Harris County Criminal Lawyers Association

PR: Richard ‘Racehorse’ Haynes: Legendary Attorney

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FOR IMMEDIATE RELEASE

CONTACT:
Chris Tritico, HCCLA Past President, 281-744-7446, email Chris Tritico
Tyler Flood, HCCLA President, 713-224-5529, email Tyler Flood

racehorseHouston, Texas – April 28, 2017 – It is with a sad heart that Harris County Criminal Lawyers Association acknowledges the passing of legendary attorney Richard “Racehorse” Haynes.  Racehorse was born in San Antonio in 1927 and lived to be 90.  He is considered to be the father of the defense bar in Harris County and one of the most publicly recognized defense attorneys in the nation.

Numerous Judges and Lawyers knew him and studied under him. He is a cultural icon in the criminal justice world.  Racehorse was a United States Marine who served in World War II and participated in the Battle of Iwo Jima at the age of 17.   He was a dramatic lawyer in the courtroom going so far as to almost nailing a real nail through his own had in front of the jury.

Racehorse was involved with many landmark cases such as the State of Texas v. John Hill, which became the basis for the book Blood and Money.  In addition to other notable clients such as Fort Worth millionaire Cullen Davis, he also represented the famous kissing bandit Morganna.

To honor his life and his passing, HCCLA respectfully requests that the flags at the Courthouses be flown at half staff today.

 

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PR: Magistrate Appointment to Connie Spence Must Be Rejected

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***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

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constitution day graphic 2016Press 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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PR: Call for Immediate Investigation of HCDAO and Pct 4

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*** FOR IMMEDIATE RELEASE ***

CONTACT: Tyler Flood, HCCLA President 713-224-5529 office, email Tyler Flood 

Houston, Texas – September 6, 2016 – Harris County Criminal Lawyers Association (HCCLA) sends this letter to request immediate action be taken regarding the destruction of over 21,000 pieces of evidence by Harris County Precinct 4 Constable’s Office and to investigate the Harris County District Attorney’s Office for failing to disclose this information and for their continued failure in doing so.

This request has been sent to: Ken Magidson, U.S. Attorney’s Office – Southern District of Texas; Special Agent Perrye Turner, Federal Bureau of Investigation, Texas Governor Greg Abbott; DPS/Texas Rangers – Public Integrity Unit;  and Texas Commission on Law Enforcement.

HCCLA is the largest local criminal defense bar association in the country made up of over 700 criminal defense lawyers.  We are extremely concerned about the lack of any serious, outside investigation of Harris County Precinct 4 Constable’s destruction of evidence.  Additionally, there is no outside agency investigating the Harris County District Attorney’s Office to determine what ethical violations were committed and what laws were broken for withholding this information that the District Attorney claims to have had knowledge of since January of 2016.  HCCLA has no confidence in the ability of the Harris County DA’s Office to investigate themselves, if they are even doing so.

HCCLA makes a request that:

  1. Harris County Precinct 4 Constable’s Office be IMMEDIATELY de-certified of its law enforcement abilities in order to investigate potential criminal acts Precinct 4 has committed.
  2. The Harris County District Attorney’s Office IMMEDIATELY be investigated for its misconduct in failing to disclose information relating to criminal cases stemming from Harris County Precinct 4.
  3. All Harris County Precinct 4 Constable’s Office cases be IMMEDIATELY placed on hold, if they are not dismissed, so that no action may be taken on them until further notice about this investigation.
  4. The Harris County District Attorney’s Office IMMEDAITELY release a list with Cause numbers and Defense Attorney’s names of all Precinct 4 cases that have been disposed of since January 1st, 2016, whether by dismissal, plea or trial.

View/download full release here:

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PR: Call for Round Table in Light of Shootings

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***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:

  1. Reassignment of law enforcement Internal Affairs investigations to neutral and impartial third parties to insure law enforcement accountability.
  2. Body Camera use for all law enforcement encounters and mandatory policies for such use.
  3. 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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PR: 2016 Reading of Declaration of Independence

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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 240th 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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PR: Tyler Flood Assumes Presidency

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FOR IMMEDIATE RELEASE

CONTACT:
Tyler Flood, HCCLA President
713-224-5529 office, email Tyler Flood

Houston, Texas – May 16, 2016 – The Harris County Criminal Lawyers Association (HCCLA) held its 46th annual banquet on Thursday, May 12, 2016 at Hotel ZaZa in Houston, Texas.

Dick DeGuerin swore in HCCLA Officers and Board of Directors (2016-2017), including incoming president Tyler Flood.

Effective immediately, please direct all media inquiries to: 

Tyler Flood – HCCLA President
Tyler Flood & Associates, Inc.
1229 Heights Blvd.
Houston, Texas 77008
(713) 224-5529 Office
(713) 224-5533 Fax

email tyler

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PR: 46th Annual Banquet and Awards

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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 46th 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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HCCLA files Southlawn Amicus

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HCCLA, together with TCDLA and the Harris County Public Defender’s Office, has filed its amicus (friend of the court) brief in the Southlawn Gang Injunction case.

The Harris County County Attorney and District Attorney have sought to banish members of the Southlawn community from entering the area under the theory that they are protecting this area from gang activity. In short, the County has identified many individuals whom they seek to explicitly and permanently ban  from entering, remaining, appearing, sitting, walking, driving, bicycling, or being physically present within the “Southlawn Safety Zone.” This zone is just over 2 square miles.

While we recognize the County’s attempt to curb criminal activity within a particular area, this approach is offensive to the Constitution and effectively expels the named defendants from ever entering the area – whether for school, church, or to visit family.

Banishment, while used in medieval times, has never been authorized under Texas law. Banishment is the greatest form of punishment and should not be used as a civil remedy.

The full text of our amicus can be viewed and downloaded here:

Download (PDF, 210KB)

 

Thanks to the lawyers involved in this litigation for bringing this issue to our attention. And special thanks to Nicolas Hughes for his work in researching and writing on this issue.

For more information on the civil injunction case, Drew Wiley provides an overview.

See also, Texas Lawyer coverage

PR: Grievance against judge sustained – Private reprimand

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Houston, Texas – February 26, 2016 – The Harris County Criminal Lawyers Association (HCCLA) is pleased to announce its complaint against sitting judge William “Bill” Harmon has been sustained with a private reprimand being issued.

For years, Judge William “Bill” Harmon arrogantly and inappropriately displayed his Mother’s Against Drunk Driving award on the bench in Harris County Criminal Court at Law #2. Despite requests from HCCLA and lawyers that it be removed, especially during DWI trials, Judge Harmon persisted in its display. During at least one trial, the potential jurors seated in the gallery responded they could see and read the M.A.D.D. plaque; they knew the meaning of the acronym so prominently displayed on the plaque; they even found its display ironic and uncomfortable. The display represented exactly what judges are supposed to avoid – an appearance of bias or impropriety.

The courtroom is a public place to be free of special interests, especially where the court appears to be aligned with the special interest. Our judiciary must be vigilant in its fairness to all parties appearing before the court and must not align itself with special interests that cast doubt on the court’s impartiality.

HCCLA’s complaint also included other inappropriate conduct.

HCCLA filed a judicial complaint with the Texas State Commission on Judicial Conduct on April 14, 2015. On February 19, 2016, the Commission confirmed its private reprimand of Judge Harmon via written letter (received today).

Because the Commission has issued a private reprimand, rather than a public sanction, we do not have any additional details as to what may have transpired between the Judge and the Commission. We do know that a condition of the reprimand was that Judge Harmon remove the offending display from the public courtroom.

A complete copy of the judicial complaint can be found at: https://hccla.org/madd-about-bias/

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Harris County Criminal Lawyers Association
P.O. Box 924523
Houston, TX 77292-4523
(713) 227-2404