Wednesday, December 21, 2011

Rachel Palmer talks . . . to the Media

Fresh on the heels of being told that she can invoke her Fifth Amendment Right not to testify in front of the Grand Jury, Rachel Palmer and her defense team wasted no time in getting themselves in front of a camera to do some of that thinking smart, looking good and winning that she goes on and on about.  In an interview with Channel 11, Rachel noted that there was "nothing wrong" with her as a person or a prosecutor.

To me, the fact that she did so pretty much crystalizes what the Harris County District Attorney's Office is now all about.

After days of trying to stall out a Grand Jury investigation and refusing to talk to Grand Jurors, all the Gang Who Couldn't Shoot Straight seems to care about is their image.  We ignore those folks provided for under the Rule of Law and prefer to just go do a little on-air campaigning for the boss.

One of the things I failed to mention from Monday's hearing was a new face in the D.A.'s Roster -- David Benzion, formerly of the Lone Star Times.  For those of you who don't remember, Lone Star Times used to be a very politically active Republican website and news outlet.  I've known David for several years and he's a nice guy.

Monday was his first day on the job working for Pat Lykos.

His job?  Work on media relations.  His first assignment?  Go hang out in the Rachel Palmer hearing on the Motion to Recuse.

I find it interesting that in the middle of the whole Grand Jury debacle that Pat Lykos won't make a public appearance, but did apparently take time out of her hiding place to hire someone designed to improve HER public image.

At taxpayer expense, of course.

Perhaps if Lykos spent so much time actually doing the right thing, rather than spending Office money to make it appear as if she were doing so, none of this would be happening.


Anonymous said...

Just finished watching Ted Oberg on KTRK. WOW

Surely the citizens of Harris County are smart enough to see thru this crazy administration.

Anonymous said...

Give an interview, but refuse to testify because you might be "tripped up"? What a bag of crap.

Anonymous said...

I can tell you nothing's wrong with with me and the way I've conducted myself for the last 9 years as a lawyer.

- Rachel Palmer

Best quote yet, girl!

If that's the case, they why take the 5TH? I want to believe you; but, when you make a mockery of my former office by grandstanding and delay and facilitating the perception that evidence was hidden, it makes me second guess your statement.

Murray Newman said...

In my opinion, Rachel giving an interview was pretty much just giving the Grand Jury the Finger.

Anonymous said...

OMG I just watched the interview with RP. Why in the world can't these people just accept the fact they were caught red handed. Geez no conspiracy, nothing political on my agenda. I hate that criminals are now allowed to walk because of the way PL runs the office. This puts my family in danger. That pisses me off. I want to see justice for all that have suffered from the hands of Lycos. Not to mention the fact that this woman tries to make the law work in her way, not as it was intended.

Hey all you Lycos supporters, where is Pat now? I don't see her out front standing up for her favorite few. I can't think of any way that she could put a good enough spin on it to keep RP. Might be time for RP to take a hit for the team.

Anonymous said...

Old Dog

No cutesy song verses on this one:

Budget cuts. Hiring freeze. Stagnant promotions but initially anyway FAST demotions of pink slips. So concerned with being pennywise and dollar foolish by fogetting their mandate: Not to merely convict, but seek Justice.
People making very serious decisions on management - specifically Hanna Chow so concerned with Shirley's few extra hours of comp time. many curts functioning with less than 3 prosecutors or relying on interns.


The timing on this is no coincidence. Someone was a victim last night. Someone's family member got arrested. Do you think the current D.A. is concerned with these matters right now? As the previous prosecutor so eloquently put their words better than me. This is just horrible. You worried about perception lady? No Tax Payer $ to hire prosecutors for the people and you do this/ Now?

In a crisis, character is not is revealed.

Anonymous said...

I love that Rachel would not answer Oberg's questions, but would for Channel 11.

I also love that Lykos cancelled an interview with 13 a few weeks ago when she learned Oberg was asking the questions.

Dear Mr. Oberg:

Please do a search on Harris County's Auditor website for Lykos. When you do, you will see several high-price payments made to her. An open records request should be done for these invoices.

Why did she need $50,000 on March 2, 2011?

Why did she need $30,000 on July 12, 2011?


-Interested & Suspicious Employee

Anonymous said...

Given Old Dog's absence of giving us a cutesy song verse - I'll offer one of my own version in honor of Lykos (Kinks-"Acute Schizophrenic Paranoia Blues")

I'm too terrified to walk out of my own office door,
The reporters waiting outside are trying start the a political conspiracy,
I've been to my local head shrinker,
To help classify my disease,
He said it's one of the cases of acute schizophrenia he sees.

Well the foreman's a spy, and the reporters keep following me,
And the judge is an undercover for the K.G.B.,
And the man that I fired keeps bloggin 'bout private matters,
Oh there ain't no cure for acute schizophrenia disease.

I've got acute schizophrenia, paranoia too,
Schizophrenia, schizophrenia,
I've got it, you've got it, we can't lose,
Acute schizophrenia blues.

I'm lost in my office, the office of no return,
I can't make decisions, I don't know which way I'm gonna turn,
Even my favorite Rachel, lost some of the best friends she ever had,
Apparently, she has a case of acute schizophrenia too.

I got acute schizophrenia, paranoia too,
Schizophrenia, schizophrenia,
I've got it, you've got it, we can't lose,

They're watching my house and they're tapping my telephone,
I don't trust nobody, but I'm much too scared to be on my own
And my opponent has his beady eye on me,
No there ain't no cure for acute schizophrenia disease.

No there ain't no cure for
Schizophrenia disease.

Anonymous said...

Every time I start to write a comment, I get so mad I have to stop. I retired from the HCDAO and find what has been going on just so infuriating. We all knew what Lykos was when she ran and won, so I should not be surprised but .... I won't say it, it is just unprofessional to call names.

Ms. Palmer, you really need to take a hard look in the mirror. Do you really think you have done nothing wrong in your nine and a half years with the HCDAO. I can think of nothing that has brought as much disrespect to the position of an ADA than what you have done. You will forever have the red 5 branded to your clothing and your character. You have brought disgrace to an honorable job.

Lets not forget Mr. Greenwood. Suggesting that all ADAs take the fifth and he is in charge of one of the integrity divisions.

Shame on you. Shame on all of you.

Anonymous said...

To all of those appalled at the antics of Rachel Palmer, and the upper Administration at the DA's office,
Fear not. For with every stunt they pull, Mike Anderson gets one step closer to being the DA in Harris County. This is a marathon, not a race. Keep the faith!
(Maybe when Lykos gets the boot, someone can print up "I Survived the Lykos Adminisration" t-shirts like after the flood).

Anonymous said...

Wow. Just wow. Pat has gotten more than $190,000 in reimbursements since she has been in office. And it's not for an individual employee - they get paid under their own name. Where has the money gone????????

Will someone in Mike's campaign please do an open records request for the invoices!!!!!!!

Anonymous said...

I am loving everything Lykos is doing. Patsy, just keep making all that campaign fodder for your opponents.

Anonymous said...

anon 9:39
I'll buy one!

Anonymous said...

Anon 10:31am

Open records request has already been done. What is needed is help paying for the copying. Please contribute to Mr. Anderson or Mr. Fertitta's cause to help pay for it.

Anonymous said...

Hey Old Dog, don't forget a snippit about the police unions and not bothering to arrest criminals who won't be prosecuted, what a miserable place it must be to be in any form of law enforCement right now!


"To all of those appalled at the antics of Rachel Palmer, and the upper Administration at the DA's office,
Fear not. For with every stunt they pull, Mike Anderson gets one step closer to being the DA in Harris County. This is a marathon, not a race. Keep the faith!
(Maybe when Lykos gets the boot, someone can print up "I Survived the Lykos Adminisration" t-shirts like after the flood)."

Unless a highly unlikely indictment comes down this will hurt your boy Mike Anderson much more than it helps him.
The public is superficial in its analysis and will be more likely than not believe Anderson is behind a grand conspiracy.
Perception always trumps reality in politics-bull shit beats qualifications every time.
(Remember how Lykos spun that Kelly Siegler was just like Chuck Rosenthal in a skirt and it worked?).
Also, remember the public never likes whiners and especially whiney ass government employees in these tough economic times.
Mike Anderson's bull shit won't be as appealing to the general public as it is to the desperate ADAs.
A Lykos stroke, heart attack or lung cancer is a more realistic hope than an Anderson victory.


Anonymous said...

It really is truly amazing that Lykos has not made a public appearance in the last week. Think about leaders on any level and when you think about controversy or crisis, how many real leaders hide and ignore? It's dictators, egomaniacs, and those destined to fail.
Hey, Zach's a republican primary right now. Save your energy for the general election.
And as far as the new flack, he'd better be damn straight on whether he's a county employee working for the HCDAO or a campaign employee working for Pat (something Joe Strange clearly doesn't have straight). There's a huge difference and crossing has serious rammifications for the boss lady....don't let yourself become a "misappropriation of county resources"....

Anonymous said...

This whole circus is just comical. I would love to know what Lykos is paying all her PR folks because they are just doing a bang up job. I am also very surprised that no one in the media has even brought up the potential civil ramifications that could come from this. You are talking about a potential class of plaintiffs that could be in the thousands. Individuals who were either convicted based upon improper evidence that the DA knew about or convinced to plead out based upon that improper evidence. I’m willing to bet that one way or the other, this matter will be flushed out in the court system, criminal/civil or both

Anonymous said...

It would seem that an informal poll of the bloggers might be called for in order to clear the air. A possible poll- A 5th amendment right was claimed because:
1) guilt of a criminal offense,
2) guilt of potential perjury
3) delay for expiration of G.J.term
4) protecting other individual(s)
5) stupidity
6) all of the above (1)-(5)
7) bias of G.J.
8) innocence
9) political witch hunt

Anonymous said...

I did not realize she gave a statement to Channel 11! LOL Well, I guess she does want to talk, she just wants to get her message out there and not the truth. It's beginning to look less and less "political."

Anonymous said...

Anon 12:27 nice try Donnie, you writing style betrays you yet again. Stick to posting at

Anonymous said...

Can someone explain why we are short on prosecutors but now have THREE media people being paid by the HCDAO (Donna Hawkins, Heather Ramsey and this new guy)?

Anonymous said...


And follow them from their source, not their destination.

Anonymous said...

Cold Old Dog:

To all the DEMOCRATS who are now Talking about another Leagues Super Bowl odds. Since you are so confident Lykos is the best falsely perceived strongest candidate. Then logically wouldn't you want your "Team" to play the weaker one in the BIG NOVEMBER 2012 game?

So if as you believe Mike Anderson is the weaker candidate and perception rules the day. CATTLE CALL TO ALL DEMOCRATS. HELP YOUR CANDIDATE BY CROSSING OVER AND VOTING FOR MIKE ANDERSON! Not much Primary action in YOUR PRIMARY. If you don't do this then the "no doubt" Lykos (the big bad killer politician) will no doubt "own" The Boardwalk with your guy.

Anonymous said...

Let's look at how Lykos handles her employees. Mark and Rifi are given de facto demotions for making a trial decision. They are called negligent and incompetent by Lykos. They committed no crime.

Another employee makes a poor decision and defends himself on the Chronicle comments after he reads the personal attack thrown upon him in an "editorial" by Brian Wice. He is suspended without pay for putting the office in a negative light. He committed no crime.

Rachel humiliates all those who work at the HCDAO by claiming herself as a "prosecutor" and then taking the 5th. We can all dance around the issue, but everyone who works in the criminal justice system knows why someone as educated as Rachel is would take the 5th. At best she is hiding something. More likely, she is concerned that she may have committed some crime, or would commit a crime by perjuring herself.

So how does Lykos handle the situation? Rachel keeps her job (where she doesn't do any real work anyway), keeps her pay, and all is normal for her.

Jim, we all know you follow these comments - how do you justify this? How? When you look at yourself in the mirror, do you wonder just where it was that you took the turn from honor to disgrace?

Anonymous said...

@8:02. It is quite likely she might be tripped up.

They might expect her to remember and/or take responsibility for her own actions, or they might use a big word. Or, they might be part of Murray's big old mean back-stairs conspiracy.

Anonymous said...

Rachel - we'll gladly let the State Bar of Texas, Harris County Human Resources, the voters and God decide if there is anything wrong with you. You obviously are NOT a good judge of people given your choice of a husband and support of Lykos

Anonymous said...

Lykos has two choices:

1. Fire Rachel because she's making Lykos and the DA's office look bad. This is what the citizens, the media, and the hard-working DAs who have no involvement in this debacle would expect any DA who respects her reputation and that of her office to do. The fact that she hasn't done it yet is shocking.

2. Keep Rachel on. This is more likely because if she fires Rachel, then she has a disgrunteled employee who knows way too much about what all Patsy has done and that is a liability Patsy can't afford in an election year.

Rachel has decided to dig her heels into the ground, probably because she has covered up things in an effort to protect her boss. I just hope when she is fired (by Patsy or a successor), that she realizes that the woman she's tried so hard to protect isn't worth it.

Mark W. Stephens said...

I remember when I was working Public Integrity and we worked a sting on ADA Kristen Pain, resulting in her arrest for possession of cocaine.

When we advised the DAs office what was going on, Johnny Holmes told us he didn't even want the name of our suspect, just work the case and get the so and so out of his office.

My, oh my, how times have changed.

Anonymous said...

I hear Rachel is Lykos' Goddaughter, is that correct?

Anonymous said...

Another take on all this:

Anonymous said...

Anon 3:17,

Now Elizabeth we both know that dog won't hunt.
The cattle you beckon are going to the slaughterhouse not the voting booth.


Not the Donald

Anonymous said...

Mark 4:04,
JBH insisted his staff to be above reproach and if you weren't, you were out of there. He even fired an ADA for taking a gasoline cap from a car. An ADA prosecuted under Chuck Rosenthal as well. HPD was given complete access to all HCDA information and was provided with total cooperation. The ADA was prosecuted sucessfully for misconduct. Neither Holmes nor Rosenthal ever hired professional media-types to puff their image. Lykos' stock-in-trade is to use hundreds of thousands of taxpayer dollars to market herself to the voting public. She even has professional writing staff whose job is to regularly publish some activity designed to make Lykos appear to be something she isn't. The public is so unaware of how political Lykos is. There hasn't been a player like her in this office in the past 50 years.

Anonymous said...

Perhaps Murray or another attorney can answer this question. Has Amanda Culbertson lost her job at Lone Star college? If she has not, doesn't that really complicate - or even make impossible- an Official Oppression charge. Perhaps Attempted Official Oppression might be on the table. The Brady violations fostered by Palmer and Bridgwater are another issue altogether.

Anonymous said...

Two things:

1) Please delete the name of the prosecutor who got charged with drugs - that was years ago and she had a problem - I hope she's better now and I hope she is. No fair to put her name out that like that.

2) Here's a suggestion: How about starting a threat for specific Lykos campaign promises and/or media announcements that NEVER CAME TRUE.

Example: The Detox Center

Mark W. Stephens said...

To Anonumous December 21, 2011 4:47 PM

That is the difference between real integrity...and the lack thereof.

Anonymous said...


Item: 185th and 232nd Grand Juries meeting tomorrow. Six thinks they can shut down all Grand Juries after 12-31

Item: Lykos asked Grand Jury to investigate leaks by other grand juries. (Designed to have chilling effect on independent investigations)

Item: Tomorrow compliance deadline for document production for 232nd grand jury. Six believes only Chow and Moore are targets

Item: Six furious that the $ to pay for all special prosecutions comes from the DA budget. Wants it to come from indigent defense or some other budget.

End of line

Anonymous said...

I was wondering if Pat Lykos is still being driven around town by Joe the Investigator in the Cadillac Escalade?

Anonymous said...

Is Rachel aware that she has lost the respect of both sides of the bar as well as the judiciary? I hope Don has bunch of money because she is going to be unemployed and is now a laughing stock.

I predict she ultimately claims she is a victim of Lykos and was told she would lose her job. The Lykos team is made of two faced selfish lawyers. All of them will be beggars and "victims" before you know it. Just watch.

inquiring minds said...

Rachel Palmer took an oath to seek justice when she became an ADA and she took that same oath again when Lykos became DA. She has now refused to assist a grand jury in a lawful investigation by asserting her 5th amendment right. She did this IN HER CAPACITY AS AN ADA. Doesn't sound like she's seeking justice to me. She was told she is not the target of this investigation. Although she is within her legal rights, if she cannot answer questions without incriminating herself, she cannot fulfill her oath. Instead of seeking justice she is looking out for herself (or another individual) but not the people of Harris County. The fact that she didn't resign prior to taking the 5th means the oath is not important to her. The fact that she is still an ADA means the oath is not important to Pat Lykos.
So, what can be done about an ADA who blatantly disregards her oath? Lykos obviously isn't going to fire her, so who has the authority to sanction or punish her for this?

Anonymous said...

Old Dog Ate, then:

After digesting ALL that is here, all of it! Old Dog took a big fucking junkyard brick house SHIT. Using Google "Tunnel" I'm pretty sure I inadvertently "lava drilled" a hole to the body of water to the North of Antarctica. Fucking South Pole Tsunami on the way!

OMG! Now I'm throwing up! gotta get inside.......Ahhhhh f*****g lying, arrogant, FEMALE OLD DOGS! Gonna go watch 101 Dalmatians. I do feel better now. I leave you these nice lyrics...for the mood of the moment:

Cruella De Ville lyrics

Cruella de ville, cruella de ville
If she doesn't scare you, no evil thing will
To see her is to take a sudden chill
Cruella, cruella de ville

The glare in her look, the ice in her stare
You innocent children, you'd better beware
The world was such a wholesome place until
Cruella, cruella de ville

First, you think think she's a devil (she's a devil)
And after time has worn away the shock
You come to realize, you see it in her eyes
She's watching you from underneath a rock
[ Lyrics from: ]
That vampire bat that in she released
She ought to be locked up and never released
Like a spider for the kill, that's old
Cruella, cruella de ville

First, you think think she's a devil (she's a devil)
And after time has worn away the shock
You come to realize, you see it in her eyes
She's babi-bidi-babi-bidi-badi-bah!

That vampire bat that in she released
She ought to be locked up and tossed away the keys
The world was such a wholesome place until
Cruella, cruella de ville
Oh! cruella
Cruella, cruella de ville

Have memory!

Anonymous said...

No Democrat is going to win county wide in 2012.
I am not a Republican.
I am a realist.
You may call it negative thinking or defeatist, it's reality.
Even a guy who got incredible cross-over support in 2008,Sheriff Adrian Garcia, will lose.

Anonymous said...

Too bad Hooper doesn't have a dime to his name. How does Palmer still have a job?

Anonymous said...

Let's put an outsider in the DAs office. Many of us hoped for it when Rosenthal stepped down and haven't given up on the idea. When the interim DA was appointed while we awaited the DA elect there was a sense we could be free of old ideas and politics as usual. Just as Lykos wasn't the answer, neither is Mike Anderson. Bring in fresh blood with intelligence and integrity and the office staff can once again hold their heads up.

Irony said...

Two prosecutors demoted and trashed in newspaper - No crime was committed

Prosecutor was placed on probation for writing a blog - No crime committed.

Prosecutor demoted and placed on probation for writing blog - No crime committed.

Two prosecutors lose a hard-fought, but high-profile misdemeanor trial and are called out by Lykos - No crime committed.

Multiple prosecutors print OR involving Palmer & Hooper to see why no criminal charge was taken and all these prosecutors are issued letters of reprimand - No crime committed for printing OR.

Top Prosecutor questions decisions upper management have been making and is fired for insubordination - No crime committed.

Prosecutor defends himself from personal attack via Chronicle and is currently demoted - No crime was committed.

All prosecutors who supported a candidate other than Lykos in 2008 election were immediately demoted - No crime was committed.


Rachel Ann Palmer takes 5th and creates multiple day press bonanza with negative light on office the entire time, She is still in current position - a position of leadership and zero consequences for her actions.

Of course, there are no double-standards in effect at HCDAO.

Anonymous said...

@Anon 7:48 PM

It's a navigator, not a 'slade.

Robb Fickman said...

Rachel Palmer claims she is a victim in all this? How very droll. No Rachel you are not the victim. Amanda Culberson lost her job as a chemist after she testified truthfully. Someone in your Office apparently made that happen. Someone in your office,( Gee I wonder who?), apparently picked up the phone and called Commissioners court and got her axed. Someone in your Office apparently did this in retaliation for her telling the truth. Then someone in your office turned around and tried to get her indicted.

So no, you are not the victim, not even close. Amanda Culberson is the victim. She lost her job because she told the truth. She faced a vindictive prosecution because she told the truth. By any standards she is the victim. You however play the victim on TV, although not particularly well. I don't see an Emmy.

Rumor has it that you and Lykos orchestrated the firing of Amanda Culberson. It is just is just is just a rumor. But if that be true you would be the bad guys in this story, not the good guys. You were offered a chance to tell what you knew and you invoked the Fifth. That's your privilege.

There will be no indictments. Lykos will reemerge and again cynically rely on the publics short attention span while she seeks reelection. The public will forget, Rachel will get a raise and life will go on. The End. ....

... Except there is something called Karma. And All this Bad Karma will come back on these folks like a
Boomerang from Hell. The good, hard- working , honorable people in the Office may one day just say Enough is Enough!!!!

I will not work for this woman one more God Damn Day. My integrity means more than a paycheck and I will not be part of an office whose credo is now " vindictiveness and deception" .

Hypothetically, If the entire Office walked out, change would come. A tyrant cannot operate without troops.
Courage folks.

Robb Fickman

Anonymous said...

anon 11:58
I believe that Mike Anderson will bring intelligence and integrity back to the office. I also believe that the people that work there will be pleased with Mr. Anderson. With Mr. Anderson as leader the office will be able to hold their heads up once again and be proud to work for such as outstanding organization. Not to mention they will be allowed to actually make decisions without being terrified of losing their jobs. Sometimes new is good, in this instance I think knowing what you get with someone will be best. There has been enough uncertainty for these people already. They deserve a known entity.

Sue Hudson


Anon 10:51,

Anderson will lose the Republican Primary because:
1. Anderson jumped in bed with Satan's little brother not appreciating Lykos has been servicing Satan since Mikey was in diapers.
2. Lucifer will immpune the appearance of conspiratorial abuse of process and official oppression on team Anderson when no indictments are handed down from either grand jury.
3. Terry Lowery does not jive with doing what is right no matter how team Anderson spins it.
4. Republicans don't care for blatant flip floppers when the flip flopping is based soley on self serving politics:
eg. my wife was for DIVERT until I filed for DA and now we're calling it illegal;
trace cases shouldn't be felonies when I was a judge, but now that I'm running for DA and need the police union support, trace cases should be felonies;
I shaved my moustache so I'm not like Chuckie anymore;
prosecutors could and should have won at all costs when I was a judge, but I'll be fair as DA;
Patsy shouldn't drink whiskey while on the job like I used to back in the good old days--but that was the past, no more whiskey afternoons at the CJC when Anderson's DA (LOL);
Rosenthal and Anderson are from the same school and that is what the voters reject.

Lykos may have a meltdown before the general and Zach Fertitta might pull it off at the 11th hour--I hope so.
Realize this, the Anderson hippocrisy will be hard to overcome if Lykos runs a smart campaign and that bitch knows how to campaign.
Outside the tiny world of disgruntled whiney ADAs nobody cares about government workers acting like childish victims---remember kids perception sells better than crocidile tears from government workers who come across as spoiled ingrates.


Anonymous said...

Can someone who was in the recusal hearing correct Ted's Conscience's (Don Hooper) amnesic comment? ... Although I wasn't there I suspect Hooper's imagination has, once again, superceded reality!

Anonymous said...

Hooper posting again on big Jolly as "Ted's Conscience". Can somebody tell David about this nutcase?

Anonymous said...


Amanda wasn't fired, she resigned. She wasn't happy at HPD for many reasons. She told MANY ADAs and HPD officers that she wasn't happy with Irma (lab director); Amanda was the only blood analyst and only tech to oversee the intoxilyzers. She was overworked and under paid; but she was not fired. Amanda made it very clear to many ADAs that she was leaving. In fact, she wouldn't tell anyone where she was getting a new job because she thought Irma would try to sabatoge that. Amanda was a friend and respected collegue of many of the ADA's, especially the VATS ADAs whom she would often see late night at central intox.

Any relationship quickly soured when Amanda testified about the BAT vans and caught many of her "friend" ADAs off guard, as they knew nothing about it.

Another thing, no one has ever brought up the police integrity investigations concerning Amanda and HPD task force officers....


A former HPD Task Force Officer

Anonymous said...

"Please delete the name of the prosecutor who got charged with drugs - that was years ago and she had a problem - I hope she's better now and I hope she is. No fair to put her name out that like that."

Um, no, don't you do it, Murray. I don't know that there's much worse than a person committing felonies while working as a prosecutor. It's not only more than fair, it should be an eternal consequence that you can't take oaths to seek justice and uphold the law, and take a paycheck from the public to do so, while having a problem with illegality, without having your "problem" be an eternal example for others in the business to keep their own noses clean.

Anonymous said...

@4:24 PM. That's a low blow. What does that ADA's drug problem at the time have to do with Lykos. Geez, let some things go already. There is plenty of other fodder without bringing up over 10 year old history.

Anonymous said...

Regarding accusations of the DA's office engaging in Brady violations, If an indictment is handed down in one of these cases I believe that the public records accessible as an investigation expands will uncover many more instances of this type of activity.

When I first started doing criminal defense work a few years ago, when something was missing from a DA case file that should have been there, but was not because it destroyed PC; all it took was to point it out to the DA who simply made a phone call,got the info and dismissed the case if the police were not able to give good reason for not forwarding the evidence. What I am running up against now is that they say they will seek the exculpatory evidence then don't and when it is no longer around (videos, MDT, dispatch recordings) it's oh well its gone.

They are playing a game where they turn a blind eye to police departments who withhold video evidence, recordings etc... which are then said to be destroyed if not requested within 30 days. Well what about a defendant that has a couple of resets because they needed time to raise money to hire an attorney and the evidence is destroyed before an attorney is on the case. Even if the attorney is present for the first setting, if the video is not sent over and he does not subpoena it immediately it is likely not to be retained (routinely deleted if not requested soon enough).

I have started going through the criminal the cases on the District Clerk site of some very well respected defense attorneys and few are subpoenaing this type of information early on in these cases. I have found one well known attorney that while not issuing subpoenas for police information that frequently gets deleted only a couple of years ago; he is now doing this on every case within days of the first appearance and often prior to the first appearance. For defense attorneys to have to subpoena exculpatory evidence before the first setting to insure it is not destroyed tells me that ADA's have no problem with the officers who engage in this type of activity to keep their cases from getting washed out for lack of reasonable suspicion or PC.This type of activity will be revealed by the e-mails between ADA's and police departments. The frequency with which information is withheld yet the ADA goes forward instead of imposing some discipline on the police shows me that many are more concerned with getting a conviction than complying with Brady and respecting the Constitutional rights of defendants. Any ADA who condones in any manner withholding exculpatory evidence as long as they don't see it, needs to go away.

Mark W. Stephens said...

To Anonymous December 21, 2011 6:02 PM

Its perfectly "fair" to talk about the Kristen Pain case. She was a prosecutor who was, or had been, assigned to the drug court, prosecuting cases and sending people to prison for doing the same thing SHE was doing. Cocaine. THAT was the part that was "not fair."

To Anonymous December 22, 2011 11:35 AM

You ask what does the Kristen Pain case have to do with what is going on in the Lykos adminstration now?

It was simply posted for comparison purposes. An analogy.

When Johmmy Holmes was the DA and there was an ADA suspected of committing a criminal offense, he didn't stand behind her, make excuses for her, and tell her to plead the 5th. He didn't even want to know WHO it was. He told us to work the case like we would work a case on any other criminal suspect. He encouraged us to do a good job and to do it right.

The point is, that is NOT what is happening at the DAs office NOW. Plain and simple.

Both intances had an ADA accused of committing a criminal act. One case was handled with integrity. One case was not.

Its a perfectly relevant analogy.

And please don't talk about "fair" or "low blows." You really don't know what went on with that case. And you certainly don't know what my family and I had to endure when the Homicide division called and told us they had received a threat on my life. So...please.

She's a convicted felon. Its public record. (And she got to keep her law license.) She even gave an interview to the Houston Press AND did a photo shoot with them. So, apparently its not THAT big a deal...

Anonymous said...

I would rather have ADAs with loads of cocaine over taking the 5th.

Anonymous said...

Former Task Force Officer-

I think you misunderstood me. I am not talking about Amanda Culbersons departure from HPD.
I am talking about what happened after that. What happened after that is she went to work for Lone Star College as a chemist. Lone Star College had a long-standing contract with the County to provide breath testing on County cases. After Amanda Culberson went to work for Lone Star she testified for the Defense on an HPD case. After she testified truthfully about problems with the HPD BAT van the
DA's Office orchestrated the termination of the long standing contract between the County and Lone Star. This was done in broad daylight and when questioned about it Commisioners deferred to the DA's Office. That contract was killed by Lykosians in direct retaliation for Amanda Culberson's testimony about HPD problems. Thats what happened. Lykos et al can deny it, but those are the facts. Facts as John Adams said " are stubborn things".

But none of this matters. Political vindictiveness and using a grand jury to punish someone for political reasons is hardly consistent with " doing Justice".

I was never a prosecutor. If I was one now I would quit rather than work five minutes for this hypocrital malignant cabal. I call on all honorable ADAs to ask is it truly honorable to lend this administration your support. By working for this Administration you are lending them your support.

It's mirror time folks. Integrity is more important than
Job security. And if someone lends support to the Lykos Administration , they risk the former to protect the very unstable later.

Robb Fickman

Robb Fickman

Anonymous said...

"An eternal consequence?"

I remember KP and I remember when she was found out - I can't remember how long ago that was - probably AT LEAST 12 years ago.

I sincerely hope she has turned her life around. I hope the person who wants "eternal consequences" finds a way to work on forgiveness and compassion.

As much as I appreciate this blog as a way of communication in our current world - in which honest communication and discussion is dangerous - I very much dislike the ugly side of it.

It allows people to be cruel, without being accountable.

I wish we could stick to the facts - and not resort to anonymous abasement and gossip.

When we embrace this ugly, cruel side, we cannot claim to be better than Lykos et al. We might as well line up for a race to the bottom.

Episode Seven: The Voters Awaken - A One Act -Sci-Fi Play

SCENE:  The Death Star orbits over Downtown Houston. [INTERIOR] The Imperial Council Chambers. EMPRESS OGG sits at the head of a long table ...