Life at the Harris County Criminal Justice Center

Last Sunday evening, I took a plane trip from Houston's Intercontinental Airport to a moderately sized airport in Florida as part of my work with Cold Justice .  There were five of us traveling together and we had a lot of equipment, so one of the production assistants was meeting us at the airport with a van to take us to the hotel. As we were waiting in the Passenger Pick-Up area, a heavy set African-American man drove up to pick up a couple who were apparently on the Houston flight with us.  I noticed him because he appeared to be uncomfortable parallel parking at the curb so he parked in a moving lane of traffic.  Leaving his car parked, he got out and helped the couple load into the car.  It was late at night and he wasn't inconveniencing anyone.  I just didn't have much else to observe while waiting for my ride.  Otherwise, I probably wouldn't have even noticed him. When I got back to my hotel room after a long day of travel, I checked my Facebook account on m

When a potential client first calls a lawyer on the phone or comes into his office, there is no predicting where that case will lead.  Whether it be civil, criminal, or family law, the variables are so vast that there are really only two things a lawyer can guarantee a client:  his best effort, and complete confidentiality. The principle of Attorney-Client privilege is something that every lawyer and most non-lawyers understand.  It is a sacred principle in the legal profession and one that is held above all others.  A lawyer could arguably be forgiven more easily for doing a terrible job on a case than he could ever be for sharing privileged information.  Client communications are privileged.  Period. How serious is the duty of Attorney-Client confidentiality?  If I were to represent a client and he fired me, I would be forbidden from turning over my file on the client to his new lawyer until I had confirmed that client's permission to do so.  It is so serious that the confide

From the "Better Late than Never Department" . . . Normally I would have my recommendations in the Criminal Justice Races out before early voting starts, but I'm running a little late this election cycle.  Early voting began on Monday, and if you haven't done so already, you need to get out there and do it.  As I remind you every election cycle, it is so much easier to vote at any of the available early voting locations in the two weeks leading up to the election than to be limited to your one and only polling place on election day. My early prediction on this election cycle is that there will be a Republican sweep.  I base that prediction entirely on what I've seen with the past several non-Presidential Election years.  I could be wrong. So, here are the races that affect the Harris County Criminal Justice Center. Harris County District Attorney - Devon Anderson (R) vs. Kim Ogg (D) When Ogg first announced that she would be running against District Attor

I've always been a fan of the Joe Martin comic strip Mr. Boffo , which I always considered similar to the Far Side.  One of my favorite things he would draw featured  "People Unclear on the Concept." I had my own experience with a person "unclear on the concept" this afternoon while visiting my hometown overnight. My wife and kids and I came into town late this afternoon for a friend's funeral tomorrow.  This visit, we're staying with my mother-in-law at her house.  I parked (legally) on the street in front of the house, and unloaded everything into the house. About fifteen minutes after my arrival, the doorbell rang.  I corralled the dogs and kids and answered it.  A frazzled woman that I didn't recognize stood there. "Who does that car belong to?" she asked, pointing to my (again, legally parked) 4-Runner. "Mine," I said. "Well, I hit it." "Uh oh," I said.  "Is it bad?" "Yes,&qu

As most of you probably know by now, fellow attorney, Richard Gallego, passed away earlier this week.  His friend and co-counsel, David Pendleton, was kind enough to write these words of remembrance for Richard, and to send this photo of Richard, his wife Laura, and their new granddaughter, Isabella. On Monday, October 13, 2014, I met my friend, Richard Gallego, in 232nd to work an Evading Arrest case. Like we have done 1000 times before. He talked to the defendant's Mom while I reset the case. We said good bye to them and then Richard did what he always did. He told me about the Mom and how she works at a bank and how she has tried to keep her son, the accused, in line. He always cared about the family and not just the "case".  For some reason on Monday Richard told me how much he loved his own family and how much he is blessed to spend time with his family. His family was the most important blessing in his life. His children are exemplary people. I know his s

My good friend and HPD Sergeant Roger Chappell is retiring from the Department after over two decades of service. There will be a retirement party for him at the Char Bar, 305 Travis Street, Houston, TX 77002 on Thursday, September 25th at 4:00 p.m. Come and join us in saying goodbye to a great cop and a great friend as he heads to greener pastures!  Everyone is invited!

On January 23rd of 2013, a woman named Susan Harper was seen getting out of her car at Irvington (AKA Robertson) Park in North Houston.  Her shirt and upper torso were on fire.  Two witnesses helped extinguish the fire and called for help. As they were helping to extinguish her, my client (and Susan Harper's boyfriend), Darryl Tindol came walking up to them from the opposite side of the park  from the fire. Two Houston Police Department officers arrived and asked her what had happened. "I dropped a cigarette on my blouse and it caught fire," she told them. They did not believe her. They asked her what really had happened and noted that their belief  was that she had been the victim of an assault.   "She at first would not say that she was [sic]  victim of assault other than she was smoking and caught herself on fire." But, they persisted with their belief. "The Complainant was asked by this officer what had really happened to her

Back in September of 2013, when Kim Ogg announced her candidacy for Harris County District Attorney , I made the statement "I'm just happy that we have two candidates in the race who actually care about Criminal Justice."  I'd known Kim for years and thought highly of her and her no-nonsense approach to her job.  She was certainly a better candidate than the moronic Lloyd Oliver (whom she easily defeated in the Democratic primary) and she certainly wasn't as mean-spirited and incompetent as Pat Lykos. Although I still planned on supporting Devon Anderson for District Attorney, I didn't think there would be too much negative to say about Kim.  I was actually looking forward to the debating of the issues the affected Harris County Criminal Justice. There was a warning sign (at the time of Kim's announcement) that foreshadowed a dirty campaign, unfortunately.  Photos published by Dave "Big Jolly" Jennings on his website here   showed Ogg shaking

Like most of you, I was genuinely surprised to learn of the death of Robin Williams yesterday. Although I make no claims of being his "biggest" fan, I grew up watching him.  His career coincided with my childhood and I can remember finding him wildly hysterical when I was younger.  As I grew older, I found him much more compelling as a dramatic actor than as a comedian and I rank "Dead Poets Society" as one of my all-time favorite movies. Even though I may not have enjoyed many of his zanier roles as much as his more sedate ones, I liked Robin Williams.  I thought he busted his butt to use his celebrity to help good causes.  He had his personal demons, but at the end of the day there was something about him that conveyed he was a decent person.  More so than most celebrities in Hollywood, there was something about Robin Williams that made me, and many others, feel like we knew him. I think that's why learning that he took his own life yesterday feels so sh

In the Spring of 2009, I met my friend and mentor, Pat McCann, for a drink at Char Bar.  We talked about all of those things going on in our lives, and he was genuinely interested in what changes in perspective I had now that I had left the District Attorney's Office. "I think you need to do a blog on the differences between being a prosecutor and being a defense attorney," he told me. "I've been a defense attorney for about five minutes," I replied.  "I don't really think I've got the depth of experience on this side to do that blog post quite yet." Over the past five years, I've revisited that conversation frequently.  There have been times that I thought I could write a big, overarching blog post that could point out the minutia of differences in the job of a defense attorney versus that of a prosecutor.  It could even be humorous.  I've started THAT blog post several times, but the end product was so cheesy that I couldn&#

My thoughts and prayers are with my friend and fellow attorney, Kent Schaffer, on the loss of his daughter, Max , who passed away last week at the age of 28. Although I don't know Kent as well as I know some other attorneys at the CJC, my wife and I had the opportunity to meet Max one time when she was at dinner with Kent.  The pride and love that Kent had and continues to have for her was very evident as he introduced us. As a parent, I don't even want to begin to imagine all that he and his family are having to come to terms with. I wish that there was something more that I could say that was more eloquent than this, but I hope that Kent knows that everyone in our criminal law community's heart is aching for his loss. Please keep him and his family in your thoughts and prayers.

On Tuesday of this week, Albert Davidson, mother of our friend, Charley Davidson, passed away at the age of 98 years old. There will be a memorial service for Mrs. Davidson on Thursday, July 31st at 2:00 p.m. at Chapelwood United Methodist Church, located at 11140 Greenbay, Houston, Texas 77024. Please keep Charley and his family in your prayers.

There will be a fundraiser this Saturday, July 26th for David Singer, who is running as the Democratic Candidate for County Court at Law # 14. The event is from 1 p.m. to 4 p.m. at the Sam Houston Race Park Jockey Club.  It is open to whoever wants to attend and food and drink will be provided and people should have a fun time doing a little wagering on the races!

I'll admit it.  For years, I was totally jealous that my dear friend Will Womble had this . For some reason, I was notified just this week that I now had this . My life is now complete. NOTE:  I've now worked on 10 different episodes of Cold Justice.  I don't know why I'm only getting credit for one.  I will have to take this up with the Screen Actors' Guild, I guess.

If you pay attention to the goings on at the Harris County Criminal Justice Center with any regularity, you are probably already aware of Lisa Falkenberg's two outstanding articles on the Harris County Grand Jury that indicted Alfred Dewayne Brown for the Capital Murders of Houston Police Officer Charles R. Clark and store clerk Alfredia Jones. Part One of the column ran on Thursday.   Part Two ran Friday.  As of this writing, we are still waiting on Part Three.   NOTE:  If the Chronicle's "premium content" website is blocking your access, the Washington Post  did a pretty decent synopsis you can read by clicking here .  My friend, Scott Greenfield, has also weighed in on the columns here .  The attention these articles are garnering is just beginning, in my opinion. The very  condensed version of events are as follows:  Alfred Brown was suspected of being part of a group of males that robbed a check-cashing business and murdered the clerk and a police officer

Since I am sadly way behind on writing anything these days (blame the 25 lb., 8 month old individual who lives with me), my dear friend, Feroz Merchant , asked if he could do a guest post to share his thoughts about some of our often overlooked court co-workers. As an attorney that practices regularly in the criminal justice center here in Harris County, I get to meet and deal with a great number of people. In my 14 years as an attorney, I’ve been a prosecutor and a criminal defense attorney. This means being in court almost very morning. What I’ve noticed is that the clerks (sitting by the Judge) are always busy. They seem to get there before anyone and are there long after most have already left. They often spend lunches at the desk working and that too after continuously working and responding to several people at the same time. It’s multitasking that really amazing to watch. These folks are one of the hardest working people out there. I decided to look up their job descripti

Rachel Palmer turned in her two-weeks notice to the District Attorney's Office.  It is my understanding that she is going to work for a civil law firm. It is a move that is probably best for all involved. Although there are probably many who would like to use this opportunity to dredge up the events of the past, I don't see much point in doing that from this end. I wish her the best of luck in her future endeavors.

On Monday, June16, 2014 from 3:00 p.m. to 4:30 p.m., there will be an informal celebration of life for Assistant District Attorney and former-Defense Attorney Don Rogers, who passed away early last week.  The event will be held on the the 17th Floor in the Reception Room of the Harris County Civil  Courthouse. Don wanted something informal that would be a chance for his friends, family and fellow Harris County Courthouse folks to reminisce about him.  To keep with those wishes, his friends from the District Attorney's Office have organized the event.  A few of his close friends and Don's nephew will begin with their memories of Don and others will also be encouraged to bring their stories, as well. Don did not want a solemn event, but a celebration of his life.  Please attend this and share your memories of a respected and loved member of our CJC community.

The Harris County Criminal Justice world was shocked on Tuesday by the unexpected passing of former-defense attorney and Appellate Division prosecutor, Don Rogers.  Don passed away at his home of natural causes. During our time of overlap at the Office, I did not know Don well, but he seemed like a very nice man from the little that I did know.  My friends in the Appellate and Writs Division, as well as the rest of the Office and the Defense Bar have written many kind things expressing their sadness and surprise at his loss. Don was in private practice as a trial and appellate attorney for twenty years before joining the District Attorney's Office in 2000.  Part of his impressive career included working for legendary defense attorney Racehorse Haynes from 1994 until 2000.  He even served on the board of directors for the Harris County Criminal Lawyers Association. The arrangements are still pending for his services and I will keep you updated as they become available.

Today begins Early Voting for the runoff elections across the State of Texas.  Unlike the early voting period for the earlier primary elections, this period of early voting only lasts for ONE WEEK. Please, please, please do NOT procrastinate in getting to any local polling location and casting your vote, because there are two very important elections that need your attention in the Republican Primary. Remember the Rules of voting in the Runoff for a Party Primary: 1.  It is NOT a requirement that you voted in the earlier election in March to be allowed to vote in the Runoff. 2.  The only reason you could NOT vote in the Republican Runoff is IF you voted in the Democratic Primary election in March. So, don't use "well, I didn't vote earlier, so I can't vote now" as an excuse.  You absolutely CAN VOTE and SHOULD. Now, onto the Races: COUNTY COURT AT LAW # 10 - Republican Primary Runoff Former-prosecutor and current Criminal Defense Attorney Tonya Roll

Ok, this one has nothing to do with the CJC, but I have to do some extreme venting.  It may be tangentially related to a life of crime, because I could see someone snapping after being forced to deal with Comcast for a prolonged period of time. As most of my friends know, my family and I moved to Oak Forest last weekend.  We had been looking forward to living in the new house and had been very organized in our planning for the move.  One of the things on the our "to do" list for the move, obviously, was transferring service for cable and utilities, etc,  For the past several years, I've used Comcast/Xfinity as my cable, internet, and phone provider.  Although we experienced some issues with Comcast when we added their home security to the mix last year, for the most part, things had been okay. So, I made the ill-fated decision to bring Comcast on over from the old house to the new house. Huge mistake. Our moving day was Friday, May 2nd. A few weeks in advance, I c