Life at the Harris County Criminal Justice Center

Fact Checking Murray Newman

Robert Durst, the Jinx, and DA Devon Anderson

Robinhood Hi-RiseKeeping Up Appearances

Appearance of impropriety between Robert Durst’s attorney, Chip B. Lewis, and Harris County District Attorney Devon Anderson

2520 Robinhood is home to a small high rise blocks away from Rice University. This address is also the location of Robert Durst’s safe house. Durst is a registered voter in Harris County and in the Conductor’s Circle level of giving to the Houston Symphony. In Houston, Durst’s security consists of Chip Lewis, not a registered voter; but, an attorney with special influence at the Harris County Criminal Justice Center.

If you turned on your television Sunday evening, you could not get away from Lewis. He seems to be using Durst’s latest misfortunes as his personal press junket. So, who is this opportunist?

Lewis spent the last half of the 1990s as a Harris County Assistant District Attorney. During 1999, his last year at the District Attorney’s office, Lewis represented the State of Texas in the prosecution of three Second Baptist School students alleged of aggravated sexual assault. For months, Lewis worked with fellow prosecutors Terese Buess and Lisa Andrews to prosecute these cases.

On the eve of trial, Lewis convinced the victim and her family to bless off on a plea bargain that dismissed the rape cases. In return, one of the three defendants, represented by Dan Cogdell, pled no contest to unlawful restraint and received deferred adjudication. This plea assured Cogdell that his client would not be labeled a sex offender because the plea bargain relieved the defendant of the sex offender registration requirements. Devon Anderson’s husband, Mike, accepted the plea bargain as judge of the 262nd District Court.Mike Anderson

Following the conclusion of this deal, Lewis left the DA’s office and went to work for Cogdell. Meanwhile, the victim and her family were forced to file a civil lawsuit to recover restitution for her medical treatment

Lewis knows the media. Weeks after her husband’s passing, Devon Anderson was appointed to serve as Harris County District Attorney. Lewis served as a backchannel telling Chron reporter Brian Rogers that he “understood that Judge Anderson and Judge Hill discussed this [appointment] extensively.” How would he know?Devon Anderson showing her underware

So far, in one year, Lewis has donated $25,100 to Devon Anderson. Who knows if Durst has contributed under one of his many aliases.

  • $10,000 on February 4, 2014
  • $5,000 on May 23, 2014
  • $1,000 on September 17, 2014
  • $9,100 on September 25, 2014

This does not include the funds that Lewis donated to Mike Anderson, which were ultimately transferred to Devon’s campaign account. Lewis gave Mike Anderson $12,531.

  • $10,000 on February 27, 2012
  • $1,531 on June 12, 2012
  • $1,000 on April 2, 2013

Even in the shadow of the latest courthouse rumors surrounding Lewis, he is hosting a fundraiser for Devon later this month. What has Chip’s investment in the Andersons done for him?

DurstWhen Durst was arrested in June 2014 for urinating on candy at his local CVS, he was filed on for a class b misdemeanor. Three months ago (and post-election), Devon Anderson’s office reduced the charge to a fine only class c charge. Certainly a tough prosecutor like Devon called LA and Westchester County to let them know that their creepy serial killer is spraying his urine all over candy right here in Harris County, right? Devon Anderson sent the jinx back home to Rice Village. I am sure there is a very good reason why Robert Durst’s criminal defense attorney is Devon Anderson’s largest legal campaign contributor.

Since Devon Anderson assumed the position of District Attorney in September 2013, Lewis has received approximately 40 dismissals for his clients – this does not include the numerous dismissals under her husband’s administration. Victor Trevino, another Lewis client, received probation with no jail time for misapplying money. Trevino’s three other cases were dismissed.

Lewis represented Doug Karpen, the “Texas Gosnell.” Under Devon’s leadership, Karpen was no billed by a grand jury.

Lewis’s involvement in the 185th runaway grand jury is well recorded. Lewis and his client, Amanda Culbertson, sold a fabricated story to the grand jury, manipulated the system, and used the process to get Mike Anderson elected. Lewis and Culbertson subsequently attempted to use the federal court system to silence my wife and they have been unsuccessful. In fact, during one of the hearings, Lewis simply left the court during a break and was chastised by Judge Lynn Hughes.

The story of the worthless HPD homicide detective, Ryan Chandler, has been a consistent narrative over the past year. The former detective is married to Devon’s chief of post-conviction review, which is an area of the office supposedly dedicated to the review of innocence claims. For some reason, Lewis has openly supported the former detective and attempted to manipulate the media to favor this man who failed to investigate at least 25 Houston murder cases.

Devon Anderson needs to account for her relationship with Mr. Lewis. His campaign donations and results at the courthouse, at a minimum, appear improper.

The Andersons campaigned on their tough on crime stance. If you look around town, you can find evidence of a serious crime wave in Harris County. Tagging isn’t just graffiti – it is a criminal element marking their territory. The local news is filled with shootings, kidnappings, and robberies.Lewis Durst

Harris County residents are riding a crime wave and the smart criminals know where to go. I am sure that the Rice University area residents are praying that the criminal justice system is less corrupt in New Orleans and LA County than in Houston. Maybe we can rename the open carry bill after Robert Durst.

Hmmm, another quick dismissal?

Hmmm, another quick dismissal?

Chip Lewis Top Ten

Top Ten Reasons Chip Lewis is the Topic of Conversation at the Harris County Criminal Justice Center.

10. Judges are wondering if Chip’s campaign contributions were just room rental fees.

9. Chuck Lorre used Chip as a muse for Two and a Half Men.

8. Tiger Woods lists Chip as a mentor.

7. Facilities and Property Management is installing panic buttons in the jury rooms.

6. A certain judge’s jury room table is now in the same office as Chuck’s old couch.

5. Luminol and black lights are on order by Facilities and Property Management.

4. Purell and Lysol admonishments are on the agenda for the next judges’ meeting.

3. Judges ordered new locks for the jury room doors.

2. No more court lunches in the jury room!

1. The 50 Shades of Grey movie vouchers around the courthouse now make sense.

Add your top ten and I’ll post em.

Who says you can’t have sex with clients in the jury room?

So let’s see how long it takes DA Devon Anderson to charge Chip Lewis with a crime?

  • 21.07.  PUBLIC LEWDNESS. (a) A person commits an offense if he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his:

(1) act of sexual intercourse;

(2) act of deviate sexual intercourse;

(3) act of sexual contact; or

(4) act involving contact between the person’s mouth or genitals and the anus or genitals of an animal or fowl.

(b) An offense under this section is a Class A misdemeanor.

Devon Anderson Post Election

 

11.3.14 Victor Trevino, represented by Chip Lewis, pleads guilty to one case of misapplication of fiduciary property, a third-degree felony – sentencing set for after the election
11.4.14 Election Day – Devon Anderson elected Harris County DA
11.5.14 Texas Court of Criminal Appeals reverses Alfred Dewayne Brown’s capital murder conviction
11.17.14 Victor Trevino receives probation from Susan Brown with no jail time as a condition
11.25.14 Dustin Deutsch, former Harris County District Attorney’s office investigator, indicted for stealing evidence in 2012 (Lonnie Blevins, his partner, was arrested by the FBI in February 2013)
12.10.14 Cameron Moon’s murder conviction overturned by the Texas Court of Criminal Appeals following an incomplete certification process, which permitted him to be tried as an adult
12.12.14 Devon Anderson announces purchase of body cameras with asset forfeiture funds
12.16.14 Robert Durst pleads guilty to a reduced charge
12.18.14 Tadano America Corp. files lawsuit against the Harris County District Attorney’s office over the comic book scandal
12.23.14 228th Grand Jury no bills Houston Police Department Officer Juventino Castro in the death of Jordan Baker

 I am disappointed that the November election brought us another two years with Devon Anderson as District Attorney. During the election, it was obvious that Devon and her gang were holding their breath and hoping to delay certain difficult issues. Immediately following the election, the door to Devon’s closet full of problems swung open and revealed a laundry list of challenges.

On the day after the election, Devon awoke to an overturned conviction in the Texas Court of Criminal Appeals. The highest criminal court in Texas rejected the conviction and death sentence for Alfred Dewayne Brown.

In 2005, Brown was convicted of participating in the April 3, 2003 burglary of an Ace Check Cashing store. During the burglary, Houston Police Department Officer Charles Clark and the store clerk, Alfredia Jones, a single mother of two, were murdered.

Three men, Elijah Dwayne Joubert, Dashan Vadell Glaspie, and Brown, were charged with the Ace murders. Joubert and Brown were convicted of capital murder and sentenced to death, partially on Glaspie’s testimony. In exchange for his testimony, Glaspie received a plea bargain of 30 years in prison on a reduced charge of aggravated robbery.

Immediately after the Ace murders, Ericka Jean Dockery was used by Harris County Assistant District Attorneys to build a case against Brown and likely present false testimony. In a previous article, I reviewed the timeline of this injustice. On November 5, 2014, the Texas Court of Criminal Appeals published their opinion in the Brown case.

This Court has reviewed the record with respect to the Brady allegation made by applicant. Based on the habeas court’s findings and conclusions and our own review, we hold that the State withheld evidence that was both favorable and material to applicant’s case in violation of Brady.

I do not know if Alfred Dewayne Brown played a role in the murders of Ms. Jones and Officer Clark; but, that is not the purpose of this story. This case provides an example of law enforcement’s ability to use the criminal justice system to produce a dishonest result. In particular, Brown’s case highlights the misuse of the grand jury system.

A variety of issues contribute to this misuse: repeat/professional grand jurors; the pick-a-pal (or key man) system that allows judges to handpick their grand jurors; law enforcement personnel serving as grand jurors; law enforcement influence on grand jurors; and improper influence such as the police shooting simulator. In Harris County, a prosecutor is allowed to present a case or investigation to any of the active grand juries and the prosecutor alone decides what evidence is presented to these grand jurors. Many people have a vested interest in keeping the current system in place.

During the campaign, Devon Anderson discussed the grand jury system with Houston Chronicle writer Lisa Falkenberg. Anderson said:

  • Even though she used the key man system as a judge, she would not use that system now.
  • The District Attorney is not in the position to dictate grand jury policy to the criminal court judges.

In the last legislative session, Senator Estes filed SB 834, which would keep the identity of grand jurors confidential. The Harris County District Attorney’s legislative liaison, Justin Wood, was in favor of the bill. So, in 2013, under the leadership of Mike Anderson, the Harris County District Attorney’s office took a position in favor of secret grand juries.

Senator Whitmire and Representative Dutton have filed bills to abolish the pick-a-pal system. In other words, with this legislation, Texas grand juries could only be selected through the jury pool. What will Devon Anderson do now? The no bill of Houston Police Department Officer Juventino Castro certainly magnifies the issue.

Log on to the Texas Legislature Online. Watch SB 135 and HB 282. Will the Houston Police Officers’ Union oppose this legislation? If so, why? Will the Harris County District Attorney’s office take a position?

While this legislation offers a sure fix, is it the correct answer? Does it get to the root of the problem? Does it let judges like Susan Brown off the hook? I am in favor of the abolition of pick-a-pal grand juries because the problem needs to be fixed immediately; but, I do not want to ignore the meaning behind this belief – there are judges who simply cannot be trusted. The only true solution to the problem of using a grand jury for an unlawful purpose is to identify this wrongdoing, educate the public, and get bad judges out of the courthouse.

Let me speak plainly on this issue. Now, judges are allowed to handpick individuals throughout Harris County to serve on their grand jury. These individuals can be their friends from church or the country club or people who helped get them elected, like political and union folks, including police officers. Lisa Falkenberg recently exposed the fact that most Harris County judges are sealing the names of their grand jurors. Harris County judges can handpick their friends/supporters to serve on their grand juries and defendants may never know the connection because those same judges protect the identities of grand jurors.

Most recently, the 228th Grand Jury refused to indict Houston Police Department Officer Juventino Castro in the shooting of an unarmed black man named Jordan Baker. The judge of the 228th District Court, Marc Carter, signed an order sealing the names of these grand jurors. In a recent Twitter exchange, Judge Carter told Falkenberg that revealing the race and gender information of grand jurors would answer “basic fairness questions.” Falkenberg concurred. As long as pick-a-pal grand juries exist, the revelation of race and gender alone is wholly insufficient in order to determine fairness.

Beyond the 185th grand jury, there are other instances of (at a minimum) the appearance of impropriety on local grand juries. The foreman of the Montgomery County grand jury that indicted Adrian Peterson was the chief deputy clerk and court administrator in Montgomery County. It was recently revealed that, in 2003, Houston Police Officer James Koteras led the grand jury that threatened Alfred Dewayne Brown’s girlfriend Ericka Jean Dockery.

Who cares, right? You are likely an upstanding citizen and the only time that you even think about the justice system is on the rare occasion when you are called for jury duty.

Recently, I had the opportunity to attend an event for the Anthony Graves Foundation. One of the luncheon speakers was Kelly Siegler. In her gruff way, she made a good point: victims are revictimized and communities are damaged when the wrong defendant is prosecuted. That is not justice. And, I think that most of us want justice for our community.

With this bad post-election publicity, Devon Anderson announced that she would use asset forfeiture funds to purchase body cameras for some local law enforcement. She is desperately trying to heal her relationship with the black community after she used Harlem Lewis to champion her “one tough prosecutor” image.

Devon did not fare well with the Hispanic community either with her handling of the Victor Trevino case. First, it was announced that Devon offered Victor Trevino a pre-trial plea bargain to reduce the felony offenses to a class C misdemeanor, a traffic ticket-level offense. Following jury selection and a day of testimony, on Election Day Eve, Trevino pleaded guilty to one case of misapplication of fiduciary property, a third degree felony. The sentencing was reset for two weeks and, surprising no one, Susan Brown gave Victor Trevino probation with no jail time as a condition.

Courthouse watchers raised an eyebrow when Trevino’s case was transferred from Judge Mark Kent Ellis’ court to the dishonorable Susan Brown’s court. Susan Brown, the judge of the 185th runaway grand jury that helped get Mike Anderson into office, held the wife of a defendant in contempt after she yelled “Amen” when a jury found her husband not guilty. Why would Trevino agree to this transfer unless he knew that the fix was in?

Imagine the balancing that was going on with this litigation. Chip Lewis, Trevino’s attorney, desperately wanted Devon Anderson to win. After Lewis permitted Trevino to testify before a grand jury not once, but twice, the constable was indicted. Lewis needed to clean up his mess with Trevino and “represent” his client’s best interests while making sure that his gal was elected. Again, why would Trevino agree to this transfer? Meanwhile, in December, another Lewis client, Robert Durst, received a reduced charge from Devon Anderson after he exposed himself and urinated on candy at CVS.

Let me talk about the Houston Police Officers’ Union for a moment. Every politician in Houston and Harris County tries to curry favor with this union. Deals are made because, let’s face it, unions can be powerful. It was this very union that worked together with Allen Blakemore and Mike Anderson to take down Pat Lykos at all costs because she stood up to them and prosecuted their own. It is this very union that protects officers from indictment.

What is next for the Harris County District Attorney’s office? Will Belinda Hill stay? How will the lawsuit over the comic book caper go down? And, how will the hearing end concerning David Temple? I have said for long time that we live in a banana republic if citizens are denied justice at the Harris County Criminal Justice Center. Chuck Rosenthal may not be the DA any longer but his key supporters are running the show.

Why I voted for Kim Ogg for District Attorney

kim-ogg_DSC_2046-500x333

Commentary/Opinion by Don Hooper

While some lifelong conservatives, like me, have voted for Kim Ogg this fall, others may be hesitant because they are conservatives and doesn’t a good conservative always vote for the Republican candidate? Of course, that line of thought begs the question: What does a conservative prosecutor look like?

Before I begin, I would like to address the elephant in the room. I do not like the Anderson administration or their cronies and they do not care for me very much either. When I met my wife, she was a hardworking Harris County Assistant District Attorney. Over the last few years, I saw the Anderson cabal use a fake scandal to gain power. In doing so, they did everything they could to tarnish my wife’s professional reputation, including using Chip Lewis to file a baseless civil lawsuit. For many years, the cabal has used Murray Newman to speak ill about my family. Instead of sitting on my hands, I decided to do something about it and started my own website. That being said, I want to see the Harris County District Attorney’s office return to the people of Harris County and I proudly support Kim Ogg for District Attorney.

Some say that they would only support a conservative for any office; so, I would like to look at Devon Anderson’s record and ask the question: What does a conservative prosecutor look like?

In early 2013, Philadelphia physician Kermit Gosnell was convicted of three counts of murder in the deaths of three infants born alive. Shortly after that conviction, the news broke that Harris County authorities were investigating Douglas Karpen, a local doctor accused of performing late term abortions. Four former employees of Karpen accused him of delivering live babies during the third trimester and killing them by snipping their spinal cord or twisting their necks. On December 20, 2013, on Devon’s watch, a Harris County grand jury no billed Karpen. This no bill occurred as soon as Devon knew that she would have no primary opponent.

Much has already been written about our poor grand jury system in Harris County. Most of the judges use a key man system, which means that the judges select commissioners who choose the grand jurors. Using this process, rather than selecting the grand jurors at random from the jury pool, allows bias to enter the criminal justice system. New York judge Sol Wachtler was famously quoted in The Bonfire of the Vanities that “a grand jury would indict a ham sandwich if that is what [the prosecutor] wanted.”

In Texas, a prosecutor presents a case or investigation to a grand jury and the defense attorney is not permitted to enter the room. So, if a prosecutor, a hired persuader, presents a case to a pro-government, key man grand jury, what is the likely result?

Devon used the key man system when she was a judge. Devon and her husband continuously recycled certain grand jurors, such as Tricia Pollard.

Now we know that Denise Pratt, former judge of the 311th District Court, was operating a dysfunctional court. It is alleged that she backdated orders and dismissed hundreds of pending cases. If proven, these acts would be deemed criminal. Instead of being “one tough prosecutor” and vigorously prosecuting Pratt, Devon presented the case to a grand jury and used the grand jury as leverage to force Pratt’s resignation.

Meanwhile, the appearance of impropriety was grand. Devon and Pratt shared a political consultant, Allen Blakemore. If you are not familiar with Blakemore’s shenanigans, I ask that you listen to Michael Berry’s take on the man and his ethics. Pratt was represented by Blakemore buddy, Terry Yates. It is amazing that Terry Yates still associates with Blakemore. In 2010, Blakemore’s nasty tactics ruined Terry’s wife’s re-election campaign. Now, Leslie Brock Yates is a regular visiting judge down at the Harris County Criminal Justice Center. Devon is just mimicking Chuck Rosenthal as Blakemore also served as Chuck’s political consultant.

Let’s talk about Devon’s most recent campaign press release issued through Allen Blakemore. Allen and Devon claim that Kim Ogg was late on her latest campaign finance report. That statement is a complete lie. A simple gander at the latest report shows that Kim’s report was mailed on the due date, which is permitted by the rules. If Devon would permit this sort of distortion in her campaign, what is she doing as the interim District Attorney?

In 2012, Mike Anderson used the Houston Police Officers’ Union to publicize his campaign for District Attorney. Anderson and the union used Pat Lykos’s “trace evidence policy” to label Lykos as soft on crime. The truth is that policy was in place for two years prior to the aired complaint. Prior to implementation of the policy, Lykos had gotten the buy in of law enforcement and the judiciary, which included Anderson. This is a great example of the trickery and distortion often used by Blakemore.

During that campaign, Anderson also criticized the DIVERT program, which was a program implemented by Lykos that allowed pre-trial diversion for first time driving while intoxicated offenders. Anderson proclaimed that program was illegal. After he took office, he retained the DIVERT program (giving it another name). Today, the DA’s office continues this pre-trial diversion program. In fact, Devon has implemented a pre-trial diversion program for drug offenders. So, has she implemented illegal programs?

Just this week, Devon announced that she granted pre-trial intervention to an HISD principal and another HISD administrator for failing to report sexual abuse of a child. It is interesting to note that the HISD administrator was represented by Billy Belk, one of the attorneys appointed by Susan Brown to “prosecute” my wife in front of the 185th grand jury.

Speaking of Susan Brown, has anyone ever learned why Susan Brown gave $2,925 to Anderson & Thomas, the former law firm of Devon Anderson and Brock Thomas, on December 29, 2010?

Back to the HPOU. Did you know that Devon is endorsed by the HPOU? It is odd to note that Devon does not discuss this endorsement. Why? Is she worried that citizens would draw the dots between her support of the police and the actions of the DA’s office? Does support from a police union make Devon conservative? If you wonder why the Houston Police are still in the crime lab business, look no further.

Now, Devon is up on television during this campaign. Her commercial focuses on her prosecution of a capital murder [on videotape]. While the Victor Trevino case is continuously reset, it is almost like she tried the capital murder [on videotape] to use in her campaign commercial. Is it conservative to use a defendant as fodder for a political campaign?

Shortly after Mike Anderson took office, he hired Ann Johnson, fresh off her campaign against Republican Sarah Davis for House District 134. Johnson was hired as the “human trafficking specialist” at an annual salary of $110,000. Was that a conservative move?

Belinda Hill gave up her bench to serve as the first assistant under Mike Anderson. A lot of folks thought this was a strange move. Why would a judge with broad authority resign to become an assistant district attorney? Once Mike’s illness was announced, it seemed obvious – Belinda would succeed Mike in office. The Houston Chronicle thought so. Surprisingly, Devon was appointed by Rick Perry. Recently, Devon said that Mike wanted her to take his place.

Chip Lewis has been a visible figure throughout the Anderson administration. He was involved with the 185th grand jury and even told Harris County Commissioner Steve Radack about his forthcoming subpoena. Following Devon’s appointment, he said this: “I understand that Judge Anderson and Judge Hill discussed this [Devon’s appointment] extensively. They both believed that this was in the best interest for Harris County and their families to move forward with this arrangement.” Meanwhile, he is representing Victor Trevino and seems to be getting a lot of favorable results for his clients with the Anderson administration.

Kim Ogg certainly has Republican minions running scared. I received word that a political consultant was looking to see if Kim ever represented a Muslim so that could be used as slime against Kim. Note to this consultant: you may want to first run Devon’s bar number through the Harris County District Clerk’s website before you decide to throw stones. This is the type of garbage that certain people resort to when they have nothing else. Thankfully, Kim Ogg is above that trash.

I first met Kim Ogg in 2009 at a fundraiser for my wife, then a Republican judicial candidate. I will never forget the conversation that I observed between Kim and Dodie Osteen – Kim was thanking Dodie for praying for Kim’s mother at Lakewood.

While some conservatives may have reservation about voting for a democrat, I am confident that Kim Ogg is not a partisan figure. The Ogg administration will be true justice for all Harris County citizens. Think of it this way – a vote for Kim Ogg is a vote against Allen Blakemore.

Devon Anderson cancels (some say declines) remaining DA debates

Don Hooper

Devon Anderson, the interim DA, has found herself in a position where she can no longer debate Kim Ogg and has cancelled (some say has declined) all remaining debates. Political consultants often warn prosecutors that their trial skills do not translate well into the political arena. That is certainly true for Devon.

Over the last few weeks, Harris County voters have seen three debates between Kim Ogg and Devon Anderson: Fox 26 debate (in three parts: 1, 2, 3); Red, White, and Blue on PBS; and Houston Newsmakers with Khambrel Marshall.

On Sunday’s Newsmakers show, Devon’s scowls grew more pronounced, especially when discussing her special deals for friends of the DA. When the topic turned to Denise Pratt, Shawn Carrizal, and Ryan Chandler, Devon provided a look into the Anderson administration. She said that she was forced into a secret deal with Denise Pratt because she did not want that case to linger like the case against Victor Trevino, the Precinct Six Constable. And Devon said that she did not tell the public about the Pratt secret deal because she was not asked about the case. Devon and Pratt had the same political consultant, Allen Blakemore.

As a reminder, Trevino was indicted by a Harris County grand jury on November 16, 2012, for misapplication of fiduciary property, abuse of office, and tampering with a government record. Trevino is represented by Chip Lewis. Lewis was at the forefront of Mike Anderson’s campaign for Harris County District Attorney. Even though Anderson told Big Jolly that he did not have a special relationship with Lewis, over $10,000 was transferred from Lewis’s pocketbook to Anderson’s campaign coffers.

Lewis told reporters that Anderson’s victory proved that “our electorate cares about the integrity of the DA’s office.” Meanwhile, Lewis was busy informing Harris County Commissioner Steve Radack about secret grand jury matters. When Mike Anderson passed away, Lewis thought that Governor Perry’s appointment of Devon Anderson was “in the best interest of Harris County.”Lewis, someone who makes a living defending folks, also said that he understands that “Judge Anderson and Judge Hill discussed [Anderson’s inheritance of the position of District Attorney] extensively.”

Since January 2013, Trevino’s case has been reset 13 times and transferred from the 351st District Court to the court of Susan Brown, the same judge that led the runaway grand jury. Devon told Newsmakers viewers that she made a special deal with Pratt to prevent a delayed process like the Trevino case. The problem with that statement is that she is prosecuting Trevino and delaying the case now until after the election. Watch what happens after the election is over.

Then, Devon brought up the Ryan Chandler situation. Chandler is the former Houston Police Department homicide detective who was fired for lying and incompetence. Devon claimed to have no information on the Chandler situation because she recused herself from the investigation. Kim Ogg asked Devon to ask the court, once again, Susan Brown, to unseal the orders for more transparency. Devon told the audience that she originally asked the court to seal the orders but her hands were now tied because she recused herself. Meanwhile, Lewis has been making calls to the media on Chandler’s behalf. Shouldn’t he be working on getting Victor Trevino a Devon Anderson sweetheart deal?

Ryan Chandler and bride to be

Ryan Chandler and bride to be

Devon presumably recused herself from Chandler’s investigation because Chandler is married to Inger Hampton, leader of Anderson’s conviction integrity unit. Wrongly convicted individuals must feel safe with Hampton leading that charge. Open records requests revealed that Hampton was covering for Chandler regarding the absence of evidence in criminal cases and sending messages containing case information directly to Chandler.

Devon said that she asked Susan Brown to appoint an attorney pro tem. We know that Brown appointed Jeff Hohl, a former intern at the Harris County District Attorney’s office and current Montgomery County prosecutor. After a perfunctory investigation, the Montgomery County District Attorney, Brett Ligon, a former lawyer for the HPD union and another Allen Blakemore client, announced that no charges would be filed against Chandler.

So, here we are. Susan Brown sent the case to Jeff Hohl, a former Harris County DA intern who was licensed in November 2010. Has this guy even tried a murder case? Is he capable of evaluating a dirty cop who ignored murder victims?

The fact that Jeff Hohl was the attorney pro tem may be shocking to you because everyone was led to believe that the attorney pro tem was Brett Ligon. Then, Phil Grant, the first assistant in Montgomery County, claimed that he investigated the Chandler case. Grant told the Houston Chronicle that he was the attorney who “made the decision.” Of course, my favorite part of that Chronicle article is the fact that Blakemore is referred to as “Mark Blakemore.”

Chuck Rosenthal

Chuck Rosenthal

Throughout this article I mention a number of connections. These connections are crucial to understanding the Anderson-Lewis-Brown cabal. Devon’s latest campaign finance report provides more insight into her administration. Chip Lewis gave Devon two donations: $1,000 on September 17 and $9,100 on September 25. On September 24, Devon accepted $2,000 from former Harris County DA Chuck Rosenthal, who resigned in disgrace after it was revealed that he sent racist and sexist emails while serving as DA. HPOU who is defending Ryan Chandler and working with him to get his job back, donated $5,000 on September 24.Chandler HPD Photo

Throughout the debates, Devon stresses the importance of the human trafficking division. She believes that human trafficking is one of the most serious offenses facing Harris County. That means that she has staffed this division with only two prosecutors. Until recently, the division was manned by one prosecutor, Ann Johnson, hired by Mike Anderson. I guess Dr. Steven Hotze was not consulted on this hire. This is the same Ann Johnson who ran against Sarah Davis in 2012 for House District 134. Shockingly enough, Chip Lewis hosted a fundraiser for Ann. I wonder what Ann thinks about the latest push poll for Devon that emphasizes Kim’s sexuality. Yes, the whisper campaign against Kim Ogg has begun because that is the only card left for Devon to play.

Yesterday, the Houston Bar Association released the bar poll. Kim won that even though Devon Anderson’s office has over 300 votes and should have easily won. Her leadership style must not have won her too many friends in the office.

When asked about the Houston Chronicle’s endorsement of Ogg, Devon claimed that she was proud to not receive that endorsement. Devon’s exact response was: “I feel like I’m on the right track if the Houston Chronicle is not endorsing me.” Funny. If that is the case, why did Devon attend the Chronicle interview?

What can the rank and file prosecutors be thinking right now? I feel sympathy for many of them who have endured the succession of leadership. The truth is that Devon Anderson will do and say anything to be elected. And her besties within the office – the same people who worked against Pat Lykos within the office – have established a mean girls atmosphere where cliques reign supreme. There are still good people who work hard every day at the Harris County District Attorney’s office. What do they think about the FOD (friends of Devon) whispering about Kim’s sexuality and making her private life a political issue?

During the debates, Devon said that Mike told her that he wanted Devon to take his place as District Attorney. Did they tell Belinda Hill?

UPDATE

After this story was posted, Sara Kinney, a representative of the Anderson campaign and an employee of Blakemore & Associates, contacted David Jennings with two suggested edits.

The Anderson campaign claims that Devon Anderson has “declined” further debates rather than “cancelled” all remaining debates. Since August, the League of Women Voters (LWV) has been working with both candidates to schedule a televised debate. After the Houston Newsmakers show was filmed, Anderson withdrew her participation in the LWV debate.

The Anderson campaign’s second suggested edit concerns Anderson’s reaction to not receiving the endorsement of the Houston Chronicle. They did not like my original sentence: “When asked about the Houston Chronicle’s endorsement of Ogg, Devon claimed that she was proud to not receive that endorsement.” Rather than quote Anderson, I provided the readers with a link to the story and a brief summary. I encourage you to click over to the debate on the Houston Newsmakers website and watch the exchange (at 16:50) and decide for yourself if my characterization was correct.

The post Devon Anderson cancels (some say declines) remaining DA debates appeared first on Big Jolly Politics.

 

Devon Anderson cancels remaining debates!

Screenshot 2014-04-13 10.19.07

Devon Anderson, the interim DA, has found herself in a position where she can no longer debate Kim Ogg and has cancelled all remaining debates. Political consultants often warn prosecutors that their trial skills do not translate well into the political arena. That is certainly true for Devon.

Over the last few weeks, Harris County voters have seen three debates between Kim Ogg and Devon Anderson: Fox 26 debate (in three parts: 1, 2, 3); Red, White, and Blue on PBS; and Houston Newsmakers with Khambrel Marshall.

On Sunday’s Newsmakers show, Devon’s scowls grew more pronounced, especially when discussing her special deals for friends of the DA. When the topic turned to Denise Pratt, Shawn Carrizal, and Ryan Chandler, Devon provided a look into the Anderson administration. She said that she was forced into a secret deal with Denise Pratt because she did not want that case to linger like the case against Victor Trevino, the Precinct Six Constable. And Devon said that she did not tell the public about the Pratt secret deal because she was not asked about the case. Devon and Pratt had the same political consultant, Allen Blakemore.

As a reminder, Trevino was indicted by a Harris County grand jury on November 16, 2012, for misapplication of fiduciary property, abuse of office, and tampering with a government record. Trevino is represented by Chip Lewis. Lewis was at the forefront of Mike Anderson’s campaign for Harris County District Attorney. Even though Anderson told Big Jolly that he did not have a special relationship with Lewis, over $10,000 was transferred from Lewis’s pocketbook to Anderson’s campaign coffers.

Lewis told reporters that Anderson’s victory proved that “our electorate cares about the integrity of the DA’s office.” Meanwhile, Lewis was busy informing Harris County Commissioner Steve Radack about secret grand jury matters. When Mike Anderson passed away, Lewis thought that Governor Perry’s appointment of Devon Anderson was “in the best interest of Harris County.” Lewis, someone who makes a living defending folks, also said that he understands that “Judge Anderson and Judge Hill discussed [Anderson’s inheritance of the position of District Attorney] extensively.”

Since January 2013, Trevino’s case has been reset 13 times and transferred from the 351st District Court to the court of Susan Brown, the same judge that led the runaway grand jury. Devon told Newsmakers viewers that she made a special deal with Pratt to prevent a delayed process like the Trevino case. The problem with that statement is that she is prosecuting Trevino and delaying the case now until after the election. Watch what happens after the election is over.

Ryan Chandler and bride to be

Ryan Chandler and Inger Hampton campaigning for Anderson.

Then, Devon brought up the Ryan Chandler situation. Chandler is the former Houston Police Department homicide detective who was fired for lying and incompetence. Devon claimed to have no information on the Chandler situation because she recused herself from the investigation. Kim Ogg asked Devon to ask the court, once again, Susan Brown, to unseal the orders for more transparency. Devon told the audience that she originally asked the court to seal the orders but her hands were now tied because she recused herself. Meanwhile, Lewis has been making calls to the media on Chandler’s behalf. Shouldn’t he be working on getting Victor Trevino a Devon Anderson sweetheart deal?

Devon presumably recused herself from Chandler’s investigation because Chandler is married to Inger Hampton, leader of Anderson’s conviction integrity unit. Wrongly convicted individuals must feel safe with Hampton leading that charge. Open records requests revealed that Hampton was covering for Chandler regarding the absence of evidence in criminal cases and sending messages containing case information directly to Chandler.

Devon said that she asked Susan Brown to appoint an attorney pro tem. We know that Brown appointed Jeff Hohl, a former intern at the Harris County District Attorney’s office and current Montgomery County prosecutor. After a perfunctory investigation, the Montgomery County District Attorney, Brett Ligon, a former lawyer for the HPD union and another Allen Blakemore client, announced that no charges would be filed against Chandler.

So, here we are. Susan Brown sent the case to Jeff Hohl, a former Harris County DA intern who was licensed in November 2010. Has this guy even tried a murder case? Is he capable of evaluating a dirty cop who ignored murder victims?

The fact that Jeff Hohl was the attorney pro tem may be shocking to you because everyone was led to believe that the attorney pro tem was Brett Ligon. Then, Phil Grant, the first assistant in Montgomery County, claimed that he investigated the Chandler case.  Grant told the Houston Chronicle that he was the attorney who “made the decision.” Of course, my favorite part of that Chronicle article is the fact that Blakemore is referred to as “Mark Blakemore.”

Throughout this article I mention a number of connections. These connections are crucial to understanding the Anderson-Lewis-Brown cabal. Devon’s latest campaign finance report provides more insight into her administration. Chip Lewis gave Devon two donations: $1,000 on September 17 and $9,100 on September 25. On September 24, Devon accepted $2,000 from former Harris County DA Chuck Rosenthal, who resigned in disgrace after it was revealed that he sent racist and sexist emails while serving as DA. HPOU who is defending Ryan Chandler and working with him to get his job back, donated $5,000 on September 24.

Chuck Rosenthal

Chuck Rosenthal

Throughout the debates, Devon stresses the importance of the human trafficking division. She believes that human trafficking is one of the most serious offenses facing Harris County. That means that she has staffed this division with only two prosecutors. Until recently, the division was manned by one prosecutor, Ann Johnson, hired by Mike Anderson. I guess Dr. Steven Hotze was not consulted on this hire. This is the same Ann Johnson who ran against Sarah Davis in 2012 for House District 134. Shockingly enough, Chip Lewis hosted a fundraiser for Ann. I wonder what Ann thinks about the latest push poll for Devon that emphasizes Kim’s sexuality. Yes, the whisper campaign against Kim Ogg has begun because that is the only card left for Devon to play.

Yesterday, the Houston Bar Association released the bar poll. Kim won that even though Devon Anderson’s office has over 300 votes and should have easily won. Her leadership style must not have won her too many friends in the office.

When asked about the Houston Chronicle’s endorsement of Ogg, Devon claimed that she was proud to not receive that endorsement. Funny. If that is the case, why did Devon attend the Chronicle interview?

What can the rank and file prosecutors be thinking right now? I feel sympathy for many of them who have endured the succession of leadership. The truth is that Devon Anderson will do and say anything to be elected. And her besties within the office – the same people who worked against Pat Lykos within the office – have established a mean girls atmosphere where cliques reign supreme. There are still good people who work hard every day at the Harris County District Attorney’s office. What do they think about the FOD (friends of Devon) whispering about Kim’s sexuality and making her private life a political issue?

During the debates, Devon said that Mike told her that he wanted Devon to take his place as District Attorney. Did they tell Belinda Hill?

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.