Murray Newman wants Devon Anderson to re-try the killer of Officer Charles R. Clark!

Murray stated it was Mike Anderson’s intent to give Officer Charles R. Clark’s killer a new trial. Wow, I guess we can’t ask him if that is true but one thing is for sure, Devon Anderson promised to prosecute all cop killers personally to honor her husband’s campaign promise. Now, there will not be a videotape this time, like in the Harlem Lewis trial, but Murray will tell you Devon Anderson is the greatest prosecutor of all time. What would Devon tell the Clark family if she did not personally prosecute the case – they are not worthy of her efforts? Devon is not about to let the law enforcement community down. Alfred Dewayne Brown and the Clark family need justice.

Of course, I will be discussing Murray’s comments concerning grand juries at length.

Devon Anderson and HPD

“Tonight, Houston homicide detectives are working to solve the murder of a man found stabbed in a parking lot.”

In Houston, the first five minutes of every newscast includes words like these. When we

Ryan Chandler and bride to be

Ryan Chandler and Chief Prosecutor Inger Hampton wearing Mike Anderson stickers.

hear news reporters providing minimalistic details of yet another murder, we believe that detectives will work to solve that particular crime because solving crimes makes us safer. Unfortunately, when Ryan Chandler and some others were assigned murder cases at the Houston Police Department, investigations remained idle and murderers remained free to roam. Thanks to the efforts of James Pinkerton, we know that Chandler had a variety of lapses including waiting years to file reports and lying about the status of murder investigations.

For years, Houstonians have heard of problems with the Houston Police Department. Historically, these issues surrounded police brutality – think Joe Campos Torres. In 2003, the city was shocked to learn about the total failing of the HPD Crime Lab. Instead of solving the root problem of incompetence and poor internal governance, our local government has simply created smoke and mirrors. Recently, Annise Parker created a local government corporation to “control” the crime laboratory; however, problems still remain.

It is long past the time that HPD withdrew from the crime lab business. Scandal after scandal has led to more bureaucratic bumbling with the same management in place. Bill King wrote a great op-ed piece in the Houston Chronicle about the crime lab situation.

Another scandal broke over the holiday weekend. A senior police officer is under investigation for signing in police officers at the municipal courts when these officers were actually absent.

The purpose of the criminal justice system is to hold people accountable for their conduct and make a community safe. Our local government seems to believe that their allegiances are to the police union rather than the people of Houston. The District Attorney’s office is meant to be that checkandbalance – the watchdog of the police.

Now, the police department is embroiled in one scandal after another that festers because the DA’s office can’t or won’t do its job. Ryan Chandler is just the latest exampleof poor law enforcementleadership manifesting itself through shameless politics and mismanagement. I say this because Chandler is indicative of the problems of the crime lab, HPOU, and the command structure of HPD itself.

The HPD organizational structure is very top heavy. Each division has a number of chiefs and captains; yet, people like Ryan Chandler are permitted to exist for years. Tim Oettmeier serves as an Executive Assistant Chief over the Homicide Division at the Houston Police Department, which meant he headed up investigations during the time of theChandler scandal. Somehow, he missed the fact that Chandler’s supervisors continued to offer identical performance evaluations.Ray Hunt Anderson Photo

It is no wonder that HPOU is linked up with Allen Blakemore – they both have a desire to control the local law enforcement scene. After the Pat Lykos administration prosecuted HPOU members for theft, the union paired with Allen Blakemore in November 2012 to criticize Lykos’s trace policy that had been in effect for two years. Of course, this was the public kickoff to Blakemore’s campaign to take back the DA’s office.

The truth was that Lykos, at the encouragement of senior prosecutors (who would later support her opponent), announced that, beginning in January 2010, the Harris County District Attorney’s office would not prosecute cocaine possession cases where the amounts were so small that the evidence could not be retested by the defense. At the time, the police union said that they would work together with the DA’s office.

Two years later, the union acted like they were horrified by this trace policy, even though it had been in effect for two years. The union teamed up with Blakemore to take back the DA’s office. A group of folks either sat idly by or actively participated in using a grand jury for an unlawful purpose, to oust a District Attorney.

Now, the current DA is supported by the union and is also a Blakemore client. Feel safer?

What is the future for the Houston Police Department? The agency ordered a recently-released Operational Staffing Report. As you may guess, the police report says that there is a staffing shortage and the answer to unsolved crime is more police. Instead of maximizing current staff, the Houston Police Department wants to keep the same structure and continue down the path of a less-safe Houston. This department wants the public to pay them to raise the crime rate. It has become a culture to them. Our elected officials need to reverse this problem by paying them to lower the crime rate with real results. In the last ten years, the police department’s budget has increased from $431 million to over $800 million – and not one officer has been added to the force. Truly, not only are we less safe; but, the officers themselves are less safe because of the outdated structure.

The future without change is that this reactive justice system will spiral out of control and our city will be overrun by the criminal element. It is time for our local leaders to use this opportunity to make a structural change to the Houston Police Department. Unfortunately, I don’t think the current leadership has the guts to make these necessary changes. It is easier for everyone to continue to support the union and the outdated structure. That way, no one risks a political endorsement. It is a culture of complacency.

Ed Gonzalez, a city council member and former homicide detective, is embroiled in the Chandler scandal. Do you think that Gonzalez has any suggestions about good governance concerning the police?

Why does the Harris County District Attorney’s office permit expensive special prosecutors like Jim Mount on certain cases; but, when a HPD homicide detective (married to a Harris County Assistant District Attorney) is accused of lying and potential criminal activity, the case is shipped off to the office of a former police union lawyer? And, of course, it was not surprising to see Chip Lewis, the DA’s favorite defense attorney, insert himself into the Chandler situation. Maybe that relationship deserves a closer look.

So, are we safer without Chandler?We know that solving crimes makes us safer. Holding people accountable for their actions is necessary to prevent future crime. Future offenders need to understand that this behavior will not be tolerated in our community. Firing one guy fails to attack the root of the systemic problem. Without pulling up this root, we will remain unsafe.

Mommy, there is a man in the restroom

Lincoln MorenoYesterday, I had the opportunity to see D-Day Normandy 1944 at the Houston Museum of Natural Science. This movie discussed Operation Overlord, otherwise known as the Battle of Normandy. On that day, the longest day, the allies lost countless lives. Memorial Day is an important tribute to those who have given their lives for our freedom and liberty.

The Fourteenth Amendment of the United States Constitution contains the Equal Protection Clause that prohibits states from denying any person within its jurisdiction the equal protection of the laws. So, why would Annise Parker, in her last term, champion an equal rights ordinance, especially when our Constitution covers discrimination? Could it be that this is simply a slight of hand, a distraction for the true purpose? Maybe Exxon wasn’t enough and she wants to run every business out of town? Why would she say that the ordinance was created in response to a Washington Avenue bar denying entry to a black man but never discuss the ordinance with NAACP leaders?

I have followed much of the local reporting on Parker’s edict and I feel like many people are missing the bigger picture. One of the basic government functions is public protection. The government is tasked with providing police, fire, and ambulance for the general public. Also, the government should pass laws that assist public safety. So, how would Parker’s policy affect public safety?

Imagine that you are the parent of a young child. After church, your family visits a local restaurant and your daughter needs to use the restroom. You take her to the bathroom. Inside, there are two small, narrow stalls; so, you send your daughter into one of the stalls as you stand guard outside. Your daughter is speaking, but you can’t quite understand her words. Just then, you see a man peering under the bathroom stall and staring at your four-year-old daughter as she uses the restroom. You think this is fiction? Think again.

On a Sunday morning in October 2010, Lincoln Moreno, a serial peeper, was looking at a four-year-old girl as she used the bathroom at Café Express in Meyerland. The child told her mother, “Mommy, there is a man in the restroom.” The mother did not see anything at first. Then, she looked down and saw a shadow of a head underneath the stall and a bag. Once captured, law enforcement discovered that the man had electrical tape, duct tape, a sock with a pacifier, a plastic bag, and a recording device.

Moreno also has a lengthy criminal history. This was his eighteenth criminal trespass conviction in Harris County. He has a prior conviction for indecency with a child. After he was arrested for the Café Express peeping, several of his relatives came forward and said that he molested them in the past.

Since Moreno was not using the recording device, the only crime on the books that fit the facts of Moreno’s voyeuristic conduct was criminal trespass and that, in itself, failed to result in adding Moreno to the sex offender registry.  State Representative Garnet Coleman publicly decried this “serious flaw in our system” because the “punishment didn’t fit the crime.” Garnet Coleman said that he wanted to create a new legal penalty for peeping in a restroom that defined the offense as a sex crime. Coleman told reporters at the time that these crimes are “most often committed against women and children.” “Individuals who grotesquely and repeatedly violate an individual’s privacy during a private moment should be on the registry.”

In 2011, Coleman sponsored House Bill 2822, which amended the criminal laws relating to disorderly or lewd conduct in a public place. This bill was lost in committee. Today, the law remains unchanged.

During the 83rd Legislative Session, in 2013, Garnet Coleman, instead of taking up the Lincoln Moreno matter, authored House Bill 3324, which added the words “gender identity or expression” to the penal code. This language would enhance an offender’s punishment if the crime was committed with this specific bias or prejudice. This bill was left pending in the Criminal Jurisprudence Committee.

Given this context, the obvious question of the day is whether the equal rights ordinance now provides a defense (or a cover) for people like Lincoln Moreno. Is this equal rights ordinance the type of liberty that men and women have sacrificed their lives for? Doesn’t the Constitution already cover equal rights and discrimination? Shouldn’t the focus be on protecting women and children? Should this equal rights ordinance be made law before we make laws to protect children from Lincoln Moreno? As the city council members vote on this ordinance, they need to think about Lincoln Moreno and his victims.

Harris County DA, HPD Homicide scandal widens

Chronicle Reporter James Pinkerton continues to kill it. His latest Easter Sunday article includes information from the recently obtained disciplinary records for the officers fired and disciplined in the HPD homicide unit scandal. The revelations were countless and shocking. Let me try and summarize the facts.

  • The disciplinary records reveal that the investigation involving (former) HPD Homicide Detective Ryan Chandler began because members of the District Attorney’s office, presumably prosecutors, complained that Chandler refused to testify about his cases at trial. Stunning.
  • HPD Homicide and members of the District Attorney’s office knew about Chandler’s problems and, possibly, the missing files, when Pat Lykos was the Harris County District Attorney.
  • HPD Chief Charles McClelland called Chandler a “liar” with “a severe lack of sound judgment.” Chandler failed to adequately investigate 21 cases, including 15 deaths, misplaced files and evidence, and falsified police reports.
  • The disciplinary records state that Chandler made false entries into offense reports.
  • In a case where a convenience store clerk was murdered, HPD developed the suspect in 2007 and failed to investigate the case until May 2010.
  • After a 2005 murder, two eyewitnesses quickly identified a suspect. Even though a suspect was identified, Council Member Ed Gonzalez’s only effort to find the suspect was to contact the suspect’s wife via the telephone. Years later, the suspect was deported to Honduras without prosecution on the homicide case and the victim’s family is left without justice.
  • The Harris County District Attorney’s office forwarded the case to Montgomery County District Attorney, Brett Ligon, a former attorney for the Houston Police Officers’ Union (HPOU). Chandler is now represented by an attorney for the HPOU.
  • Ligon concluded that no criminal wrongdoing occurred without an impartial grand jury investigation.

If the HPD Homicide Division was having problems, shouldn’t the sitting Harris County District Attorney be told immediately about these issues? We know that, at a minimum, the problems with Chandler began to come to light when Pat Lykos was the District Attorney. Shouldn’t someone have told the sitting district attorney about a homicide detective’s refusal to testify?

Following the publication of Pinkerton’s story, I spoke with Lykos and Jim Leitner, her First Assistant. Neither Lykos nor Leitner knew anything about an investigation into Chandler or any other homicide detective. This is stunning because the article by Pinkerton states that, in 2012, members of the District Attorney’s office complained about Chandler to the Houston Police Department.

The revelation of Chandler’s refusal to testify presents more questions than answers.

  • Who first discovered Ryan Chandler’s refusal to testify?
  • Did they tell anyone?
  • Did they take any action?
  • Who knew about Ryan Chandler’s refusal to testify?
  • When did they know?
  • When did HPD Homicide learn about Ryan Chandler’s refusal to testify?
  • Did they tell anyone?
  • Did they take any action?
  • Were individuals convicted without Chandler’s testimony? If so, who are these defendants?
  • Has anyone identified these cases to the defense bar?
  • Did the Anderson administration know about Chandler’s refusal to testify in homicide cases when they accepted his $550 campaign donation?
  • Was Allen Blakemore, the Anderson (and Ligon) administration’s campaign consultant, aware of the HPD issues?

What about the missing files?

  • When did HPD learn that homicide files were missing from the division?
  • Did they tell anyone?
  • Did they take any action?
  • When did the Harris County District Attorney’s office learn that homicide files were missing from the division?
  • Who from the Harris County District Attorney’s office knew that homicide files were missing from the division?
  • When did they know it?
  • Did they tell anyone?
  • Did they take any action?
  • Has anyone identified these cases to the defense bar?

Clearly, Chandler was very excited about the Anderson administration. Not only did he

Ryan Chandler and bride to be

Ryan Chandler and bride to be

donate $550 to the campaign, he attended the victory party at a midtown restaurant. Here he is, wearing an Anderson sticker, with his girlfriend.

Anderson Campaign Finance Report 12.21.11 Donation

Anderson Campaign Finance Report 4.26.12 Donation

How could prosecutors at the Harris County District Attorney’s office know about Chandler’s refusal to testify without telling Lykos or Leitner? Were they friends with Chandler’s girlfriend, a Chief felony prosecutor and leader of the conviction integrity unit? Were they waiting for the Anderson administration to sweep this under the rug? Did they ever plan to tell the defense bar about these problems? Will there ever be any Brady disclosures?

There needs to be an impartial investigation by the Washington based Department of Justice Public Integrity Unit or the Texas Rangers. One of the Democratic Judges needs to appoint a Special Prosecutor. This is public corruption at its worse involving law enforcement and members of the Harris County District Attorney’s office.

Harris County Grand Jury Reform

It has been widely reported that Harris County DA’s office decided to send the HPD homicide investigation to Montgomery County DA Brett Ligon. While this is not a crime in and of itself, Houstonians deserve a complete and independent investigation by a source free from connections to HPD. I am sure that Harris County District Attorney Devon Anderson would argue that she would have been criticized if Harris County had retained the investigation or farmed it out; but, was it really necessary to send the investigation to the district attorney with direct connections to the Houston Police Officers’ Union? This is a fundamental question of judgment.

The Chronicle has it right when they call for an independent investigation of the Police. The officers themselves should want their names cleared by an independent investigation. Think about the crime lab investigation performed by Michael Bromwich, an independent entity.

The investigation cannot remain with the Harris County District Attorney’s office because Ray Hunt Anderson Photothe current appointed district attorney, Devon Anderson, has a relationship with the Houston Police Officer’s Union. This group was instrumental in generating an opportunity for Mike Anderson to be elected. Additionally, we know that Devon has represented at least one member of the Houston Police Department. After Mike took office, the remaining Chad Holley cases were delegated to special prosecutors because Devon represented one of the police officer defendants.

Pollard-and-Anderson-whisper-secrets-1-500x300

Mike Anderson whispering to his 4 time appointed grand jury foreman Patricia Pollard, and the grand jury foreman of the 185th grand jury.

Then, Allen Blakemore’s connection to everything evil cannot be overlooked. He served as Mike’s political consultant. He is currently Devon’s consultant. He is Brett Ligon’s consultant. He has a relationship with the police union. It is public record now that Allen Blakemore knows how to use a grand jury for a political purpose: think 185th. That evildoing involved Judge Mike Anderson’s longtime grand juror, Patricia Pollard, along with Blakemore, Judge Susan Brown, and many others. A picture is worth a thousand words.

While this group is willing to use a grand jury (along with special prosecutors, the District Attorney’s office, and judges) for a political purpose, the real issue is the grand jury system. The major metropolitan areas in Texas have done away with the grand jury commissioner system. Not only is it unnecessary, it is unjust. The commissioner system allows judges to pick their friends as commissioners and grand jurors. It permits people like Pollard to sit on multiple grand juries for the same judge. We know that she served as Mike Anderson’s grand jury foreman for four grand jury terms.

There is a just alternative: selecting grand jurors from the jury pool. A few Harris County District Court judges have pulled their grand jurors from the jury pool; so, selection from the jury pool can certainly be done in Harris County. Of course, this system would not allow judges like Susan Brown to put together a political grand jury. It would also stop shenanigans like Judge Marc Brown, Susan’s husband, appearing before his wife’s grand jury without a prosecutor. And, a grand jury from the jury pool would easily sniff out “special” prosecutors like Jim Mount and Stephen St. Martin.Screenshot 2014-04-13 10.19.07

In 2004, the Houston Chronicle pointed out the ethical dilemma of the grand jury commissioner system. The system was designed for actors with integrity. Without people of integrity, the system fails.

Devon Anderson, and the Texas Rangers Investigation

 Chandler HPD Photo

The Harris County District Attorney’s office has a dilemma, compounded by a conflict, in search of a guy name Brady. A month or so ago, there were rumblings around town that a Houston Police Department homicide detective was under investigation. On Friday, Houston Police Chief Charles A. McClelland, Jr. called this (former) police officer a liar and announced that the officer was fired. Of course, bad news always hits on a Friday.

Back on March 5, Jeremy Rogalski from Channel 11 reported that the homicide detective accused of sloppy work, Ryan Chandler, had received identical performance reviews. All four of Chandler’s performance reviews from 2011 and 2012 were “virtually identical.” They even included the same misspelling: “investigattions.”

On Friday, James Pinkerton reported in the Houston Chronicle that at least 24 homicide cases in the city of Houston were not investigated. Houston City Councilman Ed Gonzalez, a former HPD homicide detective, was recently in possession of pending homicide files. He told Pinkerton that he took the files with him when he left HPD for Houston City Council in 2009. Now we know that seven other officers from the homicide division have been disciplined for playing a role in the failure to investigate murder cases in Houston, Texas.

There is no question that, even at the outset, this was obviously a huge scandal. The actions of local law enforcement and a shared political consultant, Allen Blakemore, have turned the scandal into actions that require investigations by the Texas Rangers and a special prosecutor. It is not surprising to most that Allen Blakemore is the center of evil when it comes to the Harris County District Attorney’s Office.

Unsolved homicide cases leave unidentified murderers on our streets and families without answers. So, who is investigating the actions (or inactions) of the Houston Police Department? Typically, the Harris County District Attorney’s office would investigate HPD’s behavior. Instead, the investigation was forwarded to the Montgomery County District Attorney’s office at the request of the Harris County DA. This may have been done because Chandler is engaged to a Chief Prosecutor in charge of conviction review at the Harris County District Attorney’s office.Chandler Hampton Photo

The new Harris County District Attorney, Devon Anderson, forwarded the investigation to Montgomery County District Attorney, Brett Ligon. Brett Ligon, an Allen Blakemore client, is also a former union attorney for the Houston Police Officers’ Union. So, now we know that Brett shares a political consultant with Devon Anderson. And they share their political consultant with the Houston Police Officers’ Union. And, before Brett was the Montgomery County District Attorney, he represented HPD officers on a full-time basis for almost ten years. Let me be clear, Brett Ligon represented HPD officers who were disciplined by the department or in trouble with the law. And, of course, Mike Anderson was endorsed by the HPOU. I did contact Jeff McShan, the spokesman for the Harris County District Attorney’s office on Friday and asked for an opportunity to speak with Devon about these issues. I have yet to hear back.

Mike Anderson campaigned on the restoration of integrity to the Harris County District Attorney’s office. After Devon was appointed by Governor Perry, her mouthpiece at the time, Chip Lewis, said that she would “continue the good work” done by Mike. So, wouldn’t you think that Devon would want to avoid even the appearance of impropriety? Why would she forward an investigation of Houston Police Department officers to a former HPOU lawyer? Did Brett Ligon ever represent any of the officers currently under investigation?

Do these disciplined officers continue to work in the homicide division? Do they continue to testify? Has the defense bar been notified about these problems and conflicts? Are these uninvestigated murder cases being reviewed and properly investigated? Are murderers roaming our streets because of law enforcement’s incompetence? Will these murder victims ever be acknowledged? If any of these cases ever go to trial, how will this situation be handled? Were officers paid to not investigate cases? Is that a crime?

The people of Houston deserve a truly independent investigation by the Texas Rangers and a neutral special prosecutor. Allen Blakemore cannot continue to use the courthouse and the District Attorney’s office as his playground. Blakemore controlled the District Attorney’s office through the Chuck Rosenthal administration and we saw the end of that story. It’s always the cover up that gets you.

Amanda, thank you for your deposit of $85,000!

Amanda,

Sorry I have been remiss in posting about your and Chip’s misdeeds. I did want to thank you for placing your $85,000 into the Lynn Hughes’ court registry for Rachel. Now please understand we are adding the additional legal fees incurred by you for your completely bogus and laughable response to our response. Not that you ever had a discernible case for anything but a frivolous suit but your latest filing takes the cake! We all laughed and are betting you wrote it because no competent lawyer would send that to the 5th circuit.

Now we need all your money so keep up the good work. Watch what the 5th circuit does with our request for additional fees for your continued stupidity. Consider this a teachable moment for your law career and hey who knew you could be the law of the land and the case on point for the Citizen’s Participation Act. Elected officials everywhere thank you, well except Devon Anderson who this will turn out worse for her then you. I thank you and Chip for the opportunity, and yes I am having fun putting you in the poor house!

You need to go back and read these posts, pretty uncanny how I predicted your demise. You are a fool and soon be parted from all your money!

Thanks for playing!

Don Hooper

Amanda Culbertson, pay up!

Amanda,

By now you know there is a turn over sitting on Judge Hughes desk for your assets. Understand, you wanted to make this personal so now I do too.

You need to get Scott and Chip and go down to Hughes’ court and explain why the order should not be granted. Understand that the argument should include some sort of explanation of why you filed a frivolous lawsuit since you made 500,000 dollars over the last two years. We will get every dime of your money and with a letter of recommendation from us for law school.

Yes, my hand is sore from slapping your lawyers around the courthouse and commissioner’s court, again. You should notice a missing item from yesterday’s agenda from Commissioner’s Court.

Please keep driving up the legal cost, we are not quite there yet.

Thanks for playing!

 

 

Oh Chipper, I think Hughes is talking to you!

Hughes AF order

From Big Jolly

http://bigjollypolitics.com/2013/11/23/rachel-palmer-wins/

Rachel Palmer wins again

 BY  

ADA Rachel Palmer

ADA Rachel Palmer

One thing about being bullied is that if you are willing to step up and fight back, you usually win. Harris County Assistant District Attorney Rachel Palmer, who along with former Harris County District Attorney Pay Lykos was the subject of a politically motivated witch hunt, was willing to step up and fight back. And win she did.

This past Wednesday, Federal Judge Lynn Hughes issued an order forcing the plaintiffs in a frivolous lawsuit against Palmer, Amanda Culbertson and Jorge Wong, to pay  Palmer $82,101 in attorney’s fees. Click here to view the order.

Because Culbertson and Wong brought baseless claims in an attempt to construct a case out of an administrative policy they did not like, they must pay the reasonable attorney’s fees incurred in defending their suit. They may use legal action in their politics, but they are responsible for the consequences.

Let me repeat that last line:

They may use legal action in their politics, but they are responsible for the consequences.

I remain convinced that the real culprit here was the attorney pushing Culbertson and Wong, Chip B. Lewis, along with other supporters of former Harris County DA Mike Anderson (deceased). Hopefully Culbertson and Wong will find a way to make Mr. Lewis pay the $82,101 because they were nothing more than pawns used in an attempt to smear Palmer and Lykos. Perhaps the campaign account of Anderson could chip in because that campaign certainly profited from the smears.

It is an absolute disgrace that these people used a runaway grand jury as a tool to get Anderson elected to office and then used a couple of pawns like Culbertson and Wong to continue the smear.

Congratulations to Rachel Palmer for being a fighter and standing up to the bullies, although it is no surprise. She fights for the citizens of Harris County every day in the courtroom, putting the worst of the worst in our society behind bars where they belong. Those now in positions of power at the DA’s office continue to hold her back and bypass her for promotion. It will take time for this smear job to go away (and the current regime to get booted out of office) but perhaps someday the people of Harris County will recognize her work and elect her to lead the DA’s office and put integrity back in the place.