Reception for Don Smyth

Today there will be a reception honoring Don Smyth as he retires from the Harris County District Attorney's Office.

It will be held from 1:30 to 3:30 on the 7th floor of the CJC.

Come wish Don well in his future career, and thank him for the 33 years of public service that he has given Harris County.

Don Smyth Retires from HCDA

Career prosecutor Don Smyth retired from the Harris County District Attorney's Office today, putting the end to a 33 year career as a prosecutor.

Now, as we all know from articles here and here, that this is by no means the last we've heard of our friend, Don. He's still actively campaigning as the Republican candidate for County Court at Law # 13.

And although I hope we are about to see the beginning of Don's "new career" come January 1st, I wanted to tell him congratulations on 33 years at his old job.

Don is a man of the highest character. Although he was more than eligible to retire when the Gang Who Couldn't Shoot Straight rode into town, he didn't leave. Even when they demoted him from Bureau Chief to Division Chief, he remained loyal to the people who had served under him and stayed to act as a buffer between them and the folks who knew what they were doing.

Unlike some of the other prosecutors (who in Don's position who would sell out their prosecutors to be "team players" with the New Administration), Don was known to always have his prosecutors' backs. He was a leader where being a leader wasn't exactly deemed a good quality after January 1st, 2009.

And the loyalty he showed his fellow prosecutors was returned, when in late December of last year, he decided to take on a campaign for Judge that pitted him against Lykos' Office Darling, who had been prepping her campaign for two years priors. The real prosecutors of the Office rallied around Don's campaign was able to pull off an amazing upset.

Quite frankly, it restored my faith in the idea that sometimes (just sometimes) character still matters in politics. It also showed that Don had extreme courage.

They don't make leaders like Don Smyth anymore. The District Attorney's Office was lucky to have him for nearly a third of a century.

Here's to hoping we'll have him on the Bench for many years to come.

In the meantime, Happy Retirement, Don!

The Race for County Court at Law # 13 (Republican)

Unquestionably the most heated primary race this Spring is the Republican Primary in County Court at Law # 13 to replace Judge Mark Atkinson, who is not running for re-election. Before the field was even finalized, there was mass confusion as Felony Division Chief Denise Bradley (who was originally in the CCL # 13 race) switched to the 262nd race, leaving controversial Deputy Misdemeanor Chief Rachel Palmer seemingly unopposed in the primary.

That changed on December 23rd, when Division Chief Don Smyth announced his candidacy. Don's decision to run was a principled and gutsy call considering the fact that Palmer had about a year headstart on him in campaigning. Nevertheless, Don and his supporters were able to raise over 700 signatures in slightly over a week (when only 250 were required) and Don is now at the top of the ballot.

The differences between the two candidates could not be more pronounced.

Rachel has been practicing law less than 7 years. Don has been doing criminal law for over 32.

Rachel hasn't risen to the level of Felony Chief in the Office, although she claims (in an extremely misleading manner) to be the Deputy Chief of the Office. Don is a Division Chief and Former Bureau Chief.

Don has tried every type of case that the District Attorney's Office has handled, while Rachel seems to be cooling her heels as a Lykos loyalist in Misdemeanor.

Don is loved by the prosecutors working under him, while Rachel's misdemeanor prosecutors have complained about feeling pressured to support her when they have found her campaign literature placed on their desks. Don is also known for backing up his people when they need it, while Palmer is more known for her willingness to tattle to Lykos.

Rachel's knowledge of the law has been questionable as her judgment during her history with the Office. During an Aggravated Sexual Assault of a Child case, she caused a mistrial by asking the police officer whether or not the defendant had refused to take a polygraph exam -- a very basic question that even a regular viewer of Law and Order would recognize as inadmissible. Because the mistrial had been based on the prosecution's question, the Defense argued the case was barred from retrial due to prosecutorial misconduct. Fortunately, the Court ultimately ruled against prosecutorial misconduct and the case was allowed to proceed. Prosecutor Brent Mayr ultimately retried it and the Defendant went to prison. (NOTE: For more information, check out State of Texas v. Daniel Lee Sandifer.)

In addition, Rachel's attitude both in and away from the Office has been very off-putting for many. She is clearly a Lykos Insider who enjoys her position of power, but word of her exerting her influence as Deputy Dawg of Misdemeanor and a prosecutor, in general, are concerning. She is known as a bully to those people that aren't in HER inner circle.

Don, on the other hand, has never been accused of playing favorites. He is, quite literally, a Boy Scout -- having been active in the Organization since 1986 as a Scout Master and Scout Master Emeritus. He served for years and years as the Division Chief of the Civil Rights Division before becoming the Bureau Chief of the Governmental Affairs Bureau (which encompassed the Civil Rights and Public Integrity Divisions). He had to take the unpopular job of being the prosecutor that investigated police officers accused of wrong-doing. It may not have made him entirely popular with some police officers, but it takes a man of high integrity to hold the position for as long as he did.

He held the position of Bureau Chief until the Lykos Circus came to town and demoted him to Division Chief (because apparently in a Lykos world, they need more Rachel Palmers and less Don Smyths -- go figure.)

Don is unquestionably more qualified and would be the better judge, but he has an uphill battle due to Rachel's head start. She has the support of wealthy benefactor Carolyn Farb (has she ever even been to the CJC?) and Pat Lykos. Don's campaign is more of a Grassroots Movement from people who know the difference between a good candidate and a bad one. He needs all the help he can to win this campaign.

That being said, there is a Fundraiser for Don Smyth tomorrow (Wednesday, February 3rd) from 5 p.m. to 7 p.m. at the Armadillo Palace on Kirby in the Rice Village Area.

For those of us interested in good government, it's a "Can't Miss" Event.

Don Smyth is far and away the best candidate in this race.

Black Ink's Take on the CCL 13 Race

It's worth reading. Check it out here.

Petition Signing for Don Smyth

For those of you who are interested, there will be a petition signing get together for Don Smyth tomorrow (December 29th) from 4 - 6 pm at Cielo's Mexican Restaurant located at the intersection of Main and Congress.

The deadline for signature collection is January 4th so all help will be greatly appreciated.

Don Smyth runs for County Court at Law # 13

As mentioned in the comments section of my last post, there was a lot of excitement generated on Wednesday by the announcement of Division Chief Don Smyth's candidacy for Judge of County Court at Law # 13.

Don is currently the Division Chief of Division A in the Trial Bureau of the District Attorney's Office, and he has been a prosecutor with the Office for over 32 years. He has held pretty much every position that the Office has to offer, from Misdemeanor Three all the way to Bureau Chief. He was the former Division Chief of the Civil Rights Division, before becoming the Bureau Chief of the Governmental Affairs Bureau (which encompassed the Civil Rights and Public Integrity Divisions). He served as a Bureau Chief for 8 years. During his tenure as an Assistant District Attorney, he also served as the Division Chief of the Misdemeanor Division.

Don is a graduate of the University of Texas Law School, and also got his undergraduate degree from UT, as well. He has been married to his wife Lydia for 25 years, and they have 3 grown children. He has been active in the Boy Scouts since 1986, serving as a Scout Master and Scout Master Emeritus. He is also a long-time volunteer with the Emergency Aid Coalition, which he works on through his church.

Don is currently working on getting his petitions together for the race, and is trying to organize a get-together some time next week after work.

Anyone interested in helping out with Don's campaign, especially with the Petition Drive (they are due on January 4th), should contact Don's wife, Lydia, at l_smyth@att.net.

A Couple of Random Things

First and foremost, I would just like to say that words alone can never express how amazed, thankful, and humbled I was by all the condolences and well wishes that I received today from fellow prosecutors, Judges, members of the Defense Bar, and even people I had never met. I was absolutely overwhelmed by everyone's profound kindness. I kept thinking that it was like getting to attend my own funeral and hearing all the nice things people usually reserve to say about you until after you've died.

I've said over and over again that I consider our CJC group as a Family. Today, you all let me know that you felt the same way, and I will never forget that. I will be eternally grateful for the wonderful friends and colleagues that I have been fortunate enough to work with over the years.

On December 31st, I will walk out the door of the District Attorney's Office with some excellent company. Luci Davidson, Bert Graham, Craig Goodhart, Vic Wisner, Mike Trent, Joe Owmby, Rob Freyer and Don Smyth are some of the most talented prosecutors in the Nation and they've dedicated their careers to public service. (NOTE: For the record, Rob and Don were not "unrenewed" by Lykos. They both will be leaving of their own accord).

I am honored to work with them all. I'm equally honored to call them my friends.

As a side note, if you are planning on using the comments section of the post to speak badly of any of the aforementioned prosecutors, don't waste your time. Not here. Not now. I won't publish it. If you want to talk badly about me, knock yourself out.

And speaking of speaking badly of people, I'm highly confused by the angry rants of whoever is calling himself "Jeff's Dad". I've got no idea who he is or the reasoning of his very volatile rants on any blog that will post him. If you have a beef with me, I do wish you would tell me why. I will be happy to discuss with you whatever actions I committed that seem to have you so riled up. However, my guess is that your rants are probably more aimed at prosecutors in general, rather than me in particular.

Moving on . . .

Some people claim that my post yesterday was "whining" about getting the old heave-ho. If I sound like I'm whining, I don't intend to.

Are there things about leaving the Office that make me angry? You bet.

Do I have some anxiety about my financial situation for the first couple of months out on my own? I'd be foolish not to.

Am I going to miss the camaraderie and friendship of the Office? I would have to be dead on the inside not to feel that loss.

But am I crying in my beer because I really really really wanted to work for Pat Lykos?

Um, not so much.

Yes yes. I know that it now sounds as if I have shifted from "whining" to "sour grapes"? Oh well. If you don't like what I'm writing, feel free to check out another website. Or you can stick around and rant about the Blogger you love to hate. Doesn't really matter to me.

The bottom line is that leaving the District Attorney's Office is a big change in my life on every level, and I've got a lot to say about it. Hopefully I can refrain from being too repetetive about it, but I find it kind of cathartic to write about this stuff.

And finally, Joe Owmby and I were interviewed by Phil Archer from Channel 2 this morning, and I stated my unshakeable belief that these firings were politically motivated. If you have some strange desire to see my pasty bald head in action, you can click here. When it comes to being on TV, I'm certainly no Will Womble (NOTE: Inside joke.) Don't get me wrong, as far as I'm concerned, a political firing is pretty much fair game (as long as it doesn't violate the 1st Amendment).

I nearly spit out my beer when I saw that Lykos flatly denied that any of the firings were politically motivated. She added the beautiful statement that she wasn't going to say anything bad about us (thus implying that there are a lot of bad things to say, but she is rising above such pettiness).

Yeah right.

I got a certified copy of my personnel file just in case Lykos wanted to insinuate something like that. It has all my evaluations. It has all my trial statistics. What it doesn't have is any reprimands, disciplinary actions, or complaints.

There weren't any.

I tried around fifteen murder cases. Two capital murders (one death/one non-death), and many many sexual assaults of children, aggravated robberies, and other felonies. My trial record was 51 convictions, 2 acquittals, and 2 hung juries.

And keep in mind that out of all those listed prosecutors, I was the most junior.

NOTE: Before anyone starts beating me over the head for "you prosecutors only caring about convictions", let me say that I do believe that trial statistics actually are important in evaluating a prosecutor. They certainly aren't the end-all-be-all by any means, but they are indicators. If a prosecutor has a really lopsided trial record, they are either a) not properly evaluating their trial cases or b) they aren't getting the job done in trial. Both are things that prosecutors need to be able to do.

My point is that I don't think there was anything in my file or about my reputation as a prosecutor that would warrant my ultimate termination.

But I did support Kelly Siegler against Pat Lykos (and I would do it again).

Coincidentally, the folks I'm walking out the door with supported her too.

Like I said, a political firing is fair game for the most part as far as I'm concerned. All is fair in love and war, and all that good stuff. I'm not whining about that.

I just find Lykos' assertion that the terminations weren't politically motivated is about as disingenuous as . . . well, pretty much everything else Lykos has to say.