Tonight's Reasonable Doubt (5/31/12)

Please join Todd Dupont and me for tonight's Reasonable Doubt as we do our post-election analysis and discuss the upcoming races in November.  Our guest will be aspiring TV personality and die-hard Republican, Franklin Bynum.

As always, the show is on the air live at 8:00 p.m., and you can watch it live-streaming on the internet by clicking here.

Election Wrap Up

Well, I'm not going to lie.  I woke up with a smile on my face this morning.

I keep remembering that in December of 2008, I got fired from the same job by two different people.  Last night, Pat Lykos got fired by 90,842 people.

My analysis of the election is mostly just a confirmation of what I've always thought.  In 2008, Lykos and Leitner won the Election only by getting into a run-off with Kelly Siegler.  The 2008 election wasn't the rejection of Kelly -- it was just the successful manipulation of politics by Lykos.  I have been cautiously optimistic about the 2012 Election ever since we learned it was only going to be a two-person race.

The fact that the voters in Harris County got the message from the Criminal Justice Center is a relief.  Time and time again, I heard the old line about how "nobody cares what is going on in the CJC other than the lawyers" and that those things Lykos was doing didn't bother the General Public.  I kept remembering back in 2002 when a judge named Janice Law did such a bad job on the bench that she didn't make a run-off in her own primary as an incumbent.  I had to hope that if the word filtered to the public about Judge Law's poor performance then, surely Lykos' performance would be known as well.

The fact that Judge Anderson's victory over Lykos was so crushing seems to illustrate that assessment was correct.

There were a lot of ecstatic Harris County prosecutors at the Anderson Party last night.  I'm so very happy for all of them.  When I got canned by Lykos in 2008, I kept saying that I was afraid "the living would come to envy the dead," and sadly, I was right.  The Lykos Administration ran off over 90 prosecutors in four years, and quite frankly, I'm surprised that was all.  Those who stayed there for the past four years and just kept on doing their job have my admiration.  I honestly don't know what I would have done under the circumstances.

You all deserve a huge round of applause.  Even if Pat Lykos moves you all to the Justice of the Peace Division for the next seven months.

Lloyd Oliver's victory is an absolute stunner, and if anyone thinks that means an easy November, think again.  Zack Fertitta is a million times more qualified than Lloyd ever thought of being and he lost.  If  you think that isn't a possibility of happening in the Fall, think again.  Unless the Election is going to be decided by a Spelling Bee, we need to get ready to work every bit as hard in the Fall as we did in the Spring.

Speaking of Zack, if there is any silver lining to the Democratic race, it means that there won't be an ugly campaign between Fertitta and Anderson.  Zack Fertitta is a good man and he was running to help an Office that he cared about like we all do.  I appreciate him running and making the effort.  Last night's Democratic race speaks volumes about the lack of information the Dems had.

Kristin Guiney proved last night that you cannot buy an election (no matter how many poll workers you hire off of Craigslist) with her trouncing of Lana Shadwick.  I couldn't be more happy for her.  Big congratulations also go out to Ryan Patrick and Renee Magee, who won their (not-quite-as-hotly-contested) races, as well.

No evening is ever perfect.  Joe Vinas lost to Robert Summerlin, which is a shame.  Joe was the better and more experienced candidate.  On a selfish level, I'm glad that he's staying as a prosecutor, though.  He will succeed no matter where he goes.

Crickets are chirping over on Don Hooper's blog, although I don't expect that to last.  I don't think he ever realized that his words of hatred did very little for his cause.  Instead, they inspired a legion of people to work even harder to beat Pat Lykos.

I have no idea what Rachel Palmer's career will be from here on out at the D.A.'s Office, but I would guess her days are numbered.  A while ago, I heard through the grapevine that she was promised a job by Robert Talton if he wins the County Attorney's seat.

Gary Polland showed that he is still as non-influential as he has ever been.  The endorsements he gave in the Criminal Courthouse Elections were roundly rejected.  That's ironic since he was the only one of the slate mailers who worked in the criminal arena.  I guess the message is that Gary's reputation in the CJC world is pretty the same in the outside world as well.  He's just a putz and his recommendations mean nothing.

And finally, many people have asked me what I would do (and or blog about) if Lykos lost.  Well, I guess I'm going to just keep going to work.  I told Judge Anderson when he first announced that I wanted to help him and that I didn't want my job back in return.  I just wanted a good leader back in that Office.

He more than lived up to his end of the bargain.

So, we'll see what topics come up in the months and years to come.  I'm sure Lykos will give me some material over the next seven months.

In the meantime, I'm going to start doing more non-profit work, and I would like your help.  I'm asking that all my readers donate to an Adult Literacy Campaign in the name of Don Hooper.  You don't have to sign your name to it.

Just send a check in the amount of $49.99 and we'll all know where it came from.

Election Day

Hopefully, if you are reading this, you voted at some point over the past two weeks and all you need to do is wait for tonight's election results.

If, however, you enjoy the experience of voting on Election Day, please don't forget to get out there and vote!  You can only vote at the polling location where you are zoned to today.  If you need help figuring out where to go, try clicking here.

It is hard to believe that this campaign season is finally (mercifully) coming to an end.  I'm exhausted and I wasn't even running for anything!  My heart and admiration goes out to those candidates who put themselves through so much for the opportunity to serve the Public.  If you have never worked closely with a campaign, you have no idea about all of the time and effort that these fine men and women running for office go through!

So the very least the rest of us can do is get out there and vote today.

If you have some extra time today and can actually work at a polling location for a candidate, let me know and I'll get you set up.

Most importantly, just make sure that you and your family and friends have voted.

Go vote for Mike Anderson!

Go vote for Kristin Guiney!

Go vote for Joe Vinas!

Go vote for Ryan Patrick!

Go vote for Renee Magee!

And vote against Jarred Woodfill by voting for Paul Simpson!

Hopefully this will be my last transmission until after we have the results in.  I will be doing some tweeting throughout the day over anything relevant that crosses my mind regarding the race.

Of Frat Houses and Leadership

As you all know, today is Memorial Day.  We honor those Veterans who lost their lives in the defense of our Nation.  It seems to me that nothing could be more appropriate than for the day following Memorial Day to be Election Day.  Obviously, the latter could not exist but for the former.

I'm not a Veteran.  I'm the first generation of my family who isn't.  My public service consisted of my time at the District Attorney's Office and by no stretch of the imagination is that comparable to the men and women of the Armed Services who get shot at as part of their daily job description.  There are very few similarities between the jobs of a soldier and a prosecutor unless you examine them by way of analogy.  The camaraderie and the feeling of working toward a goal larger than your own interests are the first of the similarities that come to mind.  Both deal with a subject matter that the general public would prefer not to be forced to discuss or confront during polite dinner conversation.

Yet the job of the Prosecutor rarely seems to get anything even close to widespread respect and appreciation.  Every prosecution thought to be too "over-aggressive" unleashes criticism from the Defense Bar, the Media, and the ACLU.  The good deeds and the soul-searing work that prosecutors do are swept away as they are all painted as Constitution-stomping imbeciles that could have "never cut it in the private sector."

However, the reality is that the men and women who become prosecutors forsake the idea that their shiny new law degree is going to be their ticket to great wealth and fortune.  They enter into public service with the idea of making their community safer.  Most don't begin a career with the District Attorney's Office with the idea of prosecuting misdemeanors for the rest of their careers -- they want to try the serious cases.  They voluntarily sign up to some day be able to prosecute robberies, brutal assaults, sexual assaults, child abuse cases, and murders.

To a large degree, it takes a somewhat warped personality to be able to do that job for an extended period of time.  In Harris County, a prosecutor has to rise to the level of Felony Two (which takes a little over three years) before handling those types of cases.

The prosecutors who do stay and try those types of cases are soon on the fast track to finding themselves very jaded.  Gory crime scenes, autopsy reports, interviews with child victims, and inconsolable family members will become the staple of that prosecutor's day.  They will quickly realize that what they do every day is not polite dinner conversation, and generally the only people they find themselves comfortable talking to are other prosecutors, police officers, and sometimes, defense attorneys.

The job descriptions of prosecutors, cops, and defense attorneys ultimately create a tight-knit group of friends, much like how soldiers are bound to each other by their common experiences.  Prosecutors eat together, drink together, celebrate life events with each other, vacation together, and sometimes even marry each other.  They enjoy each other's company and they enjoy the camaraderie that others in the private sector cannot be a part of.

Which makes the fact that Pat Lykos calls that camaraderie a "Frat House" so incredibly insulting.  Lykos was never a prosecutor which put her arrival as the District Attorney on January 1, 2009 a bitter pill to swallow.  Unlike the men and women that she was now "leading," she had never done anything that began to earn the respect of her people.  She would have the opportunity if she wanted -- nothing precluded her from trying a case and getting into the mix.

But she never did.

Rather than try to lead from the Front, Lykos started her tenure by eviscerating her soldiers.  She publicly ripped two of her most respected prosecutors on the front page of the newspaper within three months of her arrival.  She refused to stand with other prosecutors as they received awards from the FBI.  She disregarded the advice of the senior prosecutors below her, and only listened to the words of the mid-level bureaucrats she filled her "Leadership Team" with.  Words of wisdom from prosecutors who had been in the trenches were discouraged and any type of constructive criticism was met with the reply, "Lots of people would like to have your job."

She's selectively let the crimes of a favored few go unprosecuted, and embroiled herself in two Grand Jury investigations.  When her Deputy Misdemeanor Division Chief announced to Harris County that she wouldn't answer a Grand Jury's questions about her job for fear of incriminating herself, she was promoted within the Office.  To this day, that prosecutor's salary remains approximately $20,000 more a year than her peers with similar experience.

And to this day, Pat Lykos has never entered into a courtroom to try a single case -- not even one where a Police Officer has been killed.

So, for Pat Lykos to brag about having taken the "Frat House out of the Courthouse" is beyond insulting. In fact, it is obscene.  To disparage the Men and Women who work for her -- the ones who have operated with integrity and honor -- while operating like a stereotypical evil bureaucrat defies logic.  Her supporters and Republican bloggers who have no knowledge of Criminal Law dismiss her disgruntled prosecutors as "whiners" and never examine the fact that their complaints are so very legitimate.  They applaud the ninety-plus prosecutors who have left under Lykos' reign, and hope there are "150 more" that she runs out, as well.

The Harris County District Attorney's Office is floundering under not just a lack of Leadership, but an Enemy from Within.  The quality of prosecutors will continue to dwindle unless someone can come in and stem the bleeding, and stem it quickly.

Remember way back when the D.A.'s Office used to give Dick DeGuerin a run for his money?

Mike Anderson is a former prosecutor who was a Leader when he was at the Office.  His co-workers respected him.  He wasn't afraid to try cases -- and win them.  He understands the drive and determination that prosecutors have -- and need -- to be effective in what they do.  He is a man who will stand behind his people as long as they are doing everything they can "to do the right thing" and he will go to the Ends of the Earth to re-establish the Office's integrity.

Judge Anderson retired from the 262nd District Court bench in 2010, and by all means, he was more than entitled to a great retirement after decades of public service.  From a financial and time standpoint, there was absolutely no incentive for him to re-enter the fray by running for District Attorney.

But True Leaders are called to lead and they cannot sit idly by when they know that something or someone needs help.  Mike Anderson loved the Harris County District Attorney's Office like a family.  If you have never been a part of something like that, it is virtually impossible to explain.  From the Bench, he was able to see the Office crumbling under the weight of Lykos.  He saw prosecutors and former prosecutors approach him and implore him to do what he could to save it.

And like a True Leader, he answered that call.

Since announcing his candidacy, Mike Anderson has done everything that could be asked of a candidate trying to save the District Attorney's Office.  He's appeared at every event, attended every debate, and talked to everyone willing to listen to him.  His drive and determination to do what has been asked of him has been exemplary.  He has had to endure the insults and attacks from his opponent and her supporters.  I can guarantee that the past six months have been starkly different from those he envisioned when he first thought of retirement.

But True Leaders make personal sacrifices, and that's what Mike Anderson has done.

Whatever happens tomorrow cannot be predicted. He has given everything he has and so have his supporters.  Whether he wins or loses the election will dictate the direction the Harris County District Attorney's Office will take in the future -- for better or for worse.

But no matter what happens, it was encouraging to see what a True Leader looks like again.  It was something that has been missing for the past three and a half years.

Suzanne McDaniel

As Calvin mentioned in the comments yesterday, Suzanne McDaniel, the founder of the Victim's Assistance Program within the Harris County District Attorney's Office under Carol Vance, passed away last week.

I can't say that I ever met her, but I admire the work of all those in the Victim-Witness field.  As a prosecutor, I can't tell you how many times I relied on the wonderful people in Victim-Witness to hold the hand of a victim's family or a survivor of a violent crime.

The compassion that the good people of Victim-Witness show every day is amazing.  It isn't amazing that they have compassion, exactly.  It is amazing that they are able to get up every day and go to work and have to deal with such sadness.  They lend strength and encouragement where there often is none.

There is a very nice article on Ms. McDaniel in the Chronicle today.  I just wanted to do a post that people around the CJC were welcome to comment on here as well.

The Appropriate DIVERT Candidate

One of the many complaints that people have with the illegal DIVERT program established by Pat Lykos at the Harris County District Attorney's Office is that it is entirely too arbitrary in who it does or does not allow into the program.  This begs the question, "What characteristics makes one a good candidate for DIVERT?"

Well, apparently Erick Erminger was a good candidate per the Lykos Administration and aspiring Judge Roger Bridgwater.  He was screened and placed on DIVERT by ADA Roger Bridgwater on May 27, 2010 and had his case dismissed on June 13, 2011.

I guess he was one of Lykos' "success stories" until this happened.

Per KHOU's website:

According to police, Erminger called his girlfriend, Jennifer Lynette McKinley, late at night on Friday, May 18, asking her to come pick him up from a bar, because he was too drunk to drive.

Once McKinley brought Erminger back to their apartment, police said they got into a fight, and Erminger killed her.

You could argue that his DWI dismissal is unrelated to the murder and you may possibly be correct.

But it is nice to have some idea what the criteria is for DIVERT acceptance.

Last Day to Early Vote

Okay Ladies and Gentlemen, today is the very last day you can Early Vote.

If you are registered, you can go to ANY location in the county between the hours of 7 a.m. and 7 p.m. to vote.  After 7 p.m. tonight, the polls close and Early Voting is over.

There is NO Early Voting this weekend.

You will have to wait to Election Day on Tuesday, May 29th at the location you are zoned to ONLY.

Here are the Early Voting Locations.

Go vote for Mike Anderson.

Go vote for Kristin Guiney.

Go vote for Joe Vinas.

Go vote for Renee Magee.

Go vote for Ryan Patrick.

Go vote for Leslie Johnson for County Attorney.

And make sure you vote for Paul Simpson over Jared Woodfill for GOP Chair.

Tuesday is going to be a long day and absolutely NOTHING has been decided.  Your vote matters more than ever, so get out there and vote for these great candidates!

An Insight Into Office Morale under Pat Lykos

Although any prosecutor (or other employee) of the Harris County District Attorney's Office is too smart to risk being fired by supporting anyone other than Pat Lykos for D.A. in this election, there are some signs of rebellion coming from the Office.

In this post, I suggested that any prosecutor who wished to remain anonymous (and support Mike Anderson's campaign) could donate $49.99 and not have their name disclosed under the law.  This morning, I learned thus far, there have been 65 donations to the Mike Anderson campaign in that exact amount.

Thinking about how many prosecutors were willing to give their hard-earned money to the Anderson campaign in the hopes of bringing better leadership to their jobs got me to thinking about the prosecutors who left during the Lykos tenure (or in immediate anticipation of her arrival).

These are the folks who Lykos waived off as being the "normal rate of attrition."  I thought it might be worth taking a closer look at those individuals who, if not but for the Lykos Administration, would most likely still be working there today.

1.  Bert Graham (Retired)  --  former 1st Assistant who offered to stay on briefly and help with transition, but was rebuffed by Lykos Administration.
2.  Lyn McClellan (Retired) -- former trial bureau chief.
3.  Marie Munier (Retired) -- former trial bureau chief
4.  Murray Newman --  Felony District Court Chief. Contract not renewed under Lykos.  And then fired again!
5.  Luci Davidson -- Felony Division Chief.  Contract not renewed by Lykos.
6.  Joe Owmby -- Felony Division Chief.  Contract not renewed by Lykos.
7.  Vic Wisner -- Felony Division Chief.  Contract not renewed by Lykos.
8.  Craig Goodhart -- Felony Division Chief.  Contract not renewed by Lykos.
9.  Mike Trent --  Felony District Court Chief.  Contract not renewed by Lykos.
10.  Donna Goode  -- Bureau Chief.
11.  Stephen St. Martin -- Felony District Court Chief & Special Crimes Prosecutor.
12.  Kristin Guiney -- Felony District Court Chief.
13.  Dan Rizzo --  Felony Division Chief.
14.  Lester Blizzard -- Felony District Court Chief.
15.  Mark Donnelly -- Felony District Court Chief.
16.  Don Smyth --  Felony Division Chief.
17.  Carvana Cloud -- Felony Two.
18.  Edward Porter -- Felony Chief.
19.  Shirley Cornelius -- Appellate Senior Prosecutor.
20.  April Silva -- Misdemeanor Chief/Felony Three.
21.  Warren Diepraam --  Felony District Court Chief & Head of VATS Team.
22.  Brent Mayr -- Felony District Court Chief.
23.  George Weissfich -- Felony District Court Chief.
24.  Craig Feazel -- Felony District Court Chief.
25.  Sylvia Escobedo -- Felony District Court Chief.
26.  Will Womble -- pretended to be a Felony District Court Chief, but actually a Felony Three.
27.  John Craig Still -- Felony District Court Chief.
28.  Paria Rafiee -- Felony District Court Three.
29.  Jim Norris -- Bond Forfeiture Division.
30.  Jeremy Gordon -- Misdemeanor Chief/Felony District Court Three
31.  Ann Lee Mosley -- Felony District Court Two
32.  Sean Teare --  Misdemeanor Chief/Felony District Court Three
33.  Matt Campbell -- Misdemeanor Chief/Felony District Court Three
34.  Michelle Mishoe --  Not sure of Seniority Level
35.  Erin Jackson -- Misdemeanor Chief/Felony District Court Three
36.  Nathaniel Pitoniak --  Misdemeanor Chief/Felony District Court Three
37.  Marti Samuel -- Not sure of Seniority Level
38.  Andrea Perrard -- Not sure of Seniority Level
39.  Tonya Rolland -- Misdemeanor Chief/Felony District Court Three
40.  Michael Moore -- Misdemeanor Chief/Felony District Court Three
41.  Brad Means -- Misdemeanor Chief/Felony District Court Three
42.  Jacquelyn Stewart -- Not sure of Seniority Level
43.  Kris Moore -- Juvenile Felony District Court Chief
44.  Priya McMorrow -- Felony District Court Two
45.  Yvette Feay --  Not sure of Seniority Level
46.  Girija Bhargava --  Not sure of Seniority Level
47.  Billy Skinner -- Not sure of Seniority Level
48.  Kelly Selinidis -- Misdemeanor Chief/Felony District Court Three
49.  Coby Henson -- Not sure of Seniority Level
50.  Kimberly M. Miller --  Misdemeanor Chief/Felony District Court Three
51.  Kurt Hopke --  Misdemeanor Chief/Felony District Court Three
52.  Katie Sweeten -- Not sure of Seniority Level
53.  Suzanne Emilady --  Felony District Court Two
54.  Marc Brown --  Felony Division Chief.
55.  Philip Perez --  Misdemeanor Chief/Felony District Court Three
56.  Rifi Newaz -- Felony District Court Two
57.  Daphne Newaz -- Misdemeanor Chief/Felony District Court Three
58.  Denise Bradley -- Felony Division Chief
59.  Jack Roady -- Senior Appellate Prosecutor
60.  Andrew Leuchtmann -- Felony District Court Two
61.  John Jocher  -- Felony District Court Chief
62.  Will Graham --  Felony District Court Two
63.  Samantha Cox -- Misdemeanor Chief/Felony District Court Three
64.  Brionna Ketchum -- Misdemeanor Chief/Felony District Court Three
65.  Layne Thompson -- Misdemeanor Chief/Felony District Court Three
66.  Brad Loper -- Felony District Court Two
67.  Jon Stephenson -- Felony District Court Chief
68.  Eileen Bogar -- Felony District Court Chief
69.  Michael LaMendola -- Felony District Court Two
70.  Shreya Shukla --  Felony District Court Three
71.  Kate Skagerberg -- Misdemeanor Chief/Felony District Court Three
72.  Jamie Collier Burns -- Felony District Court Three
73.  Charissa Sloan -- Misdemeanor Chief/Felony District Court Three
74.  Stacy Matthews -- Misdemeanor Chief/Felony District Court Three
75.  Darrin Darby -- Felony District Court Chief
76.  Kevin Petroff --  Felony District Court Chief
77.  Leah Shapiro --Felony District Court Two
78.  Scott Pope -- Felony District Court Two
79.  Elizabeth Whited -- Misdemeanor Chief/Felony District Court Three
80.  Bill Hawkins -- Felony Division Chief
81.  Josh Hill -- Senior Appellate Prosecutor
82.  Alison Secrest -- Misdemeanor Chief/Felony District Court Three
83.  Neelu Lambert -- Felony District Court Chief
84.  Jeannie Dickey -- Misdemeanor Chief/Felony District Court Three
85.  Jessica Estrada --  Felony District Court Two
86.  Gemayel Haynes -- Misdemeanor Chief/Felony District Court Three
87.  Laura Killinger -- Felony District Court Two
88.  David Nachtigall --  Felony District Court Two
89.  Kimberly D. Miller --  Felony District Court Two
90.  Stephen Pierce --  Not sure of Seniority Level
91.  Colin "Judo" McLaughlin --  Misdemeanor Chief/Felony District Court Three



This list is not all-inclusive, but it should give you an idea of why I could never keep up with writing "goodbye posts" AKA "Office Obituaries."

"Normal Rate of Attrition," my ass.  Lykos is running good and experienced prosecutors out of that Office at a staggering rate.

Tonight's Reasonable Doubt (5/24/12)

Please join me and Todd Dupont for tonight's Reasonable Doubt with our guest, new HCCLA President Chris Tritico.  It has been several weeks since my last appearance, and I apologize for the long-haired hippy that Todd got to fill in for me.  I know that I will be much more entertaining.

We're going to probably be talking about some politics and election fever, so please tune in at 8:00 p.m. tonight.

As always, you can watch it live streaming by clicking here.

Three Days Left - Go Vote

This time next week, you'll be waking up to learn the results of the Republican and Democratic Primaries.

Hopefully, you've already voted by now, but if you haven't, get off your rear end and go do it.

If you have already voted, now is a great time to start calling and e-mailing your friends and making sure that they've voted already.

Yes, it is time to start annoying them into voting.  They will forgive you.  Eventually.

Early voting ends on Friday and then you'll have to wait until Election Day to vote.

If you need more information, click here.