Hank Skinner Goes Before Texas High Court for DNA Testing Request the Same Week that Two More Men Exonerated in Dallas Based on DNA Testing of Trial Evidence After Serving 30 Years on Wrongful Conviction

Innocent men and women set convicted in Texas jails and prisons: it's a harsh reality that serves to fuel the passions of criminal defense attorneys everywhere, since defense lawyers know better than most how unfair and frustrating the criminal justice system can be.

Today, for example, Hank Skinner will be arguing his case before the Texas Court of Criminal Appeals.  Oral arguments, in fact, may be happening as this post is being typed but it will be months from now before the High Court issues its opinion.  (You can follow Hank Skinner's case via its online docket here, as Cause No. AP-76,675 styled Henry W. Skinner v. State of Texas.)

Will a Hank Skinner DNA Test Prove His Innocence?

Hank Skinner sets on Texas Death Row, a man who has consistently claimed his innocence.  During his criminal trial, it is admitted that his criminal defense lawyers made the strategy decision to NOT ask for Mr. Skinner's DNA to be compared to all the evidence.  Why the prosecutors didn't bother to check this out long ago, well that's a different story. 

Since then, it's been found that there were several pieces of evidence that did indeed have DNA from an unknown source -- NOT Mr. Skinner (for details, read here.).  Who was this unknown person at the crime scene?  Good question. 

Understandably, Hank Skinner has been fighting hard for that DNA testing and we've been monitoring his fight.  For details, check out our earlier posts including:

• Hank Skinner Execution Still Set 4 Today – France Is Asking for Delay. That’s Right. France.
• Hank Skinner Wins Again: US Supreme Court Grants Cert in His Quest for Post-Conviction DNA Testing
• Texas Prosecutors Come Under Increased Scrutiny in Texas: Hank Skinner Stay Within Weeks of Michael Morton Release 

Exonerations of James Williams and Raymond Jackson: This Week's Examples of Innocent Inmates and Justice Denied

Within days of the Hank Skinner oral argument before the Texas Court of Criminal Appeals, here in Dallas there was a victory for which Mr. Skinner and his supporters can perhaps take some comfort and hope:  Judge Susan Hawk found both Raymond Jackson and James Williams innocent of crimes for which they had been wrongfully convicted almost 30 years ago, having been found guilty and imprisoned for rape and kidnapping back in 1983.

On April 30, 2012, Raymond Jackson and James Williams appeared before Judge Hawk at their exoneration hearing and were officially declared innocent on the public record. 

What happened here?  DNA testing revealed not only that Mr. Jackson and Mr. Williams were innocent of this crime, but that two other men were involved - and these two men have now been arrested and all these years later, are facing charges of attempted murder.  

Texas Highway Patrol Troopers Abuses: How to Control Troopers Subject of Inspector General Report

The Texas Highway Patrol has been around for a long time; most Texans recognize a Trooper on the roads when they see one.  Part of the State of Texas Department of Public Safety, the Texas Highway Patrol works on over 225,544 miles of rural highways, as well as being responsible for other areas of law enforcement, including directing traffic; investigating traffic accidents; helping during emergencies and public disasters; and partnering with other agencies in criminal investigations such as drug law enforcement.  (For details on what all the Troopers handle, check out their web site.)

In the future, the Troopers may be known as the Texas Navy.  That's because it is the Texas Highway Patrol that will be manning those new boats that will be zipping up and down the Rio Grande as part of our state's border protection.  (See Grits for Breakfast for details here including a photo of the boats they've be using.) 

So, the Texas Highway Patrol Troopers are a Big Deal in Texas Law Enforcement.  

Nevertheless, in recent years,  Troopers have come under scrutiny and criticism with some folk arguing that the Highway Patrol needs more personnel; others arguing that the Troopers need an internal affairs division to keep things in hand; and still others arguing that the Highway Patrol budget just needs more cash.

At least everyone agrees that something needs to be done.  Why?

Troopers can do bad things.  For example, read our earlier post "Texas Highway Patrolman Mistakes US Army 1st Cavalry for Gang/Drug Organization" or watch the video here.   Another post detailing bad acts by the DPS Highway Patrol: "Texas DPS Officers Indicted for Manhandling Hays County Jail Inmate."

Now, however, it appears that the Powers that Be are checking out the Texas Highway Patrol and trying to figure out what action needs to be taken.  

Houston Chronicle Exposes Details of New Report on Texas Highway Patrol Troopers

Recently, the Houston Chronicle's James Pinkerton wrote a story that detailed a report of the Inspector General that details things that IG Stuart Platt thinks needs to be done within the Texas Highway Patrol.

Curious by its absence is much media coverage about this report and the Chronicle's work at getting a copy of it.  

In its April 1, 2012, article entitled "Report says Texas troopers need more supervision," the IG report is not provided in its entirety, but it is reported to include:

• an opinion that the DPS Highway Patrol should be given funds to hire more supervisors for the Troopers (i.e., sergeants); 
• a schedule showing that the complaints about Trooper activity made up almost 70% of all the complaints received against the DPS personnel overall (68%); and 
• the most common complaint against the Troopers was driving drunk (DWI). 

Here's the thing: does anyone think that these numbers accurately reflect the reality of what Troopers are doing, out there on Texas roads?  Watch that DPS video (above) and think -- how many complains go unreported? How free do Troopers think they are to do as they wish, out there on patrol alone in their black patrol car on a rural Texas roadway?

Former Texas Death Row Inmate Kerry Max Cook's Case Continues to Expose Texas Prosecutors Gone Wild (In a Bad, Bad Way)

The story of an innocent man who spent over 20 years on Texas Death Row is far from over, even though Kerry Max Cook has not only been released, he has become a well-respected author and activist for ending capital punishment worldwide.

Back in 2008, Kerry Max Cook wrote a book, Chasing Justice: My Story of Freeing Myself After Two Decades on Death Row for a Crime I Didn't Commit, that detailed what happened to him in the criminal justice system and how he was wrongfully convicted and sentenced to death for the rape and killing of Linda Jo Edwards back in 1977.

A big part of that book: all the misconduct by the prosecution in his case. Surprise, surprise.

The book, published by HarperCollins, got excellent reviews and got some very big names giving it praise, including Sister Helen Prejean, former FBI director William Sessions, and actor Richard Dreyfuss. This seems like a lot of exposure on how prosecutorial misconduct works in Texas.

But the Kerry Max Cook story isn't over yet.

Now, one of the journalists that covered his story long ago - former Dallas Morning News reporter David Hanners - is stirring things up. And Hanners may know a lot more about the extent of the evildoing that took place during the Smith County criminal trial and subsequent appellate process of Kerry Max Cook's case than Mr. Cook ever did.

Here's what is happening: Kerry Max Cook is in the process of seeking a full legal exoneration via DNA testing. This isn't being done without static from the prosecution, and the conflict is hitting the media. In particular, Cook's story made it to Texas Monthly and in response to that coverage (in a blog post, notice blogs at work for justice again) the old Dallas reporter David Hanners wrote a long comment that gave some very, very interesting tidbits.

You can read the full text of what Mr. Hanners wrote online here, and here are some of the shockers that you'll find there:

• It took the Texas Court of Criminal Appeals nearly eight years to rule in his case because his file was "basically lost."
• After reading the entire trial documentation (transcripts and exhibits), and without going into the story with any clue or care whether or not the man was guilty or not, the reporter determined that not only had there not been a fair trial - he determined that this man had not killed the victim. In fact, he believes it reveals who the real killers are and it's not Mr. Cook.
  
• There was no basic - much less competent - police investigation, and he gives examples. With details.
• In charging Mr. Cook and get this homicide to a capital murder charge, the police department created "theft" from a fantasy sock (yes, sock) and then alleged that body parts had been removed from the crime scene by Cook in this sock. Nevermind that the body wasn't disturbed: there were no body parts removed here. The body had not been cut up. How was this ignored? But it was ....
  
• The prosecution planned on doing DNA testing; semen was found at the scene. It was tested, and lo and behold: it was not that of Mr. Cook. So instead of investigating further, the prosecution changed their case to keep Cook in their crosshairs. This, even though they knew the identity of the semen source. Amazingly blind, isn't it?

This case may end up being the example used in future classrooms of how ruthless and evil it can be when prosecutorial misconduct exists in our criminal justice system. Expect to hear more about this travesty of justice: not only from David Hanners (by the way, a Pulitzer Prize winner) but from Mr. Cook.

If Mr. Cook can win his latest efforts to obtain full exoneration through DNA testing, then he will be eligible to receive $80,000 from the State of Texas for each year he sat behind bars as an innocent man.

Here's the bigger question: what happens to the prosecutors and the police officers who were committing those injustices back in the mid-1970s? Where's the justice there?

Is the lesson for bad apple prosecutors that if they do bad things, by the time the system gets around to pointing the finger at them, decades and decades of time will have passed?

Texas Juries Issue Warnings to District Attorney, County Jail Officials But Don't Hold Anyone Criminally Liable.

Juries usually have a single, solid voice that answers "guilty" or "innocent," simple as that -- but that's not what is happening in the State of Texas today when it's public officials like the Harris County District Attorney's Office or those responsible for running the Travis County Jail that have been called on the carpet.

Austin Jury

This week, a federal jury down in Austin spent lots of time hearing testimony and reviewing evidence about the case of Rachel Jackson, a 21 year old woman who died while she was being held in the Del Valle Jail (part of Travis County) under a “psych lockdown.”

The Jackson family argued that Travis County and its jail psychiatrist, Dr. John S. Ford, were responsible for the young woman's tragic death in a jail cell because Dr. Ford prescribed thioridazine to inmate Jackson but he failed (among other things) to follow the warnings on the drug packaging to check her potassium levels as well as her heart's electrical activity before giving her the antipsychotic drug. If he had bothered to do so, the family argued, then he would have known that thioridazine can cause sudden death by causing the heart to beat out of its normal rhythm.

You can read the warning for yourself online: seems pretty serious and pretty long for someone - especially a doctor - to just disregard.

There was also evidence presented at trial that the inmate told her Travis County jailers that her heart was racing, to which the jailer did not get her medically checked out; and that days later, she told a Travis County jail nurse that she was having chest pains, and that the jail nurse did not record in her file any of her vital signs at the time.

The family of Rachel Jackson sued Travis County for her wrongful death, but the jury did not find that the county was responsible for the woman's death. So the family loses its lawsuit.

Here's the thing: most always, all we would know from the jury was their verdict. Period. However, in this case the federal trial judge, the Honorable Sam Sparks, approved the jury's request that a written statement they had compiled there in the jury room be read into the record.

So, the jury foreman stood up there in the courtroom, just as forepersons do whenever they announced they have reached a decision, and read a statement that the jury couldn't find that Travis County was the proximate cause of Rachel Jackson's death, they "...do see significant opportunity for improvement in the processes, documentation and communication within the Travis County Correctional Center."

Houston Jury

We've been monitoring the Grand Jury investigation of the Houston BAT Van Controversy (read all the details here) and now, the Grand Jury has spoken: the Harris County District Attorney's Office will not face any indictments for criminal wrongdoing.

Once again, however, there's the unusual twist to the story: the jury isn't speaking in the usual way, in the decision it has handed down. No. This jury has also sat together and drafted a joint statement, which has been released to the public.

A one-page statement from the jury was read by Grand Jury foreman Trisha Pollard, which criticized the Harris County District Attorney's Office for its "unexpected resistance" to the investigatory process and singled out Harris County prosecutor Rachel Palmer for invoking her Fifth Amendment right not to testify in order to avoid self-incrimination. The grand jury's statement also accused the District Attorney's office of investigating the grand jurors themselves as well as the special prosecutors assigned to oversee the case.

All that being revealed, the Grand Jury still found that "there was no evidence of a crime" on the part of the Harris County District Attorney's Office and so no indictments would be issued.

Jury Statements Are Worth What, Exactly?

These jury statements may make the jurors feel better, but legally they do squat. Verdicts are what count with juries. And in both of these instances, the public officials have been found innocent of a death and of tampering with the judicial process of fair trials, etc.

When juries have this much doubt and concern, one has to remember that where there is smoke there is fire and that something smells bad in Texas today.

Texas Police Shoot Down 15 Year Old With BB Gun in Middle School Hallway: Excessive Force?

It's a big national news story today: a fifteen year old boy with a pellet gun was shot down in his Middle School hallway by Texas police this morning.

Jaime Gonzales is Dead Tonight and Lots of People Are Asking Why

Just last week we were pondering how out of control Texas law enforcement officers are getting to be in a post entitled, "Texas Cops Shooting Citizens All Over the State This Month: Excessive Force? Overstressed Officers? Three Dead From Police-Issued Bullets." Now, we're wondering how truly serious this situation may be.

Cops Shoot 15 Year Old to Death Down in Brownsville: Excessive Force?

Down in Brownsville, it seems that the police were called to Cummings Middle School shortly after classes started. It's not clear how many officers arrived on the scene, but students are reporting that Jaime had entered a classroom and punched another student in the nose. Why this causes a bunch of police to appear isn't clear.

What is known right now is that Jaime took a pellet gun to school this morning. Which was not the smartest thing to do, that's a given.

However, for the Interim Police Chief to tell the media that a boy waving around a pellet gun was sufficient justification to shoot the child to death - well, you gotta wonder. There a big question right now about whether or not the force used here was excessive.

Middle Schoolers Are Known to Bring BB Guns to School - Jaime's Not the First

This isn't the first time a Middle Schooler got the bright idea of bringing a BB gun to school (a pellet gun is more commonly known as a BB gun), check out this school administration web site discussing a previous, similar event up in Ohio.

This is a real tragedy and condolences go out to the family and friends of this young life cut short. Let us hope that one result of this death is increased scrutiny on Texas law enforcement and whether or not Texas cops are getting a bit gun-happy these days.

For more on excessive force/police brutality, check out our resources page where Texas law on this issue is discussed.

Mistrial Declared in Criminal Trial of Dallas County Constable Derick Evans

A jury had been chosen and opening statements had been given by Marquette Wolf as Special Prosecutor and the defense for Dallas County Constable Derick Evans and on Tuesday, the trial had witnesses on the stand in the criminal trial where Constable Evans faced charges of engaging in organized crime.

There were some problems: one juror was late, another called in with an emergency and had to be replaced with an alternate, and witness Jim Foster, former Dallas County Judge, couldn't respond to his subpoena to appear and testify because he's in the hospital having just had serious lung surgery.

But nothing was as big a problem as what happened to cause the trial court to declare a mistrial in the case.  Seems that after the prosecution put on its case and Evans presented his defense, the jury was sent back to deliberate and got stuck.

Judge Tracy Holmes got a note from the jury room that the twelve jurors were "hopelessly deadlocked," and then another one, and then a third.  Deadlocked, Deadlocked, Deadlocked.  Stubborn folk on both sides of guilty versus innocent.  (The Dallas Morning News reports they were 7 to 5, guilty vs. innocent.)

So Judge Holmes declared a mistrial and Constable Evans went back to work and the prosecution told the media that they're not giving up.  Another trial is being scheduled for April 2012.

What Did Dallas County Constable Derick Evans Allegedly Do?  

Formally, Constable Evans has been accused of participating in organized crime.  Sounds very TV Law and Order, doesn't it, until you learn that he's purportedly run a raffle to get funds to run his election campaign and allegedly pressured his deputies and staff to buy and promote the $50 raffle tickets.  Under Texas law, only certain groups (like churches) are legally allowed to run raffles to raise money.  Now, it's sounding less like TV's Law and Order isn't it?

And, here's a big question -- what about the media reports about other local campaign raffles, are they going to get prosecuted as well?

Texas Judge William Adams Investigated as YouTube Video Showing Man Beating Teen Girl With Belt Goes Viral

Aransas County Judge at Law William Adams is getting an international publicity boost today, but not in a good way, as a YouTube of a man beating a teenaged girl with a belt has gone viral - and media reports are that he's the man in the video.

Watch the video on YouTube here, but be prepared - this may be disturbing so think about it before you click the link:

YouTube Video Purported of Judge William Adams "Go get my belt...."

If you check the video out as it has been placed upon YouTube (downloaded on 10/27/2011), there is a description that relates the teenaged girl to be the judge's daughter, Hillary Adams.

Death Threats and a Criminal Investigation

KRIS-TV out of Corpus Christi is reporting that they contacted Miss Adams, and she confirmed the YouTube video as being something that she herself placed on the web, to spotlight what had happened to her.

KRIS-TV is also reporting that the Aransas County Courthouse is being swamped with folk calling to complain about the YouTube video and what they perceive to be the actions of a sitting Texas judge. Officials are reporting that there have been death threats against the Texas judge, and a criminal investigation has been opened.

Teenager Depicted in Video Has Been Disabled Since Birth

The YouTube video was accompanied by text (read it all at Above the Law) that states the teenager shown in the video suffers from a disability, having been born with ataxic cerebral palsy.

Ataxic cerebral palsy is a rare form of cerebral palsy that results in poor physical coordination, with victims suffering from shaky movement and problems doing things like walking or writing with a pen or pencil.

Growing Media Frenzy Over YouTube Video and Judge William Adams

The disturbing video is getting not only national media attention by also the international spotlight. This morning, the International Business Times reported that Judge Adams' phone had been disconnected (discovered, apparently, when they were trying to contact him).

Local media are hot on the story, as it breaks: KZTV has online updates, which includes a recent update where Judge William Adams speaks to their reporter about the YouTube video, confirming that he is the man that is shown in it.

Also in that story, Judge Adams relates that he's in touch with the Austin Judicial Review Board. Odds are high that he's gonna be in touch with a criminal defense attorney real soon, too.

Texas DPS Officers Indicted for Manhandling Hays County Jail Inmates

Texans, for the most part, know the Texas Department of Public Safety as the state agency that handles Amber Alerts, and as the agency that oversees drivers' licenses applications and renewals. DPS offices are all over the state, most folk have visited them at one time or another.

DPS is also known for its own branch of law enforcement, the DPS Troopers (the Texas Highway Patrol), and for being the state agency that hosts the famous Texas Rangers. Drive any Texas highway or farm to market road, and sooner or later you will pass a DPS Trooper sitting on the roadside with his radar checking for speeders.

Two DPS Troopers Indicted in San Marcos

It's rare to see DPS Troopers personally make the news, and it's interesting to see the media coverage this month down in San Marcos, Texas (midway between the capital city of Austin and San Antonio, on Interstate 35). Seems that two Department of Public Safety troopers, Charlie Potter and Santiago Montez, have been indicted there.

Potter and Montez were arrested on September 22, 2011, and are facing charges of "official oppression" for events surrounding their dealings with two inmates in the Hays County jail back in March 2011.

According to media reports, the indictments describe the incidents as the two DPS Troopers "intentionally mistreated or detained a man by pulling or grabbing him" back on March 11th. Little more is known right now on exactly what happened here.

What is official oppression?

Under the Texas Penal Code (see details below), official oppression is a Class A misdemeanor that each carry a fine of up to $4,000, a sentence of up to a year in jail, or both. It is a bad act by a law enforcement official in the State of Texas that is harmful but not as serious as felony acts that include excessive force, something that we blog about quite regularly, since it is unfortunately something that happens all too often in our state.

What happens next to the Texas DPS Troopers?

Right now, Potter and Montez remain on the Texas DPS payroll although they have been suspended from work and they are free, having made bond ($10,000 for each Trooper). They are scheduled to be arraigned on October 27, 2011. Will they serve time in jail? Let's watch and see what happens.

Texas Penal Code Section 39.03

Here is the language of the Texas law on which the two DPS Troopers have been indicted:

Sec. 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he:

(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;

(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or

(3) intentionally subjects another to sexual harassment.

(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.

(c) In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.

(d) An offense under this section is a Class A misdemeanor.

Texas Rangers Investigating Another Case of Police Brutality and Excessive Force

The news started trickling out over the Labor Day Weekend that the Texas Rangers had been contacted by the family of a South Texas man who was comatose in a Corpus Christi hospital, another victim of excessive force by law enforcement.  Sure enough, the Rangers are on the job, investigating the family's belief that their loved one, Martin Garcia Ortiz, had sustained his injuries in a vicious beating by a Texas law enforcement officer.

That's right:  another case of police brutality in Texas.  And another instance where either the FBI or the Texas Rangers has had to come into the area to find out the truth of things.  It's something that happens far too often here in Texas: law enforcement using excessive force against people - something that we report about regularly. 

What happened in this case of alleged police brutality?  

According to news reports, 48 year old Martin Ortiz had been at a local bar in Aransas Pass.  No worries about a DWI arrest here:  Mr. Ortiz left the bar on his bicycle, to ride his way home.  It wasn't far.  He had no weapon, unless you are afraid of bicycles. 

Things took a bad turn around midnight on August 10th.  Seems Mr. Ortiz, there on the roadside on his bicycle, was stopped by an Aransas Pass police officer  -- and according to family members, the cop pushed Ortiz off the bike only to then beat Ortiz after the man was laying on the ground beside (some reports say underneath) the bicycle.

The Texas Rangers have reported that their investigation reveals three police cars zipped to the scene (that must have been a very scary bicycle) and that some of these officers are now witnesses to the incident.  They also report that Ortiz was purportedly stopped because he was weaving as he rode the bike, and his bike didn't have a headlight. 

Guess what?  All this may be on video.  Seems that Aransas Pass police cars are equipped with dash cams, so sooner or later, some member of the press is going to get ahold of those videos and we'll all see what happened.

Right now, we know that Martin Ortiz lies, seriously injured, in Corpus Christi's Christus Spohn Hospital where he spent ten days on life support in a coma before starting to come out of it.  It's not known at this time whether or not he will suffer permanent harm from this attack -- like traumatic brain injuries or spinal injuries.

The Texas Rangers are asking anyone who may have information about what happened to Martin Ortiz to come forward, and if you have any information about the Martin Ortiz case, you can call the Texas Rangers directly at 361-364-6239 or 512- 424-2160. 

Dallas Cop Busted on Domestic Violence Charges, "Not Sober" When Arrested

Here in Dallas, it's very hot and staying that way as we endure a record-breaking heat wave.  Day after day of 100+ degree weather.  So, it's understandable that tempers are rising and that domestic violence calls are high.  It's not as easy to understand when one of those domestic violence events involves the cops: not the cops coming to the scene, but a cop smack dab in the middle of it. 

Seems that this weekend Dallas police officer Rafael Mendoza, on the force to protect and serve since December 2008, was arrested by his fellow law enforcement officers on charges of domestic violence.  Specifically, Mendoza has been charged with (1) domestic assault and (2) unlawful restraint, two Class A misdemeanors under the Texas Penal Code. 

Mendoza's also on administrative leave pending an Internal Affairs investigation (as well as the criminal investigation).  He won't face jail time, maybe he will be looking for another type of employment.  Have to wait and see on that one.

What happened for a Dallas Cop to get busted for Domestic Assault and Unlawful Restraint?

This past Sunday, according to media and police reports, Officer Mendoza was setting in a car parked near an apartment complex on San Jacinto.  It was a hot day, and apparently Mendoza was getting hot under the collar, arguing with a woman about an ex-girlfriend as they sat in the car.

It's reported that Mendoza and the woman stepped out of the vehicle - and that Mendoza then shoved the woman onto the ground, slammed plastic handcuffs on her, and telling her she was about to go to prison for 10 or 15 years. 

Scary stuff, right? 

After about an hour setting there in the parking lot, in the heat of that Dallas Sunday afternoon, Mendoza escorted the woman up to her apartment.  He un-cuffed her. 

Around 2 hours later, Officer Mendoza was busted by his colleagues.  It's reported that he was "not sober" at the time. 

Liberty County Prosecutor Arrested This Week But Kept On the Job as DA in Cleveland Gang Rape Case of 11 Year Old Girl by 19 Defendants

Liberty County is in the national spotlight this summer as the place where 19 defendants (ranging in age from midteens to almost 30 years) have been charged with the gang rape of an 11 year old girl in Cleveland, Texas, mobile home - some of which was caught on video.

It's a case that is dividing the Cleveland community as well as the child's family, as the girl has been removed from her parents' care and placed in Texas foster care for the time being.

Prosecutor in Cleveland Gang Rape Case Is Arrested

Needless to say, this Cleveland Gang Rape case is important from many different perspectives and its prosecution - you would think - would be the cream of the crop putting on the best case that the State of Texas can assert. Right?

Think again. This week, one of the prosecutors on that Cleveland Gang Rape case was arrested and is facing charges as a defendant of (1) Tampering With a Witness, (2) Terroristic Threats and (3) Deadly Conduct.

That's right: the state's attorney has been accused of three pretty serious crimes while he's assigned to the big Gang Rape case. (That's his mugshot at the top.)

Liberty County Assistant District Attorney Joe Warren surrendered to the Liberty County Sheriff's Office last week, and was quickly released on a personal recognizance bond by the local judge. The Sheriff's Office is refusing to comment on the case so far, and little is known for sure about the events that led to the ADA's arrest.

It is known that the Sheriff's Office is the authority handling the investigation -- not a grand jury, not the Texas Rangers or the FBI -- and that Liberty County District Attorney Mike Little has told the media this is strange -- the ADA's case is getting special treatment (it's legal for the Sheriff's Office to run the ball in the investigation, this usually doesn't happen, though).

Joe Warren is still on the job, too: despite being a state district attorney who has been arrested on allegations of committing these crimes he has not been removed from his position and presumably is at work today (as this post is being typed), working on the Cleveland Gang Rape case.

Reports are ADA Threatened to Shoot Pit Bulls that Entered His Backyard and Killed His Pet

So what happened? There are some media reports out there and they are reporting that ADA Warren had a pet dog (a boxer-mix) who were killed by his neighbor's pit bulls after the pit bulls dug a hole under the fence to gain access into Warren's back yard so they could attack his pets.

Warren responded, according to these reports, by threatening his neighbor that he would shoot the pit bulls in order to protect his pets. Apparently, the neighbor called the cops and filed a complaint.

Texas Cops Shoot to Kill - Two Young Men in Beeville, Austin Die From Cop's Guns This Week

If you are pondering stealing something in Texas - and in this bad economy, crime is on the rise - you may be risking more than getting busted and serving some time.

You may be risking your life. (Heck, you may be doing that if you are just roaming along a city street anywhere in Texas.)

Deadly force (also known as excessive force) may be a viable legal claim -- but it's better to be alive than to have your grieving loved ones pursuing a lawsuit based on excessive force by a cop with a gun.

Beeville Shooting of Albert Ponce, 29, Yesterday

Yesterday morning, before sunrise, Anthony Albert Ponce of Three Rivers, was pulled over by Beeville police officers after they decided Ponce matched the description of a man who had ripped off a convenience store.

The Beeville cops say that Ponce got out of his car holding a pistol and waving his hands around in a threatening way. When Ponce refused to drop his gun, one of the cops shot him. That officer is on paid leave while his actions are being investigated.

Meanwhile, Ponce died at Spohn Hospital in Beeville later that day: Ponce was only 29 years old.

Austin Shooting of Byron Carter, 20, on Monday

On Monday, two bicycle cops were wheeling around downtown Austin when they spotted a car that they suspected held two car thieves - so they rode over to check things out, according to the Austin Police Chief in his statement to the press.

Apparently, the car started moving toward one of the bikes, hitting one of the cops, and the other officer fired on the occupants. The car drove off only to be found nearby with the passenger dead in the front seat. The driver was tracked down, he had a gunshot wound to his arm and was taken to Austin's Brackenridge Hospital.

Byron Carter, 20, was the passenger that died in that gunplay and a minor (16 yrs; name not released) is the wounded driver.

As for the cop that got hit by the car, he was treated and released by Brackenridge doctors for a ruptured Achilles' tendon. The cop who used his pistol to take those shots is also on a paid leave while things are investigated.

Shoot Now, Check for Guilt Later

Notice that in both events, neither decedent was proven to be a criminal - neither cop knew at the time if this target was guilty of stealing anything.

Get Ready for Statewide Click It or Ticket Campaign: May 23 - June 5, 2011

The State of Texas versus your individual right to choose how you live.  It's an ongoing fight.  There's the No Refusal Campaign, where you're forced to give your blood in a blood test or your breath at the scene anytime a cop pulls you over for suspicion of drunk driving.  

There's also the Click It or Ticket campaign, where your choice on whether or not to wear that seat belt is taken away.  Well, not taken: you're just gonna get a ticket whenever you get caught.

Civil Liberties Versus Police Power

Lots of folk believe that it is unduly intrusive for the state government to force individuals to wear seat belts. And these aren't just zanies -- they include respected safety professionals like Peter Thompson, who served as the State of New Hampshire Safety Chief, and in that official capacity was against New Hampshire's implementing forced seat belt laws back in 2005.   

The argument against these types of law is simple:  seat belt laws invade your freedom unnecessarily.  These laws are not protecting the public at large - if you fail to wear one, the risk of harm is borne by you.  Therefore, forcing citizens under the police power to wear their seat belt crosses over the line of legitimate police power.   Not that this argument has stopped these laws from being passed in Texas and other states. 

May 23 - June 5, 2011: Texas Click It or Ticket Campaign Covers the Memorial Day Holiday

Here in Texas, it has been announced that Texas law enforcement are going to be on the lookout for drivers that are operating a motor vehicle without a seat belt over the Memorial Day Weekend in the latest Click It or Ticket Campaign. 

But be careful out there -- because Click It or Ticket goes to more than just a driver not wearing a safety belt: even those folk setting in the BACK SEAT can be ticketed because they aren't buckled up.

Other ways to get a ticket during the Click It or Ticket campaign?  

Not having kids younger than 8 years old buckled into either a child safety seat or booster seat unless they've grown past the legal limit of 4 feet 9 inches in height. 

What's the cost of not obeying the law?  A ticket totaling $250 plus court costs. 

Texas Judge Arrested and Immediately Pleads Guilty to $250,000+ in Bribes, More Arrests Coming

For seven years, Abel C. Limas presided over the 404th Judicial District Court down in Brownsville, a court where lives were often at stake in criminal matters and which also heard a variety of civil cases, including divorce proceedings.  Now, former Judge Limas has pled guilty to charges that he took over $250,000 in bribes from attorneys in payment for favorable treatment ... doing things like issuing very nice probation orders and even outright dismissal of charges in criminal matters as well as playing favorites in civil controversies. 

Lima's Career Path:  Cop to Judge to Private Practice to Inmate

You'd think Abel C. Limas would know better.  Not only because he was given the honor and privilege of sitting on a judicial bench, wearing those robes and walking into a courtroom where bailiffs had everyone rising upon his entrance.  Nope.  Limas was also a cop in days gone by.  A Brownsville policeman who rose to become a Texas Judge, presiding over that court for seven years (2001-2008), and who will now be a federal inmate.

Everything Happening Quickly Down in Brownsville: Arrest, Guilty Plea Within a Week's Time

Limas was arrested just last Thursday.  He's been charged with racketeering by soliciting, extorting and accepting bribes totalling $257,300 for favorable rulings in various matters.  No long, protracted defense here:  within hours, he was entering a guilty plea before the U.S. District Court for the Southern District of Texas.  That means no trial.  Sentencing is set for July 2011.

The indictment backing up his arrest included allegations that while Limas worked as criminal district court judge, he took money from a minimum of four lawyers (their names are not released), and two of these lawyers alone forked over $235,000 for favorable treatment in some civil matters.  (Limas' defense counsel's request to keep the indictment under seal for 14 days after Limas' arrest was granted by the federal judge.)

Investigation Results: Limas Isn't The Only Bad Apple

For over two years now, the Federal Bureau of Investigation (FBI) along with the U. S. Drug Enforcement Administration (DEA) and the Brownsville Police Department had joined forces to investigate what Judge Limas had been up to ... and his indictment isn't going to be the only result of all that footwork.

The indictment of Abel Limas identifies five (5) other evildoers - but does not name them.  Their activities, while detailed in the Limas indictment, are described as being done by "A," "B," "C," "D," and "E."  No names, just letters. 

Other Arrests Being Made - Longoria Charged Thursday, 3+ Lawyers Still to Be Arrested

Yesterday, Jose Manuel Longoria attended his bond hearing before U.S. Magistrate Felix Recio and was placed under a $100,000 bond after being arrested last Thursday and charged with wire fraud arising from a scheme to defraud and deprive the State of Texas of the right to the honest services of a state district judge.

As part of Longoria being charged and being allowed bond (challenged by the prosecution as Longoria is considered a flight risk to Mexico), he was instructed not to have any communications with three lawyers (identities not made public) and if he were to receive communication from them, he was ordered to notify authorities immediately.

Which means, the FBI is gonna be arresting some lawyers down in South Texas very soon....

Fort Worth Cop Shoots, Kills Local Man In Front of His Three Kids

This past Monday night, a Fort Worth police officer pulled over a SUV driven by Charal Thomas, 32.
Thomas' three kids, ranging in age from 7 to 11, were all riding in the back seat.  There was another adult in the vehicle, but reports aren't clear on who that was.

It started out as a routine traffic stop. It was around seven o'clock on Monday evening, a little after dusk, on Lucas Drive in Fort Worth, Texas. 

We don't have the details on what was said, but we know that routine traffic stop didn't stay that way.  Things went awry -- and for some reason Charal Thomas pulled away, dragging the cop along for a number of blocks, as the police officer held onto the SUV. 

Perhaps the cop held onto the door handle, his feet on the SUV's foot ramps.  Maybe he grabbed onto an overhead rack.  The details still aren't clear.

What we do know is that Mr. Thomas had several outstanding warrants -- and that the Fort Worth cop chose not to let go of the vehicle.  Instead of letting go of the car, the Fort Worth officer chose to pull his gun and shoot Mr. Thomas in the head.  Killing Charal Thomas, 32, in front of his kids -- and as he was driving the vehicle that they were in.

Needless to say, the Fort Worth community is shocked by this incident. 

There was a vigil last night on East Rosedale in Fort Worth.  Candles were lit, people spoke.  People are angry.

And it's not over.  The identity of the Fort Worth officer hasn't been revealed because of a concern over his safety, and he already has a lawyer to speak on his behalf.  According to the lawyer, the cop felt he had to shoot because his own life was in danger.  No explanation yet on why he grabbed onto that SUV, filled with kids, in the first place.

This is going to be a big lawsuit. Another lawsuit against the Fort Worth Police Department for overzealous police behavior...(remember the Tazer lawsuits from last year) ....

Texas Judge Busted By Feds for Taking KickBacks During Hurricane Ike CleanUp

Phil Fitzgerald used to be a Texas district court judge, and he used to be a free man. Things change.

The Beaumont Grand Jury issued its 25-count indictment last week of former Judge Fitzgerald along with a contractor (Fitzgerald's brother-in-law, Mark Miksch, 52, of La Vernia) and another Liberty County official (former Liberty County Commissioner Lee Groce, 62) charging the Judge with taking over $600,000 in kickbacks for awarding government clean-up contracts that dispensed federal funds to help with the aftermath of Hurricane Ike.

According to the federal indictment, Judge Fitzgerald allegedly conspired with Commissioner Groce to award $3,200,000 million in debris removal contracts over to contractor Miksch. He also allegedly scarfed up a generator for his personal use that had been paid for by federal monies (allegedly, he kept the power up at his convenience store with the generator during power outages).

Judge Fitzgerald isn't going down without a fight, however.

Fitzgerald has made his position clear by a letter published in the local press, and now routed through the national media, which states in part:

"Had the government allowed us the opportunity to present our side of the story before seeking an indictment, we are confident there would be no indictment. However, because of their refusal, we will now have to have a trial in this case, at considerable expense to Judge Fitzgerald and the taxpayers, in order for us to tell our side of the story."

Fitzgerald and Groce both lost their reelection bids last Fall, two more Democrats falling to Republican replacements.  Groce had served as Liberty County Commissioner for almost 25 years; Fitzgerald had presided over his district court bench for four years. 

This should be an interesting trial, folks. 

Cornelius Dupree Freed as Innocent Man after 30 Years in Texas Jail: The Unreliability of Eyewitness Testimony

This week, a fifty-one (51) year old man walked out of a Texas courtroom a free man, after serving over 30 years behind bars for a crime he did not commit. Cornelius Dupree was officially exonerated on Tuesday by Dallas County Judge Don Adams with the simple sentence from the bench, "you're free to go."

What Got Dupree Behind Bars

Mr. Dupree was arrested in 1979 on rape and abduction charges for a sexual assault involving two men that happened on IH30 near Dolphin Road, where a man and woman were forcibly taken from a liquor store and the woman later raped. Dupree and his pal, Anthony Massingill, 49, were going to a party when the cops stopped them because the police thought these two guys matched the description given in another rape case.

Both victims would later give eyewitness testimony that Dupree and his friend were the perpetrators of the crime. And yes, Mr. Dupree is African American.

What Got Dupree Released

DNA cleared Mr. Dupree. Through the efforts of the Innocence Project and with the support of local D.A. Craig Watkins, DNA testing was done on old evidence in the case, which resulted in scientific proof that Dupree was not guilty.

According to the Innocence Project, Mr. Dupree is third in line for the dubious record of having spent time behind bars before being exonerated: only 2 men in the United States spent more time in jail than he did before being proven innocent via DNA testing. In Texas, Dupree is the 41st individual to be freed based on DNA evidence since 2001.

Lesson Learned, Again: Eyewitness Testimony Isn't Reliable

Once again, we have another example of how eyewitness testimony should not be considered as quality evidence in any case -- but particular the key evidence used to put an individual behind bars.

Photo lineups and the like are not good tools toward finding the truth, regardless of how they appear on Law And Order (pick your version). People just don't remember things accurately. Emotions get in the way. Victims want to catch the perpetrator and are understandably influenced to a rush to judgment. Police officers, however innocently, can suggest who to pick in a lineup and many victims are scewed to pleasing the police, however unconcious that predisposition may be.

When are we going to learn in this country that eyewitness testimony isn't trustworthy?

One last thing: As for Mr. Dupree's friend that day back in 1979, Mr. Massingill has already been cleared in the present case via DNA testing; however, he is not free today. Massingill is still incarcerated, and serving a life sentence, based on another crime.  Let's hope that this conviction was based on more than finger-pointing.

Sheriff Arvin West: the Man Who Busted Willie Nelson for Pot over Thanksgiving Weekend

Hudspeth County, Texas, is located on the Texas - Mexico border, and for several years now, Arvin West has been the local sheriff there.  Lots of folk are getting to know Texas Sheriff West this week - maybe you already recognize his name. 

After all, it was Sheriff Arvin West who was responsible for pulling over Willie Nelson's tour bus at a border partrol checkpoint on the day after Thanksgiving.  Instead of getting an autograph, though, law enforcement ended up arresting the 77-year-old country singer for possession of six (6) ounces of marijuana. 

Nelson was booked - the mugshot is a popular online item this week.  Willie was then released on $2500 bond and not long thereafter was back on the road again, going home to Austin.  If convicted, Willie Nelson faces a possible two years incarceration in a state facility. 

Who is Sheriff West anyway?

Sheriff Arvin West has testified before Congress about the growing problem of drug distribution by drug cartels in his jurisdiction - you can read his testimony online from a February 2006 presentation he gave to the Committee of the House of Representatives.  It's got a title:  "Armed and Dangerous: Confronting the Problem of Border Incursions."  

Sheriff Arvin West also regularly appears on the national news shows.  You can read the transcript of his April 2010 interview by Greta Von Susteren at FoxNews telling Greta that the Texas-Mexico border is "wide open" and that he's been telling farmers and ranchers in his jurisdiction to arm themselves against the dangers of drug runners, since his Sheriff's Department only has 17 deputies to cover 5000 miles.  Sheriff Arvin West has also appeared on Nightline in July 2010 (click the link to watch the video), calling the area as being under "siege" and that his fight against Mexican drug lords as "war."

Already, the Texas Tribune (among other news sources) are looking into Sheriff West and his own "Texas legend" status (quoting Glenn Beck).  According to their investigations, Sheriff West may have his own agenda for busting Willie Nelson -- it brings more media coverage, it boosts what some argue is Sheriff West's goals of maximizing state and federal funding for his department. 

So, there is a growing distrust of Sheriff West and his motives for busting Willie Nelson on the day after Thanksgiving. 

Willie Nelson Starts the "Teapot Party"

However, Willie Nelson may have an agenda of his own.  Shortly after his arrest, he started the "Teapot Party," which favors legalization of marijuana with the arguments that it cuts back on the criminal operations, and gives a new tax base to fund governments in sore need of revenue. 

If you didn't know this was a real news story, you might think you were reading an Elmore Leonard novel -- where the Texas Sheriff wearing the big white cowboy hat and the Country Music Legend wearing the bandanna were secretly friends who had cooked up this media plot.  But that would just be fiction, right? 

Happy Veterans Day 2010

U.S. Army Vet Driving While Black in East Texas from DallasJustice.com on Vimeo.

Texas Supreme Court and Texas Court of Criminal Appeals: 100% Republican

Yesterday was Election Day, and while many spotlights were focused upon the Governor's race between Rick Perry and Bill White (and Kathie Glass), some pretty powerful statewide spots were being decided as well. Positions on the two highest state courts - the Texas Supreme Court for civil matters, the Texas Court of Criminal Appeals for criminal matters - were also on the ballot.

And, once again, Republicans won every race. This keeps both high courts completely Republican - no Democrat, no Libertarian, no Independent, no Green Party - and it's been that way since 1994.

Sixteen Years of a Republican Monopoly in the Two Texas High Courts

Of course, there are those that argue this is not that big of a deal. Judges at the appellate level make decisions based upon law, not party affiliation. They aren't stumping for votes like Congressmen and Congresswomen. They aren't giving speeches and taking voters' questions like Mayors, County Commissioners, School Board Members, or even the Governor himself. Judges, it's argued, are above all that: taking on the label of one party or the other is simply a necessary evil given the reality that these are elected positions.

However, the mere fact that judges must run for office means that they must become politicians at some level. They need the campaign support that a party provides (at least most of them do) and they will have their own campaigns to run albeit smaller and more discrete than their legislative and executive contemporaries.

Does it Matter?

Are they swayed by their party affiliations? Some argue yes. These are the folk that push periodically for judges to be appointed, not elected. Look around, that's not been a very successful venture here in Texas. (Federal judges are appointed here in Texas and elsewhere, by comparison.)

As the appointment debate continues, the reality that Texas faces today is this: a uniform Republican presence on the state's highest courts. Are you comfortable with that?

Did Texas Execute an Innocent Man? Court of Inquiry Into Execution of Cameron Todd Willingham Starts Today - Maybe

A two-day hearing is scheduled to start this afternoon in our state capital - actually in the 299th District Court in Travis County Courthouse down in Austin - and it's not your usual weekday hearing.  Today, an official Court of Inquiry is set to begin, brought pursuant to  Texas Code of Criminal Procedure Article 52.01(b)(2) and the motion filed by District Attorney R. Lowell Thompson of Corsicana. 

The purpose of the action?  To review the case of convicted arsonist/murderer Cameron Todd Williams in order to determine whether or not an innocent man was killed by lethal injection by the State of Texas back in 2004.

This is a big deal.  Of course, it's a big deal if an innocent man was executed -- but it's also a big deal that the Texas criminal justice system appears to be grading its own papers, instituting its own investigation into the matter.  Wow. 

Motion to Recuse the Presiding Judge Also Set to be Heard Today

Before you get ready to drive to Austin, wait a minute.  A challenge to the presiding judge has been filed, too.  Sometime this morning, it's expected that State District Judge Charlie Baird will rule on whether or not he'll preside over the Inquiry.  There are those that argue he shouldn't be involved - including the Navarro County District Attorney, who is seeking the recusal of Judge Baird. (Willingham was convicted in Navarro County - the prosecutor responsible for the conviction is seeking the recusal.)

However, it's curious because Judge Baird's role is not fact-finder: under Article 52.01(b), he must request that the district's presiding judge appoint another judge to review the evidence.  Baird doesn't have that job.

The recusal motion is set for 10:30; the inquiry, at 1:30 this afternoon.  Many are expecting a delay due to the recusal request. 

Of particular note:  Judge Baird has experience in handling a court of inquiry.  He oversaw the court of inquiry into the conviction of Tim Cole (of Fort Worth). 

Result:  Tim Cole was exonerated, posthumously.  (For details on Tim Cole's case, check out our earlier post.)

Was Cameron Todd Willingham Innocent?

Mr. Willingham went to his death never veering from his claim of being innocent of the murders of his three children, Amber (2 years old) along with 1 year old twins Karmon and Kameron, by arson in a fire that killed all three of them as they slept in their Corsicana home back in 1991.  Willingham was tried, convicted, and executed in 2004. 

Numerous respected experts have reviewed the arson investigation and determined that the case against Willingham was filled with errors and based upon outdated methodology. 

What Does This Mean for Us? 

This level of public scrunity into the justice system doesn't happen everyday - grading the papers long after the case is over, and in this instance, the man is dead.   If the State of Texas executed an innocent man, it's a travesty.  However, the fact that it isn't been swept under a rug -- that the system is checking itself -- this is a good thing for Texas. 

DPS Trooper Busted for Selling Real Texas Drivers' Licenses to Illegal Immigrants

A Houston Federal Grand Jury Indictment, unsealed yesterday by U.S. Attorney Juan Angel Moreno, gives the details behind the arrests of Department of Public Safety (DPS) trooper Mark DeArza, DPS clerk Lidia Gutierrez, and service station manager Maen Bittar, each charged with conspiracy to produce illegal identifications by selling fraudulent Texas drivers' licenses to illegal immigrants.

Apparently, this profitable DPS moonlighting business had been operating since last March. No news yet on how many Texas driver's licenses were sold. And, while they were fraudulently obtained, these weren't fake IDs made with the latest computer technology or some copier gizmo. Nope.

These buyers got the real thing: actual Texas Drivers' Licenses were being sold here. Real Ones. Just like the one in your wallet.

Smooth: Pay at the Gas Station, Scoot Over to the DPS Station and Get Your License

Apparently, they thought this through, and things were efficient: the service station guy sold the fake licenses to illegal immigrants from his gas station. Price? $3000 per license. Once he had the cash, he would send the buyers over to the nearby DPS office.

That's right: they walked right into the DPS office, where the clerk and the trooper would process them -- complete with driving test -- nevermind that they had no legal paperwork to establish citizenship, identity, or anything else.

These three are all out on bail right now ($50,000 each). If convicted of these federal charges, they may get 15 years in a federal facility along with a big, big fine of $250,000.00.

How Much Money Did They Make -- We Don't Know.

Let's see. Setting aside the illegally gotten gains here and just considering numbers: $250,000 equals 83 sales of $3000 Licenses. Wonder how much these folk made since March? Did they each sell over 14 licenses a month? Does this fine look that big to them? Just something to ponder.

Ex-Judge Samuel Kent Wants Out of Jail: It's Been a Cruel and Abusive Experience. Surprise.

We've posted about Samuel Kent before -- following his path from a setting federal district judge in Galveston, Texas indicted for sex crimes, through his incarceration after he entered into a plea agreement (he was also the subject of impeachment, but that's a rabbit trail at this point). 

He's always been rather creative and surprising in his legal strategies -- remember when he resigned one year in advance, in a fight to keep his pension?  -- and this week's filing is no different. 

Former Federal Judge Kent Finds Life Behind Bars "Cruel" so He Files Motion for Release

This week, Samuel Kent has filed a former request that his sentence be vacated and corrected. Why? Kent argues that the Bureau of Prisons has allegedly ignored the "intended sentence," entered in May 2009 by (1) denying him admission into the substance abuse program (for the reason that Kent had been sober for a full year before he was arrested); and (2) classifying Kent as a "sex offender" because the prosecution dismissed the sex allegation charges against him. Among other things.

While an inmate in a Florida facility, former judge Samuel Kent provides such facts to support his request as (1) he has suffered from listening to another inmate as the inmate was being raped; and (2) he was forced by a Florida prison official (a "sargeant") to do calisthenics in the nude. 

There's lots more.  Suffice to say, ex-Judge Kent's filing has a lot more juice to it than anything Lindsay Lohen has filed in the past six months. 

Read the details for yourself in the Memorandum filed in concurrance with the Motion yesterday.

DPS Trooper Shoots Driver After Pulling Him Over For Speeding

Yesterday morning -- very early, about 1 AM -- on Interstate 45 in Montgomery County, not too far from Willis, Texas, a DPS Trooper was setting in his squad car, monitoring the radar as traffic rolled past him.  Weather reports show that while the area had seen lots of rain in the aftermath of Hurricane Alex, it wasn't raining at the time. 

Zip, zip:  a car sped by.  Radar clocked it at 100 mph. 

The Department of Public Safety officer drove off in pursuit, and soon enough the race ended.  The speedster stopped his car on I 45, just north of the Interstate 45 and Longstreet intersection. 

No crash.  No weaving through rush hour traffic.  Guy was driving fast at night on a lonely stretch of road, got caught by radar, and DPS was about to give him a big, fat ticket.  

But then, something happened -- and we're still not sure what that was except that the Montgomery County media has been informed that a "physical altercation" happened there on the roadside between the Trooper and the driver.  MyFox Houston is reporting that the guy tried to "resist arrest."  No source given.   The Houston Chronicle is reporting that the man exited his vehicle after being pulled over, and somehow the Trooper "feared for his safety" and shot the guy.  No source given.

What we are sure about:  the driver was shot.  By the DPS Trooper. 

And it was a serious gunshot wound:  first, the wounded driver was taken by emergency medical crew to Hermann Hospital in the Woodlands.  Later, he was LifeFlighted to Hermann Medical Center in Houston, and at last report, he's remains in critical condition.

Critical, as in this guy almost died and he's not out of the woods yet. 

It's reported that several agencies are investigating this incident.  The Texas Rangers are involved.  So is the Montgomery County Sheriff's Department, and the Montgomery County District Attorney.

No reports that the driver was armed in any way.  No weapon -- and it's pretty safe to bet that if this guy had a gun, or a knife, or some wild Martial Arts gizmo, that the DPS representatives would be hot to give the press that info at the get-go. 

So, looks like the guy was not armed. 

No dashcam video has been released, which might help to explain things -- and one has to wonder what story that camera may tell.  Remember the beatings caught on video when the Beaumont cops pulled over the two men over in a routine traffic stop?  It took two years before that video was released to the public (watch it here).

Why Did the Trooper Choose the Hand Gun Over a Stun Gun?

What about those Tasers?  We've reported cops tasering drunks, grandmas, the mentally ill, a pastor, and even their spouses -- if the Trooper "feared for his safety" wasn't this the perfect opportunity to use a stun gun?  The phrase "excessive force" comes to mind ....

We've already written about Montgomery County's problem with tasers -- the Sheriff's Department was involved in the Taser death of suspect Robert Lee Welch, 50 years old, and it was ruled a homicide by Taser last February. Does this mean that the Trooper was so wary of using a Taser that he pulled his GUN instead?

What's to learn here? 

Cops are humans with weapons that can kill you, strapped to their sides.  When they pull you over, you need to be careful.  They can shoot you.  We know, because they do. 

Dallas Police Officer Indicted by Grand Jury for Oppression and Tampering with Police Report

Dallas police officer Daniel Babb was indicted yesterday by the Grand Jury, so he's officially facing criminal charges now.

Officer Babb expected this already -- he had turned himself in to authorities on May 24th. Today, Daniel Babb's already out on bail ($2500) and off the streets under administrative leave.

The Dallas Grand Jury charges Officer Babb with two things: official oppression and tampering with a government document.

How did the Dallas cop become a criminal defendant? This all started around two years ago, when a 14 year old was hurt as a man named Jorge Torres, 21, allegedly held the boy while another man hit him. After the dust settled, the boy tells the story that this was all "horseplay" that he himself began - but at the time of the incident, law enforcement had a different perception.

The cops were thinking a crime had occured: injury to a child.

According to the reports, Dallas police were called to a domestic disturbance. Once there, Officer Babb - on the job around two years at the time this is going down - told Jorge Torres he could stand up from the curb where he was sitting during questioning, because ants were crawling on Torres' hands.

Texas ants. We all know what they can do. So far, so good for Officer Babb.

What happens next, according the reports, is where things go haywire. In his police report, Officer Babb states that he "felt threatened" by Torres after Torres stood, so Babb "used a balance displacement technique." This "technique" made Torres fall backwards over the curb and onto the ground. No news on where the ants were.

Torres Suffered Minor Injuries From Officer Babb's Actions

The police reports confirm that Torres got some medical attention at the scene, so we know he suffer some kind of minor injury here. However, other cops at the scene also reported that Officer Babb lost his temper at Torres, and shoved him to the ground without just cause.

The public integrity unit investigated, and found that Officer Daniel Babb had used excessive force. They also ruled that he had fudged his police report about what had happened.

So, Officer Babb's three year career as a Dallas Police Officer is in question right now. Of course, he's still on the force (though he's not on the streets) and he's still got a defense to present.

What Happened to Torres?

Jorge Torres got three days in jail because he refused to give the police his name when all this went down. The injury to a child charges? Dropped. The 14-year-old boy told the police that he started the whole thing, he wasn't a victim here.

One lesson learned? When reading Dallas Police Department records, note that the definition of "balance displacement technique" is "shove."

Dallas Grand Jury Subpoenas County Constable Adamcik - The Towing Plot Thickens?

The ongoing investigation into the Dallas County Constables may be expanding.

We've already posted on County Constable Jaime Cortes (Precinct 5) and Constable Derick Evans (Precinct 1) - they're in the midst of an ongoing investigation into possible criminal acts by Dallas District Attorney Craig Watkins.

If you'll remember, it took awhile for Watkins to start investigations into the possible bad acts involving towing policies in Precincts 1 and 5 -- the Dallas County Commissioners had asked the District Attorney to investigate at least three times and zip had been done, etc., etc.

On Monday, grand jury subpoenas were issued to Dallas County Commissioner Ben Adamcik (Precinct 3) and three of his deputies. Seems that Adamcik, as well as his underlings Tony Lewis, Richard McKnight (the Chief Deputy), and Bertha Roop will be testifying to the Grand Jury on Friday.

Adamcik's a former cop, and he's telling the press that he's got absolutely no idea why he and his folk have been called downtown -- his precinct is "boring."

That may be. North Dallas may be boring. Adamcik and his folk could have been called down there for any number of reasons. But when the District Attorney's Public Integrity Unit Investigation into bad acts by County Officials spreads its web into yet another precinct, you gotta wonder.

And face it. These days (as reported on this blog and its brother), having a background in Texas law enforcement isn't exactly a stellar recommendation of integrity.

Let's watch and see what happens here.