I’m always amazed at the way “professional media” goes after public figures, tearing them down and ruining their reputations as they chase a “story”. They trumpet their efforts with outrageous and misleading headlines and teasers, throwing caution to the wind in an effort to get more readers, listeners, or viewers. Or perhaps, like one beat writer in Houston, trashing politicians in the hopes of being on the “inside” if their guy wins.
And then when the truth comes out and their sensationalism is proven to be false, which is typically long after the public flogging, the silence is deafening. But silence or not, the truth matters. So I’ll tell you, even if the sharks in the media will not.
Recall that Chip B. Lewis made a big deal out of suing former Harris County DA Pat Lykos and Assistant DA Rachel Palmer for what he claimed was “unlawful retaliation”. This was on the heels various folks, including some in the media, using Judge Susan Brown’s Runaway 185th Grand Jury to help Mike Anderson defeat Lykos in the Republican primary.
Federal Judge Lynn Hughes dismissed this frivolous lawsuit with prejudice on August 30th.
What does “dismissed with prejudice” mean?
A dismissal with prejudice is dismissal of a case on merits after adjudication.The plaintiff is barred from bringing an action on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it.
A court has inherent power to dismiss an action with prejudice if it is vexatious, brought in bad faith, or when there has been a failure to prosecute it within a reasonable time.
But there were few mentions in the Houston media about this. The bloggers that helped the 185th Runaway Grand Jury didn’t blog about it. Just silence.
On 9/11, Judge Hughes issued his opinion on the dismissal. In his conclusion, he states:
If the Port of Houston bans cruise ships because of your protests, the longshoreman who has no work as a consequence cannot sue you. Similarly, you are not immune from natural consequences of your free speaking, especially if it affects people’s impression of your abilities, including reliability. Lykos and Palmer were obliged as public servants to recommend a supervisor for the alcohol testing. Neither had the power to interfere with Culbertson’s and Wong’s employment at Lone Star College.
This tortification of politics and related public administration fails.
I waited. And waited. Those that attacked Lykos and Palmer remained silent.
Let me repeat what I said the day of the Chip B. Lewis press conference:
But the key point is that ADA Palmer CLEARLY wants to get to the truth. Let me repeat what she says on the record:
Respectfully, it’s more important than that. Let me make clear for the record, I am not unhappy with this witness. It’s important that the State knows the truth about what’s going on in the Houston Police Department crime lab.
Virtually the entire universe of press surrounding the BAT Vans, DA Lykos, and ADA Palmer has accused them of trying to hide something or cover something up – in reality, as documented in the official trial transcripts. they were trying to get to the truth about them. If nothing else comes from this lawsuit, perhaps that point will make it through the noise.
Unfortunately, I don’t think that point has made it through the noise. As a political figure, Pat Lykos had to endure the humiliation of the false attacks – it comes with the territory. But the people that did this to ADA Palmer, who wasn’t a political figure, should have had to pay a price by going to jail. Yet even today, she is still being attacked by those that refuse to see the truth or the error of their ways. The so-called “stain” on her reputation should be considered an attribute – she stood up to a bullying judge and grand jury and said I’m not going to go along with your farce of an investigation. Sometimes standing for what is right will have lesser people calling you names and mocking you – it is a weak person’s way of dealing with the fact that they would not be strong enough to do what you did.
Congratulations to Judge Pat Lykos and ADA Rachel Palmer for their victory. It should never have gotten this far in the first place but you held firm and showed your true character. I pray that your futures are blessed and bright.
David
You are a true reporter! You shine in the light of truth and those whom fail to report the truth need to be punished. It is clear that the political lynching that Judge Lykos and ADA Palmer went through was calculated and planned. Where is TED O Berg? ” WHERE IS MURRAY NEWMAN”, he lead the parade! Their acts will need to be answered when they stand before their maker and hopefully the public. It is amazing and ashamed what some individuals will do to benefit their self’s.
David,
You claiming that Lykos and Palmer were exonerated is like claiming Nixon was “exonerated” after Gerald Ford pardoned him.
Plainsight, I’m right here. Did you need something? I mean, did you need something besides grammar lessons?
Murray,
Let me make certain I understand what you are saying. Lykos and Palmer were not exonerated? Really? Did you read the dismissal? You are much smarter than I, so help me out.
Comparing a civil suit dismissal to an exoneration is like comparing apples to oranges. Was OJ Simpson “exonerated” in his criminal trial? Yes. In the civil trial? Not so much. Morally? Not even close.
Why don’t you explain to me why you feel that a civil suit dismissal “exonerates” a prosecutor invoking her 5th Amendment right against self-incrimination when asked to explain what she did in the course of her duties as a public servant?
Murray,
I think that I’ve already explained that multiple times. Rachel Palmer did the right thing and stood up to a ridiculous grand jury impaneled by a politically motivated judge. I don’t know too many people that would have had the intestinal fortitude to do that.
One of the joys I’ve had in the past couple of years is getting to know Rachel Palmer. She is an absolutely delightful person and from speaking to various judges that she has appeared before in their courts, a very competent trial attorney. In fact, I recall that you said much the same.
I understand politics and “get” that you trash her for that reason. But on a basic human level, you are so, so wrong about her.
Dave
Dave, Murray did not have the benefit of reading the depositions in the case. I will send them to you to publish. Murray also missed his friend Chip Lewis fleeing a Federal Court room when Judge Hughes was scolding him.
It is unfortunate that they used these two plaintiffs as pawns for their ongoing misdeeds. Let’s see what they cough up in mediation on the settlement discussions. I always find it amusing when lawyers file frivolous lawsuits and don’t discuss with their clients the ramifications of the citizen’s participation act.
It can get real ugly when they do have assets, real estate that is not protected, and other such matters.
It becomes even uglier when Rachel starts suing people for malicious prosecution. Based on what I have seen so far Chip and Murray are not very good at this. I am kind of hoping they advise Jorge and Amanda to file for bankruptcy so I can grab their assets faster. Murray you may want to clue Chip into what an asset search is and run one for his clients, we did. If you don’t understand call Mike Stafford I am sure he can help you.
After reading these comments, I’ve came to the conclusion that this Newman person is a troublemaker. Why does anyone acknowledge with this fool?