JoAnne Musick

PR: Magistrate Appointment to Connie Spence Must Be Rejected

September 25, 2016 Leave a Comment

***FOR IMMEDIATE RELEASE***

FROM: Tyler Flood, President – Harris County Criminal Lawyers Association

Houston, Texas – September 25, 2016 – We have learned that Harris County Assistant District Attorney Connie Spence may be awarded a position as a Probable Cause Magistrate Judge. It is our understanding that a majority of the current District, County and Justice of the Peace judges trying criminal cases will, without allowing public comment, gift Ms. Spence this judicial position this week.

HCCLA vehemently opposes the appointment of this prosecutor to a judicial position. Connie Spence has historically exhibited conduct and judgment unbecoming of anyone licensed as an attorney in the State of Texas. As an assistant prosecutor she has misused her power to the detriment of the people of Harris County.

Spence’s unethical behavior is well documented in the media, as she was accused of withholding evidence and coercing witnesses in the Linda Carty Capital Murder case. Specifically, two of Carty’s co-conspirators and a former DEA employee — witnesses whom Spence had sponsored at trial — testified at a hearing that Spence had in fact coerced them to give particular testimony.

The Harris County Judiciary has a responsibility to the people of Harris County: to avoid not only impropriety but also the appearance of impropriety. If they are interested in restoring the integrity of the justice system and the trust of the public, then any appointment of Connie Spence to a judicial position must be rejected.

If you have any questions regarding this statement, I can be reached at office@tylerflood.com or by calling me at 713.224.5529.

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PR: Constitution Day 2016

September 9, 2016 Leave a Comment

Press Release: CONSTITUTION DAY CELEBRATION

Contact: Tyler Flood, HCCLA President
Office: 713-224-5529 Email Tyler

Houston, Texas – September 9, 2016 – Please join the Harris County Criminal Lawyers Association (HCCLA) at 12:00 p.m. on Monday, September 19, 2016 for a brief, public celebration of Constitution Day. HCCLA members will read the Bill of Rights and other key Constitutional Amendments on the courthouse steps of the Harris County Criminal Justice Center at 1201 Franklin, Houston, Texas 77002.

This event draws its inspiration from HCCLA’s annual public reading of the Declaration of Independence, which has served as a model for yearly readings across Texas.

What: Constitution Day is a federally observed date to commemorate the signing of the United States Constitution in Philadelphia, Pennsylvania, on September 17, 1787.

As criminal defense lawyers, HCCLA members fight to protect the Constitution and its safeguards, many of which are set forth in amendments to this cherished document. HCCLA strives to remind the public of the importance of their Constitutional rights. HCCLA’s public reading of fundamental rights enshrined in Constitutional amendments—including the first ten, known collectively as the “Bill of Rights”—will be a brief and simple gesture for public awareness and education.

When: 12:00 p.m. on Monday, September 19, 2016.
Event should last approximately 20-30 minutes.

Where: Front steps of Harris County Criminal Justice Center (Criminal Courthouse) at 1201 Franklin, Houston, Texas 77002 (corner of Franklin and San Jacinto, downtown Houston).

Who: Event is sponsored by the Harris County Criminal Lawyers Association, America’s oldest and largest local organization of criminal defense lawyers, with over 750 members. HCCLA President Tyler Flood will lead the reading. Event co-organizers are Houston attorneys and HCCLA members: Jennifer Gaut, Philip Gommels, Gemayel Haynes, Grant Scheiner, and JoAnne Musick.

Members of the public who attend this event will receive
pocket-sized copies of the United States Constitution.

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Call for Houston Forensic Science Center Independence

September 7, 2016 Leave a Comment

After years of backlogs, mismanagement, and severe criticism, the HPD Crime Lab was removed from within HPD’s control. An “independent” lab, the Houston Forensic Science Center, was formed. Now that independence is under attack.

A recent audit revealed problems with HFSC’s crime scene units and evidence collection. In short, the audit revealed not only a lack of training and technical problems but also a lack of autonomy from HPD.

The Houston Forensic Science Center is now the subject of attempts by the Houston Police Officers Union and the Houston Police Department senior staff to regain control of the Crime Scene Unit (CSU) technicians. These are the same folks who investigate crime scenes related to police shootings and serious felonies such as capital murders, aggravated sexual assaults, aggravated robberies, and kidnappings.

Since the independent lab was created, the CSU positions have been gradually transferring to civilian positions under the independent structure of the HFSC. This has been done by replacing retiring and transferring HPD officers with civilian techs as those officers left. Now HPD is attempting to take back those CSU positions and once again staff them with officers within their chain of command.

The Houston Forensic Science Center was established because of a tragic history of mismanagement, bad science, and outright incompetence under HPD’s management that led to wrongful convictions and serious doubts about the integrity of our criminal justice system. None of us want a return to the multiple problems that existed when the functions of forensic science were directly under the Houston Police Department. The endless series of scandals and problems that led to the calls for decertification and removal of the labs from the police control are exactly what the HFSC was created to avoid. To send the technicians back under HPD command destroys all the progress made in the last decade and sets this city back just as far. It has already cost this city millions in lawsuits, reworked science, and wrongful convictions. We cannot expect to improve upon the past by repeating the mistakes of the past.

HCCLA vehemently opposes any attempts to weaken or undermine the independence of the HFSC and its personnel.

We are the largest local criminal bar in the country, and we urge the Mayor, the city council, and all interested parties to continue to support the independence of the HFSC. Politics is a poor excuse for a sub-standard criminal justice system. We have had that in Houston; we do not need to return to those days.

Bat Signal: Superheroes Called to Action

August 2, 2016 Leave a Comment

When villains threaten Gotham, Commission Gordan initializes the Bat Signal and superheroes spring into action. When judges bully defenders, Mark Bennett initiates our Bat Signal and leads his fellow superheroes into battle.

Superheroes represent positive values by being responsible. While this may seem simple enough, responsibility is an ongoing internal struggle for superheroes. Simply put, power corrupts. Responsibility is the essential quality that distinguishes superheroes from regular villains. Being responsible, no matter the personal cost, is the superhero’s only defense against being corrupted by power. Superheroes are thus defined, limited, and restrained by their struggle to be responsible, to exercise their abilities and power with restraint. Supervillains’ lack of restraint and utter irresponsibility are a threat to the superhero, and to the people the superhero protects.
Superheroes Need Superior Villains by Stanford W. Carpenter

Being responsible, no matter the personal cost, Mark Bennett leads a top-quality HCCLA strike force of superheroes to combat the supervillains in our midst who threaten our defenders and thus the people we protect. He truly embodies the superhero who maintains responsibility against those who exercise irresponsibility and lack of restraint. Though his skirmishes are numerous, one in particular warrants review.

Super Defender Cheryl Irvin was threatened in the zealous defense of her client. Her zealousness was met with an improper order of incarceration. This judge wasn’t “patient, dignified and courteous” as required by the Texas Canons of Judicial Conduct. She ordered Cheryl into the holdover to wait. She demanded an apology. Within minutes the bat signal was initiated and Mark and others rushed to aid our super-defender in her contest with the supervillain.

While he assessed the situation, more superheroes assembled to investigate and research the facts and options. Mark proceeded to assemble a resolution. After much to-do about nothing, the resolution consisted of Cheryl going about her own business, leaving the holdover, and ultimately filing a grievance.

Super-defenders provided affidavits discussing the facts and circumstances. Slowly, yet surely, the State Commission on Judicial Conduct issued its decision: a private sanction.

The villain retreated. But, like all villains, returns at a whim.

After the death of colleague, Mark took over a case in the judge’s court. Mark requested a short two-day reset to consult an immigration attorney before his new client could take a sweet deal. “No good deed goes unpunished,” she warned. After all, the supervillains’ lack of restraint and utter irresponsibility are a threat to the superhero, and to the people the superhero protects. The ongoing struggle continues.

As for Mark, he will “look for more opportunities to do the right thing the same way.” And the CJC is a safer place for all his efforts.

President’s Message – Spring 2016

August 2, 2016 Leave a Comment

What a Year!

These last few months have been exciting to say the least. It seems we have had our hands in just about everything going on in and around the Criminal Justice Center. We’ve participated behind the scenes and in group studies to give the defense a voice. We’ve met with prosecutors and judges to make sure they hear our concerns. In short, we have made a difference! Thank you all for the help and support you have given to our board which made this possible.

We received word that our complaint against Judge Bill Harmon was sustained with a private reprimand. The Judicial Commission agreed that his display of the M.A.D.D. plaque in a public courtroom was inappropriate. Thank you to Tyler Flood and all others who brought this issue to light and helped set the stage for our successful complaint.

If you missed it, we also had some spectacular CLE events: Maneuvering Search and Seizure and our Judge Wendell Odom Appellate Seminar were highly attended and received rave reviews. If you missed Appellate, you missed live oral arguments in the Court of Appeals and a frank roundtable discussion of the arguments immediately following. We’ve also had some amazing happy hour CLE events on DWI, electronic devices, and interrogation among others. Under the direction of David Ryan, our CLE chair, we have offered more variety and lower cost CLE to benefit our members and surrounding local bars. When you see him, give him your thanks!

Our strike force, fearlessly led by Mark Bennett, continues to aid our members faced with bullying, indifference, and injustices. For a quick read and example of his work, see Bat Signal: Superheroes Called to Action in this issue.

We have a tremendous resource in our web and social media presence that spun off from our Reasonable Doubt television show. We have a host of writers commenting on current issues, providing legal experience and insight, and educating our public. With your help, we can continue to grow our audience. Don’t forget to tweet and Facebook us! Our websites alone are garnering approximately 15,000 hits a month!

Great things are in store for our future, and I can’t wait to see where this next year takes us with Tyler at the helm. I am humbled and honored to have once again worked with you all to better our bar and elevate the defense voice in Harris County. Together we have made a difference.

Together we will continue to stand against the injustices. Together we will stand and fight. Together we will stand for what is right.

A man dies when he refuses to stand up for that which is right.
A man dies when he refuses to stand up for justice.
A man dies when he refuses to take a stand for that which is true.
– Rev. Martin Luther King, Jr. on courage, March 8, 1965

It has been my pleasure to serve the criminal defense bar.
JoAnne

PR: Call for Round Table in Light of Shootings

July 9, 2016 Leave a Comment

***FOR IMMEDIATE RELEASE***

The Harris County Criminal Lawyers Association, the largest local criminal defense bar in Texas, sends its heartfelt sympathy to the victims’ families in Louisiana, Minnesota and Texas. We are all grieving heavily over the losses sustained in recent days.

As a Nation, State, and City, we are divided by these terrible events. We send this letter to try to help put an end to the downward-spiraling trend of increasing racial division in our community. We feel that strong action is immediately necessary to help avoid more racially motivated killings.

HCCLA calls for local officials to help heal our community, to fix broken relationships, and to try to re-build trust and confidence in law enforcement officials.

This can be accomplished by having the Mayor and the County Judge host a joint round table that includes the Harris County Sheriff’s Office, Houston Police Department, Harris County District Attorney’s Office, Harris County Public Defender’s Office, Harris County Criminal Lawyers Association, the Houston Chapter of Black Lives Matter, and the American Civil Liberties Union as well as other law enforcement and community leaders to discuss the following issues:

Reassignment of law enforcement Internal Affairs investigations to neutral and impartial third parties to insure law enforcement accountability.
Body Camera use for all law enforcement encounters and mandatory policies for such use.
Increasing transparency from local law enforcement and the District Attorneys’ Office; Brady disclosures, prosecutor racial-sensitivity training, and full disclosure of complaints against officers and disciplinary information.

HCCLA calls on Mayor Turner and Judge Emmett to schedule a date and time to host this round-table meeting as soon as possible. This meeting is necessary and important for our citizens to see proof that Houston and Harris County leaders are committed to examining the path we are on to help avoid reliving the Louisiana, Minnesota and Dallas events here in our community.

Please feel free to contact me by email at tyler@tylerflood.com. Thank you in advance for your prompt attention to this very important and sensitive matter.

View/Download the full release her

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Our Lives, Our Fortunes, Our Sacred Honor

July 4, 2016 Leave a Comment

As Free and Independent States, Absolved from all Allegiance to the British Crown, We mutually pledge to each other our Lives, our Fortunes and our sacred Honor. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

July 1, 2016: 7th Annual Reading

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Nicole DeBorde

In this 240th celebration of the Declaration of Independence, we again assembled to pledge to each other our Lives, our Fortunes and our sacred Honor. In this our 7th annual reading, we stood together to renew our vigor and remind those in power that their power will be checked. As a local activist organization, we, the members of HCCLA, stood together and renewed our promises to our clients and colleagues. We will be the ones who stand against tyranny. We will be the ones who daily fight for individual freedoms and rights so that all will be protected.

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Robert Pelton

In a day where our judiciary thinks they are part of the home team, prosecution and law enforcement, we are the ones who stand to remind them governments can be overthrown. Governments are instituted among men and derive their powers from the consent of the governed. It is not government who decides right or wrong. It is the people. And whenever government becomes destructive, it is the right of the people to alter or abolish it.

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Robert Fickman and Tyler Flood

We are fortunate to have started this great tradition which has now spread across Texas and is gaining national and even international momentum. Many thanks to Robert Fickman for leading the statewide effort and securing readings in each and every of Texas’ 254 counties.

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Bob Rosenberg

Our history is reflected in a short synopsis of our years. And we hope to continue to grow our symbolic stand against the abuses in our system.

Additional thanks to Bob Rosenberg who tirelessly assists each year, not only with our reading but with photographs to document.

We’d also like to thank those judges and public officials who were able to attend and share our experience: Judge Kristin Guiney, Justice Marc Brown, Judge Ryan Patrick, Judge Jay Karahan, and District Clerk Chris Daniel. Judges Stacey Bond, Mike Fields, and Maria Jackson sent their regrets.

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Steve Halpert

Special thanks to ABC 13 and Jaime Zamora for livestreaming our event! Check out some video HERE

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Earl Musick

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JoAnne Musick

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Romy Kaplan, George Parnham, Mary Conn, Jay Cohen

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Alex Bunin, Chris Tritico

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John Raley, Nicole DeBorde, JoAnne Musick

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Vivian King, Robert Fickman

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Robert Pelton, JoAnne Musick, Danny Easterling

Media from our event:

Click2Houston carries the full video of the event HERE

ABC13 Coverage HERE

Breitbart – Texas Lawyers Celebrate in Every County by Reading Declaration of Independence: Started with HCCLA

Texas News quotes member Tom Berg

International Readings by our Members:

Enjoy members Ken and Judy Mingledorff reading in Prague on behalf of HCCLA

Member Brent Mayr reading on the steps of the Palazzo Publico taken from the Piazza del Campo in Siena, Tuscany, Italy. The relative significance of this location to the Declaration is two-fold. First, the Palazzo was home to one of the first forms of republican government outside of Rome. Second, and more importantly, painted on the walls inside are two famous frescos, The Allegory of Good Government and The Allegory of Bad Government. In The Allegory of Good Government, the central character is guided by Faith, Hope, and Charity, while conferring with the proper virtues necessary for a proper and just ruler: Peace, Fortitude, Prudence, Magnanimity, Temperance and Justice. Appropriately, Justice is depicted balancing the scales held by Wisdom. On the other hand, in The Allegory of Bad Government, the central figure is a demonish looking character with horns and fangs depicting Tyranny. Surrounding him are characters representing Cruelty, Deceit, Fraud, Fury, Division, and War.

PR: 2016 Reading of Declaration of Independence

June 21, 2016 Leave a Comment

P R E S S R E L E A S E

7th ANNUAL READING OF
THE DECLARATION OF INDEPENDENCE

Houston, Texas – In celebration of Independence Day, the Harris County Criminal Lawyers Association (HCCLA) is holding its 7th annual reading of the Declaration of Independence as we celebrate its 240^th anniversary. This year’s event will be led by JoAnne Musick, HCCLA’s immediate past president.

HCCLA’s reading of the Declaration is an annual tradition that was started in 2010 by past president Robert Fickman. Last year our tradition was shared in 139 counties across Texas, covering more than one-half of all county seats. This year, Robert Fickman has led the statewide effort through our affiliate, TCDLA, and has secured readings in all 254 counties within Texas. HCCLA continues to lead Texas with the largest gathering, boasting over 100 local attorneys, judges and Houstonians in attendance.

The Declaration of Independence is our nation’s most cherished symbol of liberty embodying a stand against tyranny. Our founders resisted the illegal and immoral practices of the crown. Today, we continue to fight against the abuses of government: police and prosecutorial overreaching and misconduct. Prosecutors continue to withhold evidence, courts persist in plea mills, police abuse our citizens, and appellate courts engage in intellectual dishonesty to achieve a desired result while disregarding rules of law. Our reading is a reminder to all that abuses will be exposed and the government will be held accountable.

Please join us in honoring our nation’s most sacred document in the spirit of independence:

When:             Friday, July 1, 2016
Where:           Harris County Criminal Justice Center
1201 Franklin Street, Houston, Texas
(front steps of the courthouse)
Time:              11:30am

The Harris County Criminal Lawyers Association is the largest local criminal defense bar in the United States with more than 800 active members.

CONTACT: JoAnne Musick via email or 832-448-1148

More information on our tradition can be found here

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First they Ignore, then they Copy

May 17, 2016 Leave a Comment

We used to be ignored. Criminal defense lawyers were never the belle of the ball – people said “how can you represent those people?” And even though we banded together, for years the system ignored us. After all, we wore the black hat and were contrarian to the goal: convict more, jail more, and be quiet.

Boy! We’ve come a long way! We earned a seat at the table. We have a large and collective voice. We are consulted. We are shaping the system.

And now, as JoAnne Musick just found out – we are being copied! Brown & Musselwhite, a Houston law firm, has started copying our blog posts (and all others) via Texas Bar Today. Their website boasts, “No Games, Just Law.” Yet their news is really everyone else’s. Sort of gaming the system there. They copy our content, link our writers back to themselves, and hope that Google and other search engines will reward them. They hope that a Google search for key words in our content will reveal their site. They hope that a Google search for our writers will net their site. That’s a game folks! No law, just games.

Sam Adamo Jr. wrote an incredible piece on Fitbit technology and its use in criminal defense – yep, they copied it.

Jillian Beck at the State Bar wrote about our annual awards – yep, they copied it.

JoAnne wrote about school principals interrogating students – yep, copied!

JoAnne wrote about juvenile priors and impeachment – yep, you guessed it! Copied!

JoAnne wrote about stun guns and a recent Supreme Court decision – Copied!

Ironically, they copied Darin Klemchuk’s Best Practices to Avoid Plagiarism and Copyright Infringment! (But I digress)

JoAnne wrote about innocent clients wanting to plea guilty – Copied!

And so many more! The fact is nothing they have posted is their work. It is all simply a bad copy of the curating done by the Texas Bar Today blog. They include no links to the original posts. No links to identify the author. Just mass amounts of “key word” content they are hoping will net search results. That’s bad marketing. That’s bad business. Especially for lawyers!

To paraphrase Mark Bennett: outsource your marketing, outsource your reputation. Which begs the question: are they bad lawyers or just bad marketers?

PR: 46th Annual Banquet and Awards

May 9, 2016 Leave a Comment

FOR IMMEDIATE RELEASE

CONTACT:
JoAnne Musick, HCCLA President
832-448-1148 office, email JoAnne

Houston, Texas – May 9, 2016 – The Harris County Criminal Lawyers Association (HCCLA) will hold its 46^th annual banquet and awards ceremony on Thursday, May 12, 2016 at Hotel ZaZa, 5701 Main Street, Houston, Texas 77005. HCCLA will honor the following award recipients:

Richard “Racehorse” Haynes Lifetime Achievement
Robert Pelton
Katherine Scardino
George “Mac” Secrest

Lawyer of the Year – Casie Gotro

Torch of Liberty – Stephen Clappart and John P. Denholm

Sharon Levine Unsung Heroes – Nancy Bunin and Mary Samaan

Member of the Year – David Ryan

Mentor of the Year – Eric Davis

President’s Junior Justice Award – Maya Wood

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