In Dallas, District Attorney candidates are debating the proper method for calculating "conviction rates," but personally I agree with Harris County DA Pat Lykos who told the Dallas News: "she doesn't even calculate the rates. 'We seek justice,' Lykos said. "Justice cannot be quantified in terms of wins and losses or batting averages.'"
Allen Porter walked free an innocent man in Houston yesterday after DNA and fingerprint evidence convinced Harris County DA Pat Lykos to reopen the case after 19 years. Allan Turner at the Houston Chronicle described the emotional scene in court:
Dabbing at her teary eyes, state District Judge Joan Campbell said Thursday she will recommend that authorities free a Houston man who has served 19 years — almost half his life - in prison for a sexual assault he did not commit.
As members of his family jumped from their seats in tearful ecstasy at the judge's decision, the prisoner, Allen Wayne Porter, 39, first shed tears, then smiled broadly.
In response to a query from Grits, Harris County DA Pat Lykos emailed me today with a little more detail on the idea she proposed at the House Corrections Committee hearing last month to create detox centers where police could take intoxicated people instead of jail. She writes:
Detoxification Centers:
When a person is intoxicated in public, that individual is vulnerable and endangered and can be a danger to others; it is also a quality of life issue in our neighborhoods. The offense is under 49.02 PC. Currently, such individuals are subject to arrest and jail. This consumes enormous resources in arresting, transporting, booking, jailing and releasing them. Officer time out of service leaves our communities unprotected. Leaving such person on the streets where they can come to harm often engenders ambulance calls and emergency room treatment.
The Texas criminal defense blawgosphere has done itself proud regarding the story of Houston PD's new, probably illegal policy that their officers can't speak to defense counsel without prosecutors' permission.
Murray Newman first broke the story on July 1 at Life at the Harris County Criminal Justice Center, publishing the actual memo text, as I'd noted a couple of weeks ago. The Houston Chronicle followed up with a story July 7 quoting Newman: "It is absolutely destroying any last vestiges that a police officer is a neutral witness who is just trying to figure out what happened," Newman said ... "If, theoretically, the truth is supposed to help you, why would anyone advocate hiding it?"
After the Texas Tribune praised Judge Sharon Keller for grantmaking by the Texas Task Force on Indigent Defense while she was chair, yesterday I mentioned in reaction that "a little-discussed 2009 report from the state auditor lamented that the CCA 'lacks formal, written policies and procedures for awarding and administering grants.'"
In the comments, Charles Kuffner rightly noted the irony: "And of course, it was a lack of formal, written policies and procedures regarding last minute death penalty appeals that got Keller into official trouble in the first place. Funny how these things work, isn't it?" Indeed! If we're going to be giving CCA judges credit for grantmaking under their watch, they should also be held accountable for its more problematic aspects.
Dallas District Attorney Craig Watkins will be interviewed this a.m. by Evan Smith of the Texas Tribune in a public event here in Austin, and though I'd RSVP'd, I regret seeing no option but to skip the show to focus on an important, unrelated work deadline. Watkins hasn't been speaking much to local reporters in Dallas so this will be an opportunity to get answers on the record to many of the questions swirling around Constablegate and some of the other topics swirling around the embattled DA. Wish I could be there.
Instead of handing the constable corruption cases off to the Attorney General, Dallas District Attorney Craig Watkins yesterday assigned a special prosecutor to the case, Ted Lyons, who is a former Democratic state senator and reportedly a contributor to Watkins' campaign. (See the Dallas News coverage.) Further muddying the waters, though, the DA's office claimed without documentation or any specifics that there was a conspiracy to lie to accuse public officials of wrongdoing, including Watkins. They've primarily asked Lyons to investigate THAT, judging by comments from the DA's first assistant, treating as an afterthought allegations of kickbacks to constables first reported to the DA's office by the county auditor back in February 2008.
After initially denying it, Dallas DA Craig Watkins acknowledged this week that his office was notified in early 2008 about corruption allegations regarding Dallas County constables - in particular alleged kickbacks from a towing company employed without authorization. A Dallas News editorial rightly says the revelation wounds the DA's credibility.
The County Auditor says Dallas DA Craig Watkins' office was told two years ago about alleged "unreceipted" payments from a towing company to Dallas County constables, reports the Dallas News ("Auditors office says it can prove Dallas DA's office got towing memo in 2008," May 26):
The Dallas County auditor's office said Tuesday it has proof that a memo outlining criminal allegations against Constable Jaime Cortes' precinct was hand-delivered to District Attorney Craig Watkins' office in February 2008.
Watkins, responding to criticism that he has been slow in reacting to corruption charges against constables, denied Monday that he or his office knew in 2008 about the allegations of kickbacks to Cortes' office from the Dowdy Ferry towing company.
Now that the Dallas DA's conviction Integrity Unit has mostly vetted the old DNA samples, they're starting to look through possible innocence cases in cases without DNA, which are much more numerous but also harder to definitively prove. Here's how the story in the Dallas News by Jennifer Emily opens ("Dallas County district attorney's conviction integrity unit to focus on non-DNA cases," May 23):
It's been almost a year since the last DNA exoneree walked out of a Dallas County courtroom and into the world as a free man.
The flood of exonerations in Dallas County, where since 2001 more wrongfully convicted people have been freed through DNA testing than anywhere else in the nation, is slowing to a trickle. There are only so many cases where genetic evidence is available to test.
But the work is far from over.