From the moment she announced her candidacy for district attorney, I warned people that uber-left Kim Ogg is anti-police. Her opposition to the death penalty and her go-soft on marijuana law violators certainly did not make her pro-police. And when criminal defense attorneys think Ogg is the gratest thing since the invention of sliced bread, that’s a good reason to suspect she is anti-police.
In January 2017 a 21-year-old man opened fire on two sheriff’s deputies in the ER at North Cypress Medical Center, hitting the pants leg of one officer. Fortunately for the officers, the assailant was a piss-poor shot. Instead of making sure the shooter would be sent to prison for the attempted murder of two police officers, Ogg opted for deferred adjudication, a form of probation. Ogg justified the deferred adjudication because the man had mental health issues.
Anyone who attempts to kill a law enforcement officer, mental health issues notwithstanding, should be locked up for a lengthy term. In deferred adjudication, the defendant avoids a formal conviction and if he successfully completes the requirements of his probation, the case is dismissed.
In another case, two burglars stole appliances worth thousands of dollars from 60 houses under construction. They brought the ovens, microwaves, dishwashers, etc. to a third party who sold them on the internet at steep discounts. Ogg opted for probation on theft charges for the burglars, even though one had a previous theft conviction. Probation for 60 burglaries? As for the guy that was selling the stolen appliances, Ogg opted to dismiss charges against him claiming they could not prove he knew the appliances had been stolen.
What a crock of Shit. Any person of sound mind would know he was buying stolen property if two guys showed up at his home who did not appear to be in the appliance busies and offered him appliances at an extremely low price, I’ve handled a number of cases like this, and in each and every one of them the defendant was convicted of receiving stolen property, a felony. And I cannot recall that any one of them received probation.
The latest incident occurred a few days ago. After frequent criticism of Ogg, the Houston Police Officers Union and Ogg sat down to iron out their differences. Reports say the meeting was contentious and ended like it began – each side sniping at the other. Suddenly thereafter, 5,200 Houston officers found they were locked out of what’s called the Consolidated Criminal History Database. Ogg claimed there were some security problems with HPD’s handling of the database. Yeah, right. HPPU found out that only HPD was cut off from the data base.
The district attorney of neighboring Montgomery County has condemned Ogg over her position of handling persons caught with small amounts of pot or with traces of other drugs as if they were traffic violators.
Ogg was a shoo-in to get elected because her predecessor had jailed a young woman as a material witness. And her election chances sure were not hurt by a reported $500,000 donation from uber-left George Soros. You can bet every dime you’ve got that Soros would not give one cent to anyone who was considered pro-police.
Once in office, Ogg quickly earned the animosity of the police. The kindest thing that can be said is that the police have no respect for Kim Ogg, and as a former law enforcement officer, neither do I.
Pat Bryan says
I believe Mr. Katz is in error, and he reveals a lack of study of the law that makes his essay presumptuous and conclusory.
Howie Katz says
Mr. Bryan, am I in error when I say that any one who attempts to murder two cops should be locked up? This man was not in a condition where he did not know what he was doing. Surely you must know that our prisons are filled with inmates that have mental issues. I venture to say that at one time or another you could have had a mental issue. I’ll admit I have.
Am I in error about prosecuting a man who received his merchandise from Midnight Appliance Supply? There is no way this crook could have mistaken the two burglars for honest businessmen, and a prosecutor fresh out of law school could have convinced a jury that he knew he was buying stolen property.
Perhaps you are talking about my explanation of deferred adjudication. I just wanted to explain it in a nutshell, and I think I got it right.
I wish to remain anonymous says
Anyone who attempts to kill a another human being, mental health issues notwithstanding, should be locked up for a lengthy term.
Attempted murder is attempted murder no matter who they attempt to kill. IMHO Attempted murder is as good as murder, just because the lucky person happens to live doesnt make the crime any less a crime.
Joe C Mannina says
Right on Target Howie!
Jim Burgess says
People who are caught with smaller amounts of marijuana for personal use should not have any consequence whatsoever, not even a “ticket”.
Howie Katz says
That’s your opinion, Jim, but the law says different. Not only that, but federal law classifies marijuana as a Schedule 1 drug, meaning that pot is highly addictive and has no medical value.
Zoe Russell says
The law says that Kim Ogg can do what she’s doing on marijuana. http://www.legis.state.tx.us/tlodocs/80R/billtext/pdf/HB02391F.pdf#navpanes=0
Anonymous says
That says that LEO may issue a notice to appear before a magistrate. Ogg’s policy is to have them take a 4 hour cognitive thinking class for $150 and it won’t go on their record at all. Big difference, one is still a formal charge while the other is not even a scratch on their record
Zoe Russell says
Prosecutors have the discretion to dismiss cases.
Bill Daniels says
I was with you right up to the marijuana part. That’s simply a losing position to take. It’s no longer just the leftist ex hippies and communists who want it legal, it’s fiscal conservatives who are tired of paying for the war on drugs.
My prediction is, Trump will order it de-scheduled in time for the 2020 election, to steal thunder from the Dems. He is a populist, after all, and it’s what the majority of voters actually want.
Pot is very similar to gambling. While Texas clutches its pearls, other states have cashed in on the casino gravy train. And when you go to a Louisiana or Oklahoma casino, you see Texas license plates. That’s money that doesn’t stay in Texas to help the Texas economy, and that’s sales tax and property tax Texas doesn’t get.
But hey, we can all feel a little better about being us in bible study, right?
Full disclosure: I don’t use pot and wouldn’t even if it was legal. I do pay taxes, though.
Bill Daniels says
*Bible
BillMiller says
Federal laws against simple possession of marijuana are unconstitutional. Article 1, Section 8 enumerates 18 specific powers delegated to the federal government. Unlawful possession of a dried flower is not one of them.
Marijuana in interstate commerce could fall under federal purview, but there is no constitutional authority for the fedgov to criminalize growing pot for personal consumption, or buying weed that was grown within that same state.
In addition, anyone who thinks that pot is “highly addictive” has already demonstrated a degree of gross ignorance that his policy views regarding marijuana can be safely disregarded.
PeterD says
Mr. Miller, is that what the US Supreme Court has ruled in cases such as Gonzalez V Raich? I’m not saying I agree with all their decisions on various drug laws but time and again claims such as the one you’re making were shot down over the last 80 or so years.
Howie Katz says
Thank you, Mr. Miller, for your most enlightening comment. I should have consulted with you before composing this piece. My copy of the Constitution is obviously a fake. You failed to mention where you got your law degree. Was it at that prestigious Cannabis College of Law?
I wish to remain anonymous says
Right on Jim. The feds have stepped out of bounds and if you are to use Howies example then alcohol should be a Schedule 1 drug.
I have no use for weed but love freedom in its truest form, that is as long as you do no harm to another the gov has no say in what you do. There was a day not all that long ago when there had to be a victim for there to be a crime that is until the advent of the nanny state and a need for the prison industry which is not all that different from the military industrial complex.
Reader says
Right on target until you brought up weed. Why would one assume that arresting non-violent offenders is supporting police? How completely ludicrous.
If Republicans continue to advocate for criminal punishment for smoking a plant, they should expect to lose elections, stay on the sidelines and be limited to commenting from afar and the public will be worse off for it. How sad.
Andrew says
You are putting all marijuana users under the umbrella of non-violent offenders. Do some more research before you blanket that statement. Go ask some ER doctors how many people involved in crashes (some fatal) and other accidents such as self-inflicted gunshot wounds tested positive for marijuana. So maybe the plant makes you calm and chill but it still slows reaction time and brain function. No one said the drug was illegal because it makes people violent.
Fred Flickinger says
You were too kind to Devon Anderson by omitting the fact the “Material Witness” was a rape victim. Her office compounded the error by lying about it.
Unfortunately for Republicans, Devon was an awful candidate that not only lost her race, but was headwind for the entire ticket.
Howie Katz says
My bad, Fred, but despite her missteps, Anderson would have been a far better DA than uber-leftie Ogg.
By the way, Ch. 2 reported Ogg had another meeting with the police union yesterday and the data base is now available to Houston cops again.
Bill Daniels says
That was a Hobson’s Choice, and I have to say, I support Anderson’s decision. We used the force of government to re-victimize a rape victim. That’s the trade off for saving other women from being raped by convicting and imprisoning her rapist.
I wonder how the victim feels about all of this now, several years later. The man who raped her is safely tucked away in prison, so she doesn’t have to feel scared of him any more. Anderson saved her, when she was unwilling to save herself.