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
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
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
Have you seen the news? The FBI has announced errors in its database which is used across the nation and in Texas. In two prior blog posts (on separate sites), I addressed this issue. August 7, Just How Accurate is DNA?, HCCLA.org (with memo downloads) September 18, FBI DNA Calculation Errors, HCCLAtv.com Today, Fox 26 News … Read more
How long must someone be punished for a criminal act? When is that person’s debt to society ever forgiven? In Texas, it’s a lifetime debt. Convictions for criminal acts (from a class B possession of marijuana to murder) will always remain a part of a person’s criminal record. Criminal records are available online and forever. … Read more
Just when I think I run out of steam, another Defender energizes me! View and download this issue here We have an amazingly talented group of writers who regularly assist me by providing research and writing on current criminal justice topics. And we have an amazing designer who brings the pages to life through pictures. … Read more
Maybe you have been following the David Temple case. Maybe you haven’t. In short, David Temple was convicted of killing his wife in a totally circumstantial cold case prosecuted by Kelly Siegler, former Harris County Assistant District Attorney turned semi-celebrity on TNT’s Cold Justice. In case you hadn’t followed the events here is what you … Read more
Sadly, many people do. Samuel Gross, a law professor at the University of Michigan and editor of the National Register of Exonerations writes: In the past year, 45 defendants were exonerated after pleading guilty to low-level drug crimes in Harris County, Tex. They were cleared months or years after conviction by lab tests that found … Read more
Chronicle Editorial Hits Nail on the Head: Hollywood ending, A potentially innocent man sat behind bars so that a prosecutor could get on television. “an awful lot of razzle dazzle for the serious business that goes down in criminal courtrooms” Some prosecutors forget. Some never know it to begin with. But, criminal courtrooms are serious … Read more
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