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Nothing To See Here, Move Along People

August 2, 2015 1 Comment

If you’ve been following the David Temple story, you know that Judge Gist found veteran ex-prosecutor Kelly Siegler committed at least 36 instances of misconduct and/or hid evidence. A prosecutor’s duty is to do justice. How can justice be had amongst lies, hidden evidence, and a win at all costs mentality?

Now, lawyers for David Temple have requested the Office of District Attorney, which has accepted no responsibility for prior transgressions by its own, to recuse itself from the continuing legal battle.

Instead of determining whether or not recusal is in the interest of justice, Devon Anderson asks, “Why should I?” In essence she says they have not given her a good reason to recuse her office.

How about Justice? How about Integrity? How about Public Trust? How about Appearance of Impropriety?

We can think of many reasons that seem to escape Ms. Anderson.

Read Ms. Anderson’s response here: 

Download (PDF, 200KB)

Filed Under: appearance of impropriety, honor, justice, politics, prosecutors, Public Trust Tagged With: conflict of interest, Criminal Justice, david temple, devon anderson, fair trial, harris county, Harris County District Attorney, hccla, honor, Improper Conduct, justice, kelly siegler, prosecutorial misconduct, prosecutors

Will the Harris County District Attorney Accept Responsibility?

July 18, 2015 3 Comments

Our clients have problems.

Despite their denial, the Harris County District Attorney has problems as well.

They want our clients to accept responsibility. Will they as well?

In yet another instance, injustice and an appearance of impropriety permeates the Office of District Attorney for Harris County. Apparently, it seems the prosecutor and the bailiff engaged in a series of conversations and text messages about the jury. The importance of this is two-fold: (1) the bailiff, a Harris County Deputy Sheriff, is an officer and arm of the court who is the only person authorized to speak with jurors and (2) the prosecutor is an officer of the court who is forbidden from talking to the jurors. Granted, the prosecutor did not engage in direct communications with the jurors; however, she did attempt to communicate through the bailiff.

She texted the bailiff saying she wished she knew what the jury was thinking. The bailiff responded saying he would find out. THAT IS INAPPROPRIATE. There is no way to spin this so that any part of that conversation was proper and within the rules that require the court (via his bailiff) and the parties (via the prosecutor) to avoid the appearance of impropriety.

So what’s the big deal? Well, the thing is this is just one of many instances – all seemingly small – which cast doubt on the ability to have a fair trial in Harris County.

When will Devon Anderson accept responsibility? She didn’t in her response to our request about Dan Rizzo and the Alfred Brown case. She didn’t in an inquiry about prosecutor’s Connie Spence and Craig Goodhart threatening witnesses. She hasn’t in her media responses to the Kelly Siegler findings of prosecutorial misconduct. And, she hasn’t here. What will it take?

 

Filed Under: appearance of impropriety, honor, justice, police, politics, prosecutors, Public Trust Tagged With: alfred dwayne brown, appearance of impropriety, bailiff, cell phone, criminal defense, Criminal Justice, Dan Rizzo, devon anderson, district attorney, fair trial, fundamental fairness, harris county, Harris County District Attorney, harris county sheriff, hccla, honor, Improper Conduct, justice, kelly siegler, lawyers, perception, prosecutorial misconduct, prosecutors

Hollywood: Cold INjustice

July 11, 2015 Leave a Comment

Chronicle Editorial Hits Nail on the Head: Hollywood ending, A potentially innocent man sat behind bars so that a prosecutor could get on television.

“an awful lot of razzle dazzle for the serious business that goes down in criminal courtrooms”

Some prosecutors forget. Some never know it to begin with. But, criminal courtrooms are serious business. Life and liberty (for all) are at stake. Criminal courtrooms mean much more than their civil counterparts who fight over money.

It is interesting that most people do not care about the criminal justice justice system; most do not care if rights are trampled; most have no idea innocent people can be convicted; until it happens to them or a family member.

For over 21 years, Kelly Siegler (a Harris County Assistant District Attorney) played fast and loose with the rules. She used the courtroom as her stage for theatrics. Yes, she was aggressive, and that’s ok, as long as it is fair. Hiding evidence is not fair. Subpoenaing witnesses under a different case to hide the witness is not fair. Lying to the court is not fair. Interfering with public information requests is not fair. Continuing to hide evidence long after you no longer work as a prosecutor is not fair.

Just as there are bad influences in every profession, Kelly has marred the reputation of prosecutors, even those who do seek justice. It’s easy to be fair. A web of lies and deceit do nothing for our system of justice, except create injustice.

Filed Under: honor, jail, justice, politics, prosecutors, Public Trust, Reasonable Doubt Tagged With: cold justice, criminal defense, devon anderson, dick deguerin, district attorney, harris county, Harris County District Attorney, hccla, honor, Improper Conduct, injustice, justice, kelly siegler, lawyers

Free from Tyranny

July 4, 2015 1 Comment

11713762_10207087343963333_5644811668517364144_o11538967_10207087337843180_4432589235042740427_oOn July 2, 2015 members of the Harris County Criminal Lawyers Association again assembled on the courthouse steps for our annual reading of the Declaration of Independence. Began in 2010 by Robert Fickman, this was our 6th Annual Reading.
10636874_10207087333843080_3404999347319209620_oAlways moving and inspiring, this year we were fortunate to have the added joy of hearing two Wor11700626_10207092943223311_2599068859094080682_old War II Veterans, Virgil Poe and Joseph Varela Sr., read with us.

We would like to thank all those in attendance as well as those who participated in the reading.

Readings by:
Virgil Poe, JoAnne Musick, Todd Dupont, Chris Tritico, Paul Schiffer, John Raley, Evan Myers, Carmen Roe, Damon Parrish II, Jason Sosa, Robert Fickman, Joseph Varela Sr. (assisted by his son Joe Varela Jr.), Grant Scheiner, Alex Bunin, Danny Easterling, Justin Harris, Ernesst Bo Hopman, Vivienne Schiffer, Mark Metzger, Drew Prisner, Gemayel Haynes, Sarah Wood, Mike Trent, Paul Kennedy, Robert Pelton, Vivian King, Wade Smith, Paul St. John, Jackie Carpenter, Thuy Le, Alejandro Macias, Philip Gommels, Tristan Legrande, Mary Moore, J. Julio Vela, Mark Bennett, Earl Musick, and Nicolas Hughes.

Special thanks to these judges who attended:
Brad Hart, Jay Karahan, Susan Brown, Kristin Guiney, Robin Brown, Brett Busby, Marc Brown, Brock Thomas, Denise Bradley, Mike Fields, Paula Goodhart, Mary Lou Keel, and Michael Schneider.

Very special thanks to those behind the scenes that make it all happen:
Christina Appelt, Joel Avendano, and Bob Rosenberg (official HCCLA photographer).

Our photos can be found via Bob Rosenberg’s Facebook (public posting) here: Part 1, Part 2, Part 3

We are proud to have started this tradition and watch it grow across the State of Texas. Joined by TCDLA, Robert Fickman has grown this event to cover more than one-half of Texas Counties. A recap can be found here: http://www.criminaldefensedeclarationreading.com/

Some of our members have blogged their personal experiences:

JoAnne Musick, HCCLA President

Philip Gommels, Board Member

You can view the video of our reading here: https://youtu.be/3Bm55f-FQnI

And lastly, KTRH added a little insight into the practice!

Filed Under: celebrations, declaration of independence, honor, justice, Members, Public Trust Tagged With: 4th of july, courthouse, declaration of independence, fourth of july, free from tyranny, freedom, freedom rings, hccla, honor, independence, justice, tcdla, veterans

Honoring the Fallen: Memorial Day

May 24, 2015 Leave a Comment

MEMORIAL DAY….. A SALUTE TO OUR HEROES

By: Robert Pelton and Anne Ritchie

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 BS 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 months 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 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.

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

“People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.” -Richard Grenier on George Orwell

 

Filed Under: honor, Members, military, Public Trust Tagged With: heroes, honor, memorial day, military

Honoring Our Veterans

November 10, 2014 Leave a Comment

By: Robert Pelton

Veterans Day is a special day to honor all Veterans who served in the military of the United States of America. Thousands of men and women have served our country…some who never came back. Others who served are crippled mentally, physically or both. No matter what a person does or did in the military their lives were forever changed. My 7 year old granddaughter Anns Lee Pelton did this sketch in honor of Veterans. She won 1st place at her school in a ceremony honoring Veterans. As a patriotic young lady, she is proud to share this with all our members who are Veterans or have family members who are Veterans.

My granddaughter was named partially in memory of Robert E. Lee. Her great-grandfather was named Robert E. Lee Cox. Her great-great-grandfather Abraham George Washington Cox was 15 and his dad Abraham was 51 when they both enlisted on the same day in 1862.

annsleepic

Veterans sketch honoring women serving in the military-1st place award to Anns Lee Pelton, student at Cy/Fair elementary school at a ceremony honoring Veterans

Anns Lee Pelton 7 year old grand daughter of member and Past President Robert Pelton won first place at her school for her sketch honoring women Veterans and all other Veterans. Anns Lee comes from a long line of Veterans dating back to the 1700s.

Filed Under: Members Tagged With: honor, veteran, veterans day

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