Cornelius Dupree Freed as Innocent Man after 30 Years in Texas Jail: The Unreliability of Eyewitness Testimony

This week, a fifty-one (51) year old man walked out of a Texas courtroom a free man, after serving over 30 years behind bars for a crime he did not commit. Cornelius Dupree was officially exonerated on Tuesday by Dallas County Judge Don Adams with the simple sentence from the bench, "you're free to go."

What Got Dupree Behind Bars

Mr. Dupree was arrested in 1979 on rape and abduction charges for a sexual assault involving two men that happened on IH30 near Dolphin Road, where a man and woman were forcibly taken from a liquor store and the woman later raped. Dupree and his pal, Anthony Massingill, 49, were going to a party when the cops stopped them because the police thought these two guys matched the description given in another rape case.

Both victims would later give eyewitness testimony that Dupree and his friend were the perpetrators of the crime. And yes, Mr. Dupree is African American.

What Got Dupree Released

DNA cleared Mr. Dupree. Through the efforts of the Innocence Project and with the support of local D.A. Craig Watkins, DNA testing was done on old evidence in the case, which resulted in scientific proof that Dupree was not guilty.

According to the Innocence Project, Mr. Dupree is third in line for the dubious record of having spent time behind bars before being exonerated: only 2 men in the United States spent more time in jail than he did before being proven innocent via DNA testing. In Texas, Dupree is the 41st individual to be freed based on DNA evidence since 2001.

Lesson Learned, Again: Eyewitness Testimony Isn't Reliable

Once again, we have another example of how eyewitness testimony should not be considered as quality evidence in any case -- but particular the key evidence used to put an individual behind bars.

Photo lineups and the like are not good tools toward finding the truth, regardless of how they appear on Law And Order (pick your version). People just don't remember things accurately. Emotions get in the way. Victims want to catch the perpetrator and are understandably influenced to a rush to judgment. Police officers, however innocently, can suggest who to pick in a lineup and many victims are scewed to pleasing the police, however unconcious that predisposition may be.

When are we going to learn in this country that eyewitness testimony isn't trustworthy?

One last thing: As for Mr. Dupree's friend that day back in 1979, Mr. Massingill has already been cleared in the present case via DNA testing; however, he is not free today. Massingill is still incarcerated, and serving a life sentence, based on another crime.  Let's hope that this conviction was based on more than finger-pointing.

Sheriff Arvin West: the Man Who Busted Willie Nelson for Pot over Thanksgiving Weekend

Hudspeth County, Texas, is located on the Texas - Mexico border, and for several years now, Arvin West has been the local sheriff there.  Lots of folk are getting to know Texas Sheriff West this week - maybe you already recognize his name. 

After all, it was Sheriff Arvin West who was responsible for pulling over Willie Nelson's tour bus at a border partrol checkpoint on the day after Thanksgiving.  Instead of getting an autograph, though, law enforcement ended up arresting the 77-year-old country singer for possession of six (6) ounces of marijuana. 

Nelson was booked - the mugshot is a popular online item this week.  Willie was then released on $2500 bond and not long thereafter was back on the road again, going home to Austin.  If convicted, Willie Nelson faces a possible two years incarceration in a state facility. 

Who is Sheriff West anyway?

Sheriff Arvin West has testified before Congress about the growing problem of drug distribution by drug cartels in his jurisdiction - you can read his testimony online from a February 2006 presentation he gave to the Committee of the House of Representatives.  It's got a title:  "Armed and Dangerous: Confronting the Problem of Border Incursions."  

Sheriff Arvin West also regularly appears on the national news shows.  You can read the transcript of his April 2010 interview by Greta Von Susteren at FoxNews telling Greta that the Texas-Mexico border is "wide open" and that he's been telling farmers and ranchers in his jurisdiction to arm themselves against the dangers of drug runners, since his Sheriff's Department only has 17 deputies to cover 5000 miles.  Sheriff Arvin West has also appeared on Nightline in July 2010 (click the link to watch the video), calling the area as being under "siege" and that his fight against Mexican drug lords as "war."

Already, the Texas Tribune (among other news sources) are looking into Sheriff West and his own "Texas legend" status (quoting Glenn Beck).  According to their investigations, Sheriff West may have his own agenda for busting Willie Nelson -- it brings more media coverage, it boosts what some argue is Sheriff West's goals of maximizing state and federal funding for his department. 

So, there is a growing distrust of Sheriff West and his motives for busting Willie Nelson on the day after Thanksgiving. 

Willie Nelson Starts the "Teapot Party"

However, Willie Nelson may have an agenda of his own.  Shortly after his arrest, he started the "Teapot Party," which favors legalization of marijuana with the arguments that it cuts back on the criminal operations, and gives a new tax base to fund governments in sore need of revenue. 

If you didn't know this was a real news story, you might think you were reading an Elmore Leonard novel -- where the Texas Sheriff wearing the big white cowboy hat and the Country Music Legend wearing the bandanna were secretly friends who had cooked up this media plot.  But that would just be fiction, right? 

Ex-Judge Samuel Kent Wants Out of Jail: It's Been a Cruel and Abusive Experience. Surprise.

We've posted about Samuel Kent before -- following his path from a setting federal district judge in Galveston, Texas indicted for sex crimes, through his incarceration after he entered into a plea agreement (he was also the subject of impeachment, but that's a rabbit trail at this point). 

He's always been rather creative and surprising in his legal strategies -- remember when he resigned one year in advance, in a fight to keep his pension?  -- and this week's filing is no different. 

Former Federal Judge Kent Finds Life Behind Bars "Cruel" so He Files Motion for Release

This week, Samuel Kent has filed a former request that his sentence be vacated and corrected. Why? Kent argues that the Bureau of Prisons has allegedly ignored the "intended sentence," entered in May 2009 by (1) denying him admission into the substance abuse program (for the reason that Kent had been sober for a full year before he was arrested); and (2) classifying Kent as a "sex offender" because the prosecution dismissed the sex allegation charges against him. Among other things.

While an inmate in a Florida facility, former judge Samuel Kent provides such facts to support his request as (1) he has suffered from listening to another inmate as the inmate was being raped; and (2) he was forced by a Florida prison official (a "sargeant") to do calisthenics in the nude. 

There's lots more.  Suffice to say, ex-Judge Kent's filing has a lot more juice to it than anything Lindsay Lohen has filed in the past six months. 

Read the details for yourself in the Memorandum filed in concurrance with the Motion yesterday.

DPS Trooper Shoots Driver After Pulling Him Over For Speeding

Yesterday morning -- very early, about 1 AM -- on Interstate 45 in Montgomery County, not too far from Willis, Texas, a DPS Trooper was setting in his squad car, monitoring the radar as traffic rolled past him.  Weather reports show that while the area had seen lots of rain in the aftermath of Hurricane Alex, it wasn't raining at the time. 

Zip, zip:  a car sped by.  Radar clocked it at 100 mph. 

The Department of Public Safety officer drove off in pursuit, and soon enough the race ended.  The speedster stopped his car on I 45, just north of the Interstate 45 and Longstreet intersection. 

No crash.  No weaving through rush hour traffic.  Guy was driving fast at night on a lonely stretch of road, got caught by radar, and DPS was about to give him a big, fat ticket.  

But then, something happened -- and we're still not sure what that was except that the Montgomery County media has been informed that a "physical altercation" happened there on the roadside between the Trooper and the driver.  MyFox Houston is reporting that the guy tried to "resist arrest."  No source given.   The Houston Chronicle is reporting that the man exited his vehicle after being pulled over, and somehow the Trooper "feared for his safety" and shot the guy.  No source given.

What we are sure about:  the driver was shot.  By the DPS Trooper. 

And it was a serious gunshot wound:  first, the wounded driver was taken by emergency medical crew to Hermann Hospital in the Woodlands.  Later, he was LifeFlighted to Hermann Medical Center in Houston, and at last report, he's remains in critical condition.

Critical, as in this guy almost died and he's not out of the woods yet. 

It's reported that several agencies are investigating this incident.  The Texas Rangers are involved.  So is the Montgomery County Sheriff's Department, and the Montgomery County District Attorney.

No reports that the driver was armed in any way.  No weapon -- and it's pretty safe to bet that if this guy had a gun, or a knife, or some wild Martial Arts gizmo, that the DPS representatives would be hot to give the press that info at the get-go. 

So, looks like the guy was not armed. 

No dashcam video has been released, which might help to explain things -- and one has to wonder what story that camera may tell.  Remember the beatings caught on video when the Beaumont cops pulled over the two men over in a routine traffic stop?  It took two years before that video was released to the public (watch it here).

Why Did the Trooper Choose the Hand Gun Over a Stun Gun?

What about those Tasers?  We've reported cops tasering drunks, grandmas, the mentally ill, a pastor, and even their spouses -- if the Trooper "feared for his safety" wasn't this the perfect opportunity to use a stun gun?  The phrase "excessive force" comes to mind ....

We've already written about Montgomery County's problem with tasers -- the Sheriff's Department was involved in the Taser death of suspect Robert Lee Welch, 50 years old, and it was ruled a homicide by Taser last February. Does this mean that the Trooper was so wary of using a Taser that he pulled his GUN instead?

What's to learn here? 

Cops are humans with weapons that can kill you, strapped to their sides.  When they pull you over, you need to be careful.  They can shoot you.  We know, because they do. 

Dallas Police Officer Indicted by Grand Jury for Oppression and Tampering with Police Report

Dallas police officer Daniel Babb was indicted yesterday by the Grand Jury, so he's officially facing criminal charges now.

Officer Babb expected this already -- he had turned himself in to authorities on May 24th. Today, Daniel Babb's already out on bail ($2500) and off the streets under administrative leave.

The Dallas Grand Jury charges Officer Babb with two things: official oppression and tampering with a government document.

How did the Dallas cop become a criminal defendant? This all started around two years ago, when a 14 year old was hurt as a man named Jorge Torres, 21, allegedly held the boy while another man hit him. After the dust settled, the boy tells the story that this was all "horseplay" that he himself began - but at the time of the incident, law enforcement had a different perception.

The cops were thinking a crime had occured: injury to a child.

According to the reports, Dallas police were called to a domestic disturbance. Once there, Officer Babb - on the job around two years at the time this is going down - told Jorge Torres he could stand up from the curb where he was sitting during questioning, because ants were crawling on Torres' hands.

Texas ants. We all know what they can do. So far, so good for Officer Babb.

What happens next, according the reports, is where things go haywire. In his police report, Officer Babb states that he "felt threatened" by Torres after Torres stood, so Babb "used a balance displacement technique." This "technique" made Torres fall backwards over the curb and onto the ground. No news on where the ants were.

Torres Suffered Minor Injuries From Officer Babb's Actions

The police reports confirm that Torres got some medical attention at the scene, so we know he suffer some kind of minor injury here. However, other cops at the scene also reported that Officer Babb lost his temper at Torres, and shoved him to the ground without just cause.

The public integrity unit investigated, and found that Officer Daniel Babb had used excessive force. They also ruled that he had fudged his police report about what had happened.

So, Officer Babb's three year career as a Dallas Police Officer is in question right now. Of course, he's still on the force (though he's not on the streets) and he's still got a defense to present.

What Happened to Torres?

Jorge Torres got three days in jail because he refused to give the police his name when all this went down. The injury to a child charges? Dropped. The 14-year-old boy told the police that he started the whole thing, he wasn't a victim here.

One lesson learned? When reading Dallas Police Department records, note that the definition of "balance displacement technique" is "shove."

Cops Admit that Dallas Crime Records Are Not Accurate

We need to be thankful that we have a great local newspaper here in Dallas, because they may be the only ones that are caring enough to give us the real skinny about crime in our community.

The Dallas Morning News has been waving the red flag for awhile now, telling anyone who would listen that the Dallas Police Department was NOT keeping track of crimes committed in our area according to FBI guidelines. And now, Dallas Police Chief David Kunkle has confirmed this, quoted in the paper as saying that he doesn't believe that the FBI guidelines should be followed "...like they were in the Bible."

What About Uniform Crime Statistics Across the Country?

There's a reason for the FBI guidelines. If everyone follows them, then there's a basis for organizing all the different records from all over the nation so comparisons can be made.

It looks like Dallas is monkeying with how it reports crimes so that the Dallas Police Department doesn't look like its dealing with as many serious crimes as it might be. The Dallas Morning News already reported on how auto burglaries weren't being included, so that the cop statistics looked better, and how Dallas PD tallies some assaults as lesser offenses -- which keeps Dallas' violent crime rate skewed lower than the truth in national studies.

Dallas Cops v FBI?

The Federal Bureau of Investigation isn't above taking on an entire city's police department. They're doing that right now, down in San Antonio. With all this number-crunching manipulation, will Dallas be next? You gotta wonder.

Cop Watch: What's With All the Gunfights Down in Pleasant Grove?

Pleasant Grove is a small community located in southeast Dallas -- lotsa folk here just call it "the Grove." And that may be a really accurate moniker these days because it appears that some very UNpleasant things are happening there.

The Backstory: a Gunbattle Last Month ....

Just last month, the Dallas Morning News had a report on December 12, 2009, of a "gunbattle" involving a young man named Jae-Ron Andrews. According to media accounts, shortly after lunchtime on a Friday afternoon, Jae-Ron was meeting up with a drug dealer to buy some illegal substances (presumably in preparation for a fun weekend). Things turned sour, and 23 year old Jae-Ron pulled a pistol on the dealer. The dealer pulled his own weapon, and the two began exchanging gunfire. Jae-Ron was killed in the skirmish.

... Next, Fifteen Cops Vs. An Injured Nineteen Year Old

Then, right before the New Year, DMN reports on another gunbattle in the Grove -- less than three weeks after the first one. And this one is scary because it involves thirteen (13) Dallas cops and two (2) more police officers from Mesquite drawing guns and giving fire in an altercation with a single individual, a teenager from Dallas who was killed during this onslaught.

Nineteen (19) year old Dontell Mitch Terrell died on the night of December 29th at the Dallas County Medical Center of multiple gunshot wounds. His sixteen (16) year old cohort, also shot, did not sustain life-threatening injuries -- he was shot in a separate incident, by a Mesquite officer.

Dontell was shot when the 15 law enforcement officers "opened fire" (quoting DMN) on the teenager after he allegedly failed to drop his weapon. Reports aren't revealing how many times Dontell was hit, but the Dallas Morning News has seen fit to list the names of every single law enforcement officer that pulled his gun on Dontell Terrell.

Dontell was a troubled kid

Allegedly, Dontell and two pals had been robbing the local Papa John's pizza joint and the police caught up with the three on the road, after they'd left the scene driving a white Chevy. A high speed chase began, ending with Dontell jumping from the car and running -- getting hit in the process by a Mesquite police car. Injured, he ran into a nearby home where there was a standoff with police while he threatened suicide and told his mother over the phone that he wanted to die rather than return to jail.

Here's the question: did Dontell have to be shot down? by 15 different shooters?

Assuming that Dontell was suicidal and refusing to put down his weapon as a way to commit "suicide by cop," did that mean that 15 cops needed to fire upon the teenager? The listing of each cop involved in the shooting, together with their years of experience in law enforcment, suggests that this blog may not be the only place where the question arises: couldn't an injured 19 year old have been protected from his own suicidal wishes? Or is the Grove its own little version of the Wild West today?

JUDGE WATCH: Former Dallas Judge and TYC Ombudsman Faces Felony Indictment

In the 1990s, Catherine Evans sat as a state district judge here in Dallas County. Maybe you remember her from her days on the bench.

Maybe you know her as the chosen "ombudsman" for the Texas Youth Commission (TYC) -- a couple of months ago, Gov. Perry named Cathy Evans as the person responsible for insuring that minors confined in the state's juvenile facilities were kept safe. (In between these two stints, Evans served as a commissioner of the Texas Juvenile Probation and on both the Dallas County Juvenile Advisory Board and the TYC Advisory Board.)

And that's where the story starts to get strange. Really, really strange.

Keeping kids safe who are under the lock and key of the Texas Juvenile Justice system is important, and it's scary to think how often these children are NOT safe while in the state's care.

Back in March 2007, there was a national scandal surrounding the Texas Youth Commission -- and the entire TYC Board was forced to resign as a growing number of criminal allegations were being made against Commission staff, and media reports were escalating about the improprieties within the juvenile correctional system. It was a Major. Big. Deal.

Part of the TYC Fix was the Appointment of an Ombudsman

The number of stories of the 2007 abuses in the care of minors in Texas lockups is simply too numerous to mention here. It was amazing in its horror, and the description that the system was in "shambles" was not an exaggeration.

So, when the Ombudsman position was created, it would seem like the Head of the Cavalry had been identified. In this job, Catherine Evans was to investigate complaints and problems within the juvenile lockups. You can almost see one of those "The Buck Stops Here" placards on her desk, right?

So, What's the Ombudsman Doing Allegedly Smuggling a Knife, a Cellphone, and Drugs into a TYC facility?

According to the felony indictment, Ombudsman Evans was found trying to smuggle a knife, a cellphone, and prescription drugs into the TYC unit in Crockett, Texas. Officially, she is charged with "possession of a prohibited item in a prison facility" and if convicted, she faces 2 to 10 years imprisonment.

Remember now: Cathy Evans was a state district judge for several years before being appointed to this job by Gov. Rick Perry. What the heck is going on here?

Evans has denied any wrongdoing. She agreed to resign and her replacement will be named "as soon as possible," according to the Governor's Office.

And, it's being reported that the knife was a Swiss Army Knife; the cellphone was hers; and the "white powdery" substance found in a vial in her purse that tested positive for amphetamines turned out to be dish washing detergent.

Sounds like she was just lax in checking out her bag before going into the facility, right? Except it's STILL a felony to bring this stuff in, she's not in a position to claim ignorance (if that was an excuse, which it's not), and she's still gonna face felony charges.

Texas judge. Felony. Wonder if the newspapers re-use the same headlines, and just change the name, to save time these days?

Crime News: Bernie Madoff Scandal Kills DNA Testing for Wrongfully Convicted

The biggest Ponzi scheme in history has reached Texas - and it's very bad news.

This week, while Bernie Madoff sits on house arrest in his plush NYC condo, the Innocence Project of Texas was forced to announce that while they can finish up their scheduled DNA testing for folk who have been wrongfully convicted, they don't have the cash to continue.

JEHT Foundation Closed Its Doors on December 15, 2008

Seems the Madoff scandal forced the JEHT Foundation to shut down, and this was the organization that paid for all these DNA tests.

An acronym for Justice Equality Human dignity and Tolerance, JEHT has been the work of New York philanthropist Jeanne Levy Church and her husband, Kenneth. JEHT focused upon criminal justice reform nationally, and just last year the Levy Churches gave $29.9 million via the Foundation for this Dallas DNA testing endeavor. Madoff's evildoings put an end to JEHT's cashflow, effective December 15th.

There is some good news here. According to the Dallas Morning News, JEHT gave $400,000 to the Innocence Project of Texas and the Project is legally free to keep that cash, and pay for DNA tests already on its calendar.

Just forget the $15,000,000 that JEHT was negotiating to invest in Dallas justice over the upcoming year ....

What Happens With the Innocence Project of Texas?

First, after what is reported as an initial "panic," their leadership has regrouped and after determining that they can keep the $400,000, they're going to try and spread that money over the DNA testing on schedule and hope that this will cover the years of questionable verdicts currently under scrutiny.

They're also talking about where else they can go for funds, and how they can organize fundraisers, etc.

Finally, their executive director reportedly told the Dallas Morning News, " I think it's going to turn out okay."

A Suggestion for Bernie - Instead of House Arrest, Put Him in James Woodard's Old Cell

Here's one suggestion that I'm sure lots would agree would be true Texas Justice -- let's move Bernie Madoff from his Manhattan condo, and put him into one of the Texas prison cells in which one of the wrongfully convicted had to reside while Madoff awaits trial.

Maybe Bernie could kick back in the prison cell of James Woodard, who was released at age 55 after serving 27 years for the wrongful conviction of raping and murdering his girlfriend. (Woodard's got the record right now for the longest amount of wrongful time served.)


Sources:

KDBC-TV
http://www.kdbc.com/Global/story.asp?S=9575212&nav=menu608_2_4

Associated Press
http://www.google.com/hostednews/ap/article/ALeqM5h-61vCWv2M4EBXW8BwYy6jbwm_7wD956ME0O0

New York Times
http://dealbook.blogs.nytimes.com/2008/12/15/madoff-scandal-forces-jeht-foundations-closure/

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-dnamoney_24met.ART0.State.Edition2.4a2f9ed.html

Bloomberg
http://www.bloomberg.com/apps/news?pid=20601087&sid=aPFOinHpCuPo&refer=home

Cop Watch: Austin Police Using DNA to Track Down Burglars in Property Crimes - But What About a Backlog?

It had to be. Just had to be.

Where else in Texas would they start to use DNA testing to track down burglars and other evildoers involved in property crimes, but tech-happy Austin - our fair state's capital city and home of the University of Texas (as well as Michael Dell and all his compadres)?

In Austin, they're using DNA in property crime investigations now ....

Yep, they're doing it. They're taking blood and saliva samples from crime scenes that involve absolutely no murders or rapes or any bodily injury, really, and they are using that stuff to grab DNA to compare with existing databases.

And it's working. So far, they've found 10 suspects out of the 50 crime scenes they've tested. Boo-yah!

Of course, they do mention a slight backlog over at the Crime Lab. Slight.

Yet in the Same Bat City, Same Bat Day, Same Bat Channel ... there's a DNA Backlog?

Seems there's a different lab that law enforcement is using for the burglars than the one over at the Department of Public Safety there in Austin. Two nationally known crime labs in the same town cuz the City of Austin decided awhile back to build its own swanky crime lab.

And, on the very same news day that one lab is touting its use of DNA in property cases, they're reporting over at DPS that they've got a big 'ole HUGE backlog of cases over there. Big. Big. Big.

In fact, DPS doesn't expect to be caught up with all its DNA testing until 2011. That'll be after their nice new lab gets finished and they all keep working really, really hard on getting their backlog all caught up.

You gotta wonder: Williamson County DA John Bradley tells the KEXE reporter that his office expects a six month to one year delay in a case when they ask for DNA testing from the DPS offices in Austin -- while defendants sit in jail with taxpayers paying $25 - $50 per day for their upkeep (Bradley's estimate). And these are the big felony cases: murders, rapes, you get the idea.

Meanwhile, since the City of Austin built its own lab, over at the City's Field Support Services Department, they've got time to test for DNA so they can track down some kid who broke into a car, or to bust a burglar who got away with a stereo and other household goods.

You just gotta wonder here ....

Sources:

KWTX-TV
http://www.kwtx.com/home/headlines/35281449.html

KEYE-TV
http://www.keyetv.com/content/news/topnews/story.aspx?content_id=b84a446b-da6a-4d99-996d-7696f6a1612a

Austin American Statesman
http://www.statesman.com/news/content/news/stories/local/11/30/1130propcrime.html

Crime News: Raymondville is One Happening Place To Be - Dick Cheney, Alberto Gonzales, and Pol Brennan of the IRA

Raymondville - who knew this small Texas town would be making such a name for itself these days? You'd think the berg had its own publicist ....

What's up?

Well, first -- that's the place for the ongoing Juan Angel Guerra story (see the post below for more on Operation Goliath). On Monday, there's gonna be a hearing down there on whether or not Judge Banales should be recused from the local criminal case, where felony indictments were filed against Vice President Dick Cheney and former U.S. Attorney Alberto Gonzales and others.

Hearing to Recuse Judge Banales in the Dick Cheney Felony Case

Seems the Texas Supreme Court has instructed San Antonio Judge Michael Peden to mosy on down to the Rio Grande Valley and preside over Monday's hearing. Should be a media frenzy, and great news for the little town's local economy. Try the carnitas, guys.

Notorious IRA Escapee Pol Brennan Awaits Extradiction Ruling in Willacy County Jail

And, it justs better ... there's also international happening down there in Raymondville as a hearing was going on for a good part of November, about whether or not to extradite Pol Brennan, a former member of the Irish Republican Army (IRA), who was convicted for his IRA activities and sentenced to jail in Belfast, Ireland.

Brennan was sentenced to 16 years imprisonment for possession of explosives, and he was part of the infamous escape from the maximum security Maze prison back in 1983 (along with around 30 other blokes).

Seems that after Brennan's escape, he lived on the run here in the US for many years (25, to be exact). He made San Francisco his home, built a career as a master carpenter, got married, even bought a gun under an assumed name.

But the jig was up back in January, when old Pol was pulled over in South Texas as he and his wife were driving to visit his mother-in-law down in South Padre Island. He didn't have good papers, and he ended up busted and sitting in the Willacy County Jail -- where he's still sitting today, awaiting the ruling on whether or not he's going to be booted back to Ireland.

And, you think the Dick Cheney case is big ... well, over the waters the Pol Brennan case is making all the papers. There are organizations raising money for his defense fund, papers in all parts of Europe are covering his story, and he's even got a web site (where he complains about the jailhouse food, among other things).

Raymondville.

Who would have thunk it?

Sources:

Brownsville Herald
http://www.brownsvilleherald.com/news/willacy_92126___article.html/county_dec.html

Associated Press
http://ap.google.com/article/ALeqM5jQCZ1qkFyZWoqP9ZvQpAbztkt_-wD94C93HO0

Irish Abroad
http://www.irishabroad.com/news/irish-voice/news/Articles/pol-brennan-deportation191108.aspx

Belfast Telegraph
http://www.belfasttelegraph.co.uk/news/local-national/exprisoner-tells-of-maze-escape-14063963.html

DA Watch: In Dallas, You Can't Fall in Love While Out on Bail

Clay Chabot -- doesn't that name sound like something from a daytime soap opera, or a Harlequin romance novel?

Wasn't Clay Chabot one of Erica Kane's husbands on All My Children back in the 1980s?

Um, no.

Clay Chabot is a real man though his story is reading somewhat like a melodrama. It seems that the Dallas County District Attorney's office is seeking to revoke Clay's bond and send him back to jail because they argue he's violated the terms of his release. The revocation hearing was yesterday.

What did Clay Chabot do that was so very bad?

He fell in love with one of his live-in chaparones while living under house arrest in his Cedar Hill home. Who's the lucky lady? She's his sister-in-law's daughter. And, of course, Clay has a MySpace page where the happy couple published photos of their wedding ceremony.

Oh fine, so there's a question of no marriage license even though she's going by "Mrs. Chabot" these days. And, yes, she's 37 and he's 49.

But it's love - the stuff that dreams are made of.

Love as the Basis for Bond Revocation

Meanwhile, the prosecution is ticked off about this marriage. They are moving for bond revocation because, they argue, a sexual relationship may violate the terms of his release.

First Assistant District Attorney Terri Moore actually argued at the hearing yesterday that she "didn't believe that the court intended for Mr. Chabot to be permitted a live-in girlfriend, wife, or spouse while out on bond." (Quoting the Dallas Morning News, who reported events from Tuesday's revocation hearing.) According to Moore, "[w]e give him an inch, and he takes a mile."

Chabot Already Victim of False Testimony That Resulted in Murder Conviction

Now, here's where the story goes from silly to serious. Clay Chabot was out on bond because the Texas Court of Criminal Appeals is hearing his motion for a new trial -- because it's been discovered that Chabot was convicted of murder based upon the lies of his brother-in-law. Seems DNA testing has revealed that the brother-in-law actually raped the murder victim.

The District Attorney is claiming that they are going to retry Chabot when his motion is granted, because they still think he's guilty of the crime. Now they're arguing that Chabot and his lying brother-in-law are both guilty of the murder.

Chabot Did Stop at a CellPhone Store on the Way to the Doctor

Perhaps the only real argument they've got here is that Clay did stop at a cellphone store on the way to the V.A. for medical treatment (he's allow to leave his house for doctor visits). However, it wasn't off the beaten path: it was a store on the route from Cedar Hill to the V.A. Hospital -- and please: he wasn't stopping off to gamble, buy booze, or get porno -- he stopped with his sister-in-law at a phone store.

For this, Chabot should go back behind bars after he was wrongfully convicted of murder? Maybe the DA knew this wouldn't be a big enough argument - so she added on this horrible event: Chabot married the woman he loves.

The audacity of it all.

Love Shouldn't Be Penalized

In prisons everyday, there are couples who wed without even the hope of building a life together. It's the story of legend how many penpal relationships have evolved in marriages behind bars. Heck, About.Com has an how-to article online, "How to Marry a Prisoner."

Surely if Texas Cadet Murderer Diane Zamora and Night Stalker Richard Ramirez can marry while in prison for life, then Clay Chabot can get hitched while on house arrest while his wrongful conviction is being ironed out.

Perhaps Clay's sister sums it up best: "He may have fallen in love, but he didn't do anything wrong."

Source:

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/localnews/crime/stories/111808dnmetchabot.1c592accf.html

Crime News: Jose Baez Has A Tough Job as Defense Attorney for Casey Anthony

If you read People magazine at all, or watch CNN's Nancy Grace any day of the week, then you're aware of the "tot mom" case: young mother Casey Anthony has been charged with killing her 3-year-old daughter, Caylee Anthony, sometime this summer.

No body has been recovered, and the Anthony family maintains that the little girl is alive and well, having been taken by evildoers.

Heavy Media Coverage Turns to Jose Baez's Relationship with His Client

Media coverage has been heavy in this case; I've already posted about fair trial and due process concerns given the heavy media play (see 09/15/08).

On the web, the Websleuths site has dedicated an entire forum with numerous, active threads specifically dealing with the Caylee Anthony disappearance. The Websleuth forums have heavy traffic 24/7.

During the past week, however, the piercing eye of the press has turned away from Casey, the formal investigation, and the manned searches for Caylee's remains to Casey's defense attorney, Jose Baez. Web chatter has followed close behind.

It seems that Jose Baez hugged his client during two separate jailhouse visits, and jail officials have asked him to refrain.

There were early reports that the Florida Bar Association was investigating Jose's activity for purposes of formal disciplinary action - but the FBA has nixed those reports as untrue.

There have been many unsavory suggestions that Jose and his client have entered into a personal relationship - again, without factual support.

The Unmitigated Gall of Hugging Your Client

A hug might have been a big deal during Victorian times, just like showing the female ankle, but in our present culture, nothing could be more innocent than a hug. Friends hug. Grandmas hug. Colleagues hug. You hug your pet, you hug your pillow, you hug your doctor when he gives you good news and you hug your pastor on Sunday after a particularly touching sermon.

Of course, jail officials will point to past precedent of contraband being passed to prisoners during apparently innocent hugs -- sometimes, yes, by attorneys -- and that this is a legitimate reason for their request to Mr. Baez.

Jose's Defending a Client Who Has Already Been Found Guilty or Crazy By Many People

Jose Baez has the job of representing a woman who, before she has reached the age of 25, faces formal charges of murdering her only child - and possible execution for this crime, if convicted - as well as charges of assorted felony thefts that carry enough jail time that she'll be lucky to get out of jail before she is eligible for an AARP card.

Public opinion has pronounced her guilty, she's been labeled a monster by the masses and armchair psychologists have been busy diagnosing Jose's client as a sociopath, a psychopath, or someone suffering from Antisocial Personality Disorder, Histronic Personality Disorder, or Borderline Personality Disorder.

Jose's Defending a Client Who Hasn't Told the Truth and Has No Support System

In addition to the public arena, Jose has the job of defending a client who hasn't told the truth to authorities regarding the circumstances surrounding her daughter's disappearance (that's all in the recorded interviews and transcripts) and who has lost apparently all her friends, who assumedly feel betrayed by her lies to them. It's one of her former close friends, for example, that pressed the felony theft charges.

Jose's client has not had a visit from family or friends since she was returned to jail, based upon the murder indictment. According to media reports, Jose Baez is Casey Anthony's only visitor.

A Criminal Defense Attorney's Relationship with His Client

It's not the job of a criminal defense attorney to judge his client's guilt or innocence: that's the job of the factfinder, be it judge or jury. Doing so -- making the call on whether or not your client did the deed -- can sometimes hamper your work, in fact.

It is the job of a criminal defense attorney to make sure that a client's rights are protected, and that the prosecution truly proves its case beyond a reasonable doubt.

Defending the accused is an honorable and vital role in our criminal defense system. If you or a loved one are accused of committing a crime, you will want your attorney to defend you, not to judge you.

The Relationship Between Attorney and Client

Representing someone who has had their freedom taken away from them is a heady matter. It's a tremendous responsiblity to defend someone sitting in jail, much less someone facing a death sentence.

You need not be your client's friend in order to feel compassion and empathy with their plight -- and if you hug your client, it doesn't mean you are sleeping with her.

Representing Casey Anthony would be a tough job for the most experienced of criminal defense attorneys, much less one with the years of experience that Jose Baez has. This media exposure places him in the most glaring of lights -- every decision he makes is second-guessed (and often ridiculed) by media talking heads. Still, many of Jose's motions to the court have been granted, and he seems to be holding up well under all the pressure.

Make no mistake -- not only is Casey Anthony's life on the line here, so is Jose Baez's professional reputation. And Jose knows it.

The Paradine Case

Of course, it makes a better story the other way around ... and if you're interested in the plot of a criminal defense attorney falling in love with his client, check out Gregory Peck in Alfred Hitchcock's The Paradine Case. (And, yes - of course the client was guilty of poisoning her husband in the movie, would it be a Hitchcock movie otherwise?)

DA Watch: Legislator Promises Action to Fight Against DA's Wrongful Convictions

Well, it's good to know that someone's paying attention to the Dallas Morning News scoop on known wrongful convictions of innocent men and women by the DA here in Dallas besides a blogger or two (see this blog's October 13, 2008 post)....

State Senator Rodney Ellis Has A Plan for Laws to Fix the Eyewitness Identification Problem

State Senator Rodney Ellis (who represents District 13, covering parts of Harris and Fort Bend counties) actually wrote a column in the Dallas Morning News last month, where he promised to:

1. introduce legislation in 2009 to reduce the likelihood of an innocent person being convicted in the future with laws requiring that eyewitness identification procedures be based in science and implemented by trained law enforcement personnel;

2. introduce legislation in 2009 to pass a law that will require videotaping of custodial interrogations, arguing that this will not only stop false confessions but also false claims of police brutality as well as disclosing any deals made with informants for their testimony; and

3. introduce legislation to create an Integrity Commission within the Texas Legislature, if the Texas Criminal Justice Integrity Unit created within the Texas Judiciary (i.e., formed by Justice Barbara Hervey of the Texas Court of Criminal Appeals) doesn't hit the ball out of the park in reform aimed at preventing the conviction of innocent people in this state.

What About Ellis' Proposals?

Rodney Ellis is known for advocating criminal justice reform, and he's been one of the first appointees to Justice Hervey's Integrity Unit. He's not new to the scene here, trying to grab a headline or two: this isn't Ellis's first rodeo.

And, writing a short column for the Dallas paper might not be the proper place for details on how Ellis intends to implement his ideas.

Nevertheless, an argument can be made that we already have trained law enforcement personnel that are supposed to use scientific techniques (proper lineups, not show-ups) and it's just not happening when zealots are anxious for a quick conviction.

Academics have shown that eyewitness testimony has historically resulted in more wrongful convictions than all other causes, combined (See source link, below). Good luck to Senator Ellis on finding the cure.

As for the videotaping of custodial interrogations? You don't have to watch many episodes of Law & Order to figure out that taping the formal interrogation isn't going to stop police brutality and false confessions. It's just going to move the bad stuff down the hall.


Sources:

"Rodney Ellis: Lowering odds that innocents end up in prison," Dallas Morning News, October 21, 2008
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/viewpoints/stories/DN-ellis_22edi.State.Edition1.26faf47.html

Eyewitness Identification Procedures: Recommendations for Lineups and Photospreads, Law & Human Behavior Vol. 22, No. 6 (1998)
http://www.psychology.iastate.edu/faculty/gwells/whitepaperpdf.pdf

For More Information:

DA Watch: Dallas County Prosecutors Routinely Convicted Innocent Men Using Eyewitness Testimony Known to Be Faulty
http://dallaslawyer.blogspot.com/2008/10/da-watch-dallas-county-prosecutors.html

Crime News: Brain Scan as Truth Test Sends Woman to Life Imprisonment

Sit down for this one.

This is scary, scary stuff - even for Hallowe'en ... because what has been reported is true, not just some science fiction story or horror movie or boring lab report.

"Experiential knowledge of the crime" - an Automatic Guilt Machine

Technology now exists where some lab worker in a white coat can attach wires to your head, and then decide whether or not you have "experiential knowledge" of a crime -- as in, you really remember doing it -- and if you do, voila -- you're guilty!

That's right. Let's ponder this again: there's a gizmo that is supposed to conclusively know if you're guilty of a crime or not by monitoring your brain waves with wires.

How's this supposed to work?

Well, the guy in the white coat takes an electroencephalogram, or EEG -- in other words, he places electrodes on your head that will measure electrical waves.

You set there, silent, with your eyes shut tight. Wires on your head.

Then, white-coat guy starts reading aloud the details of the crime (and you can bet, this is a script written by the prosecutor). As he reads, and you just set there, the EEG machine is recording all your brain images.

Using this new gizmo software. the brain is said to purportedly "light up" in certain areas that store memories, lighting up when past experiences are recognized.

Oh, and sure, the gizmo software is supposed to be able to clearly, easily, and conclusively be able to determine whether or not your brain is "lighting up" because you witnessed, or saw, something happen, as opposed to whether or not you committed the act yourself.

Right.

I cannot even begin to describe the horrific affront this is to the most basic human rights, much less those constitutional rights like due process .... Heck, we know lie detectors are not accurate. We still have some problems with fingerprint analysis. And, this testing of air in the Casey Anthony case is getting lots of skeptical responses.

But, some machine can not only report that you have a memory of an event, but that you committed a crime, based upon whether or not your brain "lights up" -- this would be hilarously stupid to consider, if it weren't being taken so very seriously.

Surely this isn't being taken seriously, you ask? Wrong.

Over in India, a young woman was accused of poisoning her fiance by putting arsenic in his McDonald's meal. It's apparently understood by everyone that in India "police interrogation" is synonimous with "torture," so when the woman had the choice between the "interrogation" or undergoing this new Gizmo Guilt Test, she chose the brain scan. Who wouldn't?

She claimed she was innocent. She probably hoped science would be her friend in ways that law enforcement would not.

No such luck. The woman purportedly "failed" the brain scan, was found guilty of murder based upon the brain scan, and sentenced to life imprisonment - because of this scary, scary brain scan.

Just think what an overzealous Dallas County prosecutor could do with this thing.

Check out this YouTube video that shows the CNN report on Aditi Sharma's murder conviction and life sentence, ordered by a judge (no jury), based upon a brain scan.

For more information:

International Herald Tribune
http://www.iht.com/articles/2008/09/15/asia/15brainscan.php?page=1

Neuroscience
http://io9.com/5050009/indian-court-accepts-brain-scans-as-evidence-of-murder

Crime News: Now Informers Can Narc Anonymously by Text Message

For criminal defense attorneys in Texas, it's getting closer and closer to Orwell's 1984 every day ....

Have you heard about this one? A Nacogdoches, Texas, company called Anderson Software issued a press release that victoriously announced its introduction of a new product, Tips via Text TM, which will allow anyone, anywhere to send an anonymous tip to an agency, like CrimeStoppers, and have the cops text them back, all without revealing their identity.

Informers Can Text In Their Tips Anonymously Using The New Tips via Text program

CrimeStopper programs are chomping at the bit to get this software for their communities (it assigns an encrypted alias to the tipster's call, so their real identities are not revealed).

Anderson promotes Tips via Text as a way for informers to send in their tips when its "not feasible or safe" to telephone a tip line. CrimeStoppers is particularly excited about the product, predicting it will be "particularly useful for student programs."

Doesn't anyone think about the implications here?

How does this anonymous text messaging impact the rights of you, me, and our teen aged kids -- you know, like our right to privacy and all those civil rights that we are guaranteed under the Constitution??

Ponder this situation: teenager A is mad at teenager B because A's boyfriend has left the party with B, and it's not looking like they're coming back to the soiree. What does A do?

She sends a Tips via Text and with her guaranteed anonymity, reports that the boyfriend is driving drunk. There's a prompt reply and a quick text discussion on the type of car being driven, the road they've taken, a description of the driver.

Remember, there's no human to listen to her giggle as she reports this, or to judge how inebriated she might be....

The police quickly respond and pull over boyfriend on suspicion of drunk driving. Nevermind that the cops never saw anything that would lead them to believe he might be intoxicated -- they act solely on the text-tip and when boyfriend fails the field sobriety test, he's busted.

What Happens to Due Process and Privacy and All Those Other Rights?

In this country, we're supposed to have LIBERTY and JUSTICE ... which means that the government cannot detain us, much less arrest us, without good reason. Cops shouldn't be able to pull someone over for a suspected crime unless those cops actually have their own reason to believe a crime is occurring. Period.

Police power is supposed to be exercised within carefully defined, clear-cut boundaries. This Text Tip Under an Alias messes with that ... and police power can be misused.

Think this won't happen? Think again. It's already been okayed by the California Supreme Court (police acting on anonymous tips without their own verification of a possible crime). They even have signs along the road, encouraging fellow travelers to narc on each other about possible drunk driving.

Imagine the misuse this invites. Imagine. Think of your ex-wife. Think of the disgruntled employee. Think of the cop who's tempted to text himself.



Sources:

Anderson Software
http://www.andersoft.com/default.aspx

Darren Kavinoky's NoCuffs.com
http://www.caexpungementcentral.com/articles/anonymous_tips.htm

Cop Watch: With Homeowners Like This Guy, Can The Cops Keep Up?

Over in Fort Worth, it's a whole new ballgame. A dangerous one.

Jim Cox, Homeowner, Is Ready for Action

Jim Cox is a FortWorth homeowner who makes a living as a weapons instructor, and he's got his house all ready for crime. He's installed video cameras around the place, and even when he's at home, those cameras are rolling and he's got the lights on.

Well, seems this past Monday morning around 11, a group of guys (the cameras caught 4 of them) pulled up in a minivan to Cox's house and one guy gets out, knocks on the door, rings the bell.

Jim Cox has just taken a shower, now he's finishing up his morning nap. All the lights are on.

The cameras then film a second guy joining the guy at the door, and they're shown kicking in the front door. Jim Cox has just come into his kitchen.

The next thing that the cameras pick up? These guys are running for the hills -- Cox has pulled out his semi-automatic and he's introduced himself.

Of course, Jim Cox reports that he "knew to hold his fire, ..." but " '[i]f they had confronted me, there would have been a noise.'"

Jim Cox's Home Video Available for Review Online

Now, Cox has printed up photos from this video, and he's sharing them with the neighborhood and the media: you can see his excerpts online at the link shown below.

And the Fort Worth police? They're reported to be "investigating the incident. "

The Reality - It's Dangerous for Everyone

This is a dangerous situation for everyone -- luckily, the only violence in this story appears to be the kick leveled against the front door. This homeowner could have been seriously injured, or killed -- or he could be facing criminal charges himself, for harming someone else.

But that's where we are these days, because there are a lot of folk out there that don't believe that they can leave their safety in the hands of their local law enforcement.

Source:

CBS11TV.com
(http://cbs11tv.com/local/North.Fort.Worth.2.834961.html)

CRIME NEWS: Will DNA Tests Free Johnnie Lindsey on Friday?

Let's hope Friday is a very, very good day for Johnnie Earl Lindsey.

That's because on Friday morning in the Crowley Courts Building, a judge may well order Mr. Lindsey's release from jail after Johnnie Lindsey's served almost 26 years for a crime he didn't commit.

That's right: they got the wrong guy back in 1981, for the rape of a 28-year-old woman near White Rock Lake. The victim identified Johnnie Lindsey as her rapist based upon six photos; only two photos showed men without shirts on (her rapist was shirtless) and Johnnie was one of those two.

Just one more example of how faulty eyewitness testimony can be.

No one listened to Mr. Lindsey when he argued that it couldn't have been him: he was at work at the time (he pressed pants and things at a commercial laundry and cleaners). Until now.

Thanks to The Innocence Project, Johnnie Lindsey's DNA has been compared to the DNA evidence from the crime scene. DNA has scientifically ruled out Mr. Lindsey as the rapist.

According to the Innocence Project, Johnnie Lindsey will be the 19th man in Dallas County to be cleared of a crime, after being convicted, since 2001.

The Integrity of Johnnie Lindsey

Mr. Lindsey is now 56 years old, setting in a jail cell assumedly relieved that the innocence he's been proclaiming though two jury trials and countless parole hearings has been recognized.

And why wasn't he released on parole long ago? Because of the severity of the crime, and the fact that he would not admit that he was guilty of raping anyone.

Johnnie Lindsay sat in jail since rather than confess to something that he didn't do, in order to gain his freedom. I think that's called integrity in some circles. Imagine that.

Think of it. Think of how long this man held onto his innocence, despite the sacrifice. To give you an idea, back in 1981:

1. Ronald Reagan was President;
2. Dallas was the most popular TV show;
3. "Bette Davis Eyes" by Kim Carnes won a Grammy as the Record of the Year (that's right, record);
4. Chariots of Fire won the Oscar for Best Picture, and Henry Fonda and Katherine Hepburn won Oscars for their acting in On Golden Pond; and
5. Marcus Allen won the Heisman trophy and the Oakland Raiders won the Super Bowl.

Seems cruel and unusual that Mr. Lindsey has to wait until Friday, doesn't it? And, to Mr. Lindsey: good luck to you, sir, and God Bless.

Sources:

DallasMorningNews
(http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/091608dnmetlindsey.173e456.html)

The Innocence Project
(http://www.innocenceproject.org/)

CRIME NEWS: Can Casey Anthony Get A Fair Trial and Why We Should Care

Casey Anthony may have never set foot in our fair State of Texas, but what she's experiencing over in Orlando, Florida, is coming into our homes on a daily basis.

And that's good -- because we all need to be watching to see how Casey Anthony's rights are being respected over there in Florida. Because her loss of rights today does impact upon your rights, as well.

Your rights are only as safe as hers are.

What's This Case About?

The bottom line to the case is Casey Anthony's 3 year old daughter, Caylee, has been missing since June and mom Casey didn't report her missing until 31 days later - and then, she tagged onto a 911 call made by her mother, and the little girl's grandmother, Cindy Anthony.

Since that 911 call, Casey Anthony has been charged with child neglect, filing a false statement, and check fraud. She's out on bond in excess of $500,000 and is currently on house arrest in her parents' home, spending her days in the law offices of her attorney, Jose Baez.

What's Her Attorney Been Doing?

1. This past Thursday, Baez filed a motion seeking a court order to stop the prosecution's testing and handling of forensic evidence until the Judge can set rules on how this testing should occur. Baez is arguing that forensic testing can destroy the forensic samples, and he wants the Judge to oversee how this key evidence is tested, as well as what methods are used. Baez also wants a member of his defense team to observe the testing.

Why is Baez requesting all this -- even before his client is charged with anything BASED upon this evidence? He's urging that this court oversight is needed to protect Anthony's right to a fair trial.

Of course, pundits are critical of Baez's motion (just listen over at Nancy Grace) because this type of motion usually isn't filed until the client has been charged with something correlated to the forensic testing. The soil and carpet samples from her car, much less the air (yes, air) from the car's trunk, presumably connect to some type of murder charge - not the current charges that Anthony is facing.

Still, given what Baez has already seen, his motion isn't a surprise ....

2. Baez filed a Motion to Decrease the Half-Million Dollar Bail earlier, and not only was that denied by the trial court but the appellate courts upheld the bond amount. Remember, excessive bail is prohibited by the U.S. Constitution and Casey Anthony is only charged with two things in connection with this bond amount: child neglect and giving false information to the police. This is an extremely high bond for these charges.

3. Baez filed a Motion to suppress audio and video recordings of Casey Anthony communicating with family and friends while at the jail, arguing that releasing this to the press would inhibit his client's ability to get a fair trial. The Motion was denied.

What's At Stake Here?

At the time of this post, not only have the jailhouse communications been released to the media, but there's also 400 pages from the police investigation files (incident reports, etc.) readily available on the web, along with audios of interviews between the detectives and Casey Anthony. Additional charges have been made against her -- more economic charges, for writing bad checks, etc.

At the Anthony home, protesters yell and carry handwritten signs ("BabyKiller") 24/7, and one "blogger" was filmed taking away the Anthonys' trash and later combing through it for "evidence."

The neighbors' lives, as well as the Anthony family's, have to deal with this chaos now -- apparently, the police come only to break up fist fights.

Casey's parents, Cindy and George Anthony, have hired their own criminal defense attorney. Someone has offered Casey over $1,000,000 for her story and someone else has put up a reward of $250,000 for information regarding the whereabouts of little Caylee.

Why This Should Worry You

Every night, CNN devotes two hours to this story since it's all that Nancy Grace follows anymore. FoxNews usually has an hour, unless Greta Von Susteren is covering something about the presidential race.

On the web, an unbelievable amount of the police investigation files are available for anyone to download and read. Countless blogs and forums exist to chat and discuss the latest information as well as the latest rumors.

And what is the common theme here? Judgment. Casey Anthony is being judged on whether or not she did something to her child long before she is ever charged with a crime or made to face a jury.

She has a right to be presumed innocent until proven guilty. You have that right, too.

She has a right to be tried fairly, with an unbiased jury who have not made up their minds in advance. You have that right, too.

It is not a question of whether or not Casey Anthony harmed her daughter. It is a question of whether or not the system is being played.

Disrespecting our system of justice is something that should make us all very, very worried.

Good luck, Jose.

Sources:

OrlandoSentinel.Com (Complete Coverage of Missing Caylee Marie Anthony)
(http://www.orlandosentinel.com/services/newspaper/printedition/monday/orl-caylee-anthony-missing-stories,0,5047466.storygallery)

NancyGrace/CNN's Find Caylee Blog
(http://www.cnn.com/2008/CRIME/09/08/NGfindcayleeblog/)

Investigation Discovery -- Full Coverage of the Caylee Anthony Case
(http://investigation.discovery.com/blogs/criminal-report/casey_anthony_full_coverage/caylee_anthony.html)

CRIME NEWS: Texas' Criminal History Records are Really, Really Inaccurate

You watch CSI, or NCIS, or any one of a number of crime shows on TV, and there they are: huge databases of information on folk who have been arrested for crimes in all sorts of jurisdictions.

Federal, state, city,military - heck, they'll even pull up someone who's been busted overseas somewhere. And, it's so fast, too: the screen zips thru file after file, and suddenly stops on an exact match (who's usually the guest star for that episode).

Well, those in the know have long recognized that this isn't reality -- but never more so than this past month, when the Texas Department of Public Safety publicly admitted that its criminal history records database is far from complete. According to Angie Klein, who manages this database, it's only got 69% of the state's actual criminal records.

If this were a report card, DPS would be getting a D+.

What's going on? Counties aren't reporting, for a variety of reasons. And, of course, prosecutors are really upset by this. They may not have information regarding past criminal histories before offering up a nice plea deal.

Bottom line, what does this mean? There's a 31% chance that a criminal record isn't going to be in the system.

Think about it. The good news: you're pulled over on suspicion of driving drunk and there's a 31% chance the cop's not going to know about a past DWI on your record. Or, you're arrested for burglary: there's a 31% chance that a past conviction for burglary back in Houston isn't going to pop up on your record.

Of course, you and your criminal defense attorney need to make sure that any acquittals or dismissals of your case are recorded in the system. You don't want those old criminal charges to pop up when you are applying for a lease, or a job, or buying a gun, or adopting a child ....

Source: DallasNews.com, August 22, 2008