Friday, October 24, 2014

Kim Ogg, Attorney-Client Privilege and the McAfee Case

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 confidentiality begins as soon as the potential client first tells a prospective lawyer the facts of his case --  even if that client doesn't hire that lawyer, privilege exists because of communication in anticipation of hiring a lawyer.

It is so serious that the duty of Attorney-Client confidentiality survives even if the client dies.

Attorney-Client confidentiality is one of the most basic tenets of being a lawyer.

It just is.

On Saturday, May 8, 2010, a woman named Janet McAfee was shot and killed by her husband, Ken McAfee.  After killing his wife, Ken McAfee engaged in a 3 hour SWAT standoff before shooting himself in the jaw.  He would survive the injury and be charged with Janet's murder.

In the days that followed, it would come to be revealed that Janet McAfee had been in the process of divorcing Ken.  According to a Houston Chronicle article, she had filed for divorce in March 2010.  In the same article, it is mentioned that at some point, Janet had attempted to become legal guardian of her husband, Ken.  That information was shared with the Chronicle by Janet's former lawyer, Jack Ogg.

Now, right off the bat, there is something suspect about a murder victim's former attorney giving information to the press about the nature of his representation.  In my opinion, that seems like a breach of Attorney-Client confidentiality right there.  At least Ogg declines to state Janet's reasons for seeking the guardianship.

But it seems as if Ogg clearly violates Attorney-Client privilege when he begins telling unflattering information about his now-deceased former client:
"I've heard that there were threats on both sides," Ogg said.  "But that's not unusual when people are going through marital problems."
Okay, so you have a former client who was initiating legal action against her husband and said husband has now murdered your former client.  What better time to start sharing with the press that she had been making threats toward her killer?  This type of sharing is certainly not acting in the best interest of your client.  As a matter of fact, you are actually beginning to act in the interest of the man who killed her.

So what does that have to do with Kim Ogg?  Well, it gets worse.  A lot worse.

Ken McAfee's murder case landed in the 339th District Court and although he was initially appointed counsel, attorney Gerald Fry comes in on the case as retained counsel on May 13th, 2010.  On July 6, 2010, Fry files the below "Ex Parte Motion to Acquire Records," asking Judge Maria Jackson to order the Ogg Law Firm to turn over their file on their deceased former client, Janet McAfee.


Now, normally, this would be the kind of thing that any self-respecting attorney would go to war over.  Like a journalist who would go to jail in contempt of court before revealing their sources, an attorney would proudly go to jail for contempt rather than ever allow their privileged Attorney-Client communication to be turned over.

Seriously, folks.  This is a huge deal and I personally know at least two criminal defense attorneys who were willing to go to jail rather than turn over their files to another lawyer without the client's permission.

In this case, you have Gerald Fry, Ken McAfee's attorney, asking for the confidential information shared between the Ogg Law Firm (by and through its representative, Kim Ogg) and their former client Janet McAfee, the murder victim of Fry's client. 

Don't get me wrong -- there is no harm in Gerald Fry trying to get their file.  He just should have expected Kim Ogg -- Victim's Right Advocate and former CrimeStoppers head -- to tell him to go to Hell.  Even if Judge Jackson were to grant Fry's request and order the file, any self-respecting lawyer who has ever represented a client (especially one that has been murdered) would go to jail before complying with that order.  

Quite frankly, there probably would have been no chance on Earth that Judge Jackson would have ever granted Fry's Motion, if it hadn't been for the "Certificate of Conference" he included at the end of his motion.
Um, holy betrayal, Batman.

The reason that Gerald Fry was filing the Motion to Acquire records was because he had already spoken to Kim Ogg eight days earlier and she had told him that she had no objection to turning over her file on Janet McAfee.

Kim Ogg agreed to turn over a murder victim's confidential file to the attorney representing the victim's killer.  She just needed a judge to sign off on an order to cover herself.

And the order was signed and the Ogg Law Firm turned over their Attorney-Client Privileged file to the Defendant's attorney.  Whether you are the most hard core of prosecutors or the most hard core defense attorney, this breach of confidentiality is stunning and mortifying.  The information in the file was damaging to the reputation of Janet McAfee, and the defense was absolutely not entitled to it.  Neither was the prosecution.

Nobody was entitled to see the information in the Ogg Law Firm's file on Janet McAfee.  Why? It was privileged.

To her credit, Judge Jackson quickly realized that the file on Janet McAfee was not Ogg's to give.  She ordered the Defense to return the file almost immediately.  Gerald Fry complied with that order.

But why did Kim Ogg ever think it would be okay to turn over the file in the first place?  Kim Ogg is many things, but she isn't stupid.

I've learned from credible sources that despite the fact that Jack Ogg was not currently representing Janet McAfee at the time of her death, he had hopes of representing her estate in a wrongful death lawsuit against Ken McAfee.  That would explain why he took to talking to the media so quickly after the murder.  But Janet McAfee's family didn't want the Ogg Law Firm to represent the estate.  Janet had gone to high school with a lawyer and her family wanted that classmate to be the lawyer on the wrongful death case.

Probably because that classmate was Kelly Siegler.

When the Ogg Law Firm learned that they wouldn't be handling any further legal matters on behalf of the late Janet McAfee, I guess they felt safe in giving their files and communications to her killer's attorney.  It seems like a very spiteful move from where I'm sitting.

Earlier this year, Ken McAfee was convicted of murder and sentenced to life in prison.

No thanks to Kim Ogg -- who would really appreciate your vote for District Attorney.



67 comments:

Anonymous said...

How the heck did Maria Jackson figure out something? That's the most disturbing part of all of this. It's like voodoo happened or something. Damn.

Anonymous said...

Boom, head shot.

Anonymous said...

Where was this a week ago before early voting started?

Anonymous said...

Wow. Just, wow.

Of course, Don will somehow blame Devon, Mike, you, Ryan Chandler, Allen Blakemore, and others for this.

Anonymous said...

Ogg is a nut case

A Harris County Lawyer said...

To the commenter who sent me the details on the real reason for Kim Ogg's departure from CrimeStoppers, would you contact me off blog if you are willing to provide verification? I won't publish your name without your permission.

David Ryan said...

Well, you're obviously back with the low rent hit pieces.

A Harris County Lawyer said...

"Low rent hit pieces?" Seriously David? It would be one thing if I was running a story about how Kim Ogg hated babies and puppies, but this is serious stuff.

Do you honestly think that it isn't relevant?

An attorney who willingly turns over her file to her client's opposition doesn't cause you a level of concern?

I had pretty much stayed out of this race until this information came across my desk. It was of enough concern to me to publish. I'm used to disagreeing with you, my friend, but I stand by this one's tremendous relevance.

Anonymous said...

No thanks to Kim Ogg -- who would really appreciate your vote for District Attorney.
~~~
She already got mine.

Anonymous said...

Ms. Ogg lost my vote when she had asking for everyone to vote for all the democrat judges. Some certainly. Others no way. Pure politics.

Anonymous said...

Go Devon! The family all voted today for Anderson.

Anonymous said...

Its great that Judge Jackson "quickly" ordered that Frye return the victims' file to Ogg, but really, isn't it to late to un-ring that bell? That sucks for the family and friends of Janet McAfee, just like it sucks for the 4 juvenile sexual assault victims Kim Ogg disclosed publicly. How many others are out there???

Anonymous said...

Murray, Ogg's dismissal from Crime Stoppers really should be publicized but so too should her dismissal from Houston's gang task force. Both are relevant to her candidacy given how she touts her professional experience as superior just as her hiring for both positions was based on her father's tenure in politics. If you'd like the details of her time at the city, I'm sure the city police union can hook you up with many who were assigned under her or worked with her including scores of retired ranking officials that claim she was crazy on her best days. Many of them have moved away from the area and have no particular axe to grind, or even any particular loyalty to the union, but their stories are chilling.

Anonymous said...

I don't usually encourage anyone to read the rag, Murray's "Kim Ogg, Attorney-Client Privilege and the McAfee Case" can be found on Chron.com currently. Check out the comment posted there from 'Mort.' Another account of professional mistreatment by Kim Ogg with a profit motive attached to it. Mort seems to have had a first-hand close encounter with the real Kim Ogg.

Mort, if you see this, please contact Devon Anderson!

Anonymous said...

Belinda Hill ought to be on the ticket.

The issue in November is not which DA candidate is best for Harris County but rather which is least corrupt!

The Blakemore, Hotze, Lowry pay to play monopoly needs to be stopped just as well as the Lykos/Ogg bullshit and the grieving widow crap........where is the honor?

Harris County needs a BH, KS, MN or even BI.

Anonymous said...

When HPOU issued the press release last week condemning Kim Ogg for releasing the identities of 4 juvenile sexual assault victims and expressed concerns about her fitness to be the DA, Kim tried to deflect it using her usual response, the same old 'this is just a desperate move coming from the conspiracy against (Ogg) between Devon and the union' theory....

But now we see that a totally unrelated outsider who calls himself Mort in reply to Murray's blog article featured on chron.com today about Janet McAfee. Mort's message has the very same ring of betrayal to it as seen in the Janet McAfee's story. Add four juvenile rape victims to that and the emerging pattern suggests that Kim Ogg has a long career history of putting herself first, ahead of clients and ahead of crime victims for money and publicity. And I must point out that the retaliatory aspect of the Janet McAfee situation screams classic LYKOS.

I know for a fact that Lykos and Hooper; Rachel appear publicly with Kim Ogg... so there really is no doubt as to who or shall I say what, is coaching Kim's cheap-shot political drivel.

I anticipate that this won't be the last tale of woe we will hear, suffered by someone who paid money to retain Kim or who had the misfortune of being the a crime victim during Kim's CrimeStoppers tenure.

Twilight Zoned said...

My dear anon three fifty;
Your picks are quite nifty.

The initials evoked;
A glimmer of hope.

Let me guess if I might:
Do tell all if I'm right.

BH has got to be Belinda Hill;
The sacrificial Anderson kill.

KS belongs to Kelly Seigler;
She shoulda been a keeper.

MN is our very own Murray Newman;
A man too honorable to be a politician.

BI doesn't ring a bell;
Maybe you can tell.

As grieving widow weaves her web;
So much more ought to be said.

Blakemore's pretentious piety;
Only fools Republican society.

Kimmy Ogg dug her grave;
Grieving widow got a save.

Chucky Chuckster gave Devon 5K;
But hey, that's okay he's in play.

Two more years will surely tell;
Republicans to go to hell.

Twilight Zoned

Anonymous said...

Justice is a misnomer in Harris County. Releasing victims names is unconscionable. I seem to remember a judge admonishing a rape victim for her actions.
Disclosing a client's confidential information
is unconscionable. Once its out there you will never be able to undo that. Ever heard of a copy machine.

I know several attorneys who take client information to their grave. I would never question or worry about their legal ethics.

Van you say malpractice?

Anonymous said...

Man Hooper is getting desperate. Wonder how he will take out his anger on the Mrs. once he reads this:
http://www.houstonchronicle.com/news/houston-texas/houston/article/In-person-turnout-in-early-vote-33-less-than-in-5849482.php

Anonymous said...

This could be your DA folks.

Wow.

https://www.youtube.com/watch?v=tXUjCQdF8DU&feature=youtu.be

Emily Shelton said...

Funny Newman didn't call or jerry or I about this theory of his. He and I were on the Mcafee case for 4 years. I was in every meeting with Kim. She didn't respond to our subpoena, called the State Bar for an opinion, and only gave it over when forced by court order.

If you notice, Neman doesn't quote any source. The first three paragraphs are rambling prose.

Murray is a narcissist who feed off his own beliefs.

You want a story Newman? Then call Jerry or I before you decide to ramble.

Or are you afraid to confront people?

Newman is also too weak to answer the numerous phone calls I've made to him today.

Coward.

Emily Shelton said...

Giggle. You have a setting that controls which comments are seen and which are not?

Free press and all that...

A Harris County Lawyer said...
This comment has been removed by the author.
A Harris County Lawyer said...

Hello Emily Shelton,

As I told you in the conversation we just had on the telephone, I was out of this afternoon, so I'm sorry I didn't get your message until ten minutes ago. Your message did crack me up, especially the part where you asked me "no, I demand you [to] call me back."

Now, I didn't realize you were riding Gerald Fry's coat tails on this case. I did, however, make it very clear that I didn't think he had done anything wrong in asking for the Kim Ogg's case file. There's no harm in asking.

I talked to several of the parties involved in this case and I had the documentation to back it up. I'm pretty comfortable that I've got my facts straight without asking for a non-named party's opinion.

I will try not to get upset when an attorney who has been licensed for less than half the time I have (and who has a completely different reputation) calls me names.

And yes, I moderate all comments ever since some moron tried to put Kelly Siegler's home address and where her daughters went to school in the comments section. Sometimes, I have to protect against idiots.

For you, I made an exception. Both of your comments are on here.

Emily Shelton said...

What's my reputation? I'm excited. What is it?

Emily Shelton said...

Forgot to mention. Jerry Fry is the best man I've ever known. He's been practicing longer than I've been alive. He has won cases that you and I couldn't. He is my mentor. I am honored by his partnership. I'm honored to ride his coattails, even if you're phrasing is impolite.

DPPooper said...

I am a political genius. I always support winners. In 2010 I supported Rachel Palmer and Danny Dexter. in 2012 I supported Pat Lykos, Robert Talton, Antonio Benavides and Lana Shadwick.

This year I am supporting Kim Ogg.

I like her chances. How about you?

A Harris County Lawyer said...

Emily, I agree with you that Gerald Fry has an outstanding reputation. I never questioned it.

Since you asked about yours . . .

Yours is one of a lawyer who has been licensed for less than six years. One who started and left the Midland County District Attorney's Office in the same year. One who is known to speak poorly of lawyers with much more experience in order to get a client. One who showed up about half the time during the McAfee case.

Need more?

Anonymous said...

Murray, that was pretty light if you ask me.

Anonymous said...

If Jerry Frye is her mentor, why is he never around when she's causing her disasters?

Emily Shelton said...

I'm disappointed. I was hoping for something more original from you.

I missed one day on Mcafee. True. I took half the witnesses, and closed with Jerry. I said last rites with Mcafee for two hours while we awaited the verdict. I spent 300 hours on that case.

I speak poorly of people, but I don't remember ever making money off it.

I worked for Midland DA for even less than you say. I was there 6 months and 6 days. I was fired one Friday afternoon, and was never told why.

The thing is, it's hard to beat someone that tells the truth.

"Anonymous"- put up or shut up. I don't respect those that hide in the shadows.

At least Murray and I respect each other enough to confront openly.

Anonymous said...

Apparently Devon is hard on shoes. According to Hooper she has a "tortured sole".

YZ Zipper said...

I like this Emily Shelton. Never heard of her before, but looked her up. I respect those whose ego is as big as their a**.

#mix-in-a-salad.

Anonymous said...

Murray, I'm sure Emily has no clue about her reputation since the bad ones never do. Give her time and many more will understand the phrase associated with her most often: "She's her own worse enemy." As far as why some prefer to remain anonymous, given the retaliatory nature of certain people who don't like hearing the truth, especially lawyers wanting their piece of flesh, many prefer the modicum of safety remaining anonymous offers.

Anonymous said...

So nobody thinks Gerald Fry is a bad lawyer or person for zealously representing his client in the McAfee murder case, right?

Then why are we having to suffer through all this collateral commentary from Gerald's assistant attorney. Until someone says otherwise, Gerald is A- ok and let's face it, nobody would be here providing commentary; good, bad or otherwise, but-for the election which will affect everyone to some degree working at the CJC.

With all due respect this is not about you, Ms. Shelton. Gerald Fry is a good and competent attorney; beyond that, nobody cares what you did toward Defendant McAfee's defense-seriously. Didn't he receive a life sentence or something equivalent? Was Donna Logan the prosecutor? Surely you don't accuse her of anything less than diligently representing her client- the State, in reference to a true victim, Janet McAfee? Not a good choice for a topic upon which to get on a self-centered high horse.

I am sure Gerald appreciates the props, but you too could have done yourself a favor by also choosing anonymity here rather than attempted martyrdom.

Gladly, Anonymous.

Anonymous said...

Maybe Devon's shoes are made of tortoise soles. She is always dressed impeccably, I loved the light blue dress she was wearing on TV recently when she once again, kicked some a%$ against Kim Ogg on one of the local news channels.

And it wasn't her usual tasteful apparel or good looks or anything else other than her experience, skill, intelligence, poise and her strong pro-victim pro-law enforcement message. Amazing how those true qualities come through even when the opponent wants to take it to the gutter.

Loved it!

William Perry said...

In case anyone remembers:

Super Bowl Shuffle (https://archive.org/details/SuperBowlShuffle)

here is Kiim Ogg's version:

https://m.youtube.com/watch?feature=youtu.be&v=tXUjCQdF8DU

Emily Shelton said...

Why in the worl are you asking if I thought Donna did her job? She is a great, and honest, prosecutor. Whether I'm on a horse or not.

Kim Ogg diligently represented her client. Vote for her or don't. But don't base your decision on a gossip column.

A Harris County Lawyer said...

Or perhaps one might think that the Estate and family of Janet McAfee might be the ones more qualified to determine if the Ogg Firm followed their duty to their daughter. I'm willing to guess that the second chair attorney defending the client's killer is probably not the best source of determining whether or not Kim Ogg "did her job." She wasn't doing het job if she agreed to turn the file over and didn't oppose the motion as was written in Gerald's motion.

And by the way, this "gossip column" has been around longer than you've been a lawyer, Emily. I wouldn't be quite so dismissive.

Anonymous said...

http://blog.bennettandbennett.com/2010/07/10-practical-rules-for-dealing-with-the-borderline-personality.html

Stop, both of you.

Anonymous said...

"And by the way, this "gossip column" has been around longer than you've been a lawyer, Emily. I wouldn't be quite so dismissive."

Pure gold.

Emily Sheltom said...

You weren't there, and I was.

Congrats on creating a long lasting gossip column.

Hope you read the paper today.

Anonymous said...

Sounds like someone might be angling for that long lost job with any DA's office with her boisterous Democratic support?

Anonymous said...

Emily, did you honestly just misspell your last name? Kind of suggests you are stupid!! ROFLMAO!!

Emily Shelton said...

Aww. Low blows from people who don't show their face. I was mistaken about Murray being the coward- anonymous is.

I misspelled my name (other anonymous). Hit the wrong key. But you use double exclamation point. Are you a high school girl?
You used an acronym that I don't understand, and I'm only 34. I bet you are an attorney who has practiced less than 3 years and doesn't have much experience. You are swayed by those around you, because you haven't established an identity for yourself. If my typo is the best jab you have... It is better to be thought an idiot than open your mouth and remove all doubt.

I'm not pursuing being a prosecutor. I have a firm I'm proud of. One i would never give up. Shelton Law Firm is tattooed on my bones.

Murray, I should not have called you a coward. Narcissist, wrong, and uninformed, yes, but you aren't a coward.

This conversation has run its course. We've devolved into correcting grammar.

This discourse has been... enlightening. The only person that ends with a particle of respect is Newman and myself.

The rest of you need to learn to have backbone. You're like children passing notes in class. If you can't be held accountable for your words, like Newman and i are, then they are truly useless.

Anonymous said...

Murray, will you please cut this girl off? I get the impression that she is one of those attorneys who just has to have the last word in trial- "oh yes you did," "oh no I didn't," "oh yes you did," ....

WE DON'T CARE HOW PROUD YOU ARE - go tell your daddy that stuff.

Let's see if you can resist the urge and just hush up.

Emily Shelton said...

Last word.

Gerald Fry said...


I'm very proud of the effort Emily Shelton put forward on the Ken McAfee case. She was my co-council and devoted as much time as I did to the case. She is a very talented attorney and I was fortunate to have her helping me on the case. Our defense was insanity and I realized that Kim Ogg represented Janet McAfee in Janet's attempt to obtain disability benefits for Ken McAfee. The disability benefits were based on Ken McAfees mental illness. I thought that possibly Kim Oggs file would contain information about Ken McAfees mental illness that would aide us in our insanity defense. I felt that Ken McAfee had a right to this file since it contained information about his disability claim.
1. I asked Kim Ogg for the file and she refused
2. I issued a subpoena and she still refused to release the records to me
3. Kim Ogg then consulted the Texas State Bar and they told her she could release the file if the judge issued an order
4. I then filed a motion to have Kim Ogg release the file to me and the court signed the motion ordering Kim Ogg to give me the file

Anonymous said...

Mr. Fry, as Murray points out, the morality of the situation is that Ogg SHOULD have fought it but she did not. Her duty was to her firm's client, not yours. Your due diligence to Ken McAfee required you to try and hers required her to resist. She did not, merely relying on a tactic as old as the profession itself so she'd have the ability to point her finger. Are you saying that you would have released the file because if you are, your stock drops considerably with a lot of folk.

Regarding reputations in general, whether based on pure technical competence, courthouse gossip, or one's dealings in person and social media, each of the four main players to this drama have their own. Mr Fry is generally well thought of as is Murray, despite or maybe partially because of Murray's "good guy" image when he could be a frustratingly naive prosecutor.

Ms. Shelton's reputation started several years back and to be fair, leaves some cold in part because of her personality and in part because of her conduct in and out of the court reaching back to before she was dismissed. Ms. Ogg's reputation from each of her positions is worse, not because of a lack of ability but her moral compass being askew. Take that anyway you like as it will not take food off your respective tables but just as Ogg likes to project blame and point fingers, Shelton has developed along the same lines, neither worthy of political offices at this writing.

Anonymous said...

How does David Jennings truly call himself a Republican??? His latest post shows his true color, i.e. blue!

Anonymous said...

And thanks to Tom Moran and Tom Zakes for calling him out on his blatant non-fact-based bashing in order to advance his candidate's agenda (yes, she clearly has an agenda and it is not to benefit the victims of crime in Harris County)!

Anonymous said...

Anon October 30, 2014 at 5:45 PM,
Jennings is part of the small crowd that wants payback for Lykos. As such, he will overlook any flaw because he is likely convinced Ogg promised some of those who ran from their misdeeds their jobs back as well as positions of influence under her reign. The world is full of political opportunists like that but most REAL Republicans already know that and will vote accordingly.

Anonymous said...

Check out Lisa Falkenberg's recent article in the Chronicle; Underdog Democrats' political blunders puzzling

When a member of the most politically left-leaning and Democrat forgiving news organization in Houston can no longer ignore the Democrats' political ads because the term "low blow" has been redefined to the point that you have to wonder, "How low can those Democrats go?" the rest of us are beginning to ask whether Hell hasn't in fact, frozen over!

Falkenberg scratches her head and asks, "Who advises those people?" In the DA race at least, it is not difficult to tell who the advisors are and because we know who they are it shouldn't surprise anyone that Kim Ogg has run her campaign into the ground. What is telling about Kim's character is that she allowed herself to be directed by these below the belt thugs (most of whom are supposedly Republicans who ordinarily wouldn't piss on a Democrat if he or she were on fire, much less a Dem who is openly gay) driven not so much to support Kim as a candidate but to exploit her in attempt to get political payback and probably get their county jobs back by helping Kim against the Andersons who exposed Lykos for what she is and ran her out of office.

The fact that Kim has let the likes of Pat Lykos, Rachel Palmer, and Don Hooper (three otherwise loud and proud Republicans) and Clint Greenwood (who is seething still because Anderson beat Lykos and who will need Ogg to give him another county job when Adrian Garcia leaves HCSO to run for Mayor) speaks volumes about Kim's lack of judgment and ethical instincts. The message brand is unmistakenly from these hacks, but the buck stops with Kim and her poorly chosen political commentary.

Anonymous said...

What role, if any, has Greenwood played in Kim's campaign?

Anonymous said...

Greenwood filed an open records request for DA time sheets.

Anonymous said...

Multiple news sources reporting Victor Trevino pleading guilty to a felony.

Anonymous said...

Seems to be true. Eat your words, Don Hooper and Big Jolly. He has now pled to a felony, sentence to he determined! So much for the State trying to wriggle out of trial. Biased liars, the both of you. Shame that Don has dragged Big Jolly down.

Anonymous said...

Someone needs to explain to Hooper how county pensions work. Trevino gets to keep his retirement even if he goes to prison. It's not like a Judge who can be stripped of his pension. You would think that Don would know that since his sweetie pie would not have lost her pension if she had perjured herself instead of taking five. Her pension is probably near and dear to his wallet

A Harris County Lawyer said...

"Explain to Hooper" is generally not a phrase that I have found to be productive in my life, any more than I have found explaining the tax code to my dog is productive. Hooper is an idiot of epic proportions.

He initially attempted to try and appear credible and reasoned. As less and less people paid attention to him, the more radical and ridiculous his writing became. His recent diatribe about "Why I Voted for Kim Ogg" on Big Jolly's blog was poorly received and would have saved a lot of typing if he had just explained that he voted for her because he was stupid and bitter.

Hooper knows that nobody reads his blog except for ADAs who just stop by to see what his latest babbling is. He knows this so all he does now is troll. If he realistically believed that anyone bought into his rants, he wouldn't be so bombastic. His idiocy is his own undoing.

He has written crap in volumes and persuaded no one. As a "Republican activist," he is nothing more than an impotent babbler.

Anonymous said...

look, i get that people read pooper's blog because it's nice to watch a train wreck as it happens, but really, what's the point? he and his crooked, unethical wife are no one. they're irrelevant. their base existence on earth is the result of pure chance. stop elevating their respiration into something more than it is: a biological function, like taking a shit.

as for ogg, she's setting standards she won't be able to meet if she makes it into office. and her having greenwood subpoena timesheets before she's even in office is sure to engender ill will, considering most of the people whose privacy she's invading have nothing to do with the petty, childish politicking she's engaging in by requesting those timesheets. what's she hoping to find that she couldn't have found after she won the position that was so important she had to ask for public employees' private information now?

and no, anderson's not perfect. no one is. but the name of the game in modern politics isn't "who's the most qualified;" rather, it's "who's the least slimy?" when viewed in that light, anderson is coming out the clear winner. it's just too bad that if she wins, she still won't be able to clear out the real problems at that office, because they're firmly entrenched with no intention of giving up the power they enjoy. the irony is, if they truly understood power, they wouldn't be such problems.

the saddest part of this entire election is that whomever wins will spend the next two years campaigning to keep the spot, leaving the office with less than their full attention. that's a disservice - to everyone. just let it be over already.

Anonymous said...

SLosing by 6.46 % does not make it a close race regardless of what the Chron says.

Anonymous said...

Please allow me to introduce myself
I'm a guy who can’t spell. I’m a flake
I've been around for a long, few years
Stole a man's blog, got time to waste

And I was 'round when Judge Pat
Had her moment of loss and pain
Tried to make sure that Newman
Could be fired once again

Aren’t you pleased to meet me
Hoop you guess my name
But what's puzzling you
Is the nature of my game

I stuck around CJC
I really did not want a change
The voters killed the troll and her ministers
Little Jimmy screamed in vain

I flashed a badge
Had no money in the bank
When Lykos raged
And the DAO stank

Aren’t you pleased to meet me
Hoop you guessed my name, oh yeah
Ah, what's puzzling you
Is the nature of my game, oh yeah

I watched with glee
When people got the big C
Rachel was winning her case
And Ogg got in the race
(Hoop, Hoop, Hoop, Hoop)

I shouted out,
Who didn’t re-elect Patsy?
When after all
It was you and me
(Hoop, Hoop, Hoop, Hoop)

Let me please introduce myself
I'm a guy without wealth or taste
And I snapped pix of grand jurors
When Rachel took the fifth that day
(Hoop, Hoop, Hoop, Hoop)

Aren’t you pleased to meet me
Hoop you guessed my name, oh yeah
(Hoop, Hoop)
But what's puzzling you
Is the nature of my game, oh yeah, get down, baby
(Hoop, Hoop, Hoop, Hoop)

Aren’t you pleased to meet me
Hoop you guessed my name, oh yeah
But what's confusing you
Is just the nature of my game

Just as every union cop is a criminal
And all the Ogg voters saints
As heads is tails
Just call me the Hoopster
Cause I'm in need of some restraint
So if you meet me
Have some courtesy
Have some sympathy, and some taste
Use all my well-learned politics
Or I'll lay your blog to waste, um yeah
Aren’t you pleased to meet me
Hoop you guessed my name, um yeah
But what's puzzling you
Is the nature of my game, um mean it, get down
Hoop, Hoop,Oh yeah, get on down
Oh yeah
Oh yeah!
Tell me baby, what's my name
Tell me honey, can ya guess my name
Tell me baby, what's my name
I tell you one time, you're to blame
Ooo, Hoop
Ooo, Hoop
Ooo, Hoop
Ooo, Hoop, Hoop
Ooo, Hoop, Hoop
Ooo, Hoop, Hoop
Ooo, Hoop, Hoop
Oh, yeah
What's my name
Tell me, baby, what's my name
Tell me, sweetie, what's my name


Anonymous said...

hey Don:

http://m.youtube.com/watch?v=2-CnmVVHIzU

Anonymous said...

Anon 5:28pm
LOL at my desk but no sympathy for that particular devil!
Well played sir!

Anonymous said...

I've been in energy trading since graduating from A&M in 1989 and proceeding to a Rice MBA.

Crude oil, refined products, natural gas, power & NGLs. Individual contributor on logistics and commercial, desk head, principal and back again. I'm no rock star but know the real players.

This Hooper guy -- he hasn't traded a Btu to anybody reputable ever. Energy trading isn't the most lucrative or respectable profession since the E blew up but I resent being lumped into buckets with buffoons like this idiot.

Please desist.

Lancehac said...

Murray,

I substantially agree with your thesis about attorney-client privilege.

I must point out that there is also notable mitigation here - our own State Bar of Texas gave Ogg guidance/directive to obey a court order to produce.

YET, I do emphasize that the defense motion DID state "no opposition." Why no opposition??? Therein lays the crux of Ogg's dereliction to protect client privilege, not so much that she actually produced the client's file - that was by COURT ORDER!


Murray, endorsing a licensed attorney to willfully disobey a direct, written court Order??? Didn't judge Roy Moore from Alabama get removed from office and an ethics violation for DISOBEYING A COURT ORDER?!!! (involving a court building statue; another time, disobeying a federal court mandate regarding gay marriage).

Couldn't you be brought up on ethics volition for clearly endorsing such blatant, willful contempt of court?

Murray Newman said...

Lancehac,
You're kidding, right? Attorneys standing up to judges who are doing the wrong thing is pretty much the basis of the entire appellate industry. And you seem to be ignoring the fact that Ogg basically requested the judge to order them to turn over the info.

I really hope you aren't a lawyer.