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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

Egregious Prosecutorial Conduct

July 9, 2015 1 Comment

David Temple, the innocent man Kelly Siegler finally convicted, may finally get a new trial. In his 19-page findings of fact, Judge Gist notes at least 36 instances of prosecutorial misconduct; he paints a picture of a prosecutor willing to win at any cost and failing to follow her duty to disclose, or timely disclose, evidence favorable to the defense. Siegler, he notes, testified she didn’t need to turn over the evidence because she didn’t believe it was true.

The prosecutor’s personal belief in the truth of the favorable evidence can never be the benchmark for what prosecutors must disclose. Almost always, the Brady information which must be disclosed will be contrary to the prosecutor’s case or at least at issue with a portion of their case. But that’s exactly why it must be disclosed; defense attorneys are entitled to explore and investigate that information which may tend to exculpate their client. Defense attorneys are entitled to information which could harm the prosecutor’s case or cast doubt upon their witnesses. That’s been the law for decades. Certainly, if a prosecutor were to believe the information, her duty would be not only to disclose the information but also to dismiss the prosecution.

Read more from the Houston Chronicle: Judge Finds Fault with Legendary Local Prosecutor

HCCLA in the news criticizing ex-prosecutor Kelly Siegler’s conduct in the David Temple murder case (excerpts here):

Gist made his findings after a 10-week hearing that began in December, in which attorneys Stanley Schneider and Casie Gotro questioned prosecutors, investigators and defense attorneys about what happened throughout the murder trial. The two took over Temple’s appeal from DeGuerin.

“The evidence supports the findings,” Schneider said. “I feel relieved. The next step is getting David a new trial.”

Commenting on Siegler’s conduct outlined in the judicial findings, trial attorney dick DeGuerin is quoted:

“I think it’s bad, and I think she ought to be held accountable,” Dick DeGuerin said. “But I’m going to let someone else decide that.”

On behalf of HCCLA,

JoAnne Musick, president of the Harris County Criminal Lawyers Association, said Gist’s findings show “egregious” conduct.

The organization of defense attorneys is reviewing transcripts of the hearing to determine if a grievance should be filed.

“Whether it’s Morton or Graves or whoever, we see prosecutors who want to win, so they don’t want to disclose everything,” Musick said. “If they’re hiding things or playing games, that’s not upholding their duty to do justice. That’s trying to win.”

One of Temple’s attorneys who spent days questioning Siegler blasted the former prosecutor:

“Charles Sebesta was just disbarred for this same kind of conduct,” said Casie Gotro. “Dick DeGuerin stood on the courthouse steps and told the world Kelly Siegler had finally convicted an innocent man. These findings reveal exactly how she did it.”

This is certainly one story that will continue as Judge Gists’ findings are forwarded to the Court of Criminal Appeals for review.

The Houston Press is following this story as well, read more (excerpts here):

Prosecutors “intentionally, deliberately, or negligently failed to disclose” investigators’ reports and witness statements that pointed to other suspects, but Siegler continued the suppression even following the conviction, according to the findings.

Siegler testified in the habeas hearing that potential exculpatory evidence didn’t need to be disclosed if prosecutors “did not believe it was true,” according to the findings.

Gist also wrote that Siegler influenced post-trial maneuvers by telling police and officials within the DA’s Office not to disclose public records if they were requested. The findings also state that Siegler continued to pull strings even after leaving the DA’s Office in 2008, after 21 years, by getting an alleged witness who approached DeGuerin after the trial to change his story.

In that situation, Daniel Glasscock gave DeGuerin a sworn statement that he overheard another man implicate himself in the murder. Glasscock passed a polygraph administered by the DA’s Office and also gave the same story to a DA’s investigator.

But Siegler “asked” a Harris County Sheriff’s deputy — who was involved with the trial investigation — to contact Glassock and another witness “before they could be contacted by the Special Prosecutor [in the habeas investigation] or current members of the District Attorney’s Office. The Deputy did so and afterwards, their stories were significantly different than the original version,” according to the finding.

“In substance, Glasscock repudiated the most important details to the extent that his future credibility as a witness is significantly impaired,” Gist wrote.

Houston attorney Paul Looney, who worked on Temple’s case before DeGuerin took over, told theHouston Press that Siegler’s ultimate goal was to use the case as leverage to get her own TV reality series — an idea she had unsuccessfully pitched once before.

Siegler then asked to take over the Temple case, which had been languishing for years because the original grand jury chose not to indict.

“This was her opportunity to enhance her resume to the point where she would get her TV show,” Looney said. “It worked, she got the show (“Cold Justice” on TNT). But boy, at what a price. At the price of David Temple’s life, at the price of an entire family’s reputation, and at the price of her own integrity.”

As for Siegler’s impression of exculpatory evidence, Looney said, “If Kelly’s bizarre interpretation of that rule were ever to be the law, then all a prosecutor would ever have to do to keep any witness statement away from the defense is say, ‘Well, I didn’t believe it, so I didn’t give it to the defense.’ That’s never been the law, it would totally eliminate law, but she just boldly stated it — and the only thing I can figure is she’s trying to find some arguable basis to try to defend her law license from the ultimate scrutiny of the State Bar of Texas, which undoubtedly is going to happen over this case.”

But Looney alleged that Siegler not only violated professional ethical standards, but that she committed a felony by obstructing justice.

“If Kelly Siegler’s a lawyer in five years, I’ll be shocked,” Looney said. “And if she’s not a felon in five years, it’ll be because [District Attorney] Devon Anderson decided to protect her own friend.”

Pulitzer Prize winning journalist Lisa Falkenberg hits the nail on the head with her column: Judge is Right: Prosecutor Didn’t Live Up to Her Duty

The prosecutor’s duty is to seek justice, not win at all costs. Her “ego” wouldn’t let her lose this cold case. Cited twice now, once by the appellate court and now by the habeas judge, Kelly’s conduct is egregious and intentional as she hid evidence, failed to disclose evidence, and lied to the court about the evidence.

Filed Under: honor, justice, Members, politics, prosecutors, Public Trust Tagged With: casie gotro, criminal defense, dick deguerin, ethical violations, harris county, hccla, Improper Conduct, joanne musick, justice, kelly siegler, prosecutors, stanley schneider

Prosecutorial Discipline

June 12, 2015 Leave a Comment

Is the bar finally getting more serious with prosecutorial misconduct? Just as we sent our letter to Hon. Devon Anderson (Harris County District Attorney) regarding potential prosecutorial overreaching, media accounts of Charles Sebesta’s disbarment blew up.

Texas Monthly reports that Sebesta was found to have violated no less than 5 tenants of the Texas Disciplinary Rules of Professional Conduct, including:

  • 3.03(a)(l ): “A lawyer shall not knowingly make a false statement of material fact or law to a tribunal.”
  • 3.03(a)(5): “A lawyer shall not knowingly offer or use evidence that the lawyer knows to be false.”
  • 3.09(d): “A prosecutor in a criminal case shall make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense…”
  • 8.04(a)(l): “A lawyer shall not violate these rules, knowingly assist or induce another to do so, or do so through the acts of another…”
  • 8.04(a)(3): “A lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

Charles Sebesta, the District Attorney who prosecuted Anthony Graves, was found to have withheld exculpatory evidence and to have presented false testimony in his effort to convict Anthony and send him to death row. Anthony Graves was ultimately exonerated after spending 18 years on death row, most of which was in solitary confinement.

Coincidentally, HCCLA sent a letter today to Devon Anderson asking her to investigate whether Assistant District Attorney Dan Rizzo committed criminal offenses or disciplinary violations in his role to prosecute Alfred Brown – where it was discovered that favorable evidence was not disclosed and Brown’s alibi witness was badgered by the grand jury until she changed her testimony and withdrew the alibi.

It is time for prosecutors to be held accountable for intentional violations of the law and disciplinary rules. It’s a new age. Change is here.

Download the opinion on lawyer discipline for Charles Sebesta here

Download (PDF, 184KB)

Filed Under: justice, prosecutors, Public Trust Tagged With: Anthony Graves, Charles Sebesta, Dan Rizzo, devon anderson, disbarment, discipline, prosecutorial misconduct, prosecutors

Police: The New Gang in Town

June 9, 2015 Leave a Comment

A recent Texas Monthly article, Police Violence — The More Things Stay the Same, parallels the 1977 Texas Monthly cover and its companion article to today’s police brutality, both in Texas and beyond.

Neww gang thumb

The 1977 cover and article depicted Houston Police as a biker gang, the new gang. On the heels of the Joe Campos Torres, Jr. murder, then Houston Mayor Fred Hofheinz, obviously anguished, said: “There is something loose in this city that is an illness.” His sentiments were echoed by famed criminal defense attorney Percy Foreman who called Houston a “police state.” Percy continued, “The Houston Police Department is worse, and its officers more violent and unchecked, than any comparable police force in the country.”

A little history as an aside: Torres, a 23-year old Vietnam Veteran, was arrested in May 1977 for disorderly conduct at an east-side Houston bar. The six responding officers took Torres to a place called “the hole” near Buffalo Bayou and severely beat him. When the officers presented Torres to the jail for booking, jail personnel ordered Torres taken to the hospital. Instead, the officers returned to the bayou and tossed Torres into the water with his hands still cuffed. Days later, Torres’ body was discovered in the water.

The two officers who were tried in state court on murder charges were convicted of negligent homicide and given one-year probation and a $1 fine. Later officers were tried in federal court and were convicted and served 9 months in prison.

The outrage over the officers’ action and their punishments led to riots and protests.

These 1970’s accounts of police violence parallel today’s accounts: a policeman in McKinney, Texas drawing his service weapon on a group of African-American teenagers in swimsuits; a Harris County prosecutor using a grand jury to browbeat an alibi witness; the officer shooting of Michael Brown in Ferguson, Missouri; and the police shooting of mentally ill Kajieme Powell in St. Louis.

Of particular interest to us in Harris County, Percy Foreman blamed the 1970’s police violence on Harris County prosecutors who have “’white-washed every charge against policemen,’ thus encouraging even more police violence by letting police know that they are free from the sanctions of the law.” It’s telling that Percy’s take on violence then is echoed by Harris County defenders still today and the remarkable rate at which Harris County grand juries wash charges against policemen.

Anyway, the article is worth the read as it goes on to analyze the military-styled police state and their training, particularly that since 9/11 police have been trained to OCCUPY rather than PROTECT.

Filed Under: honor, justice, military, police Tagged With: alfred dwayne brown, dockery, grand jury, harris county, Improper Conduct, joe campos torres, percy foreman, police brutality, police violence, prosecutors, white-wash

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