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?"
Coupla stories out of Houston PD bear watching:
First, four officers have been indicted, seven fired, and 12 disciplined after the brutal beating of a handcuffed suspect who'd run from police was captured on videotape.
Second, Moises Mendoza and James Pinkerton continue their excellent reporting on Houston PD's fingerprint lab, describing the results they got back from a recent public information act request. Bottom line: "In the last 10 years, communication broke down between supervisors and ground-level employees. Meanwhile, command staff failed to give employees adequate training, didn't keep pace with technological advances and allowed the lab to physically deteriorate, according to audit reports."
Yesterday the Harris County Commissioners Court bypassed the opportunity to put jail bonds on the ballot as Sheriff Adrian Garcia requested, instead criticizing Garcia for his unilateral decision to take prisoners contracted to a Lousiana jail and move them to Texas counties which charge more money.
Commissioner Jerry Eversole said he'd have been indicted if he did the same thing, but I don't think so unless there was some financial or political quid pro quo. It was a fiscally imprudent decision, but probably not a criminal one unless there's some unstated evidence of kickbacks or patronage that hasn't been alleged. In any event, commissioners have figured out it's cheaper in the short to medium run to rent contract beds and focus on expanding diversion programs than to build new jail facilities they can't afford to staff.
I don't have time to analyze each of them, but several different items related to indigent defense and public defender offices caught my attention recently:
Harris County Sheriff Adrian Garcia wants to reframe the debate over jail bulding - hoping to succeed where his GOP predecessor failed - by portraying an expanded booking center and extra beds as providing services for the mentally ill. However, Marc Levin and Ana Yañez Correa rightly suggested to the Houston Chronicle that "The costs of running a new building - utilities, staffing, maintenance - will compete for tight budget dollars with reforms that would divert more mentally ill arrestees into treatment instead of cells."
Several jail related items caught my eye recently, beginning with this Austin Chronicle story from Jordan Smith published yesterday reporting that:
Last week I questioned why the Houston Community College police force needed its own SWAT team, and a couple of commenters protested that I improperly demeaned the quality and professionalism of campus police when I noted that, "Unfortunately, smaller agencies have less training, less pay, and most importantly the pool of quality supervisors isn't even big enough for all the municipal agencies and sheriffs, much less a zillion smaller shops."
But another story out of HCC again makes me question supervisory systems at these smaller agencies. Officer Colleen Adams, who is under investigation in a racial profiling episode, was the subject of a letter from 10 colleagues to supervisors claiming she shouldn't be a cop, but top decisionmakers kept her on the force. Reported KHOU:
From the Houston Chronicle we get this disturbing, bordering on ridiculous news:
The Houston Community College Police Department is the subject of several investigations following the firing of at least three officers.
Those officers and others still on the force also have raised questions about Police Chief Gregory Cunningham's qualifications for the job, as well as his decision to create a heavily armed tactical unit.
The Houston Chronicle reports on Texas' latest DNA exoneration, this one stemming from a mistaken eyewitness and faulty forensics from the Houston crime lab:
A Houston man freed last year after spending 23 years in prison for a rape he did not commit cleared another hurdle Tuesday in his quest to be declared “actually innocent.”
DNA test results released in court Tuesday show that Ernest Sonnier, 47, was not involved in a second rape, which ended in a murder for which he was a suspect in 1985, said Alba Morales, the Innocence Project staff attorney handling the case. She said the test excluded Sonnier from being involved.
Reports the Houston Chronicle: "The Houston police officer who died Wednesday after crashing his patrol unit hit speeds of 90 mph and was not wearing a seat belt as he attempted to catch up to a chase of a suspected car thief, HPD Chief Charles McClelland said." My condolences to the officer's family and friends on their loss. As in so many other cases, it's hard not to wonder if this outcome couldn't have been avoided if Officer Eydelmen Mani had just buckled up.
Earlier this year, the Chron's Moises Mendoza wrote a story on the subject of police and seatbelt use, noting at the time that "During the past three years, 16 Texas police officers were shot to death, but 18 died in car and motorcycle crashes." Today's story notes that: