FOR IMMEDIATE RELEASE
Houston, TX :: November 15, 2018
Alan Nickerson on trial (2007 © Houston Chronicle)
Joint Letter to Harris County District Attorney Kim Ogg:
Sentencing Juveniles
Reading of the Declaration of Independence
FOR IMMEDIATE RELEASE
CONTACT:
Doug Murphy, HCCLA President
(713) 229-8333 or email
9th Annual Reading of the Declaration of Independence
Houston, Texas – June 29, 2018 – In celebration of Independence Day, the Harris County Criminal Lawyers Association (HCCLA) is holding its 9th Annual Reading of the Declaration of Independence on Tuesday, July 3 at 12:00 pm outside of the Criminal Justice Center, 1201 Franklin Street.
HCCLA President Doug Murphy said, “The Declaration of Independence signifies what truly makes America great. The Declaration is not full of empty promises, but these Declarations ultimately became guarantees of liberty, freedom, equality and justice for all.”
The Reading of the Declaration of Independence by criminal defense lawyers is an annual tradition started by past president Robert Fickman. He has also coordinated with the Texas Criminal Defense Lawyers Association (TCDLA) to hold more than 100 readings in front of courthouses across the state, including one in front of the Tornillo immigrant minor detention camp near El Paso, Texas.
“Our annual reading of the Declaration comes at a critical time in our nation’s history. Our reading is a reminder that as Americans we cherish liberty, and we reject tyranny in any form,” said Fickman.
The Declaration of Independence is the founding document of the United States, and contains within its text the fundamental truths and unalienable rights that typify and embody the American way of life: …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.
Please join us in honoring our nation’s most sacred document in the spirit of independence:
The Harris County Criminal Lawyers Association is the largest local criminal defense bar in the United States with more than 700 active members.
For more information about the history of the readings and photos, visit here:
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HCCLA Supports Public Defender Alex Bunin
FOR IMMEDIATE RELEASE
CONTACT:
Doug Murphy, HCCLA President
713-229-8333 office, email Doug Murphy
Houston, Texas – June 11, 2018 – Harris County Commissioner Steve Radack recently called for an investigation on the Harris County Public Defender Alex Bunin to determine if he wrongfully used his office in assisting the litigants who have successfully sued Harris County for their unlawful bail practices. A federal judge declared the practices unlawful for discriminating against the poor.
Harris County so far spent over $6 million dollars in their unsuccessful defense of these unlawful practices. The call for an investigation by Commissioner Radack is nothing more than a diversionary tactic and waste of further county resources that will reveal only one thing: Alex Bunin has an independent duty to protect and defend the indigent—an inherent duty of a public defender—even if that duty is at odds with Harris County. This obligation and duty may be offensive to Commissioner Radack, but spending $6 million dollars defending illegal bail practices should be offensive to Harris County residents.
In 2010, the Harris County Bar, the Texas Indigent Defense Commission, the Harris County Commissioners, and the Advisory Board of the Public Defenders all came together to support the first ever creation of the Harris County Public Defender’s office. The search for the first Harris County Public Defender was the result of a nationwide search for the finest combination of legal acumen, proven ability to build a defender’s office, and commitment to providing the best defense for the public possible. All parties unanimously agreed that Alex Bunin was the perfect choice because of his stellar reputation earned by spending a lifetime defending the indigent accused throughout the country.
Harris County has benefitted from the finest criminal defense legal talent ever assembled under one roof since Alex Bunin was hired. Under his leadership, the Harris County Public Defender’s Office has had an enormous impact on day to day criminal justice in Houston.
The mental health division has significantly lessened the average stay in custody of the mentally ill in our criminal justice system, saving the county money while making the system more humane. The juvenile division has provided a striking contrast of professionalism to the crony system that had been the norm in the juvenile courts. The trial division has fought some of the most difficult cases in our system, including habitual offenders and those accused of sex crimes, with skill, zeal and most importantly, full resources for investigation and mitigation of any punishment. This team approach has already helped influence and improve our appointed counsel system. The appellate division, under his guidance, has helped change the law in our state, and has worked to integrate itself into trials smoothly, another first for our country.
Alex Bunin built the Harris County Public Defender’s Office with integrity, hard work, and outstanding leadership. The talented lawyers whom he personally recruited came because of him, and they stay because of him. The Harris County Criminal Lawyers Association supports continuing Alex Bunin as a true “Public Defender” of Harris County.
Memorial Day
Memorial Day by David A. Schulman
To my friends and loved ones everywhere — I want to remind you that Monday is Memorial Day — the day we honor our war dead. It’s not Armed Forces Day (that… was on last Saturday, May 19th); it’s not Veteran’s Day (that’s November 11th), and it’s damned sure not national BBQ day.
The reality is that, the older you are, the more departed members of our military you probably knew. To me, it doesn’t matter how many you knew or what are your politics. We should all recognize that, because the people we honor on Memorial Day gave their lives, we are free to live, love, and continue to debate the politics of the day. Whatever else you do on Monday, pause to remember the reason for the holiday.
Of all the things I’ve ever written, among those about which I am most proud are two that discuss Memorial Day. They were written four and five years ago, and are combined and located on the TIBA website. The article is below:
Memorial Day: A Salute to Our Heroes
Memorial Day: A Salute to Our Heroes
by Robert Pelton
If you think that you are having a bad day because your TV or phone or computer is not working, then get in your car and go to the nearest VA hospital and see real problems. People bitch and complain and gossip about bullshit all the time. In the hospital you will see men and women of the “Greatest Generation” suffering and coping with things most people can not comprehend. When my family members joined the army in WWII, they signed up for the duration of the war, not for two years or three years. They went over the pond as my uncle used to say and did not come back for over four years. When Lawyer Richard “Racehorse” Haynes was dodging bullets on Iwo Jima he was just trying to stay alive. My Abilene friend William Ervin Sims, who recently died at age 92, carried a BAR, a browning automatic rifle, weighing 16 pounds up the hills of Iwo Jima. Those two men and many others fought 35 days without rest and managed to survive.
Memorial Day has traditionally been a day of observance for the men and women who died in the sacrifice of the cause they were fighting for. This day is different from Veterans Day in that Veteran’s Day is set aside to honor all Veterans. Since many in the WWII and Korean War generation are growing older, I felt it incumbent on me to honor all Veterans by putting forth a short statement honoring those both living and dead who have served this great country.
One good friend and veteran Victor Blaine went away several years ago and I know he would approve of me writing this article now. John Saur is another Houston lawyer who froze for months when in Korea serving his country. When I asked him about the article he was happy and said any one who was worried about the date could come see him and he would have a surprise for them that he brought back in his duffel bag from Korea. John Saur was in the middle of the fighting and came back, finished college and law school and has been a lawyer almost 50 years.
Memorial Day is a federal holiday originally enacted to honor fallen Union soldiers after the Civil War. It was originally known as Decoration Day. Decorating the graves of their fallen soldiers was commonplace by Confederates even before the Civil War had ended, by southern ladies of Richmond and southern schoolchildren. The catastrophic number of dead soldiers from North and South alike meant that burial and memorialization was very important after the war. Townspeople, mostly the women, buried the dead and decorated graves during the war. The oldest national cemetery was created in 1862. After Abraham Lincoln’s death, many events to commemorate the war began. The first such event was in Charleston, South Carolina on May 1, 1865. Union soldiers who died there were buried in unmarked graves. Freed slaves knew of this and decided to honor these soldiers. They cleaned up and landscaped the burial ground. On that day, nearly 10,000 people gathered to honor the dead and 3,000 schoolchildren and others brought flowers to lie on the burial field. Historians said this was the first Memorial Day. African Americans invented Memorial Day in Charleston. Black Americans, freed from slavery brought flowers and sang songs about the war. Speeches on Memorial Day were a time for veterans, politicians, and ministers to commemorate the war. People of all religious beliefs joined together and the point was made that immigrant soldiers had become true Americans because they had shed so much blood in battle. By 1870, much of the anger was gone and speeches praised the brave soldiers of blue and gray. By 1950, the theme of Memorial Day was to uphold freedom in the world. Today, Memorial Day extends to honor all Americans who have died in all wars.
Tennessee was a divided state during the Civil War. Some of the families that served in the Union Army had family members joining the Confederates. My maternal great-grandfather Abraham George Washington Cox and great-great-grandfather Abraham Cox enlisted with the Confederate Army on the same day. Abraham George Washington Cox was 15 and his father Abraham was 51. They served in the Tennessee Calvary. After the war, Abraham George Washington Cox rode a mule from Tennessee to Cooke County, Texas, got married, and had 12 children and named them after Confederate heroes. My grandfather was named Robert E. Lee Cox. Abraham George Washington established the Mt. Zion School, Church, and Cemetery. Each year in May, our family meets there to attend “Graveyard Working” like the old customs that started Memorial Day. My paternal great-great-grandfather Joseph Washington Mathis fought with the 1st Alabama Infantry. He was captured at Island Tennessee on 4/8/1862, escaped capture at Port Hudson, Louisiana on 7/9/1863 and was captured again in Nashville, Tennessee on 12/16/1864. He was held prisoner until the end of war. His children came to Jones County, Texas in 1899.
My son, who coincidentally was born on July 4, called me from the recruiting station when he turned 17. He said the recruiter would not let him join without my permission and would not let him be a military police officer. I got the recruiter on the phone and he laughed and said you will have to get permission from the Pentagon. I was in Ted Poe’s court that morning and told him. He, himself a Veteran, made some phone calls and at 4pm that day a major at the recruiting station said, “Please don’t make any more phone calls, meet me here at 5pm and your son will be sworn in.” My son went to the US Army and was trained at Fort Anniston, Alabama as a military police officer. He served there and got out but was recalled after 9/11. He served again and left the Army as an E-5 with an Honorable Discharge.
In Flanders fields the poppies blow
Between the crosses, row on row,
That mark our place; and in the sky
The larks, still bravely singing, fly
Scarce heard amid the guns below.
We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved and were loved, and now we lie,
In Flanders fields.
Take up our quarrel with the foe:
To you from failing hands we throw
The torch; be yours to hold it high.
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders fields.
- John McCrae
…We cherish too, the poppy red That grows on fields where valor led, It seems to signal to the skies That blood of heroes never dies… – Moina Michael
We all complain about high taxes, traffic, bad government, bad judges, bad prosecutors, bad presidents, and bad everything. The list is long on things we complain about. In America we have the right to complain. Try that in some foreign country and your life will be ended. We live in a free country where opportunity exists for all people. People from all over the world want to come to the United States of America. Members of TCDLA and HCCLA and their family members who have served, or are serving, will be listed at the end of this article. They all need to be recognized for their sacrifices, be it large or small. Some of us were in the military reserve and some were in the middle of battle and saw their comrades dying around them.
Some were brave men who did extraordinary things in battle to fight for our country. One member at a recent seminar in Plano said, “I was only in the Naval Reserve.” I reminded him of the phrase by John Milton, “Those also serve who stand and wait.” Even those who were, or are standing in wait, are serving. As we have seen from recent history, many of those who were standing and waiting were called to active duty and sent to foreign lands to serve and fight if needed. Many of those who were standing and waiting went overseas and never came back.
The problems facing Veterans have gained some attention and in many counties there is now a Veteran’s Court. They recognize that Veterans have special needs. Too many times, when representing a Veteran, I try to point out to the prosecutor that this person served our country and may have suffered some disability or some change that affected the Veteran’s behavior. Too often I have heard the prosecutor say, “Well, everybody has some kind of excuse.” No, I point out everybody did not go through what the Veteran did. This attitude prevails in every court room across the state. Most of these people never served in anything, not even Cub Scouts. Few judges in the Harris County courts were in the military. The exceptions are Judge Mike McSpadden, Judge Jim Wallace, Judge Marc Carter, and Judge Ruben Guerrero.
As lawyers representing Veterans, we need to get the military records and prepare a mitigation motion or motion to dismiss the case. We need to be vigilant in our fight for the Veteran client. If there is a Veteran’s Court, try to get the case transferred there. If there is no Veteran’s Court then try to get other Veterans to help you do your best for the client. Get all the people from the VFW or American Legion to come to court and see what happens. Even bring the members of the Veteran’s motorcycle clubs, the Patriot Guard, and Rolling Thunder. Go to military.com to get a list of Veteran groups. If the Veteran has alcohol or dug problem, bring the AA or NA group too. It has proven to be very effective.
Famous wartime quotes:
A good battle plan that you can act on today can be better than a perfect one tomorrow.
-General George Patton
Freedom is the right to be wrong, not the right to do wrong.
-John Riefenbaker
Never trust a private with a loaded weapon, or an officer with a map and compass.
-A Murphy’s Law of Combat
You don’t win a war by dying for your country. You win a war by making the other son-of-a-bitch die for his.
-General George Patton
Richard Grenier said, as George Orwell pointed out, “PEOPLE SLEEP PEACEABLY IN THEIR BEDS AT NIGHT ONLY BECAUSE ROUGH MEN STAND READY TO DO VIOLENCE ON THEIR BEHALF.”
The following members of TCDLA or HCCLA (or their family members or investigators) served in the military and we honor them all:
*Reiffert Riley Evans
*Alan Schein
Richard “Racehorse” Haynes
Robert Scardino, Sr.
John Saur
Andrew Lannie
Victor Blaine
G. Wesley Urquhart
John Urquhart
Lucio Martinez
Bobby Mims
Bernie Trichter
Herman “Hymie” Trichter
Lucille Trichter
Albert Fickman
Philip Fickman
Albert Schein
Max NewDelman
Jack Zimmermann
Terri Zimmermann
Kyle Sampson
Abraham Cox
Abraham George Washington Cox
Ernest L. Pelton
Wilmer M. Pelton
Joe L. Pelton
Robert C. Pelton
Robert O. Pelton
Joseph Washington Mathis
BF Harless
WD Harless
Cullen Harless
SL Hardcastle
Charles Hardcastle
Norman Harless
Robert W. Kelly
Jack Kelly
Marcel Kelly
Charles Dirnbauer
Mark Dirnbauer
Katie Dirnbauer
Rod Schuh
Rod Schuh, Jr.
Will Gray
John Morgan
Warren Burnett
Buck Files
Jim Brown
Rodney Williams
Pat Williams
Dr. Phillip Lewis
Maricia Brooks
Max Scott
Stan Weinberg
William Flynn
Mike McCollum
Charles Wetherbee
Terence Russell
Jesus Garza
Don Davidson
Charles Mabry
Richard Mabry
Zachary Curtis
Steven Green
Dorsie Ray Green
James Matthew Ratekin
Matthew Brent Ratekin
Donald Hoover
Don Bailey
John Hunter Smith
Eliseo Morin
Charles Easterling
Bill Torrey
Frederick Ullrich
Dale Ullrich
Louis Ullrich
Michael Finger
John David Leggington
Harry Belden
Louie Greco
Raymond Zimmerman
Charles W. Tessmer
George Miner Jr.
Bill Torrey
Louis Greco
Lorton E. Trent
Oscar Trent
Olen Poole
Max Basket
Bill Baskett
Arthur Leslie Kagan
Harry Belden
Gerald Rogen
Jesse Pruett
Max Scott
James Story Sr.
James Story II
Santiago Salinas
Tom Berg
Tom Moran
Pat McCann
Bennie Ray
Mark Vinson
Tony Chavez
John Patrick Callahan
David Patrick Callahan
Donald Hoover
Don Bailey
John Hunter Smith
Eliseo Morin
George E. Renneburg
Jeffrey Brashear
Steven Green
Lanhon Odom
John M. Economidy
Byron G, Economidy
John “Bud” Ritenour
Larry Sauer
Forrest Penney
Frederick Forlano
Daniel Moreno
Abel Palomo
Michael Moreno
Joseph Moreno
Randi Ray
Steve Green
Jeusu JD Garza
Jerry Parr
Jefferson Moore
Leonard Martinez
Stephen Ferraro
John Convery
Julie Hasdorff
Benjamin Thomas Hudson Jr.
Ebb Mobley
Louis Akin
Sergio Tristan
John Youngblood
Charles Wetherbee
Dr. William Flynn
Alfred Dane
Alvie Dane
Charles Russell
Terence Russell
David Randall
Tanner Yeats
Herman “Hank” Lankford
Robert Harold Jackson
Arlan J Broussard
Richard Trevathan
Jim Skelton
George Parnham
James Barlow
David Black
J.C. Castillo
Logan Dietz
Ralph L. Gonzalez
Connie Williams
Hal Hudson
Guy Womack
Charles W. Lanehart
Matthew Daniel
Lonzo McDonald
Patrick McDonald
Warren McDonald
Ron McLaurin
Herbert Wolf
Theodore A. (Tip) Hargrove, III
Buddy Balagia
Travis E. Kitchens
Zachary A. Garcia
Jeff King
Patrick McLain
Cullen Elrod
DeSean Jones
Joe Varela
Bob Heath
Hank Johnson
David Zimmerman
Todd Lehn
Thomas Kelton Kennedy
David G. Ritchie, Jr.
Anne K. Ritchie
Bobby Mims
Bob Estrada
*Killed in Action
2018 HCCLA Banquet & Awards
The Harris County Criminal Lawyers Association (HCCLA) held its 48th Annual Banquet on May 10, 2018 at The Ballroom at Bayou Place in Houston, Texas.
The 2018-2019 HCCLA Board of Directors were sworn-in by Edward Mallett.
Special Thanks to: Steve Halpert (HCCLA Treasurer), Christina Appelt (HCCLA Executive Director), Michael Godfrey (video production), Bob Rosenberg (photography), Shannon Moore (event assistance), Craig Howard (Ballroom General Manager) and the wonderful staff at The Ballroom.
Recipients of 2018 Richard “Racehorse” Haynes Lifetime Achievement Awards: Connie Williams, Sam Adamo, RP ‘Skip’ Cornelius
See more photos (courtesy of Bob Rosenberg) – link coming soon!
HCCLA 2018 Award Winners
The Harris County Criminal Lawyers Association wishes to congratulate this year’s outstanding award recipients in the following categories: Lifetime Achievement, Lawyer of the Year, Torch of Liberty, Unsung Hero, and Mentor of the Year. Each will be honored at the 48th HCCLA Annual Banquet during our awards presentations on May 10, 2018 at the Houston Ballroom at Bayou Place, 500 Texas Avenue, Houston, 77002. Please join us in celebrating their achievements. Make your reservations!
For more information:
HCCLA.org/banquet
PR: HCCLA Renews Request for Criminal Investigation of Former Prosecutor
FOR IMMEDIATE RELEASE
CONTACT:
Tucker Graves, HCCLA President
(713) 225-4273
HCCLA Renews Request for Criminal Investigation of Former Prosecutor
Houston, Texas – March 12, 2018 – The Harris County Criminal Lawyers Association (HCCLA) has called on Harris County District Attorney Kim Ogg to appoint a special or pro tem prosecutor—either an elected official from a neighboring county, or a prosecutor appointed by the office of the Administrative Judge of the Harris County District Courts—to investigate the actions surrounding the prosecution of Alfred Dewayne Brown by the District Attorney’s Office.
The law must apply to all. When prosecutors and investigators conceal evidence and deliberately intimidate witnesses, misuse grand juries, and knowingly ask for death for an innocent man, they must answer for it as any other citizen would.
Letter to Hon. Kim Ogg (below):
.PR: Abuse of Power at Guantanamo Military Tribunals
FOR IMMEDIATE RELEASE
CONTACT: Tucker Graves, HCCLA President 713-225-4273, email Tucker Graves
HCCLA Condemns Guantanamo Judge’s Actions
Houston, Texas – November 6, 2017 – On behalf of our former member Ms. Rosa Eliades and the other attorneys representing those at the Guantanamo Military Tribunals:
The Harris County Criminal Lawyers Association (HCCLA) condemns in the strongest possible terms this abuse of power by the military tribunal judge Colonel Vance Spath in Guantanamo. The notion that the military will not only violate every acceptable norm of a fair defense and then compel the defense attorneys to participate in what they know to be a sham by threat of incarceration is as fundamental a threat to the Constitution as one could find. The threat of incarceration against civilians for exercising their right of protest at the military tribunal’s continuing efforts to conduct flawed trials is a serious and grave breach of due process and the right to counsel. If the military can compel lawyers to violate their oaths as attorneys or face imprisonment, then who is next?
The defense counsel for Mr. Al Nashiri should have their orders of confinement and appearance vacated at once. The government should either find new counsel for this man or acknowledge that it has no business trying these individuals and turn them over to a proper federal court for a real trial. We salute the Marine Brigadier General Baker, Rick Kamen, Ms. Eliades and all the others striving to provide a real trial to those held unlawfully in Guantanamo and elsewhere in the world.
The Harris County Criminal Lawyers Association is the largest local criminal defense bar in the United States with more than 700 active members.
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PR: Harris County Criminal Court Suggestions Post-Harvey
FOR IMMEDIATE RELEASE
CONTACT: Tucker Graves, HCCLA President 713-225-4273 office, email Tucker Graves
Houston, Texas – September 5, 2017 – The Harris County Criminal Lawyers Association, which represents Harris County’s criminal-defense bar, the largest organization of participants in the Harris County criminal justice system, suggests the following to help ensure a safe, functioning, and fair criminal justice system for the people of Harris County in the wake of the destruction rendered by Hurricane Harvey:
- Judges should be uniform in their policies to provide predictability to the bar and the public. Nobody should have to learn which of 38 different policies apply to his or her case.
- Defendants with counsel should be allowed resets of at least ninety days between court appearances. Hurricane Harvey is going to have a huge financial toll on our county; the lost productivity of the accused attending multiple unnecessary court appearances would only compound this toll.
- Bond conditions such as ignition interlock and SCRAM devices should be used minimally.
- Pretrial intervention and other diversionary programs should not rely on the Court Services Department or the Community Supervision and Corrections Department. These agencies are going to be overburdened already, and their participation in such programs is not (and has not historically been) necessary.
- Electronic filing should be speedily implemented. The less physical resources the system needs, the better for all involved.
- The cases of defendants in custody should be prioritized. We recognize that this catastrophe may affect defendants’ ability to get their cases quickly resolved; those who are unable to make bail should not suffer the extraordinary consequences of this storm any more than is necessary.
- Lawyers should be appointed to indigent defendants at the bail hearing or initial appearance. Court coordinators should select appointed counsel promptly upon an indigency determination, and contact that counsel immediately so that they can begin working for the accused.
- Bail amounts should be lowered, except in extraordinary cases, to take into account the financial drain that the people of Harris County are already suffering from destroyed property and a kneecapped economy.
- Those arrestees who are constitutionally entitled to reasonable bail should be released expeditiously and allowed to appear with counsel. Scarce jail and court resources should not be clogged with people who don’t need to be there.
- Court-appointed counsel should be paid on interim vouchers. Those defending indigents accused have expenses that are not going to be put on hold. They cannot wait until cases are resolved to be paid.
- Defendants with counsel should not be required to appear in court except for a plea or contested hearing. The financial cost to Harris County economy of lost productivity because of court appearances at which defendants’ appearance is required for no good reason has always been huge. This might have been bearable in ordinary times, but during this emergency Harris County needs every productive person working to rebuild.
- If weekend or evening dockets are instituted, they should be voluntary. The criminal-defense bar is not opposed to such dockets, and they may work better for some defendants and lawyers, preventing a productivity loss, but some people are unable because of family obligations to attend such dockets.
- No bail should be revoked for failure to appear in court until there is a plan in place and the criminal-defense bar has had an opportunity to notify our clients of where they must attend court.
We look forward to working with the bench and the prosecutorial bar to build a system that works even better for the people of our county than it did before the storm.
Houston strong!
(photo by Robert Pelton)
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