The "Genius and Miraculous" District Attorneys' Office
Oh man.
Kimbra.
Just when I think she can't be a more shamelessly self-aggrandizing politician, she pulls something new out of her little white Boss Ogg hat.
. . . unlike the DEFENSE BAR, whose only duty is to THEIR CLIENTS . . . GUILTY OR NOT! . . . prosecutors are tasked under the law with protecting everyone's rights, in our search for the truth in every single case.
And then she finishes with . . . .wait for it . . .
. . . And that's why I call us the Guardians of Justice!
Gag.
Highlight # 3 -- Blame the Judges and their Low Bonds
So, apparently, the real masterminds behind the "Crime Wave" affecting Harris County are those damn judges who are letting everyone out of jail. At the 13:30 mark, almost a full minute after blasting the Defense Bar, Star Lord Kimbra goes after the Judiciary.
While we know that 55 hundred violent offenders are in jail awaiting trial [TRANSLATION: "waiting on discovery"], tens of thousands more are out on bail. At least four thousand of them are repeat and violent high-risk offenders on ankle monitors. Let's get them to trial!
Seriously, go back and watch how Kim sounds like a high school cheerleader when she exclaims that "Let's get them to trial!" part. It's plain silliness. Like she just came up with that idea and is suddenly yelling "Go team! Go!"
But wait, there's more.
She takes a potshot at Pre-Trial as she continues to levy the blame for the carnage and maiming (yes, maiming) affecting Houston on these damn low bonds.
We've seen defendants commit crimes even while wearing ankle monitors and we know that we're rarely notified. It's these repeat and violent offenders, freed on insufficient bail, who are contributing to the crime wave that's killing, injuring, maiming Houstonians.
Highlight # 4 -- the Emergency Case Backlog Reduction Program
Once done blaming everyone but herself (and also, strangely, Covid) for the backlog, Kim gets down to business by rolling out her new idea called the Emergency Case Backlog Reduction Program.
This new and innovative program authorizes overtime and extra pay for prosecutors to examine cases and determine whether or not they are serious or violent offenses. If they are not, offer Diversion Programs that help move less serious cases.
What a fantastic idea. Wish I had thought of it. Better yet, I wish she had implemented it at, you know, like at the START of the pandemic.
The defense needs to respond. After all, it's in their clients' best interest.
Um, yeah. The first time I let a grandstanding-ass-politician like Kim Ogg tell me what's in my client's best interest is the day I need to hang up my law license.
Diversion programs are very nice resolutions to the cases the State can actually prove, but if Kim thinks attorneys are going to be flocking to those programs without evaluating the cases against their clients first, she's really banking on a large batch of ineffective defense attorneys. Diversion Programs are not a substitute to fighting a bad case, just fyi. In addition to having the tool of a diversion program, Kim needs to make sure that her prosecutors know that they can dump a piece of crap case without repercussions, as well.
Take charge, Senior Prosecutors. Help us make this program work!
There is no doubt that experience matters and Kim is right to call upon the senior prosecutors to help combat violent crime. There's just one small problem with that...
She's fired or otherwise run off the vast majority of them.
Team, we have a big job ahead of us, but the STATE is ready!
Those of us who practice in the CJC know that under Kim Ogg's leadership, nothing could be further from the truth.
Comments
Also, you phrased it as diversion programs for non-serious and violent cases, but if I remember correctly she stated the “informal diversion” is for “non-victim cases.” No idea how she will define “non-victim cases.” Are UUMVs, Trespass, or theft 3rd victim cases? Technically, yes, but a theft 3rd from Walmart, while technically a victim case is a case that should be last of this program. Depending on how this is defined, there may not be many of these cases in felony court.
All and all, there was a lot of talk in this statement, but no details for a program that starts in just over a week and the devil is in the details.
Yeah, I did leave that part out. There was so much other material that I guess I just skipped over it. That whole part of the plan isn't going to work either. She knows it.
Everyone is to blame and failure to recognize this makes you one of the bigger problems. At least Kim ogg is trying
Defense attorneys have no role in helping prosecutors send people to prison more efficiently. Generally, our role is the opposite. In some cases, it might be in a client's best interest to remind prosecutors to do something. In most cases it certainly is not. The backlog is not the fault of defense attorneys. Nor is it our problem. Prosecutors decide what to charge, prosecutors decide what to dismiss, prosecutors gather evidence and turn it over, prosecutors decide what to offer. This is squarely your problem and responsibility. Go ahead and fix it. Or don't. But recognize that it is Ogg's job to do so. Which is why I know it won't get fixed.
Are these liberal judges issuing MRP warrants or are their probationers running around doing what they want?
It depends on the violation. They will issue the warrants on new law violations and absconders. They aren't doing them so much on dirty UAs. They are bringing people in for conferences on less serious violations. It's definitely not a scenario where they are throwing people in prison as the answer to even small violations. That's a good thing.
In the bail bond handbook published by the Texas Association of Counties, it even neutrally states that bail is necessary as a practical matter to keep the jail population down. This is the real nuts and bolts of running a county. Most conservative voters don't know better, but the people perpetuating this BS certainly do.
With COVID bringing real, unmasked, and in person criminal jury trials to a halt (and even more importantly, civil debt collection as well), it was bound to happen that the jail would fill up. So you have to make choices about who you really need to keep in there.
One annoying example of this phenomenon is the murder of Corey Lennard Thompson. The family is trying to make so much political hay out of their dead son by bringing up the issue that the guy accused of murder was out on bond. The only thing he was out on bond for was some chickenshit assault case where he punched a dude over a dispute about girl. What is a judge supposed to do? Keep him locked up for two, three years until we can get to a misdemeanor assault trial? Most people haven't even thought through it this far.
Hey boomer, you're not for "law and order" if you tear down our legal system just because judges from the opposing party do their mandatory public duty in setting bail. If you're a real conservative, stop complaining about the fact bail exists. You want bail to disappear because you're desperate to make short term political gains in county politics? Be careful what you wish for.