Harris County We Have a Brady Problem

For years, Texas and particularly Harris County, has struggled with the concept that prosecutors are to seek justice, not just convictions, and further they are to disclose favorable evidence, mitigating evidence, and even impeachment evidence. You know, the Brady stuff! Well Texas wins loses again and requires the Court of Criminal Appeals to affirm that … Read more

Just Because You Can, Doesn’t Mean You Should – Revisited

One year ago today, I wrote “Just Because You Can, Doesn’t Mean You Should” to discuss the discretion of prosecutors. Prosecutors can and do choose which offenses and people they will prosecute. It’s a matter of resources. It’s a matter of proof. It’s a matter of discretion. Every case that is prosecuted requires some portion … Read more

Waller County Jail Report

 The Waller County Civilian Commission report is finally out, and you can read it here: Recommended Police and Jail Practices We finished our review, and our report! Joined by Hon. Craig Washington, Hon. Morris Overstreet, Juan L. Guerra, Randall Kallinen, and Paul Looney, I spent countless hours trying to help the citizens of Waller County. In … Read more

Just Because You Can, Doesn’t Mean You Should

Sure, a prosecutor can choose to prosecute a case, but that doesn’t always mean he or she should. Trace Cocaine Cases Years ago, then Harris County District Attorney Pat Lykos made the choice to decline prosecution of trace amounts of cocaine. This didn’t mean she approved or condoned cocaine possession. It didn’t mean cocaine cases … Read more

Prosecutor Accountability?

Texas leads the nation in convicting innocent people. Appalling! This is not a lead to be proud of. According to the National Registry of Exonerations, Texas led 2013 in convicting innocent people, and over the years, Texas has always remained in the top four states for convicting innocent people. Convictions of innocent people can be … Read more

49.04 + 37.09 = NOLLE; Police Video Exploits

On July 23, 2011, C.O. was arrested for DWI by Harris County Sheriff’s Deputy Anthony Aulds. According to the report, Deputy Aulds received a call about a Chevy Silverado following an intoxicated driver westbound on Gulf Pump Road. The call slip said the Toyota had run off the road three or four times.[1] At 02:08 … Read more