Life at the Harris County Criminal Justice Center

Fact Checking Murray Newman

Don Hooper’s Sample Ballot

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I have been asked several times to write about my choices for the local and statewide judicial races. Stan Stanart, the Harris County Clerk, recently told me of his sample ballot that allows voters to enter their name and address on his website and produce a personalized sample ballot; so, I decided to give it a try. Stan and his team have developed a program that allows each voter to create their own unique slate to post and send to friends. Think of it as Stan’s way of overcoming the slate machines. And, when you think about it, Stan has revolutionized the way we can share our selections. Running the election operations in the largest county in Texas always makes Stan and his guys the smartest guys in the room. They do a great job.

You will notice I left many unopposed judicial races blank. I do this to send a message. The message is clear for the Criminal District Judges – I am tired of you supporting Judge Susan Brown as the Chief Administrative Judge of the Criminal Courts – think Goforth, the runaway grand jury, Constable Victor Trevino, judicial bypasses, and Devon Anderson. I have intentionally left them blank, which will show up as an under vote. This sends a message. I, of course, skipped Devon Anderson.

You will notice that I voted for Stacey Bond. She got my vote for standing against prosecutorial misconduct in her court. I also voted for Rick Green over Paul Green for Place 5 on the Texas Supreme Court. I do like what has happened at the Texas Supreme Court, especially concerning the City of Houston cases like HERO. I previously wrote about Jim Leitner for Harris County Attorney. It makes no sense for his opponent, a five-year lawyer, to represent Harris County in all civil litigation and advise Commissioners Court. Jim is the only choice.

Create your own ballot, print my ballot, or use something else entirely. Most importantly, VOTE! Study the candidates and, if you do not know them or the issue, do not feel compelled to vote in that race.

Marked Up Sample Ballot

Marked Sample Ballot

 

 

 

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Kelly Siegler and the Jiggery-Pokery Gang

Kelly Siegler DA Announcement Photo

On Thursday, Judge Larry Gist issued 36 findings of prosecutorial misconduct against Kelly Siegler in the David Temple murder case. I wanted to give you a little background on Ms. Siegler so the Big Jolly readers can remain the most knowledgeable folks on Harris County criminal justice issues.

Kelly and the Jiggery-Pokery Gang united for Kelly’s unsuccessful DA bid in 2008. The gang existed in many forms long before 2008; but, Kelly’s 2008 campaign announcement provided the first opportunity for a public group photo. The gang photo clarifies their unification to the outside viewer.

Like all gangs, there is a hierarchy. Ms. Siegler is the central figure and, generally, close proximity to the leader in the photo denotes a higher rank; although, a few things have changed since 2008. The judiciary members are not as obvious; but, they are certainly a very important part of this gang. Some judges, like Susan Brown, act as capos within the organization. The group also acts to protect other gang members or affiliates, not unlike most street gangs.

The gang’s name has changed over the years. More recently, I renamed the group the Jiggery-Pokey Gang after reading Justice Scalia’s Obamacare dissent. I think the term fittingly describes this group and their operations.

Jiggery-pokery: Dishonest or suspicious activity.

David Temple is a difficult case because so many have prejudged his guilt David Temple Murder Trialbased on Kelly’s facts. Heck, he was already convicted and sentenced. He was cheating on his pregnant wife and later married his mistress. It is easy to hate his behavior. But, the current issue is not about David Temple’s innocence. It is about fundamental fairness and justice. A rigged game is not justice.

When the wrong man is convicted, we are all to blame. It is the responsibility of every citizen, voter, and human being to learn about our criminal justice system and make sure that justice for all actually means something.

We, as Harris County citizens, need to take very seriously who we elect as DA and misdemeanor and felony judges. It cannot be a popularity contest foisted on the precinct chairs by the political consultants. The Jiggery-Pokery Gang has a history. Their affiliates have a history. And certain political consultants, like Allen Blakemore and Mary Jane Smith, are the promoters of these gang members.

Why is the gang designation important? It is crucial for citizens, particularly those outside of the criminal justice system, to understand that Kelly Siegler’s actions are not an isolated incident. Kelly intentionally and purposefully withheld exculpatory evidence in a criminal prosecution. Craig Goodhart, Kelly’s assistant on the Temple trial, has been accused of similar impropriety in the Linda Carty case.  Retired DEA Special Agent Charles Mathis alleges that Connie Spence threatened to question him about a fictional affair with Linda Carty.  Lance Long and Murray Newman, Kelly disciples, were accused of pressuring witnesses to lie in the Antonio Williams case.

“Mr. Long and the investigators pressured me to testify that Antonio was at the scene and was the shooter. They stated to me that if I helped them out, they would help out.”

Excerpt from an affidavit by Sharonda Cooper, a neighbor who testified against Antonio Williams.

This is just a sampling of the prosecutorial misconduct developed and perpetrated by the gang.

The Jiggery-Pokery Gang furthers their agenda in a number of ways. Remember, for the most part, these are lawyers and highly educated people operating in and around the DA’s office. Like all gangs, they use tools common to their surroundings. Here, the gang uses the grand jury system, media, courts, and certain judges to further their agenda.

The DA’s office is very similar to junior high or high school; so, it is very simple for the inner circle to use their popularity and cunning ways to get their way. The group treats Kelly like a deity or party-animal homecoming queen.

Nothing that has come out concerning Siegler’s prosecution of David Temple is new. Siegler employed the exact same methods used by Ken Anderson on Michael Morton, an innocent man wrongly convicted of murdering his wife in Williamson County. In the Morton case, the prosecutor lost his law license and went to jail.

The media is culpable in the gang’s rise to power. So often, the media relies on information used in their stories provided by gang members. This is an important fact because it allows the gang members to assert their narrative. Siegler carefully uses her minions to plant stories in the media, which are used to build her image and television career. Think about how often Chip Lewis, a Kelly crony, is quoted by reporters. It is a game and justice is not the goal.

The win-at-all-costs mentality flourished during the Rosenthal administration. Chuck Rosenthal allowed Kelly and others to run amok.

Devon Anderson promised to return the DA’s office back to the old days, which is code to the gang members for win-at-all-costs. Many members of Kelly’s crew also roll with Devon. The Lykos administration threatened to out this group and their misdeeds; so, they only had one choice: to destroy reputations. That is why, when Kelly ran for DA in 2008, Murray Newman, Kelly’s Minister of Propaganda, created a blog to perpetuate the Kelly myth.

It is high time for people to know the truth about injustice in Harris County. David Temple’s lawyers have asked that an attorney pro tem or special prosecutor be appointed. This would be a start; but, as in the Michael Morton case involving Ken Anderson and the Anthony Graves case, a Court of Inquiry was formed to investigate the misdeeds on a much broader level. If you have been a reader of this blog for any length of time, you are aware of lots of misdeeds reported here involving the District Attorney’s office. It is time for the Republican Party to join with others and lead the charge to clean up the courthouse and the District Attorney’s office.

Part One

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

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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?

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.

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.

 

 

Federal Judge Lynn Hughes issues opinion on the dismissal

I know David Jennings is writing about this so I am just posting the opinion here for informational purposes and thanking a few folks who really deserve to be called out. Judge Hughes issued this opinion yesterday afternoon, on 9-11. Once again, hat-tip to Kate David and Mike Stafford, unquestionably two of the best lawyers in the City of Houston. These two lawyers, who I might add, won the Early to Rise litigation a few days ago. They are on a roll.

I also would like to thank Harris County Attorney Vince Ryan, Robert Soard, and Mary Baker from the Harris County Attorney’s Office who provided Rachel such wonderful counsel. We are deeply in your gratitude. This goes double to the members of Harris County Commissioners Court. To all, thank you!

Hughes Opinion on Dismissal

 

Slapped hard, Dr. Karpen’s Lawyer Taken to the Cleaners!

Chip Lewis, Dr. Karpen’s lawyer, you now owe us a great deal of money.All White Party Photo

Amanda and Jorge, I would sue Chip Lewis for leading you to believe you had a cause of action. I hope your lawyers explain to you that you must now pay everyone’s legal fees under the anti-slapp law.

Just so you know we are are talking 500K for Rachel alone. You will also owe for Judge Lykos and the County. You can of course sue Chip Lewis, Dr. Karpen’s lawyer, and the Cooks to get them to pay your share. The Cooks will have mal-practice insurance to off set their losses, Chip will have sanctions too. I can make a referral if you need. The good thing is that the Cooks will have been understood to have expertise in their field of employment law and will be held to greater scrutiny. Scott, it will get worse for you, think about Rachel’s deposition. Gentleman thank you for playing and I am betting Chip is not answering your calls.  I would pass the hat starting with Judge Brown and Allen, just pay up, what is a million for the trade off.

So why does Chip Lewis sue two pro-life prosecutors right before Anderson takes office?

Amanda and Jorge, I have already spoken to several lawyers who will take your case, educated smart lawyers.

First time a public official has ever been granted a slap motion.

Amanda and Jorge, you will be famous in the legal world.

Thank you Mike Stafford and Kate David, the best!

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Appeal this!

Patricia Pollard, God is good!

He also does not liked to be mocked.