The long awaited "Move Memo" from the 6th Floor at the D.A.'s Office finally arrived over the weekend. Now, keeping in mind that the Division Chief who retired (which caused the need for the Moves in the first place) has been gone for almost two months now, it boggles my mind that Lykos and the Gang Who Couldn't Shoot Straight really needed all that time.
But, the good news for prosecutors is that the Move Memo has now finally arrived.
The bad news is that Lykos, Bridgwater and Jimmy apparently drafted it over a few too many Jack and Cokes at the TDCAA Seminar in Corpus.
Here are some of the highlights comings from this brilliantly crafted document:
1. Marc Brown was promoted to Division Chief of Grand Jury. That's good news, because Marc had been quite an excellent Division Chief prior to the Lykos Administration. They had decided to demote him to a regular Chief because of political reasons when they took over. Good to see that they came to their senses and put him back at a level he earned and deserves. The downside to that is that Marc is one of the most brilliant minds in the Office when it comes to Search and Seizure issues and drafting Search Warrants. His mind is going to turn to mush in the Grand Jury Division from lack of use.
Seriously Gang, you aren't utilizing one of your skill players in the appropriate position. You did good by making him a Division Chief again, but you need to get him in a place where he's putting his mind to work.
2. Kari Allen is being moved to Special Crimes. That's good news for the longtime veteran, and she'll do great in that job. The downside is that the Gang apparently forgot to replace her. So, the 338th is currently without a chief.
3. Katie Warren is being moved to Family Violence. Katie is a very skilled trial lawyer and she'll do great in the Family Violence Division, which is filled with tough cases and recanting complainants. The downside is that the Gang forgot to replace her, as well. So the 263rd is going to be running a bit short in their staffing without a Felony Two in that court.
4. Jen Falk is going to the 338th as a "Co-2". Jen is also a rising star in the Trial Bureau with very strong trial skills. She will be joining David Nachtigall as a Felony Two in the 338th. So, by my count, that leaves no chief in the 338th, no Two in the 263rd, but now two "Twos" in the 338th. I have nothing to add to this, other than WTF??
5. All moves are effective Immediately. Wow. Although Move Memos have always been notoriously made at the last minute, the worst I ever recall was being informed on a Friday that I was going to be in a new court the following Monday. I thought that was bad. This memo is dated on Monday, September 28, 2009, and states the moves are to take place "Immediately".
What does that mean exactly? Drop everything and proceed directly to your nearest court like a warped game of Musical Chairs? Seriously? The nimwits on the 6th Floor took two months to devise the moves, and now they wanted it in full effect instantaneously? You've got to be kidding me.
Good job, Gang! Y'all really did a bang up job this time.
Next time you may want to try putting all of your prosecutors' names on pieces of paper and then have chimpanzees stick the the names on a flow chart.
That would probably make more sense.
And it certainly wouldn't take two months.
43 comments:
How are any ADAs continuing to cope with the bizarre"leadership"?
BTW, I have not read about any significant trial activity coming out of Harris County lately? Either crime has crashed and burned or the DA's office has. The final straw will be when the 4th largest County in America hires a Special Prosecutor for a case that is just too high profile to be dismissed.
Did any of the DA elite speak at the TDCAA annual update? Perhaps wee man could speak on keeping morale high...
We all intend to smile at the next morning meeting because we are soooo happy.
Pat is doing a great job and everyone knows it as evidenced by the paltry comments to your recent drivel.
Pat inherited a big mess of incompetence and she has finally turned the corner. The dead wood is either gone or has been reassigned to positions of in-consequence.
So why don't you report on the corrupt judiciary now that the district attorney's office is finally on the mend?
Anon 4:06 p.m.,
I'm thankful that I still have you diehard Lykos Supporters to chime in and keep my comment totals up. Really. Totally makes my day.
Please continue to write in with your well-investigated and thoughtful responses.
By the way, what exactly is the reason you think these moves are an example of good leadership from Snooks and the Davidians?
Just curious.
Gey, I'm the one who keeps your comment totals up.
Senor Newman:
Perhaps a lesson in Leadership 101 is in order:
Neutralize threats by keeping your friends close and your enemies closer and placated.
Sincerly,
Lykos Supporter 4:06
Dear Lykos 4:06,
you just misquoted a very famous quote. Have you read the book? Do you know the author's name? I suspect that you do not. See it is NOT leadership 101. Also, lykos is doing and has done the exact OPPOSITE of what the quote and philosophy stand for. You just made yourself look like a jackass. You may want to know what you're talking about before you go showing Murray.
Murray, I appreciate your kind words regarding my legal acumen. I don't plan on becoming mush though. I wanted this position. For years I have thought the Grand Jury Division was under utilized. I hope to make it better for the DA's Office and the Defense Bar.
Marc Brown
To all of you who say Lykos can't and won't try a case,
I told you a while ago that she was going to try a case and just as Johnny Hilmes tried Mr. Bunton, so will our elected DA along with Mr. Lietner.
I am sure all of you who read this blog will find a reason to quarrel with thayt decision.
Anon 9:09,
Your spellcheck appears to function as well as your brain.
If the Troll and Wee Man Leitner try a cop killer I'll donate both my kidneys.
Way to stay positive Mr. Brown!!
For years I have thought the Grand Jury Division was under utilized.
Really? Siegler used it as often as possible, often on the same case.
I hope to make it better for the DA's Office and the Defense Bar.
So much for reducing the jail population.
2:39,
It's a lot easier to obliquely and anonymously condemn Kelly Siegler on a fucking blog a year and a half after her resignation than it is to confront her in a courtroom or face to face.
Cowards like you are responsible for the mediocrity at 1201 Franklin today.
Skip Coronado
Murray, integrity is more important than having people like you. As horrible as Pat Lykos is on every level that comes to mind, that in and of itself is not sufficient to elevate all non-Lykos ADAs to superstar status. Quite frankly, the real superstars are either gone or in hiding like cowering cur dogs. You way overstate everyone's legal acumen, ability and relevance.....I'll refrain from specific names because we both know WTF is up. You're better than that. Credibility man, credibility!
I don't care if you post this but at least consider the message.
Skip: No denial that she shopped cases to grand juries though? Interesting.
2:39
Anon 6:12 p.m.,
I'm overstating people's legal acumen, huh? You're entitled to your opinion, but Marc Brown was on my speed dial if I needed help drafting a search warrant or had a question on Search and Seizure. As for anyone else that I may have said something nice about over the course of this blog, I stand by the things I've written about people who I worked with. I'd put them up against the political failures and easy retirement seekers that Lykos has brought in anyday. I suppose it's easier to just anonymously give a vague disapproval from the sideline?
And Anon 7:57 p.m.,
Get a grip with the Kelly-bashing. She fought hard for her cases and the victim of violent crime. The same can't be said for the Lykos Administration which has proven over the past nine months that their door is much more open to defense attorneys that supported her than it is to the victims of violent crime. The victims used to have a voice in how cases were handled in Harris County. That voice is now down to just a whisper.
I've got no idea what you are referencing with the Grand Jury shopping, but then again, the folks that bashed Kelly were never all that big on getting their facts straight.
Uh, ok, so am I the only one who doesn't know wtf anon 6:12 is talking about? And have you ever seen the word acumen used in a sentence before this blog?
2:39,
Fuck the victims of crime and fuck real consequences for bad behavior.
The primary goal, after all, is to make a mockery of the criminal justice system in Harris County.
BTW, congratulations, you are succeeding quite nicely!
Anon 2:39,
It's a good thing Ms. Seigler is not DA. Can you imagine a DA's office with her work ethic and ability as the benchmark? It just wouldn't be fair to the crooks, now would it? I mean are ADAs supposed to live in a static vacuum afraid of their own shadows or should they strive to be cutting edge and push the envelope to advance the cause of insuring justice? So long as the prosecutor acts within the boundaries of the Constitution and applicable law and with the intent to further justice he is doing his job. The judiciary's role is to reign in oversteps on both sides of the bar. To argue that a prosecutor should settle for losing at all costs to preserve political correctness instead of justice is ridiculous.
The HCDAO made a mockery of the criminal justice system before Lykos, and it still continues today. What else is new?
And yet - there ARE those of us who are not "stars." But, we are hard workers - and if I can say so myself - fair and interested in doing the right thing.
We're still here.
We're the ones who are just trying to do their jobs.
12:33,
That would be like comparing your local gang banger to Slobodan Milosevic.
Well then 12:51, its time to walk the talk.....I won't hold my breath.
Who are you people who keep saying the HCDA's office was incompetent or corrupt. I am still waiting for evidence of these allegations. I don't need to hear about Chuck. Everyone knows those allegations but what about the other ADAs who go to work everyday and try their best to do the right thing (seek justice). Even with the current administration there are so many ADAs trying their best to seek justice each and every day. It is a shame the current leadership is lacking in skill and experience.
Anon 3:08:
It cuts both ways.
The near do wells, political agendanites and crooks revel in the weakness, perceived and real, that is the current HCDAO.
The bad seed was planted by Rosenthal's ineptitude. The media and political hacks nurtured the poisonous seedling with falsehoods and innuendos. Lykos and company is fertilizing the heck out of the poison ivy. All the while, the remaining fearful ADAs watch the poison ivy grow ever faster; no one daring to grab a can of Roundup.
Occasionally a prosecutor will challenge the impropriety, but only with covert trepidation; such as through the anonymous posts to Murray's blog.
So much dirty laundry for public viewing...pretty pathetic when you think about it.
The ADAs whine when they are called out for their timid behavior, citing they are the stalwarts of justice just doing their job. Well are we really doing our job? The principle of doing what is right, regardless of personal consequences, has been lost along with the honor and respect that was once a place of pride.
I've got no idea what you are referencing with the Grand Jury shopping,
The three times she took David Harris' case to a grand jury sound familiar? When twice before he was no-billed, and on the third time indicted after the Scott Peterson case made headlines and tainted the public's view of the case?
The same can't be said for the Lykos Administration which has proven over the past nine months that their door is much more open to defense attorneys that supported her than it is to the victims of violent crime.
You sound like a defense lawyer who can't get a case dismissed or pled favorably, who's looking to blame it on someone else.
Also, as to your allegations that the Lykos regime is favorable to defendants and not doing a good job where justice is concerned: Citation Needed.
Fuck the victims of crime and fuck real consequences for bad behavior.
The primary goal, after all, is to make a mockery of the criminal justice system in Harris County.
BTW, congratulations, you are succeeding quite nicely!
Classy. And completely non-sensical.
Who are you people who keep saying the HCDA's office was incompetent or corrupt. I am still waiting for evidence of these allegations. I don't need to hear about Chuck. Everyone knows those allegations but what about the other ADAs who go to work everyday and try their best to do the right thing (seek justice).
You mean like the three whiz-kid ADAs who ignored evidence in the Ricardo Rachal case, allowing an innocent man to go to jail for years? Yeah, that's "seeking justice" alright. You can keep that view of justice, I'd like for innocent people to be free and guilty ones to go to jail in my just world.
Those ADAs were directly responsible for the other children who were raped by the guy that went free because they closed the book on Rachel. They deserve to be shot.
Anon 6:15 p.m.,
David Harris, if I recall correctly was Clara Harris' husband who was murdered in Clear Lake. Don't think Kelly ever took him to the Grand Jury. If you'd like to try again, feel free.
As to the cases I've gotten dismissed, there have been plenty. Because of the good prosecutors that I've dealt with who knew the difference between cases that could be made and those that couldn't. If you had the slightest iota of what you were talking about, then you would know what I was talking about in that phrase. Since you don't, I suppose we're at an stalemate.
The Rachell case is a completely regretable incident for all involved. It took multiple failures on both the the prosecutorial and defense side for such a tragedy to have happened. It is a terrible thing that diminishes the good work done by other prosecutors. But it does not mean that the work done on other cases is somehow less important or righteous.
Only a foolish Davidian would apply that part to the whole.
How many child molesters or murderers were stopped by other prosecutors in other situations? There is no way to count them, is there?
Damn, that's right. The coach in Katy, whatever his name was. But you knew that, I'm guessing, and are intentionally obfuscating.
Sure, they convicted the right guys plenty. But the guy to whom I was responding asked for examples of when they did the wrong thing, implying it never happened. I gave an example, now your Plan B is "well, they did the right thing most of the time."
I recently heard a former prosecutor (who worked under Siegler) joke that anyone could convict a guilty person. The hard cases for a prosecutor to win are the ones where the guy didn't do it. It was a conversation about Siegler.
So, claim that it's just a pot shot all you want, her record is well known by people throughout the county. I know you current and former (and wishing to be current) ADAs think you're this privileged group of people who are the only ones privy to the Truth in the HCDAO, but the fact is you suffer from a serious case of groupthink, and are as guilty of being biased as the defense lawyers you people hate so much and accuse of being soft on crime or supporters of child molestors. I hope the house cleaning at the DAO continues. So do a lot of other people.
Anon. 6:15 was talking about David Mark Temple. Don't be so whiny.
All of this is completely insane. I am a criminal defense attorney and I have had cases dismissed in this administration and I have had recommendations that were only pen time recommendations based on an assessment of the facts. The ADAs that are on staff are interested in doing the right thing in my opinion. Are there some bad apples? Yes. However, there are bad apples in the defense bar as well. We are all lawyers. We all want our communities to be safe. We all want decent recommendations that move cases and allow for rehabilitation where appropriate. Can't we stop fighting with each other? Can't we give the new DA a chance? I am not fond of all of her choices - none of us will be. I was not fond of the previous administration's either. None of us will completely agree with Murray or any other person. We have the right to disagree; lawyers should know that better than anyone. Now, on with the pursuit of justice....
Anon 10:20 p.m.
No, I wasn't attempting to obfuscate. I was just trying to point out that you didn't know what the hell you were talking about.
The joke about any prosecutor can convict a guilty person but a real prosecutor can convict an innocent person was a smart ass response to defense attorneys who would claim that their client had been wrongfully convicted. I never heard it referred to with Kelly (except maybe by DeGeurin), but I do remember it being thrown around near the time they executed Gary Graham.
Kelly Siegler only took David Temple into Grand Jury once. It had been taken in years before by a different prosecutor before Kelly was asked to re-review it. If you disagree with the guilty verdict and ultimate life sentence that David Temple received, then there probably isn't much point in arguing is there? We're just going to agree to disagree.
For those of us who were familiar with the Temple trial (and actually watched portions of it) tend to believe that it was a genuinely positive thing that a person who could shoot his 8 month pregnant wife in the back of the head wth a shotgun would get a life sentence.
You and the rest of the Lykosites can keep on bashing Kelly all you want if it makes you feel better about the piss poor job that Lykos is doing, but I've yet to see one of you chatterboxes point out one person that Kelly wrongfully convicted.
I'd submit that was probably because she knew what she was doing. All you have are silly and petty insinuations with nothing tangible to back them up.
No wonder you are such a fan of Lykos.
"For those of us who were familiar with the Temple trial (and actually watched portions of it) tend to believe that it was a genuinely positive thing that a person who could shoot his 8 month pregnant wife in the back of the head wth a shotgun would get a life sentence."
Yeah, and John Jackson isn't losing any sleep over conviction Willingham, yet we know the science was flawed. Hell, he even admitted it. It's easy to say he's guilty after a conviction, when we know that convictions are not perfect.
"You and the rest of the Lykosites"
Easy killer, that's more of your groupthink talking. I'm no Lykos fan, but believe she's a better alternative to Rosenthal and Siegler, and that some house cleaning still needs to be done over there.
As a defense lawyer you shoudl probably lose the "us vs. them" attitude that was ingrained into you as a prosecutor.
Whoever it is who thinks Kelly Siegler knowingly prosecuted an innocent defendant and/or did something illegal in the pursuit thereof please publish the specifics and sign off on it so we can tee it up.
SLS
"I'm no Lykos fan, but believe she's a better alternative to Rosenthal and Siegler, and that some house cleaning still needs to be done over there. "
Why? What cleaning?
"Why? What cleaning?"
The anonymous ADAs that post here and show nothing but contempt for anything or anyone who stands in the way of closing a file, including the Constitution.
If any of the three that played a hand in the Rachel case are still there, and I know at least one of them is, that'd be a good place to start. They're only going to cost the county and state loads of money when the people they wrongfully convict sue for compensation. And they were just negligent. That we know of they didn't intentionally hide exculpatory evidence, which should be a crime.
Anon 8:10 p.m.,
I'm fine with allowing anonymous commenters here, whether they be ADAs or otherwise, but you gotta admit it's pretty silly to be calling out an ADA for being Anonymous when you are Anonymous yourself, don't you think?
You say that one of the three ADAs involved in the Rachel case are still with the Office. Who? I was only aware of the involvement of Joann Musick and Jimmy Ortiz -- both of whom are now in private practice. The other two ADAs involved were Mark Donnelly and Sally Ring, who were involved in the exoneration. Sally has been gone for at least a year now. Mark is still there, and he was trying to assist the situation.
So who exactly are you bitching about?
I wasn't calling them out for their anonymity, but for their vitriol and lack of respect for the constitution. I was responding to a question about which ADAs needed to go, and I answered it. It wasn't a comment on anonymity at all. But I guess you can't really comment on the substance of that issue, so go ahead and try to change the subject.
I also find it amusing that the most childish responses come from the anonymous ADA's. I'm no fan of prosecutors, sure, but I'm not going to call them every four letter word in the book. If I was going to comment on their anonymity, it would be to say that they're cowards for their responses and cowards for fearing for their jobs. Jeremy isn't afraid and hasn't changed how he posts, but others closed up blogs and tucked in their tails. This place is the last bastion of their childish internet rants. I'd prefer you go to a system like Mark, permitting anonymity if they talk to you about why they should remain anonymous. Maybe that would clean them up a bit. This would be a downright nice place, if not for them.
Well, there were three ADAs listed in the initial reports as having passed the case around without investigating it, and you only named two who left, so I'm betting there's a third out there. In any event, their negligence was bad, but not half as bad as the deliberate actions of others who intentionally keep evidence out of the hands of defense lawyers. So I guess there's something to be said for being negligent, as opposed to outright vicious.
And yes, before you turn this into a "but they do it too pissing match," there are plenty of ineffective defense attorneys. The difference is that I won't excuse all defense lawyers just because some do a good job. You and our buddies here deny mistakes at all, or try to avoid any serious discussion of wrongful convictions by claiming that they put away a lot of actually guilty bad guys, but there's no way to count those. Still holding on to the former job, I guess...
So, just so I'm clear, you are just assuming that there must be another prosecutor out there involved in the Rachell case? No actual basis for it, you're just assuming it, so therefore you are blasting the ADA who may or may not exist.
And you're doing it anonymously. That's awesome.
I love silly comments like "still holding on to the former job" whenever I disagree with stupid comments. I'm proud of the job I did as an Assistant District Attorney. I think I did pretty damn good at it, too. More importantly, I know that I worked with good and honorable people that you seek to insult from your dark corner.
I'm very happy in pretty much every aspect of my life now, and I wouldn't go back to being a prosecutor now even if Lykos and Crew were gone. So, I strongly disagree with your announcement (and weak argument) that I'm holding onto my old job.
Morons who like to hurl out accusations without having any basis of knowledge or anything more than just suppositions are nothing more than, well, morons.
Well, if the case wasa passed around to three ADAs, and you say two have left, does that not mean that one is still there? I'm sure you were told there would be no math, but that's easy enough for anyone.
Yep. And without loads of cussing and name calling. But you're missing that part.
Strongly rebutting my arguments? I have yet to see you do anything but apologize for prosecutors, month in and month out. Except for anyone who stays and has any connection to Lykos. They're terrible. But anyone who leaves? They're an invaluable resource and Harris County will never be the same without them in your book.
And honestly, it won't be the same. But that's a good thing. You're too entrenched to see it.
10:20,
So any alleged impropriety of a prosecutor who happened to work under Kelly Siegler shall be imputed to her regardless of whether or not she had actual knowledge of the activity? Now if what you are really saying is that Kelly Siegler condoned such activity be specific and identify yourself.
Do you really believe there is such a shortage of crime in Harris County that prosecutors are expected and encouraged to convict innocent people?
Do you really believe that anyone can convict a truly guilty person regardless of the evidence and circumstances? If so, are you really saying that only the innocent defendants need bother with a trial and that prosecutors will try these cases regardless as to whether or not they believe in the guilt of the defendant?
Every case is not a whale. There are prosecutors, past and present, that are hard working dedicated folks doing the right thing because it is the right thing to do; rather than manipulating the system for personal financial gain or notoriety. If in so doing a prosecutor out lawyers the likes of you that does not mean an innocent person was convicted. Slick defense attorneys don't fool every judge or jury.
No system is foolproof and there are good and bad on both sides. But be careful before you smear the reputation of an individual based on someone else's activity or having been personally out gunned by that individual. Get the facts straight when you publish information that tarnishes a reputation; because truth, not innuendo, is an absolute defense.
2:39,
Why don't you chat with TED Wilson and check out what really happened at Grand Jury, rather than publish libelous accusations.
Perhaps if you identify yourself(ves) Kelly can schedule depositions. Now that would be something to watch.
So any alleged impropriety of a prosecutor...
Where did I say that?
Now if what you are really saying is that Kelly Siegler condoned such activity...
Where did I say that?
Do you really believe there is such a shortage of crime in Harris County...
Where did I say that?
Do you really believe that anyone can convict a truly guilty person...
That joke was told to me from someone who learned from Kelly at baby prosecutor school. Where did I ever say that they were actually encouraged to convict innocent people?
If so, are you really saying that only the innocent defendants need bother...
Being based on a faulty premise (that you claim I said something that I never said), no, I'm not saying that.
Every case is not a whale.
Where did I say they were?
There are prosecutors, past and present, that are hard working dedicated folks doing the right thing because it is the right thing to do;
Now this I have said, many times. But you're using the old "some of us are good guys, therefore that excuses the bad ones" argument. It doesn't wash.
If in so doing a prosecutor out lawyers the likes of you that does not mean an innocent person was convicted.
Well, tell Ricardo Rachell that. Again, you're completely ignoring the fact that many people have been wrongfully convicted, some at the hands of prosecutors who failed to disclose Brady material. How many in Harris County? We'll never know. Mostly because your boy Rosenthal destroyed the evidence that would exonerate them in order to hide it. I know, I know, you're not a Rosenthal fan. Of course not... now.
Slick defense attorneys don't fool every judge or jury.
So if a prosecutor wins, it's because the defense attorney got outlawyered, or is it because he was a slick defense attorney that managed not to fool a jury? Are you saying that every defendant is always guilty of the crime with which they're charged? Now who wants to skip the jury process?
No system is foolproof and there are good and bad on both sides.
My side doesn't execute or imprison people who were actually innocent. It's not surprising you don't see the difference.
But be careful before you smear the reputation of an individual based on someone else's activity or having been personally out gunned by that individual.
Smear? Was that coach in Katy not put in front of three grand juries? Is that a smear?
Get the facts straight when you publish information that tarnishes a reputation; because truth, not innuendo, is an absolute defense.
All I said was that he was put in front of three grand juries and that the third coincided with the Scott Peterson case, which finally got the indictment. I find it amusing that people like you set the bar so high for criminal defendants to prove themselves innocent, but the slightest bit of butthurt feelings justifies a lawsuit for you. Don't be such a cry baby.
Why don't you chat with TED Wilson and check out what really happened at Grand Jury, rather than publish libelous accusations.
Again with the libel. Why don't you publish the truth and show me how wrong I am. I'm waiting.
Perhaps if you identify yourself(ves) Kelly can schedule depositions. Now that would be something to watch.
Again with the butthurt. Big tough ADA, so fragile when he thinks someone said something mean. What a baby.
I tell you what. If you and the rest of the pansy ADA's post your name, I'll post mine. I'll defend my statements no problem. Can they defend their name calling and vitriol? Their distaste for the Constitution?
Admittedly this is a sucker's bet. They'll never go public.
10:12,
"I recently heard a former prosecutor (who worked under Siegler) joke that anyone could convict a guilty person. The hard cases for a prosecutor to win are the ones where the guy didn't do it. It was a conversation about Siegler."
The above quote attributed to an ADA, if true, is inappropriate on its face. Further, the statement improperly implies that Kelly Siegler adheres to the principle of knowingly prosecuting innocent defendants.
"For years I have thought the Grand Jury Division was under utilized.
Really? Siegler used it as often as possible, often on the same case."
So are you or are you not publishing for all the world to see that: Kelly Siegler knowingly and intentionally prosecuted someone she believed to be innocent and illegally manipulated the Grand Jury system in furtherance thereof. Because if you put your name to that defamation I will immediately sign my name on this post as well as all pleadings in her behalf and correspondence to the Texas State Bar.
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