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.

 

See more photos (courtesy of Bob Rosenberg) – link coming soon!

Through our partnership with Camp Gladiator, here is your chance to receive a free 4 week camp beginning in January!

It’s time to work off the holidays and sharpen your mind and body through exercise – and for FREE! Try it out and let your trainer know you are with HCCLA – if you decide you like it, you will qualify for discounts on continued camps under our partnership.

If you have any questions, call or email our trainer
Jessica Leonard
jessicaleonard@campgladiator.com
(281) 736-4232

‘Twas the night before Christmas, when all through the house
Not a creature was stirring, not even a mouse.
The cops were out beating inmates with care,
In hopes that No Bills soon would be there.

The snitches were nestled all snug in their beds,
While visions of 5Ks danced in their heads.
The DA in her ‘kerchief, and judges on board,
Harris County settled for bonds indigents can’t afford.

When in the courtroom there arose such a clatter,
I sprang from my seat to defend the matter.
Away to the bench I flew like a flash,
Tore open my law books and filed motions in a dash.

The law on my side and justice not found
I plead for release as my client was jail bound.
When, what to my wondering eyes should appear,
But a miniature sleigh, and eight tiny reindeer.

With a little old driver, so lively and quick,
I knew in a moment it must be St. Nick.
More rapid than eagles his words were finally heard,
And he whistled, and shouted, and freed the jailbird.

He brought in a Writ, and went straight to his work,
And brought justice for all, then turned with a jerk.
And knowing this was a rare show of compassion
This little ole miracle was all he could fashion.

He sprang to his sleigh, to his team gave a whistle,
And away they all flew like the down of a thistle.
But I heard him exclaim, ‘ere he drove out of sight,
“Merry Christmas to all, and to all a good fight!”

(thanks to Robert Fickman for the inspiration)

 

“We respectfully disagree with the judge’s findings,” said Jeff McShan. “We believe our prosecutors acted ethically and argued within the four corners of the record and we intend to appeal.”

Nothing new here. This District Attorney, this District Attorney’s Office, has yet to take responsibility for any egregious behavior by its prosecutors.

This time, Judge Stacey Bond found in her 7 page findings that prosecutors Tiffany Johnson and Angela Weltin committed several misdeeds during trial, forcing a mistrial. During a hearing following the mistrial, it has been said that prosecutor Allan Curry argued that all though Ms. Johnson had acted inappropriately it was not intentional. Now, Jeff McShan, spokesperson for the District Attorney’s Office, says the prosecutors acted ethically. Which is it?

Previously, when a chief prosecutor was found to be texting the bailiff in charge of the jury during trial seeking information about the jurors thoughts, the District Attorney’s Office responded,

“While no violation was to be found, we don’t condone prosecutors texting bailiffs while a trial is taking place,” the spokesman said. “The matter will be handled internally.”

And, of course, there’s the famed David Temple case in which former prosecutor Kelly Siegler has been found to have violated ethical duties, and the District Attorney’s Office saw no problem.

And what about responsibility for their social media? While it may not have directly affected the trial at hand, the District Attorney posted on Facebook and Twitter during trial about extraneous charges that had not been introduced into evidence. Clearly, a violation of the ethical duties of any attorney and especially prosecutors. Yet, prosecutors again see no problem with their own actions.

What will it take for this District Attorney to start taking responsibility? When will we demand accountability? When will we demand the utmost in professional ethics of our prosecutors?

We’ve asked on several occasions (here and here), but alas it hasn’t happened.

UPDATE: Being a Prosecutor Means Never Having to Say You’re Sorry – on the Fault Lines Blog by Murray Newman explains the ruling in more detail.

This year’s HCCLA Toy Drive, organized by Brandon Ball, benefits Star of Hope.

We are accepting UNWRAPPED toys and cash donations through December 12, 2015.

Please bring toys appropriate for boys and girls of all ages, infant through 15 years. Care packages of new/unused personal items are also appropriate and appreciated.

Drop-off locations include:

Harris County Public Defender Office, 1201 Franklin, 13th floor (Criminal Justice Center)
Schneider & McKinney, 440 Louisiana, Ste. 800 (Lyric Center)
Mark Thiessen, 1221 Studewood, Houston, TX 77008
Adams & Ball, 7930 Broadway Street, Ste. 106, Pearland, TX 77581
and our Annual Holiday Party (December 10, midtown)

Many thanks to Brandon Ball for organizing this drive to help those in need. 100% of donations will be delivered directly to Star of Hope in time for their holiday events!

 

 

Honoring our Veterans and Getting their Records
by Robert Pelton, HCCLA Past President

November 11, 1918 marked the end of World War I. History books tell us that the bells rang and the war to end all wars ended. No veterans of that war are living today and there are very few civilians who were alive on the 11^th month of the 11^th day at the 11^th hour of 1918. In 1938, legislation was passed in the United States declaring November 11 to be “Armistice Day,” setting aside this day to honor those who served in World War I. Since 1954, November 11^th is known as Veterans Day. Virtually every family has a legacy from wars that have occurred since, including: World War II, the Korean “Conflict”, the Cold War, Viet Nam, the Gulf, the Iraq, Afghanistan and other lesser known and ongoing operations.

Dave Hood was a farmer in Cooke County, Texas when he was called to serve in the army in World War I to fight “in the war to end all wars.” Dave and thousands of young men went over the pond to fight for America. He was still there on the 11th hour of the 11th day of the 11th month when the war ended in 1918. He heard the bells toll and the people rejoicing that the war was over. He came back to Cooke County to continue his life. Dave was never the same. Cousin Dave suffered from what was then called “shell-shock.” Dave self-medicated with alcohol. Truth be known, his drinking got so bad that his wife (while he was passed out on the bed) sewed the sheets together and beat him with a broom. Despite his wife’s inventive efforts to make him stop, it never worked. Veterans Day was always special to Dave. Dave would walk to my granddad’s farm which was nearby and ask my Aunt Fannie to bake him a chocolate pie. He did every November 11th until he left this Earth.

My Uncle Lowell, who served with General Patton in World War II, came back from the war “shell shocked.” He had been in a tank attack, when his tank exploded killing several of his buddies in the tank. A day later, after being trapped inside with his fallen comrades, Lowell was rescued from the tank and taken to an Army hospital in France to recover. After eight months he was sent back to battle. When the war ended, he came back to Anson, Texas, where he spent the rest of his life shaken by the war, and self- medicated with all there was around–alcohol.

Doctors and therapists know a lot more these days. “Shell-shock” as they called it in the old days is Post Traumatic Stress Disorder, or now known as “Post Traumatic Stress.”

In my era, many of us enlisted or were drafted in to the military. Some served in combat while others were held in reserve. Two of my closest friends served in the 101st Airborne Division in 1965 and 1966. Frank survived, graduated from college and became a huge success. My other friend Robbie, who enlisted at age 19, survived but suffered from PTSD. He was constantly plagued by the memories of the war. He was in a unit called Tiger Force and was in long range recon patrol. Robbie would be dropped in to observe the enemy and report his findings to his superiors. Robbie was one of those young men who would cut off the ears of the enemy he killed and wear them as souvenirs. To say he returned a changed man is an understatement. Robbie died a couple of months ago. Although he was decorated with multiple Bronze stars, he wanted NO part of a military funeral.

Every client has a backstory. Ethically to zealously defend our client, we have to get that story in addition to the facts of the offense the State is trying to sell. Some clients are forthcoming with their story, while others are not. We have to DIG DEEP.

With our clients who served in the military, forget the “Thank You For Your Service” cliché. INSTEAD, SPEND TIME SHOWING THE VETERAN YOU CAN DO MORE THAN JUST TALK A GOOD GAME AND GET THEIR RECORDS. A former employee of mine kept telling me she was calling everyday to get records on our client without success. In frustration, I stripped her of the assignment and actually reached the powers that be on the phone. The records were emailed to me within 10 minutes.

All avenues must be explored for dismissal, a not guilty verdict, or for punishment mitigation. School records, medical records, and military records must be obtained. Military records are particularly useful because unlike medical records that are likely shredded after 10 years, or school records that were stored in a warehouse that was destroyed by a hurricane, THEY ARE ACCESSIBLE.

Below is a website that advises you how to get military records:

Military.com
National Personnel Records Center
1 Archives Drive
St. Louis, Missouri 63138
Fax 314-801-9195
Phone 314-801-0800
https://www.archives.gov/veterans/

I have attached the instruction and information sheet for a request pertaining to military records. The link is http://www.archives.gov/veterans/military-service-records/ or can be viewed here:

Download (PDF, 347KB)

Click on “Submit your request by MAIL or FAX using the SF-180 Form”

Getting military records can make a big difference in a veteran’s life. The records may help you get a case dismissed. It may help you mitigate punishment in the event of a trial or a plea. Pick up the phone and call if you need adult leadership. If all else fails, call 314-801-0800 to talk to someone about the records. The people who work these requests are generally very helpful. If this information is confusing to you, simply google “How to get Military Records.” You will be thanking a veteran for his service by getting the records and using those records to show a jury, prosecutor, or a judge what the veteran is made of.

On August 21, 2015, our Harris County District Attorney provided a Brady notice regarding DNA mixture cases. While the office had previously provided notice of the FBI STR population database errors, it was generally believed that the errors would not be significant. However, we learned that when the error combined with DNA mixture analysis, the effect can be quite significant.

Download (PDF, 286KB)

The DA’s notice came with the attached analysis from the Texas Forensic Science Commission.

Download (PDF, 132KB)

Here, the commission distinguished the FBI database error from the changing standards in CPI/CPE interpretations that apply to mixture cases. A mixture case is one in which more than one DNA profile is identified within a particular sample. This means the sample collected, say from a crime scene, contains a mixture of DNA from more than one person.

The commission points out that it is the FBI error together with the CPI standards that has led to more significant discrepancies in reporting.

A more recent memo (September 10, 2015) from the Texas Department of Public Safety Crime Lab explains that its lab has only this year updated its standards in mixture cases, resulting in all cases since 1999 (when they started STR analysis) until August 10, 2015 (when they changed their CPI protocol) being suspect.

Download (PDF, 332KB)

Additionally, in a July 28, 2015 audit of the Houston Forensic Science Center (the former HPD Crime Lab), conservative practices have been criticized as perhaps failing to identify and thus provide probative exculpatory evidence. (see page 3) This audit report was not received until September 18, 2015 when the DA’s office forwarded the audit and an internal response to the audit.

Download (PDF, 484KB)

As you can see, new information is coming out almost monthly. We will continue to provide information as we receive it.

Thanks to all who attended our annual banquet. Our honorees truly left us all inspired to be better, do more, and stand up!

Photos from the evening are available here

Tyler Flood, our member of the year, was unable to attend but kindly sent a video thanking us for the honor. He looks forward to his upcoming year as President-Elect.

Chris Tritico received the president’s award for his mentorship and assistance to Carmen Roe during her tenure as President.

David Ryan was once again honored (3rd year in a row) as our mentor of the year for his never-ending mentorship of young lawyers.

Thuy Le, one of our unsung heroes, was highlighted as a champion against all odds, even the judiciary. Much of her story can be found in the Houston Chronicle archives as reported by Lisa Falkenberg (Pulitzer Prize Winning Journalist): here and here. She stood up to a judge trying to take a child away from her 12 year old client.

Nicolas Hughes, another unsung hero, was praised for his work against the sexual offender civil commitment process and Judge Sieler.

Dick DeGuerin was honored for his 50 years in practice and his dedication to HCCLA. He is a founding member, a past president, and recipient of awards (lawyer of year, lifetime achievement). He also swore in our officers and directors for the upcoming year. This year’s officers: JoAnne Musick (President), Tucker Graves (Vice President), Lisa Strauss (Secretary), Steven Halpert (Treasurer) and Tyler Flood (President-Elect).

David Dow, our torch of liberty recipient, was honored for his struggle against the Court of Criminal Appeals wherein Judge Keller has taken a personal interest in harming defendants by removing David as counsel. You can read about it here. David appeals his suspension and lawyers across the state have called for a reinstatement and a proper hearing on the matter.

Mark Bennett, our lawyer of the year, achieved some magnificent results this past year. Almost single-handedly, he has taken on the penal code and challenged several statutes under constitutional grounds. Not surprisingly, he has prevailed!

Stanley Schneider, our lifetime achievement honoree, has had a distinguished career defending the accused. And, he is not even close to being finished! He has overturned death sentences, appealed cases to the United States Supreme Court, and mastered the art of his craft: trials and appeals.

It was such an honor to share our evening with these amazing lawyers. We are truly thankful for their example. May we all strive to achieve such results.

Harris County has launched a website for the purpose of disseminating information to those attorneys practicing in the criminal courts of Harris County.

Our HCCLA President, Carmen Roe, had indicated it is a place for the judges and District Attorney’s Office to post notices for defense lawyers. Currently, this website has information about jail phone and video systems for attorney use.

Given that the site itself notes the County assumes no liability for continued accuracy of posts, you should always confirm information found on the site with judges or prosecutors. (From the site footnote: The information contained in this site was valid at the time of posting. Harris County assumes no liability for damages incurred directly or indirectly as a result of errors, omissions, or discrepancies.) Yet, the posts themselves are not dated so there is no way of knowing how current the post may be. As such, I have already contacted the site administrator to request, at a minimum, they add dates to the notices. The site administrator has indicated they are forwarding the request on to the proper department. (though we are unsure what department that may be)

Attorneys should have received an email today from the District Clerk’s Office introducing the website.