Houston <i>Crimestoppers</i> that she utilized to create a campaign against sitting criminal court judges. Ogg refused to make such an acknowledgment and characterized her press conferences and involvement with Crimestoppers as nothing more than good old-fashioned crime fighting.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Keiter pointed out misleading information that Ogg had signed off on in an amicus brief opposing bail reform, where she had made untrue representations in a Federal case. Keiter pointed out speaking engagements Ogg had tried to get for Crimestoppers to get her message of dangerous judges out. Keiter showed Ogg at a press conference about his client. He did a good job of illustrating that in Ogg's version of criminal justice, it is more about hype than results in a courtroom. He also pointed out that her Office's success in the courtroom didn't exactly live up to the hype Ogg was promoting outside of it. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Whether or not Keiter's Motion to Recuse will be granted won't be answered immediately. Judge Martin said she would rule on it in November. Win, lose or draw, I think Keiter did a good job of accomplishing what he sought to prove. Kim Ogg's Communication and Community Outreach Divisions were shown to be spin machines that distanced Ogg from her own office's failures. Losses in trial, missed deadlines to get people indicted, and motions to hold defendants at no bond were glossed over by a PR machine designed to shift the blame to someone else while scaring the public about how dangerous Houston had become.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">And if in the process of doing all of that public blameshifting, a Defendant's rights to a neutral jury got compromised, so be it.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">One of the best moments in the hearing was when Keiter read Kim Ogg's acceptance speech from 2016 back to her. He noted that she promised the defense bar fairness and "evidence-based prosecutions" in her administration. He asked her if she still agreed with that promise. She said that she did.</div></div><p>No one in the courtroom believed her.</p><p>When you have true evidence-based prosecutions, you don't need hype. </p><p>You don't need spin.</p><p>And you damn sure don't need Dudegoggles.</p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com2tag:blogger.com,1999:blog-7566778230970156239.post-37989339771026112842022-08-06T16:46:00.003-05:002022-08-06T16:54:49.587-05:00Kim Ogg blames the Judges . . . yet again<p>It's just so damn hard being a prosecutor these days. </p><p>At least, it is in Harris County.</p><p>It was so much easier back when I was there. Our judges were almost ALL former prosecutors. The rulings all went our way. We had people who trained us on how to try cases. We went to trial a lot. We won a lot. It was crazy! When I <strike>asked my old division chief</strike> researched what the win/loss ratio was during our tenure at the Office back in the day, <strike>she told me</strike> I learned that it was somewhere in the low to mid-90% win rate.</p><p>These days, those stats are a bit different. My friend, <a href="https://www.showmethejustice.com/">Jeff Ross, at his <i>Show Me the Justice</i> blog</a> keeps a running tab of the win/loss column. Here are the current stats for 2022 as of this writing:</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjn198ZFUEiqrf-wGyi3STBixMrSOEvuGxqU1N2506ZCO4dqruGdVBGLMIMmpDjaIRto4zc-9R1049V596vBdkqki61mwMUim1O2HW6Z2MwsPsXscwzAChEopH0RtxLy6Fsw7pRDdNgDHLussgqpEJ5MGjrzROGnBv8K6n3aGwbSvwLtedH14a3xRDY/s1056/Screen%20Shot%202022-08-06%20at%203.13.47%20PM.png" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="878" data-original-width="1056" height="266" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjn198ZFUEiqrf-wGyi3STBixMrSOEvuGxqU1N2506ZCO4dqruGdVBGLMIMmpDjaIRto4zc-9R1049V596vBdkqki61mwMUim1O2HW6Z2MwsPsXscwzAChEopH0RtxLy6Fsw7pRDdNgDHLussgqpEJ5MGjrzROGnBv8K6n3aGwbSvwLtedH14a3xRDY/s320/Screen%20Shot%202022-08-06%20at%203.13.47%20PM.png" width="320" /></a></div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">That translates into a little better than 67% win rate for the State. If this was a report card, it would be a failing grade.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">A quick glance at the wins and losses for last week over at <i>Show Me the Justice </i>profile five guilty verdicts for the State and seven not guilty verdicts for the Defense Bar. Yikes! That's a 41% win rate. On Friday, the Defense Bar had three not guilties and one mid-trial dismissal. I don't know what the final stats for the week are yet, but that was definitely a bad day for Kim Ogg's office.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">There are a variety of reasons why a case tanks in a trial, but they tend to fall under two main branches in my experience:</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">1. The case could have been tried better; or</div><div class="separator" style="clear: both; text-align: left;">2. The case shouldn't have been tried in the first place.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Of the two choices, the latter is the usual culprit. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">In an ideal world (that does not exist), prosecutors should only be going to trial on cases that they know good and well they will have no problem proving to a jury beyond a reasonable doubt. In that ideal world, a not guilty means the prosecutors got it wrong when they accused the Defendant to a jury. All of those opportunities to have not filed charges, gotten the case no billed at Grand Jury, or to have just dismissed the damn case were not taken and the jury just did what the prosecutors should have done in the first place, right?</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Of course, the ideal world isn't a fair comparison and any prosecutor who has never lost a case hasn't been doing the job long enough. It happens. If it hasn't happened yet, it will. As one of my colleagues at the Office once remarked after a tough loss, "you aren't a real prosecutor until you've lost a murder case." Statistics don't always tell a complete story. A prosecutor who has lost a case or two isn't a bad prosecutor.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">But when we start looking at some pretty overwhelming numbers like 67% or 41%, we are getting the message that the Great State of Texas (as represented in Harris County) is getting it wrong somewhere between one third to one half of the time, there may be a little bit of a cause for concern.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Could some of those cases have been tried better? Possibly. Given the fact that the District Attorney's Office under Kim Ogg started off by firing roughly 40 experienced prosecutors (and subsequently running off countless others over the past five years), there isn't exactly an abundance of teaching going on in the building. Any good trial lawyer will tell you that we steal shamelessly from other lawyers when it comes to what we do in trial. When I was there, I had the opportunity to learn from prosecutors who had been there for over thirty years. These days, rookie prosecutors are being "trained" by lawyers that started at the Office last year. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">But the far bigger problem is that bad cases are going to trial when they should have been dismissed, no billed, or never filed in the first place. That doesn't necessarily mean that the Defendant is factually innocent, but it does mean that the evidence wasn't there beyond a reasonable doubt when the jury was sworn in. From an ethical standpoint, if that's the case, the prosecutor is duty bound to dismiss. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Unfortunately, dismissing a case leads to having explain <i>why</i> the case got dismissed to a supervisor -- maybe even someone in Kim Ogg's command staff. Maybe even to Kimbra, herself -- and that is a scary proposition. When your boss has the power to fire you and your boss is mentally unstable when displeased, maybe it would be better to just take that case to trial. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Who cares if you get your ass kicked in trial? At least you still have your job.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Why were the stats better when I was a prosecutor? It was because we knew that we could dismiss a shitty case that we couldn't prove and not have to worry that we would get in trouble or fired over it. It was ALMOST like our supervisors (and the elected District Attorneys themselves) <i>trusted</i> us to do the job that they hired us to do.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">So, what's the Ogg Administration's answer to why trials aren't going so hot for them? Follow these simple steps:</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Step 1 -- run a press release every time you secure a conviction (whether by trial or by plea bargain).</div><div class="separator" style="clear: both; text-align: left;">Step 2 -- hope nobody notices the losses</div><div class="separator" style="clear: both; text-align: left;">Step 3 -- blame the judges</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">As I've pointed out time and again, Kim Ogg's District Attorney's Office has been absolutely shameless in scapegoating the judges for all of its own problems. From <a href="http://harriscountycriminaljustice.blogspot.com/2021/08/scapegoating-judges.html">blaming the judges for setting bonds on cases where the State failed to ask for a hearing to hold them at no bond</a> to just deciding that dammit, those big mean <a href="https://www.click2houston.com/news/local/2022/04/20/harris-county-district-attorney-calls-for-recusal-of-judge-claims-judge-is-partial-to-defendants-in-child-sex-abuse-cases/">judges just aren't of the right attitude to give them a fair trial</a>, Ogg and Company have passed the buck more times than Tom Brady has passed a football. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">In June, prosecutors failed to present the aggravated robbery cases of Antjuan Dixon to a Grand Jury within 90 days, <u style="font-weight: bold;">as required under the Texas Code of Criminal Procedure</u>. As a result, Dixon was entitled to a bond that he could make from Judge Danny Lacayo under the law. Judge Lacayo had no discretion under this. None. Zero. Ogg's office dropped the ball and Judge Lacayo had to follow the law. This did not slow down Ogg's surrogate and old friend from CrimeStoppers, <a href="https://www.fox26houston.com/news/judge-lowers-500000-bond-for-convicted-serial-armed-robber-to-5000">Andy Kahan, from going on air with Fox 26's Randy Wallace, to blame Lacayo</a>. Kim Ogg makes <a href="https://tenor.com/bg8PL.gif">Bart Simpson</a> looks like Harry S Truman when it comes to dodging responsibility. (SIDE NOTE: Randy Wallace should really consult with a legal expert before going on air with some of his stories. He's really running the risk of making Fox News seem biased and untrustworthy.)</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">The Ogg Administration is at it again, according to today's <i>Houston Chronicle. </i><a href="https://www.houstonchronicle.com/news/houston-texas/crime/article/houston-murder-trial-prosecutors-judge-removed-17355259.php?utm_medium=referral&utm_campaign=socialflow&utm_source=facebook.com&fbclid=IwAR2W-goZAhqlv4Giv6nWnhGKagk6JBdOKZN96wO1i0-OfWj-eWLuu0g2cvE">The Office is trying to recuse 339th Judge Te'iva Bell from a case</a> because she previously granted a mistrial based on Harris County District Clerk Marilyn Burgess' <strike>ridiculously unnecessary</strike> presentation to the jury panel. Judge Bell was forced to make a ruling on a motion for mistrial made in a murder case because Burgess had let the panel know how important their job was to victims. Although some prosecutorial-minded friends may disagree with me, I think she made the right call. One has to wonder how the State would feel if the panel had heard from a group of speakers like Anthony Graves,Michael Morton or others who had been wrongfully charged and/or convicted before they came over to sit on a murder case.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">The idea of trying to recuse a judge because you disagreed with a ruling is nothing short of absurd. No trial lawyer has ever participated in a trial where they agreed with every ruling the judge made. The answer to that problem is an objection and an appeal if the objection is overruled. It is NOT getting rid of the judge, and Kim Ogg knows that.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">This is all part of a disturbing trend within Ogg's office of trying to ax the judge when they don't like the rulings or attitude that they are getting. They've done it to Judge Luong. They are now doing it to Judge Bell. They've gone so far as to run a slate of candidates against judges they don't like, and in the case of Judge Franklin Bynum, they've exerted a tremendous amount of effort into having him <a href="https://www.texasmonthly.com/news-politics/kim-ogg-bail-reform-judges/">completely removed from the Bench</a> entirely.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">The message coming from Kim Ogg's District Attorney's Office is clear. When the score of the game looks bad for your team, don't blame the coaches or players when you obviously need new referees.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">SIDE NOTE: I'm not exactly sure why Kim Ogg is still considered to be a Democrat. At this point, she has proven herself more than willing to systematically attack every other local member of the Party to ingratiate herself with Republican voters. She's been far more effective at damaging the Dems' chances in November than anyone from the official Republican Party has. Hell, she's even brought in <a href="https://abc13.com/archive/8474359/">Rachel Palmer</a> Hooper as a special prosecutor at $450 an hour even though Rachel is literally the <a href="https://texasgop.org/leadership-directory/party-officers/">General Counsel for the Texas GOP</a>. But that's a topic for another day . . . </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">And, of course, if all else fails and steps 1 through 3 don't work, move on to Step 4 . . .</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Step 4 -- <a href="http://harriscountycriminaljustice.blogspot.com/2022/01/dane-schiller-kim-oggs-minister-of.html">point out that anyone who isn't satisfied by steps 1 through 3 is just biased</a>.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg2LPy8N_5W3jASe2wb1XExRexqn2aa-JWY6RYcswwDL9r2nXCMLAOpGfoFFlJuMrqJK5xA1Df__lbqBA9hrwktOuF_gmMV0QVfKZEM4qJyvAq87mk_phSBLDUo4MpLs1EhQUjgQ8L40EK__MW_smCvBeBKpwLKwOUmTG--IdjFdHdoS4kAovh3ilbX/s1346/Screen%20Shot%202022-08-06%20at%204.02.23%20PM.png" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="182" data-original-width="1346" height="86" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg2LPy8N_5W3jASe2wb1XExRexqn2aa-JWY6RYcswwDL9r2nXCMLAOpGfoFFlJuMrqJK5xA1Df__lbqBA9hrwktOuF_gmMV0QVfKZEM4qJyvAq87mk_phSBLDUo4MpLs1EhQUjgQ8L40EK__MW_smCvBeBKpwLKwOUmTG--IdjFdHdoS4kAovh3ilbX/w640-h86/Screen%20Shot%202022-08-06%20at%204.02.23%20PM.png" width="640" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">In Kim Ogg's D.A.'s Office, nothing is her fault. It's just the rest of the world . . . </div>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com19tag:blogger.com,1999:blog-7566778230970156239.post-77639745950904123162022-07-18T18:06:00.003-05:002022-07-18T18:06:48.516-05:00Judge Renee Magee<p> As most of you know, Judge Renee Magee passed away last week. It is my understanding that she had been sick for some time, but wished to keep that private.</p><p>Although I don't post here as much as I used to, Renee played a significant role in my life and career and I am very sad to hear of her passing. She was a lovely and kind person and I would not be in Harris County if it weren't for her.</p><p>As I've mentioned here several times, my first introduction to working at the Harris County District Attorney's Office was in the Summer of 1998 when I had an academic internship in the 209th District Court. Elsa Alcala was the chief and Renee was the Two in the court. I did a lot of work for Renee that summer as she got ready on trial cases. She was a very devoted and hardworking prosecutor and I learned a lot from her. She was also incredibly kind and great to work for.</p><p>She and Elsa both wrote letters of recommendation for me when I applied to be a pre-commit with the office, and when that didn't happen, Renee was very encouraging to me to apply again once I received my bar results. She was Deputy Dawg of Misdemeanor when the bar results called and (back in the day of dial-up internet) she looked to see that I had passed. She called me soon after, encouraging me to apply. Two weeks later, I was working in Harris County.</p><p>During my time at the Office, we were never assigned to the same court, but we chatted whenever we saw each other. She was also sweet. Always happy. Always encouraging and supportive. Always a friend.</p><p>We lost touch for a while when Lykos was elected and I left the Office, but she appointed me fairly frequently once she became the judge of the 337th District Court. During her tenure, I would try three cases in front of her, and we butted heads during the course of those trials. I thought she still had too much prosecutor in her, and I think she thought I had way too much defense attorney in me.</p><p>When she left the bench, we lost contact except through Facebook. I had understood that she was spending most of her time in Galveston with her family. I had heard that she had a health incident a few years ago, but I was under the impression that she had recovered from it. </p><p>Despite our differences in trial, Renee Magee remained a sweet, wonderful person. She had a strong morale compass and although we differed, I respected her. I'm very sad to hear of her passing. </p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com1tag:blogger.com,1999:blog-7566778230970156239.post-91537813496302961872022-05-24T21:36:00.004-05:002022-05-25T11:32:05.529-05:00Uvalde<p></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiECfZwzeZbk7yAa3BXif3ONMGNTHAIF2SyH8_Arlsgi-HnGVIgq7KTNkjxAE_-hwAUUxIdFZoPGh_eqqvFO1iGD8NlnTxTG4NMNM-5iK4m2PgVyYATqDl6k1gk8VOStncewmcV5lhHyeeHPSNsX0RRRdrk4YPyjN1dMUk09xd8owR2aNXhI4zLc2V9/s566/Screen%20Shot%202022-05-25%20at%2011.31.32%20AM.png" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="390" data-original-width="566" height="220" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiECfZwzeZbk7yAa3BXif3ONMGNTHAIF2SyH8_Arlsgi-HnGVIgq7KTNkjxAE_-hwAUUxIdFZoPGh_eqqvFO1iGD8NlnTxTG4NMNM-5iK4m2PgVyYATqDl6k1gk8VOStncewmcV5lhHyeeHPSNsX0RRRdrk4YPyjN1dMUk09xd8owR2aNXhI4zLc2V9/s320/Screen%20Shot%202022-05-25%20at%2011.31.32%20AM.png" width="320" /></a></div><br />Ten years ago, the day of the Sandy Hook shooting happened to coincide with the day of my oldest son's Christmas pageant at his elementary school. He was in kindergarten.<p></p><p>As I recall, the early reports that came in that afternoon had reported a shooting at a school with two dead -- maybe one of them was the shooter. Sadly, a shooting at a school was not an unusual report -- at least, not initially. Shortly before my wife and I left our house to go to the pageant, there was an update. Twenty-six people were killed -- the majority of them young children.</p><p>The pageant was filled with elementary school kids, filled with excitement to be doing a play but in all honesty, probably more excited about the impending break. It was impossible <i>not</i> to compare their ages to the ages of the children of Sandy Hook. The parents in the auditorium had forced smiles as their kids ran around, oblivious to the tragedies of the world. </p><p>Before the program began, the principal spoke and asked for a moment of silence for the day's event -- her words carefully worded so as not to clue any of the children in on the unspeakable tragedy that had happened earlier. Many of the kids chattered on through the moment of silence, unaware of what it was for or what it represented. I assume that all parents were thinking the same type of thoughts that I was. </p><p>What if that happened at my kid's school? </p><p>A horrible thought that one immediately pushes out of his head -- only to have it return a few seconds later. I don't know how parents who have lost children survive. The mere thought of it wrecks me.</p><p>Tonight was my youngest son's closing ceremony for his Little League baseball season. He made the All-Star Team! He was so excited. We were so excited.</p><p>And again, we filed into an auditorium filled with kids, oblivious to the day's events. Again, a speaker held a moment of silence using words ambiguous enough to keep reality away from the hyper children in the room. Again, the parents looked at each other with forced smiles. Again, I assumed the parents in the room thought the same type of thoughts I was having.</p><p>Every day, I drive my kids to school. My oldest still hasn't gotten his driver's license, which I'm secretly happy about. I'm still trying to soak up even the smallest moments where he still needs me. But every morning, when I drop them off at their respective schools, I tell them I love them. </p><p>And I keep trying to push out those horrible thoughts.</p><p>What if that happened at my kid's school? </p><p>It's at the back of my mind every time they get out of my car and go into the care of somebody else who isn't me.</p><p>Every. Damn. Time.</p><p>This is the world we live in and it is a very dark place. Especially on days like today. And that day in December ten years ago. And the multitude of days in between. And the days before Sandy Hook. And without a doubt, the days that are bound to come.</p><p>Is gun control the answer? I'm not here to debate that. It certainly wouldn't hurt, but I doubt it would be a cure-all by any stretch of the imagination. I will say that the politicians who speed to the podium to instantly absolve guns from any level of culpability make me want to vomit.</p><p>Offering thoughts and prayers has become so overused that it has become insulting. </p><p>The reality is there are no answers in the face of tragedy. Today, the pain is fresh. Tomorrow, the pain may be just a slight bit less than the day before. At some point, maybe it will settle into just a tolerable level of numbness.</p><p>I have no solutions. I just have thoughts and prayers. My thoughts are of those who lost their lives and their families and loved ones.</p><p>My prayers are that it never happens to my children.</p><p>I've said the same prayer every day since they were born.</p><p>It's all I know to do anymore.</p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com3tag:blogger.com,1999:blog-7566778230970156239.post-78536435652053535202022-05-16T20:18:00.000-05:002022-05-16T20:18:00.791-05:00Fun in Misdemeanor Court<p><b>E-Mail # 1 dated May 5th</b> -- Me to Prosecutors, CLO and Court Coordinator: <i>Hello. My client is on the docket for a (6 month) PTI completion on May 16th. I believe she is in full compliance. Would it be possible to dismiss her case prior to that date so that she does not have to miss work? Thanks.</i></p><p><b>CRICKETS CHIRPING</b></p><p><b>E-Mail # 2 dated May 12th --</b> Me to Prosecutors, CLO, and Court Coordinator: <i>Hello. Just following up here. My client is on the docket for a (6 month) PTI completion on May 16th. I believe she is in full compliance. Would it be possible to dismiss her case prior to that date so that she does not have to miss work? Thanks.</i></p><p><b>E-Mail Response from Chief on May 12th --</b> Reply to all -- <i>Hello. Not sure if you e-mailed certificates of completion (of required courses) to another chief, but I do not have them. Could you forward them to me and I will dismiss?</i></p><p><b>E-Mail # 3 on May 12th -- </b>Reply to all -- <i>My client said she gave them to her supervision officer, but if you don't have them, I will get them and send them to you.</i></p><p><b>E-Mail Response from Probation Supervisor on May 12th --</b> Reply to all -- <i>I received the certificates of completion and I will send them to the chief.</i></p><p><b>E-Mail # 4 on May 13th --</b> Reply to all -- <i>Thank you. Will my client need to appear in person on Monday or will the case be dismissed off docket?</i></p><p><b>E-Mail Response from Probation Supervisor on May 13th --</b> Reply to all -- <i>I don't know if your client has to be there or not. Chief, can you please advise?</i></p><p><b>CRICKETS CHIRPING</b></p><p><b><u>THIS MORNING IN COURT</u></b></p><p><b>ME: </b>Good morning, did you dismiss my client's case?</p><p><b>CHIEF (pulling up my client's case on computer): </b>Did you send me the paperwork?</p><p><b>ME: </b>No, the probation supervisor . . .</p><p><b>CHIEF: </b>You need to calm down!</p><p><b>ME: </b>Um, I am calm.</p><p><b>CHIEF: </b>You never sent me the contract.</p><p><b>ME: </b>Wait. What? The PTI contract?</p><p><b>CHIEF: </b>Calm down.</p><p><b>ME: </b>I am calm, but why would I have sent you the PTI contract?</p><p><b>CHIEF: </b>It is not in my e-mails.</p><p><b>ME: </b>Well, you weren't chief when we signed up six months ago, so it wouldn't be in your e-mails.</p><p><b>CHIEF: </b>I meant the certificates of completion of the courses. Did you send those?</p><p><b>ME: </b>No, the . . .</p><p><b>CHIEF: </b>If you didn't send them to me, how will I know if she did the courses.</p><p><b>ME: </b>Well, the super--</p><p><b>CHIEF: </b>You need to send me the certificates and I am not seeing any e-mail from you.</p><p><b>ME: </b>It wouldn't be from me, the supervisor . . .</p><p><b>CHIEF: </b>No e-mail from you.</p><p><b>ME: </b>Can I talk?</p><p><b>PAUSE</b></p><p><b>ME: </b>The e-mail would be from the probation supervisor. He sent you an e-mail saying that he had them. </p><p><b>CHIEF LOOKS AT E-MAIL:</b> Well, the standard procedure for a PTI is that you send me the certificate of completion.</p><p><b>ME: </b>That has never been my experience in the past.</p><p><b>CHIEF: </b>That's standard procedure.</p><p><b>MISDEMEANOR TWO: </b>Yeah, that's how we always do it.</p><p><b>CHIEF: </b>I'll dismiss it this time, but in the future you need to send the certificates to me.</p><p><b>ME: </b>Whatever.</p><p><b>MISDEMEANOR TWO:</b> And if you are done talking, I need my chair back.</p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com11tag:blogger.com,1999:blog-7566778230970156239.post-4320191264693975072022-04-21T19:12:00.001-05:002022-04-21T20:19:53.363-05:00Gil Schultz<p>Retired Houston Homicide Sergeant and Brazos County District Attorney Investigator Gil Schultz passed away this morning. He had been in ill health for some time, and I had been dreading this day for a solid three years now, it seems. It is strange how no matter how expected bad news may be, there is no adequate defense you can build against being heartbroken when it finally comes.</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEinbNvaCJyclMNx3Ddg1SAqv-HuN7phNXVncYLZUiaNNhB15ZJWGhcrmGs6vta8xKP26ppOjJsd5haS5G3A3imql0UN0UutSYnyMFv0nAqpU2ZaPqPS7PWpWFEp8KTaiaUD3tMD_9mJMZbJsDv7XOQoxkVTQfAEBfppu8-xDkPm-2xeqB7XDo_oSnJi/s1166/Screen%20Shot%202022-04-21%20at%207.11.07%20PM.png" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="1000" data-original-width="1166" height="274" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEinbNvaCJyclMNx3Ddg1SAqv-HuN7phNXVncYLZUiaNNhB15ZJWGhcrmGs6vta8xKP26ppOjJsd5haS5G3A3imql0UN0UutSYnyMFv0nAqpU2ZaPqPS7PWpWFEp8KTaiaUD3tMD_9mJMZbJsDv7XOQoxkVTQfAEBfppu8-xDkPm-2xeqB7XDo_oSnJi/s320/Screen%20Shot%202022-04-21%20at%207.11.07%20PM.png" width="320" /></a></div><p>It is without any level of hyperbole that I can say that Gil Schultz changed my life to such a degree that I honestly would not be where I am today had it not been for him. The influence he had on my life was leaps and bounds more profound than any other human being on earth outside of my biological family. From my career path to where I live to very basic parts of my personality, the effect that he had on my life can not be overstated. He was like a second father to me, and he, his wife Gay, and his sons Ron and Rick all treated me like family from the beginning.</p><p>I first met Gil in April of 1994. I was a junior at A&M, engaged to my high school girlfriend, and working for my dad at Newman Printing Company in Bryan. I wanted to be the District Attorney of Brazos County when I grew up and planned on going to law school in the vague and ambiguous way that kids have goals in life that they have yet to make an actual <i>plan</i> for achieving. </p><p>Bill Turner, the elected District Attorney for Brazos County, came by the office to pick up some printing and my dad introduced me to him. When Bill found out that I was at A&M and had an interest in law enforcement, he suggested that I do an academic internship with his office, working under the supervision of his investigator, Gil Schultz. (Funny side note: I thought Bill had said "Gail Schultz" and was surprised to find out Gil was a man when I met him.). Bill might as well have offered me backstage passes to a Stones concert, I was so excited.</p><p>I dusted off a suit that I had worn my junior year of high school for a mock trial (it barely fit) and reported for work the next morning. I was let into the D.A.'s Office and told where to find Gil. When I arrived, he was sitting at his desk, reading the newspaper.</p><p></p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/a/AVvXsEgtO15nCqyTPquQdWBAJey3me6nRUGewLlHCcjT6WSvsudxU7QYgh8HU6zWqtrH9CBCqoADC1xTW8q5ZjVWM9MB0M_3nHYnXQCszY51ixMkAscaN8CiwngLy4Qlgp4DD4z2Mnse2TK7Tv1S8PmSVZxc3C13CLqSnegFOnB8xIkvjt_ExoQY5w4KDub1" style="margin-left: 1em; margin-right: 1em;"><img alt="" data-original-height="1210" data-original-width="1797" height="215" src="https://blogger.googleusercontent.com/img/a/AVvXsEgtO15nCqyTPquQdWBAJey3me6nRUGewLlHCcjT6WSvsudxU7QYgh8HU6zWqtrH9CBCqoADC1xTW8q5ZjVWM9MB0M_3nHYnXQCszY51ixMkAscaN8CiwngLy4Qlgp4DD4z2Mnse2TK7Tv1S8PmSVZxc3C13CLqSnegFOnB8xIkvjt_ExoQY5w4KDub1" width="320" /></a></div><div class="separator" style="clear: both; text-align: center;"><span style="font-size: x-small;">Gil in his natural habitat.</span></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">He didn't appear to notice when I walked in the door, so I knocked on the door frame. After several additional seconds, he folded down his newspaper, looked me up and down from head to toe, and then snorted out a laugh.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">He then went back to reading his newspaper.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Not knowing what to do, I just stood there like an idiot in the doorway. Eventually, he said, "You know, you can sit down." So I did. He kept reading his newspaper. I sat there, uncomfortably. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">His first words of actual conversation came to me when he said: "This Tonya Harding lady seems like a real b*tch." (I know I'm dating myself, but the Tonya Harding/Nancy Kerrigan Story was HUGE news at the time.)</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Eventually, he put down the newspaper and he started talking to me about the job as an academic intern and what all it entailed. It was supposed to be a semester-long program that I was going to do over the summer where I could get some college credits. At the end of the summer, though, I didn't want to leave. So I stayed and stayed. Right up until the week when I moved to Houston to start law school. I was there for over two years and they were some of the best days of my life, thanks to Gil.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Our primary job in those days was serving subpoenas. We spent hours in the car together, hunting down witnesses for trials. When it became apparent that I was going to be sticking around after my initial academic internship was over, Gil started treating me more or less like a junior investigator. Because of his experience with HPD Homicide, local agencies would usually call him out to homicide scenes and autopsies (that were conducted in Bexar County back then). When they called him, he would call me to come join him. We spent countless hours together and I had the opportunity to learn so incredibly much about the insane amount of work that goes into even the simplest of murder cases. I got to work alongside detectives in Brazos County who would become heroes to me -- Sgt. John Crenshaw, Harlan Pope, Chris Kirk, Kenny Elliott and Randy Glidewell, just to name a few.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Working alongside Gil felt like playing Robin to his Batman, and to be accepted as, I guess, "tolerable" by those guys was all I needed to know that I was on the career path that I wanted to be. One day, Gil made an off-the-cuff remark where he referred to me as his "partner," and that's when I really felt like I had landed somewhere that I belonged. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Gil told me about his life and times in the Houston Police Department, where he had spent 26 years, starting in 1960. He'd spent ten years in patrol, where he had done everything from guarding the parade route for John F. Kennedy on November 21, 1963, to standing guard at the stage when the Beatles played at the Sam Houston Coliseum. Years later, I found an old <i>Houston Chronicle</i> photograph where an annoyed Officer G.C. Schultz stood with his arms crossed and his back to the stage as John, Paul, George, and Ringo played in the background. His favorite celebrity moment was guarding the Monkees, however. He really loved those guys -- something I always thought was funny.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">He told me of his days in Houston Homicide, working with the best detectives in business and trying cases with Legends of the Game like Johnny Holmes, Rusty Hardin, Lyn McClellan, and others who were prosecuting. He was particularly close with Rusty, who by 1994 was a legend of the defense world. He took great pride in telling me that he knew Rusty when he was a prosecutor. He talked about him all the time. I love Rusty Hardin for many reasons, but the main one is that he was so very kind to Gil and stayed in touch with him all the way to the end. Rusty and Lyn had been the prosecutors on the Campbell murder case, which was later the subject of two books: <i>Daddy's Girl</i> and <i>Cold Kill.</i></div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">As much as Gil taught me about investigations and the criminal justice system, he taught me far more about life. In my early days, I tried to bond with him by discussing my impressive amount of knowledge of television procedural cop dramas like NYPD Blue. He waved off that topic quickly, saying, "I don't watch shows like that. I get enough sadness at work. I like musicals." And man, did he like musicals. He was known to belt out show tunes in the office at random moments and the radio in our Crowne Vic never saw heard a song written past 1950 if he was driving. He kept Disney collectibles and other souvenirs that had absolutely <i>nothing</i> to do with homicide and law enforcement. His constant refrain was, "Do what makes you happy and if something stops making you happy, stop doing it."</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Almost every interaction I watched him make, he led with a joke -- whether it be with a judge, a defense attorney, a witness or a suspect. He operated under the philosophy that a joke was an icebreaker that was appropriate in any situation -- the cornier, the better. I can't tell you how many times we went to a restaurant where he followed the waiter or waitress's greeting with, "I am Gil and this is Murray and we will be your customers today." That's who he was. As a police officer, he obviously had a gun, but I don't think I ever saw him carry it on more than a handful of occasions. His happy demeanor got him so much further in life than a weapon ever would.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">And the practical jokes. Oh man. If you learn nothing else from this post, learn to never engage with a Houston Police Officer in a practical joke war -- the more bathroom-oriented, the better. I once tried to one-up Gil in a practical joke war and ended up riding in the passenger seat with the window locked in the down position during a monsoon. The stories he told of the practical joke wars from his HPD Homicide days were nothing short of legendary. Most of them not repeatable!</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">He became like a second father to me and we were inseparable. I was never all that involved in college life at A&M because I had found the place where I wanted to be, working at the D.A.'s Office. At one point, another academic intern made the comment, "You have to be the only senior at A&M whose best friend is retired." I wouldn't have had it any other way.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhrvPT8fGqssocuMYMZHbYDFo1qQ9h5WJQYg-cG5Ii2GKp2JVeeH_GrXzO6CptrgBCLTC9AJBsAhztsh3GZk4wdknEjUyVLspsBgKrU5IiUeWZmGxArBctj-Gztbd9bv0VZUfu0nBU4MeYhwhFH_B85lDNNkx688Eqw1vLbeMnqLhwVM0PZzBcN36kM/s1563/2015_12_22_19_33_06.pdf000.jpg" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="1053" data-original-width="1563" height="216" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhrvPT8fGqssocuMYMZHbYDFo1qQ9h5WJQYg-cG5Ii2GKp2JVeeH_GrXzO6CptrgBCLTC9AJBsAhztsh3GZk4wdknEjUyVLspsBgKrU5IiUeWZmGxArBctj-Gztbd9bv0VZUfu0nBU4MeYhwhFH_B85lDNNkx688Eqw1vLbeMnqLhwVM0PZzBcN36kM/s320/2015_12_22_19_33_06.pdf000.jpg" width="320" /></a></div><div class="separator" style="clear: both; text-align: center;"><span style="font-size: x-small;">Ed Ziegler, Gil and me at my A&M graduation</span></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">The strongest advice that Gil ever gave me would ultimately change my life plans completely. He knew I wanted to be the Brazos County D.A. someday, but he was steadfast that, "first you have got to be a Harris County D.A." That didn't mesh well with my plans to marry my high school sweetheart and settle down in B/CS, but he was adamant. He loved Houston. The restaurants. The sports. Memorial Park. He loved everything about Houston and the people in the criminal justice system. The cops were the best. The judges were the best. The defense attorneys were the best. But most importantly, the prosecutors were the best. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">"You can always come back to Bryan," he said. "But first, you have to be a Harris County prosecutor."</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">So I did, and everything he said was 100% accurate. I love this city like he did. I love the criminal justice system like he did. I loved being a prosecutor and I loved how proud he was of me for being one. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">My favorite moment of my prosecutorial career would bring things full circle with Gil's career. Of all the people he spoke of from his days in Houston, he spoke of his old Homicide partner, Sgt. Paul Motard, the most. He wanted to introduce me to him, and after all of the stories I had heard about Motard, I wanted to meet him, too. But running into Motard during all of the trips that Gil and I made to Houston just never seemed to happen. Every time we came to town, Motard was either busy at a scene, testifying, or on vacation. I started to think he was a figment of Gil's imagination.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">I joined the Harris County D.A.'s Office in 1999. In 2003 or 2004, I was assigned to the 185th District Court. As I was familiarizing myself with the files, I realized that the first three murder cases that I had set for trial were with Motard and his partner C.P. "Abbey" Abbondandolo (which I still can't spell without double-checking 20 years later). I felt as excited as a kid who just got his driver's license. Gil was excited too, and those guys were freaking amazing to work with. I was honored to get to work with them and I'm even more honored to call them my friends. When Motard retired, Gil came to town for the celebration, and we took this picture together. Words can't begin to describe how much I love this picture from that day.</div><div class="separator" style="clear: both; text-align: left;"><br /><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgJqbyGrsLpCxUnqY2RDHcX1JzRosOsKFP7kDCH87tiddni7fb_Gr7jBODbWKdzwgl3Y34xcNs4-Q8wnjX5Qe-fh7IOFuxAV6aK-yY22umY_KyX8lnQlrAvwjTma-LnTpyIe4Qa0Jg2HgDrctxuDirws_94otdrHA6cJj7DjHT7tOg8WNyuerTkkniR/s3264/IMG_9820.JPG" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="2448" data-original-width="3264" height="240" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgJqbyGrsLpCxUnqY2RDHcX1JzRosOsKFP7kDCH87tiddni7fb_Gr7jBODbWKdzwgl3Y34xcNs4-Q8wnjX5Qe-fh7IOFuxAV6aK-yY22umY_KyX8lnQlrAvwjTma-LnTpyIe4Qa0Jg2HgDrctxuDirws_94otdrHA6cJj7DjHT7tOg8WNyuerTkkniR/s320/IMG_9820.JPG" width="320" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">When I was a prosecutor, I didn't travel to Bryan that often, but when I did, I would go see him, and we talked on the phone quite a bit. He would come to visit Houston on occasion, and he was always intently interested in what was going on in my life. Even years after I had left Brazos County, I still called and involved him in all of the milestones of my life. He knew my family. He knew all my wives. He knew my kids. He was my family.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">And, God bless him, the man never changed.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">A couple of years ago, I got a phone call from him one December. I answered it and he immediately asked me if I was okay.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">"Yeah," I said, surprised by his question. "Why wouldn't I be?"</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">"I just got this Christmas card and some fat guy is standing in there with your family. I was wondering what they did with you."</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">I could fill a book with stories about Gilbert and the lessons I learned from him. From learning how NOT to become your job. To loyalty to friends and co-workers. To humility. Every once in a while, I'll reflect on what an awkward and shy kid I was when I walked into his office in April of 1994. I doubt anyone who knows me now would recognize who I was back then. I'm not sure that I do. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">I'm still a few years away from being the age that Gil was when I first met him. I've definitely had some adventures down the path he persistently urged me to take. It is no exaggeration to say I wouldn't be where I am or who I am without him. I wouldn't trade that for the world.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">I've had many amazing friends and co-workers in my lifetime and I count my blessings for that. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">But there was only one Gil Schultz.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">When his health began to fail him a few years ago, I told him countless times how much I loved him and what an unequaled and wonderful influence he was on my life. I don't think I ever was able to express it adequately enough. I'm glad he isn't suffering anymore. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">I will miss him with all of my heart.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgqYhzab3da9NDg1GxSmaFlNboov7_ndavbBIgnTFDoXZ1D3fWhlpJNy6rhlfGIxNjpYgyoEjNi2iM68G-YyyLibO0lRW9hX2M0vaTsFm8ZgthnkLSwgFceMykCrjCG3Fmms7LN4FKxP48ZM0ZI2KfRKwPhWYIgu3v5fwxFRecYm2mTqRc4MJkvJ6Ux/s4032/IMG_1338.jpeg" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="3024" data-original-width="4032" height="240" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgqYhzab3da9NDg1GxSmaFlNboov7_ndavbBIgnTFDoXZ1D3fWhlpJNy6rhlfGIxNjpYgyoEjNi2iM68G-YyyLibO0lRW9hX2M0vaTsFm8ZgthnkLSwgFceMykCrjCG3Fmms7LN4FKxP48ZM0ZI2KfRKwPhWYIgu3v5fwxFRecYm2mTqRc4MJkvJ6Ux/s320/IMG_1338.jpeg" width="320" /></a></div><br /><div class="separator" style="clear: both; text-align: left;"><br /></div></div><div class="separator" style="clear: both; text-align: left;"><br /></div><p></p>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com9tag:blogger.com,1999:blog-7566778230970156239.post-43559159275062453682022-02-13T20:16:00.015-06:002022-02-13T20:45:31.488-06:00The 2022 Primary Elections<p>It's hard to believe that we're already two weeks into February of 2022. It seems like New Year's Day was last week. I'm losing track of time, and the Early Voting is starting Monday, February 14th for the 2022 Primaries (with Election Day being Tuesday, March 1st).</p><p>The Republican Primary is a pretty easy write-up -- nothing is contested. The GOP is in a rebuilding phase at the moment, and they consider it an accomplishment to have had a candidate running in all the positions. As far as I can tell, most of them are pretty much running to see whether or not the tide has turned back to red in Harris County. We'll see. I think it will be closer this year than in years past, but I still think Harris County is firmly blue. As always, I'll defer to my friend Charles Kuffner at <a href="http://www.offthekuff.com/wp/">Off the Kuff</a> for a more adept analysis of the big picture. If you aren't reading him, you should be.</p><p>The Democratic Primary is a different story, with a great many contested races. So, I ticked off a bunch of my prosecutor friends with this <a href="http://harriscountycriminaljustice.blogspot.com/2021/12/boss-oggs-slate.html">post back</a> in December, where I suggested that the number of prosecutors running against incumbent judges was tied to a threat 1st Assistant David Mitcham made about there being "consequences for not following Kim's vision." A couple of those candidates reached out to me to let me know that wasn't the reason they were running and they weren't really excited that I had said as such.</p><p>All I can tell you is that I stand by the information that I've received that Ogg and her upper admin did encourage prosecutors to run. The sources I received that information from haven't backed off that story and neither will I. If you are running for reasons other than the Administration asked you to, then good for you. If you are running <i>because</i> the Administration asked you to, that doesn't mean you're a bad candidate. Take deep breaths, people.</p><p>Speaking of taking deep breaths, this write-up is a difficult one because I have so many freaking friends running against each other. I've been doing this blog for 14 damn years now. When I first started, doing recommendations was pretty easy because primaries were rarely contested, and the general election was a foregone conclusion. Times have changed.</p><p>As I've said in the past, as much as I enjoy this blog (when I find time to write on it), it's not worth losing a friend over and I'm not going to talk crap about a candidate just because I'm better friends with the opponent. There is still one person running around out there who decided to unfriend me on Facebook, and give me (and my poor wife!) the silent treatment because I failed to adequately disparage her opponent a few elections ago. My response to that is I hope that the door didn't hit her in the ass on the way out.</p><p>So, yeah, this rundown is pretty much going to be boring for the most part. I'm just sayin'. These are the contested races:</p><p><b><u>183rd District Court -- Judge Chuck Silverman (I) vs. Gemayel Haynes</u></b></p><p>Four years ago, when Judge Silverman was running against then-incumbent Judge Vanessa Velasquez, I was pretty harsh on the blog about the fact that Judge Silverman's experience was primarily civil, as opposed to criminal. Shortly after he won the election, I had to go through that awkward first appearance in front of someone I hadn't been exactly kind about. To his utmost credit, Judge Silverman gave me some good-natured grief and then treated both me (and my clients) very kindly. In his time on the bench, he has been attentive, compassionate and fair in all of my appearances in front of him, and I don't have anything negative to say about him.</p><p>Gemayel Haynes is someone that I consider a dear friend who I've known since he was a baby prosecutor. We also used to be neighbors back in the old days! I've watched him grow from the new guy on the block to a very vocal and dynamic leader in the criminal defense world, where he is respected as both a voice of reason and experience in a field of dynamic personalities. He has experience as both a prosecutor and a defense attorney, which is a tremendous asset for a judicial candidate. More importantly, he is a kind and compassionate man who lives and breathes criminal law and the justice that it demands.</p><p><b><u>184th District Court -- Judge Abigail Anastasio (I) vs. Katherine "Kat" Thomas</u></b></p><p>Judge Anastasio is another person who I've known since she was a baby prosecutor. We even tried a case against each other years ago. She is a personal friend and I've appeared before her in court on numerous occasions. She takes her job very seriously and stays on top of her dockets while playing no favorites to either side. In the cases where I have appeared before her, she holds the State to its burden of complying with Discovery in a quick and efficient manner, but she also expects the Defense to be ready and up to speed on the Discovery that they have already received. She gives her full attention to the docket and I believe she has done a good job.</p><p>Katherine "Kat" Thomas is also a friend of mine and a prosecutor whom I've handled several cases against. I also think the world of Kat. She and I have handled extremely serious cases against each other with several of them involving fatalities. She is smart, fair, and ethical on all fronts. On multiple cases that I've handled with her, she has heard me out on all of my arguments and taken them seriously. Even when we could not come to a resolution together on a case, I have always respected her integrity and ability to address my issues and concerns on some very emotional cases. I think Kat would also make a fantastic judge.</p><p><b><u>185th District Court -- Judge Jason Luong (I) vs. Katie Ferrell vs. Andrea "Andy" Beall</u></b></p><p>Judge Jason Luong is (yet another) person that I've known since his time at the District Attorney's Office, and I've always liked him. I was glad to see him elected to the 185th District Court four years ago, and I've enjoyed appearing before him during his first term in office. Judge Luong has proven himself to be a compassionate and knowledgable judge during his time on the Bench. I've had extremely serious cases in his court, and have been grateful that he was the judge that I was appearing in front of. He takes his time with these cases and is open-minded to arguments from both sides. He's done a great job on the bench.</p><p>Katie Ferrell is a former prosecutor and a highly respected defense attorney whom I've known for several years now. I've tried cases with her, and I've sought her advice on issues surrounding DWI defense, where she has specialized training. She's a veteran and single mom and a pretty damn impressive human being all around. She's one of the bravest people I know when it comes to speaking her mind and standing up for what she believes in, and that makes her a great leader. I have a lot of admiration for Katie and think she would also make a great judge.</p><p>Andy Beall is a current prosecutor and I have nothing negative to say about her or her ability to be a judge. Although I'm closer to both Judge Luong and Katie Ferrell, I've never had a negative experience with Andy at all. I haven't dealt with her on too many cases, but on those cases where I dealt with her, I found her to be pleasant and fair. My only concerns regarding Andy are that I'm not entirely sure she's running in the right primary. Her platform seems to be more Republican than Democrat (not that this is necessarily a bad thing). Anyone who reads this blog or follows my posts on Twitter knows that I've got a big issue with the Republican Party <a href="http://harriscountycriminaljustice.blogspot.com/2021/08/scapegoating-judges.html">scapegoating the judges</a> on the "crime wave" that is happening all around the country, and Andy has jumped on that bandwagon. </p><p><b><u>208th District Court -- Judge Greg Glass (I) vs. Kim McTorry vs. Beverly Armstrong</u></b></p><p>Judge Greg Glass has been around since I was a baby prosecutor, and nothing characterizes him more than the fact that he is a very nice man. I never tried a case against him when I was a prosecutor and I've only had one or two cases in front of him since he's been on the bench, but it seems like I've known him since the day I started. He is a friendly, kind man. On those rare occasions where I did appear in front of him, he was polite, friendly, and attentive. He took a lot of unwarranted negative press last year in the center of the Republican-led push to villify all of the sitting Democratic Judges, and he was treated ridiculously unfairly. I felt bad for him, because I think Judge Glass has a good reputation as a fair, honest and considerate judge. </p><p>I had one case against Kim McTorry when she was a prosecutor in child abuse. If I recall correctly, neither of us stayed on the case very long -- she left the office for private practice and I got substituted out by a retained attorney. For those few months where we were on the case, I enjoyed working with her. She was on top of her case, complied with discovery quickly, and was very pleasant to work with. Although we aren't super close, I consider Kim to be a friend and I think she would also make a good judge.</p><p>Beverly Armstrong is one of the few people in this entire post that I don't know at all. That's partially my fault. Polk County District Attorney Lee Hon reached out to me to make an introduction, and I failed to follow up with him. Sorry about that Lee. The schedule has just been crazy for the past several months, as evidenced by me writing this post at the last minute! What Lee told me about Beverly is that she has been the First Assistant at the Polk County D.A.'s Office and before that was a Court Chief in Galveston County under Jack Roady. Lee described her as funny, smart, even-tempered, and considerate. He gives her the highest recommendation. </p><p><b><u>228th District Court -- Judge Frank Aguilar (I) vs. Sam Milledge II</u></b></p><p>I've known Judge Frank Aguilar since he was a magistrate and I was the PC Chief at D.A. Intake around 2006-2007ish, and I've appeared before him on many occasions since he took the Bench after the 2018 election. I've handled serious cases in front of him, and I've gone to trial on a very serious case in front of him. I think he's a really great judge. He's a very quiet man, and I've never socialized with him, but in my appearances in front of him, he is a neutral and fair man who carefully considers the evidence before him and makes decisive rulings without question. He calls balls and strikes with impartiality and he gave me a fair trial. He's worked with me on some unusually troublesome cases and I had enough confidence in his fairness to take a double fatality accident case to him on a Pre-Sentence Investigation Hearing (if you aren't a lawyer that's an example of having A LOT of faith in the judge to be fair to your client, just FYI). He's a good man and a good judge and I'd try a case to him any day of the week.</p><p>Sam Milledge II is well-known and well-liked defense attorney who I have been friends with for several years now. He is respected as a trial lawyer and someone who devotes his life to the Criminal Justice System. I think highly of Sam, as well, and think he would make a good judge. He would be fair minded and work toward making the Criminal Justice System a better place.</p><p><b><u>230th District Court -- Judge Chris Morton (I) vs. Joseph Sanchez</u></b></p><p>There is something about the 230th District Court that seems to draw my friends to run against each other for its bench. Four years ago, it was my friend Judge Brad Hart running against my friend, (now) Judge Chris Morton. This year, Judge Morton is defending his bench against my friend (and Assistant District Attorney) Joseph Sanchez. The winner will face off against . . . . my friend, Brad Hart in November.</p><p>Judge Chris Morton is a good friend of mine, so saying a lot of nice things about him will probably make it weird the next time I see him. But Judge Morton is a damn good judge. He's an Army veteran, smart as a whip and he's brave enough to make a call that he deems to be the correct one -- even when he knows it may turn out to be an unpopular decision with the uninformed masses. In my opinion, those two qualities, mixed in with a level of compassion, are what define a good judge. During his time on the Bench, Judge Morton has exhibited all of these qualities and I admire him for that. He deserves to be re-elected.</p><p>Joseph Sanchez is also a friend of mine, and I've dealt with him as a prosecutor on many cases over the past years. I always enjoy working with Joseph on a case because he is candid, honest and has a great sense of humor. If he were running in another race (like in 2024, hint hint), I'd gladly support him. </p><p><b><u>248th District Court -- Judge Hilary Unger (I) vs. Linda Mazzagatti</u></b></p><p>Although some of these races are hard to make a call on, the race for the 248th District Court is pretty easy.</p><p>Judge Hilary Unger has spent her first term on the Bench defining herself as a problem solver who handles each case before her with the care and consideration that it deserves. With her extensive experience in criminal law as a defense attorney, coupled with her experience in juvenile law and working in the family court, she has been uniquely qualified to be a judge. Every time attorneys approach the Bench, Judge Unger takes the time to make sure she fully understands all aspects of the case before her. She is thoughtful in her rulings and goes the extra mile to work on solutions to some of the trickier cases she presides over. She has also established herself as a leader amongst the judges in tackling other issues facing the CJC world. She is a hands-on leader who seeks input from both the Defense and the State in making the System better.</p><p>Linda Mazzagatti is a current prosecutor who used to be a defense attorney. I never had a personal problem with Linda, and she's always been nice to me. However, during her tenure as a defense attorney, she seemed pretty disorganized and I saw her flustering prosecutors with her needlessly abrasive approach. I've never seen her in trial and she seems to be tucked away in the Office's General Litigation Division. Her Facebook website seems to be touting the same anti-bond reform message that seems more appropriate for a Republican candidate than a Democratic one. Personally, I think she lacks the experience to be a judge.</p><p><b><u>263rd District Court -- Judge Amy Martin (I) vs. Melissa Morris</u></b></p><p>I didn't know Judge Amy Martin before her run for the 263rd Bench in 2018, but over the course of her first year, I've had the opportunity to appear before her on many occasions on some very tough cases, and I'm a fan. I think I actually was the first plea she took in her court, if my memory serves me correctly. I've gone before her on some tough cases and she is definitely no pushover, but she has a tremendous amount of compassion for the people appearing before her as Defendants. I've seen her take chances on some Defendants that others might not, and I've seen her lower the boom on others who didn't take those second chances seriously. She cares about the cases before her and she takes her job extremely seriously. She's also pretty damn smart, as it turns out. </p><p>Melissa Morris is a respected defense attorney who I only know in passing. She has always been nice to me, but I don't know much about her other than that, unfortunately.</p><p><b><u>482nd District Court -- Veronica Nelson vs. Alycia Harvey vs. Sherlene Cruz</u></b></p><p>The 482nd District Court is a newly established court and this is the first election held for its Bench, which is currently occupied by appointed Judge Maritza Antu.</p><p>Veronica Nelson is one of my very good friends (whether she will admit it or not). I first met her years ago when we tried a case against each other in the 176th. I only knew her in passing before that case, but I was impressed with the way she handled a tough set of facts and tried them skillfully. She had a composure and knowledge that showed a confidence in her skills that not all prosecutors have at that level. I respected the way she tried that case and we became friends (whether she will admit it or not) through that trial. When she left the District Attorney's Office, she went on to become the Staff Attorney for the Harris County Criminal and Civil Courts at Law.</p><p>Alycia Harvey is also a friend of mine whom I like and admire. Like Joseph Sanchez, if she were running in a different race, I'd be glad to support her (2024 is just around the corner . . . ). She is a highly respected prosecutor who has been at the District Attorney's Office since my time there. She's a chief in Major Offenders who is a pleasure to deal with and is reasonable on the toughest cases. </p><p>I don't know Sherlene Cruz personally, but I do know that she is well respected by people whose opinions I value. She works for the Harris County Public Defenders Office where she is regarded as a valued trial lawyer. I wish I had more information about her to share, but unfortunately, I don't.</p><p><b><u>County Court at Law # 2 -- Judge Ronnisha Bowman (I) vs. Jannell Robles</u></b></p><p>Judge Ronnisha Bowman was elected in 2018 to the CCL # 2 bench. I think I may have had one case in there at the very beginning of her tenure as judge, but I think it was dismissed and I never actually appeared in front of her. I don't know much about her or how she runs her court to give an informed assessment of her as a judge.</p><p>Jannell Robles works for the Harris County Public Defenders Office. When I wrote my original list of candidates, I mistakenly identified her as a prosecutor and ended up talking to her on the phone to apologize for my mistake. I did not know her prior to my phone call, but she was very nice. She has a definite vision for what she would like to do as a judge and I agreed with her ideas. She is young and energetic. In my opinion, she has the right ideas for someone running for judge.</p><p><b><u>County Court at Law # 3 -- Staci Biggar vs. Porscha Brown vs. Lorenzo Williams</u></b></p><p>There is no incumbent in the race for County Court at Law # 3, because Judge Erica Hughes (who won the Bench in 2018) went to work as a Federal Magistrate. </p><p>Staci Biggar is an <i>extremely</i> highly respected former-prosecutor and defense attorney whom I've known since I first came to Harris County in 1999. I am a tremendous fan of hers because during the entire time I've known her, Staci has always been the first person to volunteer when someone needs help. She has devoted countless hours/days/weeks to helping out in Mental Health Court, Veterans' Court, and just regular Court. She's a leader that other attorneys turn to when they need advice. Years ago, when I was dealing with a mentally ill friend, I sought her advice, and she worked with me and my friend's family. I will always be forever grateful for that. She would be an <i>amazing</i> judge. She is knowledgable, compassionate and kind. I don't know why she hasn't run sooner.</p><p>Porscha Brown works for the Public Defenders' Office and I only met her fairly recently. She seems extremely nice and I have no doubt that she would a qualified candidate. I just don't know much about her.</p><p>I'm not sure if I've met Lorenzo Williams or not. I apologize if I have and don't remember it. I'm not entirely sure where he works, either. His campaign website says that he worked at the District Attorney's Office but it isn't clear if that is where he presently works. His State Bar profile seems to show that he's in private practice. I'm not entirely sure what his credentials are.</p><p><b><u>County Court at Law # 5 -- Judge David Fleischer (I) vs. Carlos Aguayo</u></b></p><p>Judge David Fleischer is one of the nicest human beings in the Harris County Criminal Justice Center. He and I have been friends for years and I was very supportive of his campaign four years ago. After appearing in front of him numerous times over the past years, I am glad to see that support was well placed. Judge Fleischer is a fantastic judge who brings a tremendous amount of compassion, kindness and intelligence to the cases that appear before him. He's the embodiment of a person who is there to help and we need more people like him on the Bench.</p><p>I don't know prosecutor Carlos Aguayo on a personal level, but I've dealt with him on several different cases over the past year or so. I don't have anything negative to say about him based on my own dealings. There are some people, whose opinions I respect, however, that have let me know that they do have an issue with him and the way he has handled cases with them in trial. Although those are not my personal experiences with him, I would probably vote for Judge Fleischer over any candidate that ran against him. He's a great judge and deserves to be re-elected.</p><p><b><u>County Court at Law # 6 -- Judge Kelley Andrews (I) vs. Selena Alaniz</u></b></p><p>I've known Judge Kelley Andrews since she was a relatively new defense attorney and I've always been a big fan of her. I knew she would make a great judge when she ran in 2018, and I'm glad to say that I was right about that. It was no surprise to any of us who know Judge Andrews that she would run a good courtroom. I haven't had any contested matters in front of her yet, but the reviews from others who have are positive. Judge Andrews was always an unflappable defense attorney who cared about her clients, so it is no surprise to see that she has extended those traits to the Bench. She's a good judge and deserves to be re-elected.</p><p>I also know Selena Alaniz and have nothing negative to say about her. I worked with her through HCCLA when she did more work in Harris County, but her primary stomping grounds are in the Fort Bend Criminal Justice Center. I like Selena a lot, and as I've said about several of the other candidates, I'd support her in a different race. She's a very nice person and it's always nice to see her when I'm in Fort Bend.</p><p><b><u>County Court at Law # 7 -- Judge Andrew Wright (I) vs. Mauricio Vazquez</u></b></p><p>Judge Andrew Wright garnered a lot of attention early on in his judicial career when he took the highly unusual move of imposing sanctions on the Harris County District Attorney's Office for a failure to turn over exculpatory evidence. It was deemed outrageous by the Office, who said that Judge Wright should have just granted a continuance rather than impose financial sanctions, but the message that the Judge was sending was a refreshing one. Too often the failure to comply with the Michael Morton Act is just glossed over with a continuance rather than imposing a meaningful punishment. It was refreshing to see a judge who took it for the egregious violation that it was and it signaled that Judge Wright was clearly marching to the beat of his own drum. During his tenure, Judge Wright has been very clear that he has a direction he wants his court to follow and he intends to follow it, even if it makes others angry from time to time. I admire that about him and think that's a good quality in a judge. I wish more judges had the guts to truly hold the State accountable when they don't follow the law.</p><p>I don't know Mauricio Vazquez very well, although I had a case or two with him when he was still with the District Attorney's Office. He's a very quiet guy, but he's nice. I don't have anything negative to say about him, but my professional dealings with him were very limited.</p><p><b><u>County Court at Law # 8 -- Judge Franklin Bynum (I) vs. Erika Ramirez</u></b></p><p>I've often described my relationship with Judge Franklin Bynum as being akin to having a little brother. I love him to death but we tended to bicker and fight a lot. We've calmed down with the bickering as we've gotten older, and I find myself agreeing with him more often than not. Like Judge Wright in Court # 7, Judge Bynum has no fear of ticking off the District Attorney's Office. . . or the police . . . or me . . . or anyone, for that matter. He's an insanely intelligent student of the law who knows what he's talking about when he makes legal rulings. During his first term in office, he correctly pointed out that the entire procedure that Harris County District Attorney's Office utilized in filing charges violated the Code of Criminal Procedure. The D.A.'s Office was mildly nervous as Judge Bynum pointed out that perhaps literally all criminal charges should be thrown out for violating that procedure. They've since painted a large target on his back as he continues to challenge the State and hold them accountable. That's the job he's supposed to do and it's nice to see him having the courage to do it.</p><p>I'm also a huge fan of prosecutor Erika Ramirez. I've dealt with her on many cases and she is always a pleasure to work with. She takes her job seriously, but she is also compassionate on cases where compassion is called for. She has always been very dilligent in turning over discovery and listening to anything the defense has to offer. I think Erika would also make a fantastic judge. This is another tough race for me to decide who I am voting for.</p><p><b><u>County Court at Law # 10 -- Thuy Le vs. Juanita Jackson</u></b></p><p>Like County Court at Law #3, there is no incumbent in this race. Judge Lee Harper Wilson is not running for re-election after a tumultuous term on the bench. Like several of these races, I'm friends with both candidates and I'm having a tough time deciding who I'm voting for.</p><p>I've known Juanita since I first started at the Office back in 1999 and she has always been very nice to me. She is an Old School lawyer who isn't afraid to go to trial. She definitely has the experience and knowledge to be a good judge.</p><p>I'm also a big fan of Thuy Le, who I've known since she was a baby prosecutor. She is an extremely smart lawyer who has nerves of steel that I admire. After leaving prosecution, she became a very prominent member of the Harris County Criminal Lawyers' Association where she served as Vice President and also won the the Sharon Levine Unsung Hero Award (which is a tremendous honor). She also pursued disciplinary action against Judge Wilson for the above mentioned tumultuous behavior and then challenged him by declaring she was running against him (prior to him announcing he wasn't going to run). Thuy Le is somebody I admire a lot and think would make a great judge.</p><p><b><u>County Court at Law # 14 -- Judge David Singer (I) vs. Je'Rell Rogers</u></b></p><p>Judge David Singer is one of the few (if not the <i>only)</i> incumbent Judges on this list that I haven't appeared before since taking he took the Bench following the 2018 election, so I don't have any personal experience to share about him as a judge. Prior to taking the Bench, he used to comment from time to time on the blog when he disagreed with something I wrote, and I recall in a previous assessment of him, thinking that he had a relatively short temper. I haven't heard any complaints about his temper, or anything else for that matter, during his tenure on the Bench. He seems to be doing his job without angering either the State or the Defense, to my knowledge. That's a good thing.</p><p>His opponent is Assistant District Attorney Je'Rell Rogers. Je'Rell and I are friends who will forever be professionally linked through the greatest case of our respective careers: the alleged theft of an adult-sized polar bear costume.</p><div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/a/AVvXsEjFR5_azwXoPWANW4TU_fB6qDm2CEJ98D6gPYLAE-6TmFy5wqu4MgPiK1CqHhBe_x6aw2A5H-QiQJAYzYYFLs3s4Vw-DOIELx3ZTQYoAuEm2ocY88cVV1gnHBB45_b-M_DO5h6f-F-O5hrOuAEpO1-EO_2EEX5mrzPViWe6Mk0l5usyvWcfSgOJYDPZ=s1306" style="margin-left: 1em; margin-right: 1em;"><img border="0" data-original-height="1144" data-original-width="1306" height="280" src="https://blogger.googleusercontent.com/img/a/AVvXsEjFR5_azwXoPWANW4TU_fB6qDm2CEJ98D6gPYLAE-6TmFy5wqu4MgPiK1CqHhBe_x6aw2A5H-QiQJAYzYYFLs3s4Vw-DOIELx3ZTQYoAuEm2ocY88cVV1gnHBB45_b-M_DO5h6f-F-O5hrOuAEpO1-EO_2EEX5mrzPViWe6Mk0l5usyvWcfSgOJYDPZ=s320" width="320" /></a></div><div class="separator" style="clear: both; text-align: center;"><br /></div><div class="separator" style="clear: both; text-align: left;">Dubbed the "Trial of the Century" by nobody, it was a test of wills and brinksmanship reminiscent of the Cuban Missile Crisis that ended with a dismissal on trial date, after a mental chess match that had stretched out over months. As any trial lawyer will tell you, you pour your heart and soul into cases like these and Je'Rell's previous experience as a back up mascot for Notre Dame made this fight personal. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">I've worked with Je'Rell on a couple of other, lesser cases, too, and I've always appreciated the way he handles his job as a prosecutor. He is open-minded, fair, honest, and willing to concede points when negotiating a case. I think highly of him as both a prosecutor and a friend. I think he would make a great judge.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;"><b><u>District Clerk -- Marilyn Burgess (I) vs. Desiree Broadnax</u></b></div><div class="separator" style="clear: both; text-align: left;"><b><u><br /></u></b></div><div class="separator" style="clear: both; text-align: left;">Although not a judicial race, of equal importance to those of us who practice in CJC is the race for District Clerk. The role of District Clerk is critical to everyone involved in the practice of law and with the centerpiece of that is the running of the District Clerk's website. Everything from running a Defendant's record, to filling out plea paperwork requires an efficient and running website. </div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">District Clerk Marilyn Burgess came in with the Democratic sweep of 2018, replacing Chris Daniel in the position. Under Daniel, the website had a couple of minor problems that Burgess has somehow managed to exponentially exacerbate. During her tenure as District Clerk, she seems to be much more focused on making promotional videos (featuring herself) and redesigning her website (with more pictures of herself) than making sure that the website is actually running. It is a ridiculously common occurence under the Burgess Administration for the website to crash completely in the middle of morning dockets, bringing court proceedings to a standstill. I cannot stress enough what an absurdity this website has become. It is a running joke in the legal community that nobody is laughing at. She is simply not good at her job.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">Her challenger, Desiree Broadnax, has been running the District Attorney's Office Intake Division as the Division Manager, since my time at the Office. Having worked with Desiree, I am a firm believer in her efficiency and ability to take charge and organize the District Clerk's Office. She understands the demanding and hectic nature of the justice system and she has the experience to manage it. She isn't a politician -- she's simply someone who can get things done. She would do a far better job than Burgess has done over the past years.</div><div class="separator" style="clear: both; text-align: left;"><br /></div><div class="separator" style="clear: both; text-align: left;">So, there you have it. All comments, questions, and criticisms are welcome in the comments section. </div>Murray Newmanhttp://www.blogger.com/profile/00662196272138109874noreply@blogger.com13