I know Stephen very well because he was my former Chief when I was in the 174th. If you read this blog, you know that I think extremely highly of him. He was highly respected when he was at the District Attorney's Office before leaving in May of 2009. He worked on high profile cases and was a Special Crimes prosecutor. He has the highest integrity and I think the General Public can rely on both him and Jim Mount to uncover any illegal acts done by the District Attorney's Office without going on a witch hunt to drum up something if there isn't anything actually there.
I don't know Jim Mount nearly as well. He was long gone from the District Attorney's Office when I started there in 1999. I know that he was well-liked and respected as a prosecutor. I dealt with him some when I was a new prosecutor and he was a defense attorney, and he was always very kind to me. I'm sure that he will do a great job as well.
The developments surrounding this investigation are still difficult to comprehend. Regardless of what the Public thought of Chuck Rosenthal for his inexcusable e-mails, we never saw a headline that read quite like today's:
The accusations against Lykos are extremely serious because they involve the widespread prosecution of members of our community for DWI with faulty evidence that the prosecutors knew was faulty. Furthermore, they retaliated against the person who tried to bring it to light, and then tried to bully their way into the Grand Jury to make sure the investigation was going their way.
Folks, this stuff is serious.
As the Grand Jury investigation begins today with its new Special Prosecutors, Life is going on at the Harris County Criminal Justice Center. Despite the fact that the elected District Attorney herself said she has no faith in HPD (before hopping on a plane to Hawaii where she'll learn how to prosecute drug cases in the event she ever decides to try a case), a DWI case with B.A.T. van involvement is going to trial in Court Four.
And yes, the filing deadline for District Attorney is rapidly approaching.
Things haven't been quite this crazy around the CJC since, oh, December of 2007.
82 comments:
OK Pat. For once in your life take some responsibility.
Siegler and crew are at it again. Her and St.Martin are good friends. She needs to get over it and fade out!
When Lykos treated me and so many people I care about like dog excrement, it really shocked me and no one but Murray seemed to care. I'm starting to believe in karma again.
She will try to throw someone under the bus. But no one will believe her this time. I couldn't even write a scenario this good to undo this woman. Wake up, Republican party!
Well, Well, Well. Karma really does exist in this dimension. Thanks for the Chron. front page picture.
So much for Pat's comment that the DAO isn't under investigation. Nice slight of hand or should I say body, Oh Great Leader. When it gets hot in the kitchen, run for the service exit (ALOHA): leaving your fellow conspirators to imminent justice.
Sitting in this office, it reminds me when Mr. Rosenthal was having his bad days. Instead of sex and vodka, we have the smoke of official oppression, retaliation, witness tampering, looting of the asset forfeiture funds. How sexy. Never thought it could be worse.
Live it up Leadership Team. Your days are numbered now. Remember how you came to that title (expect MM): bad mouthing, laziness, a*& kissing, back biting. When you walk and leave the rest of us to clean up your mess, please ask yourself: Did I leave the institution in a better position than when I arrived?
If your answer is "yes', you really don't get it.
Murray - How did you do on the scantron test that is underneath the newspaper in your photo?
Development: Special Crimes just had a meeting where Joni Vollman instructed everyone that they must tell Jim Leitner if they receive a grand jury subpoena. When several people pushed back, pointing out that most GJ subpoenas have a non-disclosure clause, she back-pedaled a little and said, well, you can tell Scott Durfee or your own atty, but be sure to tell Leitner know immediately. And yes, this is from the head of Special Crimes. If an indictment doesn't get us all, incompetence will take the rest.
Anon 9:17 a.m.,
Grow up. Kelly Siegler has got nothing to do with this. Lykos and Crew imploded on their own with a little help from HPD. And y'all accuse ME of sour grapes.
Anon 10:06 a.m.,
That's not a scan tron test. Those are my lottery numbers -- or, as I like to refer to them, my retirement plan.
Anon 9:17,
Obama is that you?
George W. Bush caused BP's Deep Water Horizen rig to blow up in the gulf and now Kelly Siegler caused the Pat Lykos Cartel to blow up in the CJC? Seriously?
Put your crack pipe down, smell the coffee and grow the fuck up cuz you're the one fading out, Missy.
Kelly and Stephen are not only good friends they are both good prosecutors and JUSTICE will be served.....Kelly and her "crew" will NEVER "get over" putting justice over politics.
KELLY SIEGLER as the new DA is going to be very hard for you to get over. Oh well.
Even if the Special Prosecutors discovered that a crime was not committed, this exercise is going to bring to light the incredible conniving, poor management, retaliation mentality and dishonesty that are hallmarks of the Lykos Administration. Finally, the public will understand what has really been happening instead of the false front Lykos presents. She is a true political animal without legal, management, or people skills.
These guys definitely turn a blind eye to evidence that is potentially exculpatory. After the ADA had requested video on a DWI case and only got jail video, then requested it again and was told there was no video, I was was told that I needed to decide on DIVERT or lose it. I said, "OK set up the interview for DIVERT,but I am issuing a subpoena for the scene videos." He said, "no I'm not gonna do that." I said, "that the offer was illusory because it was dependent upon his evaluation, so I should be able to continue seeking evidence until DIVERT is approved." He referred me to the chief who said OK. The subpoena turned up two scene videos that are in my opinion suspect of audio tampering and shows no dangerous driving or violations. It tells me that I cannot rely on requests from the DA's office for evidence. A subpoena must be issued in every case where the customary evidence is not turned in by the first court appearance. Looks like the the DA's and police have a wink and nod agreement on Brady evidence...we'll ask, but don't send it without a subpoena. It might blow the case!
Kelly is too polarizing at the point and, while a GREAT trial lawyer and prosecutor, she's not a good campaigner.
Mike Anderson, on the other hand, was a great prosecutor and jurist and handles the political part of the process deftly, drawing support from a wide spectrum of voters.
His phone needs to be blowing up.
The Republican party needs to beg...
Anon 9:17,
Patsy is damn lucky Kelly Siegler is conflicted out from serving as a special prosecutor with Stephen St. Martin.
Instead of Lykos accepting responsibility for her actions you would have this blog's readership instead shift responsibility for these transgressions to Siegler simply because you don't like her?
You sound like one of the folks who blamed Siegler for Rosenthal's bad behavior.
Maybe you think Siegler is too mean to criminals.......a prosecutor who is aggressive and prepared in trial just isn't fair for you.
Maybe you don't like the fact that Siegler put so many guilty Capital Murderers on death row and freed a wrongfully convicted death row inmate........for Siegler, justice at all costs is not the same as convictions at all costs; your bastardizing "Win at all Costs" slur notwithstanding.
Maybe you don't like it that Siegler kicks ass instead of kissing ass........and that is the antithesis of who you are.
Anon 9:17,
Patsy is damn lucky Kelly Siegler is conflicted out from serving as a special prosecutor with Stephen St. Martin.
Instead of Lykos accepting responsibility for her actions you would have this blog's readership instead shift responsibility for these transgressions to Siegler simply because you don't like her?
You sound like one of the folks who blamed Siegler for Rosenthal's bad behavior.
Maybe you think Siegler is too mean to criminals.......a Rock Star prosecutor who is cutting edge, aggressive and prepared in trial just isn't fair for you.
Maybe you don't like the fact that Siegler put so many guilty Capital Murderers on death row and freed a wrongfully convicted death row inmate........for Siegler, justice at all costs is not the same as convictions at all costs; your bastardizing "Win at all Costs" slur notwithstanding.
Maybe you don't like it that Siegler kicks ass instead of kissing ass........and that is the antithesis of who you are.
No one will be charged, this will be swept under the rug.
Lykos isn't going anywhere.
Anon 10:15 AM
"When several people pushed back, pointing out that most GJ subpoenas have a non-disclosure clause"
It must have a non-disclosure clause and must be signed by the person recieving the sub in order to be valid. Even then, all Jimmy has to do is set a person on the 3rd floor and ask an ADA who walks through the door why they are there, or watch them walk in to the GJ room.....
I hope they uncover the long list of Brady violations perpetrated under the Lykos regime. All the way back to Brent Mayr withholding evidence from Todd Overstreet in the Sergio Gonzalez intoxication manslaughter case. According to abc13, the DA's office addmitted Brent withheld the evidence that proved the susepct was innocent.
Murray,
Does no one care that DPS examined every intoxilyzer in every van and found them to work correctly? The specific instrument that there had been problems with was taken out of service.
And why not just abandon the breath test and keep trying the case?
"The accusations against Lykos are extremely serious because they involve the widespread prosecution of members of our community for DWI with faulty evidence that the prosecutors knew was faulty. Furthermore, they retaliated against the person who tried to bring it to light, and then tried to bully their way into the Grand Jury to make sure the investigation was going their way."
I thought it would take longer, but Murray, you are now one of those "I hate all DAs" defense attorneys.
Sad.
Murray,several times I have seen fellow prosecutors telling officer witnesses what to say to firmly establish reason to stop vehicle even when this information is not in the offense report.It is a wink-wink-nod -nod conversation they have.Am I under an obligation to report this?It seems unethical to me. Thanks,Loyal Follower
Anon 12:47
"DPS examined every intoxilizer in every van and found they all worked correctly" (under laboratory conditions). Amanda & others NEVER stated that the MACHINEs were the problem. They NEVER believed all BAT vans shod be trashed. Amanda & company advocated for proper maintenance, vigorous user training and effective oversight to ensure the machines provided accurate results EVERY time. They fought for an all encompassing program to make the BAT vans successful.
The question is NOT whether the intoxilizers work when properly maintained and used correctly in fall of 2011. The concern is whether they were delivering accurate results over a prolonged time period when there was noted poor maintenance, deficient oversight and NO accountability for the testing program. I hate to say that RB. JJ. RP and PL do not have the experience or knowledge to recognize their "scientific" report is a useless & is not relevant to the GJ issues. They can wave it but it won't help them.
What's your opinion regarding the public opinion of all state cases now, not just the B.A.T. van and DUI cases?
Anon at 12:47,
The issues of the bat van reliability cannot be settled by a simple showing that they gave accurate readings when tested. There are issues about whether solution temperatures compromise testing and electrical issues causing interference when the air condition compressor clicks on and off. If the supervisor testified that these issues affect the reliability of bat van readings, why would she lie? And why would we not have more details regarding the tests done to explain or resolve these concerns. You can't just say we tested them and they gave us good readings. How about, we tested them at different ambient temperatures, and while the compressor was turning on and off and could not induce a bad reading due to those conditions. That would make me feel much better about relying on these units, but that's not what I'm hearing. Regarding why they don't proceed without the breath test...Most HPD cars don't have video (so officers can continue violating 4th amendment and other important rights with impunity)so they have little evidence to go forward with. HPD might be given credibility by tough on crime judges, but juries are not so sure about HPD when they hear that an officer nearing retirement was on the way to work with a .17 BAC, had a wreck, blamed it on an innocent school bus driver and prevented her from documenting evidence (alcohol containers in his car.)His boys covered (literally with a blanket)for him and if he thought he could go to work with that level of intoxication, HPD had to be turning a blind eye to his intoxication on duty. So corrupt!
How about looking into an open meetings act violation when DPS went and took all intox machines and records from Lone Star before the contract had been given to DPS?
Anon 12:49 said: I thought it would take longer, but Murray, you are now one of those "I hate all DAs" defense attorneys.
Dear 12:49:
Your misguided perception could not be further from the truth. For those who are on the outside, we know all that Murray is doing on behalf of the "good guys/gals" still in the office. Murray may be anti-Lykos (who can blame him), but he ain't anti-office.
Ted Oberg, why don't you get Channel 13 to pay for you to fly to Hawaii and interview Lykos? I'd bet you a million bucks you'll find old Patty bellied up to the bar. God, can you imagine how drunk that woman's probably getting every time she gets an update from her cronies who are here on the mainland? Go, Ted! Be the awesome reporter that you are. We need this evil old woman exposed for what she is... a big ass incompetent bully. Or if you can't get to Hawaii, please be at the terminal when her plan lands and catch her without her personal TV interview setup already prepared with its special lighting, et cetera. I wonder how many extra days the taxpayers are going to have to pay for her hotel room while she's putting off the inevitable.....
Ted Oberg, why don't you get Channel 13 to pay for you to fly to Hawaii and interview Lykos? I'd bet you a million bucks you'll find old Patty bellied up to the bar. God, can you imagine how drunk that woman's probably getting every time she gets an update from her cronies who are here on the mainland? Go, Ted! Be the awesome reporter that you are. We need this evil old woman exposed for what she is... a big ass incompetent bully. Or if you can't get to Hawaii, please be at the terminal when her plan lands and catch her without her personal TV interview setup already prepared with its special lighting, et cetera. I wonder how many extra days the taxpayers are going to have to pay for her hotel room while she's putting off the inevitable.....
Anon 1:36,
If you can tell that your fellow prosecutor is suborning perjury, yes you have a duty to inform the court.And welcome to the other side of the bar. What you describe, however could just be that the officer did not include a statement showing reasonable suspicion and they are inquiring regarding this. On the other hand telling him what to say rather than asking him what happened would be improper coaching of the witness. I've seen this happen after an arrest;the officer states insufficient RS or PC in his report and applies for a warrant and is coached by an ADA to change the narrative in the affidavit for a blood warrant. I've been successful in getting dismissals when the affidavit contradicts the OR or other statements made by the officer, but I never hear of the DA or the officer being reprimanded. So it is a situation that reoccurs and yes it is unethical anytime an attorney knowingly makes or submits a false material representation to the court or anyone else for that matter. Good luck with confronting your fellow prosecutors with that.
For what it matters, I think 6th floor will end up being right on the BAT vans, but the way they handled it. Well, wow. I don't think we'll know what actually happened until someone gets indicted.
Anyone in the room with any of those Dane hearings knew something was up. That little shriek and dance was so odd it made us all scratch our heads. But I don't think even Dane thought it would get this far.
Lykos has been subpoenaed to testify (if they can get her to come back from Hawaii)in a currently on-going DWI trial where BAT van evidence has been introduced by the Prosecution. Lykos stated in a Channel 13 interview this week that she wanted DPS to monitor the reliability of the BAT vans because HPD wasn't doing it. Now she will have to explain the conflict in court. What a perfect example of how two-faced and pompous she is. She will undoubtedly make a great witness. For the defense!
No one will be charged, this will be swept under the rug.
Lykos isn't going anywhere.
That's my bet too.
Any takers?
Rage
I can't wait to see Patsy testify. Alas, to serve her she has to show up to work.
Anon 12:30,
Mike Anderson was a good prosecutor many years ago and an even better judge since. We need a great prosecutor not another judge at the DA's office.
As for Kelly being polarizing and a poor campaigner she did get 47% of the vote in a primary with 3 candidates and the Harris County Republican Party against her. The Anderson family knows too well about being stabbed in the back by the HCRP.
I'm betting Kelly learned quite a bit about campaigning in 2008 and is no novice today. If you recall Kelly lost her 1st 10 or 12 trials as a prosecutor and learned from that experience as well.
Kelly fighting for wrongfully convicted Anthony Graves to be released from death row might temper some of the polarity you're whinning about.
Regardless, outside of the little CJC world who knows the name Mike Anderson?
Rage,
From the looks of Patsy on the Oberg video clip, it's doubtful her health will hold up for another term making your wager as moot as you.
Anon 3:55
First, I don't whine.
Second, as DA, Anderson would no longer be a judge, he would proudly, and singularly, be the DA (unlike some people we know and hate). He is untainted by any Rosenthal crap, has an outstanding record as a prosecutor and judge, and has won elections with over 90% of the vote. I'm confident people know him outside of the CJC.
The next DA needs to be baggage free, there to right the apple cart. Mike can do that with the complete respect and support of law enforcement, his colleagues in the office and the courthouse, and the public.
Fine, 4:00 is too chickenshit to play.
Case of beer on 'Much Ado' About Nothing." And not that Natty Light stuff y'all are used to drinking. I'll throw in some good stuff.
Rage
Anon 4:23,
Even when the Rosenthal shit was fresh and sticky Kelly was strong except with the old blue hairs at run-off time. Now the old Rosenthal shit is all dried up and we have fresh sticky Lykos shit.
To discard Kelly because she happened to work at the office at the same time as Rosenthal is nonsensical. What exactly has Kelly done to deserve that critisism? Is General Petraeus unqualified to serve simply because his last commander and chief is a fool? I think not and your position won't hold in 2012. BTW, how do you think Mike Anderson would have faired had he run for a Criminal District Court bench in 2008? Wonder if Brock Thomas would agree with your analysis?
3:55
Anon 4:23 do you really think law enforcement will endorse Mike Anderson over Kelly Siegler? I hate to break this to you but it was your mom not the tooth fairy who left money under your pillow for those little teeth.
What exactly has Kelly done to deserve that critisism?
Well, she sat there with her mouth shut until it broke in the news, for one. That's like Hartmann or Black Ink, who would have been happy under Holmes and Rosenthal to keep on with business as usual, as long as they got their convictions by any means. They could have cared less if the top dog was doing something wrong, as long as the top dog left them alone. Then, when it all went public, everyone jumped on the "disavow Rosenthal" bandwagon when it was politically expedient to do so.
In other words, she was part of the problem too.
Rage
Anon 5:18
Ideally only one or the other would run. They both would be fine, Anderson would be less controversial and therefore more productive as he's got nothing to prove or associations to live down. Law enforcement would back him whole heartedly.
Rage, just when the world turns on its axis and I agree with you (ie nothing will come of this and it will all get swept under the rug), you remind me how stupid you are by revising history about Kelly. What is it exactly that she could have or should have done about chuck boning his secretary, popping pills, and sending stupid emails?
Gee, she tried to distance herself from him? What a bold political move!
Dufus.
Love,
Seaton
I was wondering what credentials Pat Lykos will present to the drug conference in Hawaii?
I was wondering if Pat Lykos was driven to the airport by her hand picked investigator? I still can't log on to Jims!
We're following your blog up here in Minnesota, Murray. You're doing a great job keeping both the public and the judiciary informed.
We've got similar issues with Intoxilyzer 5000s, shoddy work by government scientists with questionable ethics, but don't seem to have the courageous insiders you have in Houston.
Keep it up and we'll keep following!
Anon 11:42am:
I'm sure you come off as completely sane when accusing prosecutors and police of tampering with the audio on a Class B misdemeanor DWI video. You sound like one of those nutty conspiracy theorists. Better watch out for those black helicopters.
Anderson has baggage and will not run.Roger will resign as part of package deal.Remember Don Rymer.More prosecutors leaving rather than having to explain overtime.Aloha
Does anyone think that the Grand Jury will subpoena anyone at Commissioners Court?
They are the ones that dropped the hammer on the Lone Star contract at the request of the DA and Sheriff.
Hey Murray, please post the highlights of Pat's testimony to Clinton's court on Friday. The Chronicle reports that she may not have to testify being she is out of town. So, what happens to her if she doesn't respond to the subpoena to testify? What would happen to the average citizen if they didn't show? Kinda bad timing to go on camera and state you have no faith in the vans at the same time your office is using said vans to go after someone don't ya think? By the way, does anyone know if the line made up of those scorned by PL to watch her get the stand and testify has started to form yet? I'm sure there isn't enough room in there for all of them.
Rage Logic 101:
The entire White House staff must openly protest the POTUS lest they all be tainted with the curse of Rage.
All ADAs at the HCDAO must immediately openly condemn DA Lykos for her ineptitude and corrution lest they be tainted by the curse of Rage.
All VMI rats must immediately ignore the chain of command if they believe their CO is acting in an inapproprite manner lest the curse of Rage befall them.
Rage if a senior partner at your big bad civil firm over bills a client I'll hold my breath while you dress him down in a public forum.
Talk about 1 dimentional black and white concrete thoughtlessness!
Geeze Rage you become a bigger dumb ass the more you peck at the keyboard.
I bet you could kick Kelly Siegler's ass in trial too.
Your Daddy must be ashamed, boy.
I just read on the Channel 13 site that Lykos is presenting a paper at the drug conference in Hawaii. If that is true, then why is she asking for money from Harris County taxpayers for the trip. (request for money on the commissioners court's agenda last week) When I was with the office, the agency putting on the conference paid for transportation and lodging for presenters. Has something changed? Why was Lykos asking for money?
Man O Man! There sure are a bunch of haters here and Murray your one of them. I dont think I've found one bit of truth in 98percent of this blog. Lykos won and there is those who still are angry about it. Siegler was not well liked in the office unless you kissed her @$$ and then she would throw you a crumb. Siegler is a good Lawyer, but she isnt a good Manager, Supervisor, Leader, Politician and or a good person to be around. The truth will come out and you and the rest of those small percentage of haters will be sucking hind T!!t and I will be here to let it be known you were wrong and a hater.
Wow, Deep-Throat was right on point in the early morning hours comment section of your earlier Chronicle Post: Tuesday AM @ Dark Thirty.
Deep Throat says:
October 26, 2011 at 1:06 am
"...Special Prosecutor and an investigator indeed just to assist the G.J. with proper questioning etc. If one is NOT appointed then this G.J. is just making noise and their bark is bigger than their bite! I mean after all they still are a JURY – albeit one that investigates, but even Leon Jaworski had Special Investigators to assist him in his pursuit of the truth and in seeking justice! Mr. Foreman – send a formal letter to your Judge and simply state, in so many words, that to avoid the appearance of any “possible” conflict due to where your investigation has taken you, up to this point, you are asking that due to the unique nature of the matter brought to you all by the Harris County D.S. Office it would be in the best interest of Justice – without going into obviously secret proceedings – that a Special Prosecutor be appointed by her honor. Leave any recusal formalities up to the Court. Otherwise this hunt is a candle blowing in the wind".
Ironically, almost 48 yours later the G.J. Does just that - ask for a Special Prosecutor.
A year from now P.L. WILL still be D.A. and she is too far removed for any indictment. Objectively, this whole situation has nothing to do PERSONALLY with either , Kelly, Chuck or Pat.
The point of the Special Prosecutor is to show the G.J. is being thoughtful, conscientious, and thorough. It may read on the above the fold front page that the D.A.'s Office is being investigated. You gotta remember though - all the people this Blog tends to criticize WON'T be the ones puckering up. Bottom line might be somewhat of a reverse conflict: St. Martin is to many of those A.D.A.potential "targets" a former colleague of some of these line prosecutors/defense attorneys.
No question on qualification for either of the two: Mount or St. Martin. Might have been better to have picked someone from the A.G. Office (they have/had that special section and would be completely isolated from the fray) or even a former prosecutor who left long before any of the present crop came on - including St. Martin.
End result prediction: No one gets indicted and some may - to be cautionary - take the 5th. By the Office trying to go after the Chemist AND the contract being cancelled - NOW I DO believe others will pay sweat equity for other "D.A. Managers' ego's.
One more thing: It is a very, very dangerous thing for former prosecutors to leave a specialized section (Jeff Ross you are safe) then end up being retained and sitting at counsel table on many blood draw cases and then using your "inside information" that upon further close examination results in many cases getting dismissed all due to your specialized knowledge on the weak links in the vampire/no refusal set up - yet later claim ignorance. Boomerangs sometimes DO come back around!
Still a good move by the G.J. because now THEY can take their proper role to be more of a JURY and less of a hands on INVESTIGATIVE body.
May Justice be Served - regardless of the result!
What a great morning to be working at the DAO. Come to work and get nothing done except watch the Rats (aka: Leadership Team) scurry around tell people to allegedly commit crimes (Ms. Vollman) by divulging GJ subpoenas, meeting behind closed doors to get their story straight, or point fingers at their fellow TEAM members.
If it wasn't for this cold, I sure would like to smell the winds of change in the air while walking the halls.
Hey Joe! Can you please pick up my records when you get back from Hawaii? Please don't loose them. This is the third time I've ordered them. How 'bout giving me some of that 240 hours of comp time you got by driving Pat around on the weekends.
Good Morning Anony. 10:53pm,
Interesting that you call the rest of us haters when your whole paragraph was HATE.
Do you have something to hide or your own ax to grind? Maybe you or one of your friends didn't get promoted or a raise because of less than stellar work product under the "perform and you will be rewarded" of every other DA prior to this JOKE of a DA?
Whatever your problem with the rest of us, please look inward before you start pointing that "going my way" thumb at other.
Anon 10:53 pm: You are WRONG! Unfortunately, you live in a dream world with the 2% that don't get it - because they are Lykos benefactors. Siegler was a great Manager, Supervisor and Leader and was able to distinguish good attorneys and develop young attorneys with potential into high performing ADAs. Because she was a GREAT manager, the subpar attorneys who didn't progress up the learning curve and made STUPID mistakes (that jeopardized cases) were held accountable. Ironically it was Brent Mayr that saved (at least one) of those jeopardized cases!!! Unfortunately, a few of those subpar performers have been promoted by Lykos. As a result of their promotions and their "new role model" they continuously compromise their personal values, ethics and morals. This will be their downfall!!!
It is time look elsewhere for a new "role model" and rediscover the values that their parents instilled in them. In fact, it could be EXTREMELY beneficial to resurface their sense of ethics and talk to the GJ before Lykos throws them under the bus to save her own career. No matter the outcome of the investigation, Lykos has to sacrifice a minion or two if she has any hope of saving herself. Obviously, she will target someone in her line of authority that was between her and Amanda, maybe someone who represented the DAO at the Commissioner's court in August. Those folks need to think Sun Tsu - quit your "blogging" defense and "officially" disclose your conversations & directions from Lykos to the right authorities. Lykos career is tarnished no matter what the outcome, but early disclosures may preserve your career - because the law will be on your side!
Ok Steve, how much of the 240 you want?
Is lykos really in Hawaii on the county's expense? The office is over budget, under staffed, morale at an all te low and the leader goes to a vacation/seminar? Did that really happen? A seminar for trial lawyers and she isn't one of those. That ought to be theft.
Anon 10:53,
What I find interesting is that:
When Chuck got hammered, banged his secretary and sent really stupid emails it was blown up as the whole DAs office was corrupt for not publicly outing him.
When Kelly and other ADAs made in house policy recommendations to Chuck that were repeatedly ignored over the years you suggest they should have quit, blown the whistle or marched in the streets--instead they did their jobs the best they could under difficult circumstances which, incidentally, pale in comparison to the situation at the DAs office today. Kelly detractors such as yourself, given the luxury of 20/20 hindsight, demand she should have stood up sooner. The irony. Kelly was also criticized at the office for rewarding merit over the union philosophy of seniority rules and for opposing the abuses of flex-time. This pissed off the uninspired crabs at the bottom of the bucket who complained she was mean "not well liked" blah blah blah and part of the "culture of corruption". The victim mentality is obviously not an exclusive of the Wall Street protesters--20/20 hindsight also shows what happens when sloths take over a district attorneys office!
However, if your pal Judge Pat is criticized for witness tampering, obstruction of justice, official oppression, Brady violations, misappropriation of funds, etc. to out her would be a vindictive witch hunt by a bunch of sore losers?
It's all so confusing! If Kelly doesn't publically out Chuck she is part of the "Culture of Corruption" but if an ADA outs Judge Pat it is a "Witch Hunt"?
What ethical parameters does someone like you use?
Your blind support of an individual like Pat Lykos reminds me of the black American who supports a Klansman just because he was a lifelong democrat.
Even puppies open their eyes....eventually.
Anon 10:53,
Not the sharpest pencil in the box are you? OMG I sure as hell hope you're not actually an ADA. Your blurb fully explains why someone of your intellect was not on KS's A team. You ought to be grateful for any crumbs thrown your way pigeon girl.
xoxo,
Reality
Anon 9:13 AM: Eventually - puppies will open their eyes, but badgers won't.
Reposted from elsewhere, with permission:
"International drug summit to be held in Hawaii"
http://online.wsj.com/article/APec263bafea284d86b5f0dd6d9357defe.html
"Organizers claim that Hawaii's location makes it an ideal place to
hold the event." I'm sure they do!
And look at this list of heavy hitters! The DA of Topeka, Kansas? Wow! Truly a can't-miss conference.
"The district attorneys attending are: Cynthia Besemer of Sacramento,
Calif.; Rob Bovett of Newport, Ore.; Derek Champagne of Franklin
County, N.Y.; Janetta Hicks of New Mexico; Michelle Hill of El Paso,
Texas; Pat Lykos of Houston; Dave McEachran of Bellingham, Wash.;
Stacey McReynolds of San Diego; Brian McIntire of Cochise County,
Ariz., and Chadwick Taylor of Topeka, Kan."
I am no fan of the current administration, but I want this done right. It looks extremely politically motivated when the special prosecutor appointed not only campaigned for Seigler but also acted as her surrogate in a debate or two. Was there really no one out there to appoint that would give the outward appearance of complete impartiality? It will be easy to say that this is all a politically motivated witch hunt by those who did not like the outcome of the 2008 primary. Critical error.
ANON 7:19,
I only accused the ADA's of turning a blind eye when the police withhold evidence that they request. I have not had the video forensically examined, but a lot of police verbiage mentioned in the report is missing from the audio of the videos. The videos were known by the officers to exist, they were subpoenaed to bring them to the ALR hearing and did not. I was subsequently pushed to not subpoena these videos by threat of taking DIVERT off the table. If I were an ADA who requested video more than once; did not get it and then had it turn up as a result of the defense subpoena, I would be all over that police officer and that department. It puts a defense attorney in the position of needing to subpoena this evidence immediately, because the police can destroy the video and do after thirty days in many cases. I have obtained more dismissals due to video from the officer making the stop than any other source. Pasadena police are not sending these over as a matter of course and are destroying them if not requested soon enough. If a defendant goes to a first setting, asks for time to hire a lawyer then by the time of the next setting the video is "gone". LaPorte absolutely withheld two scene videos requested by ADA's. A subpoena was filed on 10/26 mailed by sheriff on 10/28 and the records person said she did not receive it until the 6th. Give me a break. Yeah right, it was in the mail for nine or ten days. The case revolves around the radio transmission of an off duty officer whose reasonable suspicion is in question as a result of his ALR testimony. Part of his transmission is heard on the video which has the sound going on and off. This is not a conspiracy theory. To the contrary there is reasonable suspicion that material evidence has been withheld in hopes that the case would plead out. BTW the judge when inquiring why this case was being reset again found my theory to have some legs and ordered me to subpoena all these folks involved to get to the bottom of it. So apparently I came across as perfectly sane! BTW little Class B Misdemeanors and screwing with witnesses and Brady evidence is what has the DA's office under investigation by a Grand Jury.
"Even if the Special Prosecutors discovered that a crime was not committed, this exercise is going to bring to light the incredible conniving, poor management, retaliation mentality and dishonesty that are hallmarks of the Lykos Administration. Finally, the public will understand..."
How so? If no indictment comes out, the proceedings remain secret.
Still no takers on my bet? Guess yu titty babies don't have too much faith in your rantings.
Rage
What's the bet subject, exactly? Be precise please.
Seaton
Everyone knows that "Rage" is actually Murray, posting controversial rantings just to boost his ratings. Well played, my good man, well played.
I bet that nothing substantive happens to Lykos and she throws this off like water off a duck's back. She will be re-elected.
I lose if:
1. She is asked not to run by the Republican Party (must be confirmed by the Party in an interview, etc.);
2. She resigns before the general election;
3. She has any (no matter how small) action initiated against her by the state bar; or
4. She is charged with a crime resulting from this investigation.
One case of beer. I'll send it to Murray, and y'all can pick it up and split it however you want.
If I win, I want a $100.00 card to a decent (at least) restaurant. I don't trust y'all not to piss all over some beer bottles (probably more like cans of Bud Light Lime, you cheap bastards) and let it dry before giving it to me.
Same deal--send it to Murray, and I'll pick it up.
1:43, he wishes he looked like this.
Rage
Lots of people leaving early today.Some taking personal items with them just in case. Some watching hearing in Harmons court on Divert issue. RB and Harmon do not get along and Harmon would not go along with Rogers Divert plan. Thanks Murray for blog. It has kept us informed. We are like mushrooms.kept in the dark and fed bullshit.Leaving Early Too
Anon 11:05,
Perception being more important than reality; you present an excellent point.
Although the AG's office theoretically would be the best politically neutral body to proceed; they are unfortunately not up to task.
A Federal prosecutor outside of Houston would have been my choice and folks like St. Martin could have been consulted.
That being said, it ignores the actual offenses alleged to have been committed. Should there be only a smoking gun the "witch hunt", argument will fly like Lykos' broom. However,if, as I suspect, a mountain of improper conduct is exposed it really doesn't matter who found it......it is what it is. They will no doubt try to blame Kelly regardless.
Well crap. That's a bet I think you'll win. So as much as I'd like to give you a gift card that I rubbed my sack all over, I don't want to waste $100.00 dollars. Perhaps some true anti-Pat believer will take you up on it. I think she'll slime her way out the way she always has--smiling, lying, conniving, and politicking.
Seaton
Anon 11:05, St. Martin left HCDA on good terms to open up his own shop. He was not asked to leave. He still has many very close friends at the office. You could spin it totally opposite and claim that he will whitewash it to protect his friends. Also, Jim Mount the second special prosecutor never worked under Rosenthal or Lykos. What about him will make him part of the witch hunt? Both of these men have extensive experience in investigating public officials via grand juries and both know the importance of discretion in those types of cases. There will be no witch hunt here and no hidden agendas other than the truth.
Third motion to quash granted in Clinton's court, so Pat didn't have to testify and the interview wasn't shown.
Jury found Defendant guilty.
Congrats to the misdemeanor prosecutors for the guilty! Great job and after every bit of evidence coming in on the BAT Vans they still got a guilty. The only no show was Amanda Culbertson to testify, whats up with that?
Correction.
Video did come in. Still got a guilty.
I was wondering if Pat Lykos will pay a visit to Kathryn J. Whitmire while she is in Hawaii?
Is Nick Lykos in Hawaii or at the Downtown YMCA?
Figures. My beer was going to be fresh from a Tijuana donkey show, anyway. And I was going to let Murray keep the card.
Rage
Hey Rage,
Rosenthal is nothing like Holmes. Rosenthal doesn't have integtrity or good judgment. Holmes has both. Rosentahl let things flow as usual because all the employees were hired by Vance and Holmes, so they knew the drill. Employees knew what was going on and were kept informed. "Always do the right thing" and they'd stand behind you.
Now, it's God forbid, don't make me look bad. Glad I don't work there now. It must really suck working for someone who has no concern for justice or doing the right thing.
Deep-Throat here:
Come on Judge Susan Brown, with all due respect, regarding the appointment of the two Special Prosecutors Good Move on your part and the G.J. for putting some distance between itself and the official investigation; and for the choice of Jim Mount - very neutral - Excellent lawyer and long ago former prosecutor.
However in keeping in line with the whole purpose of the request in the first place - avoiding the appearance of conflict: Truly objectively, STEPHEN ST. MARTIN is NOT the best neutral choice even based on Murray's own words: See Below:
" Wednesday, April 1, 2009
Shameful Well, one has to give credit to our gal, Patsy -- she is consistent. When she doesn't like her prosecutors, she makes no bones about throwing them under the bus or distancing herself from them in both the good times and the bad. We all know what she did to Rifi Newaz and Mark Donnelly last week, and knowing the shameless politico like we do, it wasn't really all that surprising.
But today was a day that was actually a day that would shine a positive light on the Office, as Andrew R. Bland, Special Agent in Charge of the Federal Bureau of Investigation's Houston Office, came to the CJC to personally give awards to Assistant District Attorney's Lance Long and Stephen St. Martin on behalf of the FBI.
Lance and Stephen were both Chief Prosecutors in the Special Crimes' Major Offenders Unit for years until Lykos promptly kicked them out of the Division due to her political cronyism. These guys, along with others, worked day and night, drafting search warrants, arrest warrants, and providing advice to any law enforcement agency dealing with major cases. If you want an analogy, the Special Crimes' Major Offenders Unit is like the Navy Seals of the District Attorney's Office, and prior to their transfers, Lance and Stephen were two of the Division's All-Stars.
In recognition of their work, Special Agent Bland had organized a ceremony on the 6th Floor of the CJC in an effort to show the FBI's gratitude. Stephen was recognized for his work on his several cases, including the Randy Sylvester case (NOTE: Stephen was actually present at the crime scene when police recovered the bodies of Sylvester's children. That is dedication that will break your heart.) Apparently, Pat Lykos and Jim Leitner had little to no interest in actually articipating in the plans. Ultimately, however, a ceremony was ultimately held.
Special Agent Bland gave a speech, giving heartfelt thanks to Stephen and Lance, and at some point, Pat refused to speak or acknowledge their accomplishments.
The situation went from bad to worse, as Lykos refused to have her picture taken with them.
How much more is Harris County going to have to take from Pat and her Gang?
Even Rage thought it was shameful as many others did that Lykos "refused" to stand in a photo with STEPHEN and Lance. What about some of the usual suspects to help Jim - Oh say Wendell Odom or Jim Lindeman? Based on Murray's own words - STEPHEN would be struck for cause on an actual jury if Lykos were the actual defendant. It also puts HIM in a bad position to bend over backwards to avoid any appearance of conflict or hard feelings.
Contrary to some bloggers comments the issue here is factual: The basis of the post was more experience was leaving the office and this now special prosecutor left the office AFTER he was basically demoted from a very specialized division by the very person who was in charge of THAT decision, AS WELL AS, NOT being an active participant in the FBI presentation -AND - not agreeing to have her photo taken with her. Please Stephen, for the greater good of this very serious matter - based on everything - please resign. Yes you are honorable but it is a no win for you. Let Jim and someone not so close to the perception of animosity take over your spot - it would be best - don't you think?
I predict PL's precious little misdemeanor vixen will be the scapegoat when all is said and done.
Here are my thoughts on this which has to be two posts since I have too much for one. Hopefully they will show up in order.
First and foremost, I am NOT a Lykos supporter and hope to God that she does not get elected again in 2012. With that being said, I'm not sure how much of the front side of the whole BAT van/Intox issue can be blamed on Patsy. I of course do not know all the facts but I probably know more than most from very close friends who have been involved in various aspects of this.
Amanda Culbertson first disclosed in court in July of 2011 during trial there were issues with the BAT van. I highly doubt this was the first BAT van case in which she testified. If so, it means Amanda had to have committed perjury in the past, or at the very least not been completely honest. These BAT van issues related to temperature is not something that just popped up. HPD has had these vans for a number of years now and Amanda has been the Intoxilyzer Technical Supervisor since beginning. People suggest that Amanda was afraid of retaliation from HPD. To that argument I would say that I would question her integrity if she would allow her reputation possibly becoming compromised particularly in the field of forensics where your reputation and integrity are what your job is based on. Amanda as the Technical Supervisor had absolute authority to take the instruments out of service. If one wants to make the argument that HPD wouldn't let her then she could of and should of contacted DPS who is the licensing and certifying agency for Intoxilyzer and gives her that authority.
After the issue came to light, the DA's Office did not want to use Amanda for any testimony related to the Intoxilyzer. A review of the record from the case where Amdanda testified to the problems with the BAT vans she did not limit her testimony to BAT vans but began to question the Intoxilyzer in general. This brings up the whole justice versus truth issues. The Intoxilyzer will probably always be contested as to its reliability by experts. Why would the DA's Office want an expert who was not for the science they are introducing? With Amanda there could potentially be questions related to her character going forward. The defense is not going to use an expert who believes in the Intoxilyzer while the State is not going to use one that does not.
Once the issues with Amanda came to light this really pissed off Rachel Palmer and she took it personal. The DA's Office took the liberty to interfere with County Law Enforcement's (SO and Constables) Intoxilyzer instruments, without informing those same LE officers/administrators. No conversation, no nothing. If the Sheriff's Department's budget is paying for the Technical Supervisors, should they not have a say in the process? I know that law enforcement was happy with Lone Star and the services that they were providing. Did anyone ever approach Lone Star, since they are being paid by the County for a service, and ask that Amanda not be allowed to service County Intoxilyzers? Lone Star has other Intoxilyzers and Amanda could have been assigned to other instruments or terminated her.
The DA's Office reached out to DPS and then told the Sheriff's Department that they would be utilizing DPS. So now that the DA's Office is lining all this up with Commissioner's Court, why is the Sheriff’s Department paying the $310,000 from their budget? Should be the DA. As an analogy I doubt the Sheriff is going to tell the DA's Office who to use as a prosecutor. This was not a discussion but something that was told to the Sheriff's Office about who they would be using in the future.
Part 2:
Another issue is that HPD currently has no Technical Supervisors for their Intoxilyzer instruments. DPS is currently providing Technical Supervisors to HPD as a "courtesy”, which means FREE, for the foreseeable future, which I have been told is at least through next summer, yet the Sheriff's Office is paying $310,000 for the next year. Sounds to me like the Sheriff's Department or DA's Office should have said they no longer had any Technical Supervisors when they got rid of Lone Star and could be FREE services as well. $310,000 could go a long way in our budget crisis we are all facing. Why is no one questioning that?
The biggest issue I see is the way Patsy and Gang have handled this whole GJ investigation. From trying to get in to the GJ, filing a writ in regards to this, "asking" prosecutors to tell the 6th floor when they received a GJ subpoena. If you did nothing wrong, then let the investigation play out. But in the end that is not how Patsy operates, everything has to veiled in secrecy.
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