Well, well. I guess that the Harris County District Attorney finally had enough of the juvenile DWI bar lobbing criticism her way. Oh, and not only her way, but towards all of our Assistant District Attorneys. You know, the men and women that keep predators off the streets so that we can go about our daily lives? Which makes me wonder, why are all of the ADA candidates seeking judicial nominations silent on this issue? Guess I'll take that up another day – count on that, as well as looking at the campaign contributions of the players involved in this witch hunt, some of which are very, very interesting.. For now, here is DA Lykos' official response to the wanna be bullies:
To the citizens of Harris County,
As many of you know, there have been several news stories regarding the Houston Police Department’s Breath Alcohol Testing (BAT) vans, the evidence they provide, the technicians who perform the work and the Harris County District Attorney’s Office (HCDAO).
A technician, who is a former employee of the HPD crime lab and supervised the BAT van testing, testified on July 27 and 28 that she believed it is possible that the breath tests conducted by the HPD BAT vans could be problematic.
August 4, representatives of the HCDAO notified the Scientific Director at the Texas Department of Public Safety—the authority that develops rules and regulations and provides training and laboratory support to local, state and federal authorities for breath alcohol testing throughout the state—of her claims.
August 11, in a meeting between HCDAO and the technician she stated that she could not verify the accuracy of results of an intoxilyzer instrument that had previously experienced overheating in a HPD BAT van. She said that she could not testify to the accuracy of such intoxilyzer results because this issue had never before been scientifically tested.
August 12, the HCDAO issued a Brady Notice to attorneys to inform them of the potentially exculpatory, or mitigating, evidence raised by the technician and to not allow any HPD BAT van cases to be resolved unless the defendant is made aware of the technician’s comments (click link below for first Brady notice).
Additionally on August 12, the Harris County District Attorney’s Office requested that the Texas Department of Public Safety’s Breath Alcohol Laboratory conduct scientific tests on the HPD BAT van and the intoxilyzer instruments.
August 23, representatives from the Harris County District Attorney’s Office met again with the technician. At this interview the technician said she believed that all breath tests conducted by the HPD BAT vans dating from summer 2009 – present were suspect because she believed HPD BAT vans were an unsuitable testing location. August 24, the HCDAO distributed a second Brady notice to attorneys alerting them to the technician’s comments (click link below for second Brady notice).
The Texas Department of Public Safety conducted an Ambient Temperature Study on the HPD BAT van and intoxilyzer instruments that addressed the technician’s concerns. Scientists concluded that the HPD BAT van instruments correctly analyzed breath alcohol concentrations (click link below for report from DPS outlining results).
October 28, a DWI jury trial was held in a County Criminal Court where evidence was presented in open court about the reliability and accuracy of the HPD BAT vans. The defense presented their position on the reliability of the HPD BAT van instruments. After hearing all the evidence, the jury returned a verdict of guilty.
It is our duty to see that justice is done and to protect the lives, property and rights of our citizens. We respect the rule of law and strive to always do the right thing.
Last Updated: 11/8/2011 4:57:38 PM
attachments:
First Brady Notice.pdf
Second Brady Notice.pdf
DPS Report.pdf
Now, if you are like me, you probably need to know what a "Brady notice" is. I found this simple explanation:
Brady refers to the holding of the Brady case, and the numerous state and federal cases that interpret its requirement that the prosecution disclose material exculpatory evidence to the defense. Exculpatory evidence is “material” if “there is a reasonable probability that his conviction or sentence would have been different had these materials been disclosed.”[1] Brady evidence includes statements of witnesses or physical evidence that conflicts with the prosecution's witnesses[2], and evidence that could allow the defense to impeach the credibility of a prosecution witness.[3]
Yep, that is from Wikipedia and I'm certain that all of the sniveling little gossips that are attacking the Harris County District Attorney's Office are smirking at this point. Matters not to me, if you can tell me that it isn't accurate, I'm open. But you know it is, so shut up already.
The bottom line is that upon receiving information that was potentially damaging, the HCDAO immediately addressed the situation, including having the alleged problem machines tested by an outside party, and made certain that the alleged problems were made known to defendants and their attorneys. Even though there were no real problems with the machines. No cover-up, no attempt to hide potentially damaging information, no hypothetical needed to cover up a conspiracy, complete transparency.
As I said yesterday DA Lykos will be re-elected handily because it takes guts to take on an entrenched bureaucracy and the voters of Harris County will reward her for doing just that. As she said in her statement:
It is our duty to see that justice is done and to protect the lives, property and rights of our citizens. We respect the rule of law and strive to always do the right thing.
Looks like the Lykos timeline was a bit "misleading" and has since been removed from her website….hmm, smoke and mirrors starting to fade and crack perhaps
Just Sayin'
It hasn’t been removed, not sure what you are talking about. http://bit.ly/rtMf3O
I was referring to the removal of the timeline from the Lykos campaign website.
As to the veracity of the Lykos timeline, why not get a more complete perspective by checking out the "Politicized Timeline " post on Mark Bennett's blog, "Defending People".
Bloggers all have their agendas and yours is refreshing by what I believe is a sincere effort to seek the truth and let the apples fall where they may………….however, sometimes the truth and perception are hard to distinguish.
I am a Republican as well, but would rather have competency trump political affiliation at the end of the day. I also support Kelly Siegler but do not accept defeat before the battle. I hope she stands up for apolitical justice and files to challenge Lykos. Integrity is always worth fighting for regardless of the odds.
Are you saying that this statement was on http://www.patlykos.com as well as on the official DA website and was removed? I'll ask her campaign manager if that is true and if so, why.
Let's say that your statement is true: what are you saying the relevance is if it is still posted on the site that I linked to in the first place?
Mark's timeline is just as "political" as DA Lykos' is. This 'fight' isn't so much about Lykos (to some) as it is about discrediting the HPD and the HCDAO.
After reviewing Brent Mayr's timeline of what he was doing at the DA's office before he left and how he immediately attacked the BAT vans in one of his first DWI cases….one has to wonder what he knew. And remember that he was the one pushing for them to be purchased by the City of Houston prior to the election in 2008, long before Pat Lykos was elected.
What I am saying is that corruption is just that no matter whose side the players are on and that the facts, not the spin, ought to be determinative. Blaming the messengers for the message is not a cliche for Lykosian politicians it is who they are. I agree that Judge Susan Brown should have considered the perception as well as the facts when she appointed Special Prosecutors that gave the appearance of impropriety. That was poor judgment to say the least. It does not, however, change the facts of the impropriety that formed the foundation for the Grand Jury's investigation. Past transgressions do not excuse the current bad behavior, regardless. Personally, I would have loved to have seen Rusty Hardin appointed Special Prosecutor and have the venue in a Federal court to quash the conspiratorialists; but it is what it is.
I agree with you that for far too many people see this as an opportunity to promote their agenda of discrediting law enforcement generally. However, blindly supporting actual corruption by law enfocement only strengthens their position. When a corrupt official in law enforcement is not held to the highest standards it discredits the other 99{997ab4c1e65fa660c64e6dfea23d436a73c89d6254ad3ae72f887cf583448986} of good people dedicated to upholding justice.
Ironically, Pat Lykos is Chuck Rosenthal in a skirt—above the law arrogance. Her HCDAO house cleaning coupled with her ineptitude in basic prosecutorial conduct, amounted to throwing the baby out with the bath water and has crippled and discredited law enforcement to a far greater degree than all the squawking by the titty baby defense attorneys and whining ADAs who can't walk the talk. Lykos does not give a damn about the HCDAO, HPD, HCSO or any other law enforcement entity except to the degree these entities can personally benefit her political ambitions. And that, sir, is what offends me.
On paper and at Republican Teas Lykos can paint a pretty picture of alleged accomplishments. Unfortunately far too many voters judge a candidate on that type of illusionary appearance rather than on factual content, the candidate's character or proven ability.
A truly objective investigation on Lykos' leadership would sadden your perception on what the state of affairs at the HCDAO really is.
Just Sayin'
Snapped, what are the charges? People are blinded by emotion saying that Hobbs, a 35 yr employee with an impeccable record would commit a crime,either on his own or at the direction of someone else. It is just crazy.
I have not seen Lykos' arrogance, as I thought I would. I've seen just the opposite, a person that is trying to clean up a mess and is getting trashed for doing a tough job. Give me specific examples of her arrogance that you have personally witnessed and perhaps I'll "open my eyes". Most of the whining I see is done by ex-ADA's not current ones. And this whole "baby" talk makes me cringe. It seems to me that Lykos gives more of a damn about each of those organizations and shows it by trying to make them better and more responsive to the public.
I agree about voters being swayed by illusory arguments but that is our system and nothing is going to change that. But some of the things Lykos has done are not illusory – they are very real improvements.
If you can provide objective, specific examples I'll be happy to change my perception. I did email her campaign staff about your charge re the website – I have not received an answer as yet but I'm sure that I will and when I do, I'll let you know what they say.
Dave
snapped,
I did get a response from the Lykos campaign. They stated that they have a section of their campaign website called "News". I checked it out and they do. They further stated that they mirror a lot of the articles that appear on the DA's website as news. I checked that out and there is a lot of overlap, although it isn't a mirror. They stated that they put the statement in question on their campaign website but pulled it down when they received criticism from the media about turning this issue into a political issue.
There you go. It doesn't look like a conspiracy to me but YMMV.
David,
How can snapped write so much without ever saying anything? Throws a lot of BS out there but doesn't address the Brent Mayr problem and Rosenthal corruption. I guess Mike Anderson can handle that on the campaign trail? Maybe we can found out why the runaway Grand Jury Foreperson was his wife's foreperson and neighbor, do they go to church together? You would think after Susan Brown had her hat handed to her that the corruption BS would end? This is going to be like shooting fish in a barrel, all at the expense of Blakemore clients, and super uber nambla expert, and memorial park picinic lane tourist Steve Hotze.
Ldvdsn,
I understand your points but I really don't want this to become another rumor forum. There are a couple of sites out there already doing that. If you have specific examples, fine, but these rumors and psuedo-conspiracies need to go elsewhere.
The thing about Anderson's connections with the foreperson is disturbing, which is why I brought it up earlier. How and why Judge Susan Brown let that happen is something that she will have to answer for at some point. To some extent, she already is, her reputation having taken a hit.
As for Blakemore, he isn't behind this. I know because I asked him last night, just as I asked the Lykos campaign about the memo being taken down from her campaign website. That isn't to say that at some point Anderson or Siegler won't hire him but at this point he doesn't have a client in this race. And yeah, I believe Blakemore when he tells me stuff. He's never lied to me and is very transparent in what he does, which I respect. Yes, he advises his clients to play hardball, that is one of the reasons for his success but it isn't the only reason. He also has a knack for pulling tactics from polling data that others don't. I wish that all of the consultants in town were as transparent. His clients do not have to follow his hardball advice – if they do, it is on them, not on Blakemore. Same with any other client/consultant relationship. If I were a consultant, I'd tell my clients the truth and the truth is that in Harris County you almost have to play hardball to win. Almost because it can be done cleanly but you have a better chance of winning if you find some dirt or create an illusion of dirt.
Bottom line is that I'm not sure who is behind this other than the people that have a direct gain and that would be DWI lawyers and criminal defense attorneys in general.
David,
I must say you are even handed and straight forward….a rarity in the political blogoshpere.
Thank you for the clarificatin on the BAT van posting. We'll see how the veracity of it turns out in the coming weeks.
To avoid the appearance of impropriety or partiality on my my part (and to counter the conspiratorialists who deflect scrutiny of Lykos by blaming those who challenge her performance) I respectfully suggest you check with the boots on the ground: the homicide officer who can't get intake to accept routine probable cause charges, the District Judge who cannot believe how poorly prepared the ADAs are, the vice cop who chooses to coordinate with other counties for the bust to occur outside of Harris County, the actual felony trial stats (cases tried/plead/dismissed/NG), heck even sit and watch a jury trial for yourself at the CJC. First hand knowledge of what is really going on carries more weight than my opinions or anyone else's.
Blakemore and Rosenthal covertly went after Siegler in 2008 for a myriad of reasons and Allen hunts with Anderson so there is no way he would ever be on the Siegler team.
Besides, Siegler is too naive to run successfully. She believes that qualifications and doing a good job ought to be more important than political posturing. Politicians hate her for that. You are correct again that to be successful you must play hardball in the gutter and if the personal dirt isn't bad enough you need to make it bad enough—-who really cares about being a really well qualified candidate for the people it's all about the party and the candidate don't you know
"But some of the things Lykos has done are not illusory – they are very real improvements.
If you can provide objective, specific examples I'll be happy to change my perception."
-Big Jolly
Well Iet's address the boldest claim made at the very top of her campaign website for my first objective specific example.
Claim: "HARRIS COUNTY DA FORMS SPECIAL TEAM TO SOLVE COLD CASES".
WOW if you didn't know any better that sounds very impressive.
Reality: The DA's office during John B. Holmes and Chuck Rosenthal had an elite division at the HCDAO called Special Crimes. This elite division's last Bureau Chief was Kelly Siegler– so give her a shout. They were extremely proficient in cold cases (ie. The State of Texas v. David Temple) and then do an objective outcome study analysis and you will also find that performance and ability has been replaced by a pretty cover for a book with no pages.
LOL, you don't ask for much do you snapped? Sheesh, this is a hobby! That would be a full time job.
I'll see if I can come up with anything but realistically, that is a lot of work you are asking for. I don't know if it meets my request for a specific example but maybe.
My first thought is a negaive though and I'll tell you why. Ever since that cold case unit was set up, the ex-ADA's have been criticizing it with your same argument. Thing is, in recent weeks, several cases that they have been able to track down have had to be dismissed because no one worked on them for years. So, if you are correct, and I don't know that you are but if you are, then Siegler didn't do a very good job. Yes, the Temple case was high profile but what about these other cases? Anyways, that is just a quick thought that popped up immediately.
I'll check into it bue don't hold your breath – I have a real job!
David,
That is precisely why politicians are so successful! Those that have the ability, such as yourself, simply don't have the time.
Perhaps I was vague in my cold case point. Siegler was a prosecutor who tried cases pretty well but she wasn't a cop per se. Lykos is simply having an investigator serve old warrants but is not actually trying the cold cases or even having ADAs successfully try cold cases to date—-not really rocket science. There is no point in arresting an individual on charges to simply have the case dismissed—that is unless it looks good to say "I'm gonna hunt the bad guys down—-you can't hide from Pat Lykos!" Seems a tad bit disingenuous but hey, to each their own.
SPECIFIC #2: Suggesting that DIVERT is simply deferred adjudication for a DWI (prohibited by the Texas Legislature) and that the cost and selective process allowing for unequal preferential treatment for defendants not only violates due process and usurps the Texas legislature it will, I'm sure, give you a chuckle as well. DIVERT is letting a lot more folks stay out of jail than the BAT van BS—–but jail overcrowding is a political hot button and a way to let certain folks get certain deals at the whim of the DA. More political points. WOW! Seems that not trying cases and easing the jail overcrowding issue is to be applauded at the new and improved DA's office. Now that's worth a big LMAO.
The DA's primary function ought to be to try cases not to write legislation or have investigators arrest people for HPD and HCSO.
But hell at least I'm good for a Sunday afternoon laugh.
Have a productive week.
BTW, bending the ear of a District Judge or 2 is just as time consuming as chatting with Allen Blakemore or Judge Pat's campaign machine.
Just Sayin'
"So, if you are correct, and I don't know that you are but if you are, then Siegler didn't do a very good job. Yes, the Temple case was high profile but what about these other cases?"
–Big Jolly
The conclusion above might not be as simple as stated.
Perhaps having an appreciation of what the caseload of cold cases was at the time Siegler became Bureau Chief of Special Crimes might shed light on the subject, specifically:
*whether or not any of the cases were trial ready and simply ignored
*were balls dropped, and if so by whom
*what did Siegler do or not do in order to get the cases trial ready
*in other words, were charges filed in an appropriate manner AFTER Siegler became Bureau Chief of Special Crimes
* OR should, as you seem to suggest, Siegler have simply executed all outstanding warrants regardless as to whether or not the DA's office could make the case?
It really is not about winning and arresting at all costs it is about JUSTICE at all costs. And whatever complaints people might have about Kelly Siegler, I submit that no one can say with a straight face that she did not give it her all as a prosecutor for real justice—and her all was unmatched at the HCDAO.
Siegler was very sad to resign as a HCADA but she never whined or made excuses—as an ADA or afterwards. She has too much class for that.
Good Morning David,
Channel 2 reported that several law enforcement agencies from around the region will be holding a press conference regarding their relationship with the Harris County District Attorney's Office.
Considering your hectic schedule, I thought this might be a great opportunity for you to efficiently meet with multiple local law enforcement officers to gain some first hand insight on what we discussed earlier.
We both appreciate that most press conferences are politically motivated. Notwithstanding, it is always good to hear both sides before arriving at a conclusion.
Pursuant to Channel 2:
"Sources say that press conference will target Harris County District Attorney Pat Lykos.
I've been told there are several law enforcement agencies who lack confidence in Lykos' leadership in Harris County.
This is coming at a very bad time as we approach 2012.
That's when voters will decide the future of the district attorney.
That press conference will be the week after Thanksgiving.
I will keep you updated!"
I hope you can find time to attend.
BTW, the Houston Chronicle editorial yesterday on Pat Lykos' performance was in 100{997ab4c1e65fa660c64e6dfea23d436a73c89d6254ad3ae72f887cf583448986} agreement with your impression of the job Pat Lykos is doing.
Thanks for the tip. I'll try to be there.
Yeah, that's scary stuff. 😉