For seven years, Abel C. Limas presided over the 404th Judicial District Court down in Brownsville, a court where lives were often at stake in criminal matters and which also heard a variety of civil cases, including divorce proceedings. Now, former Judge Limas has pled guilty to charges that he took over $250,000 in bribes from attorneys in payment for favorable treatment ... doing things like issuing very nice probation orders and even outright dismissal of charges in criminal matters as well as playing favorites in civil controversies.
Lima's Career Path: Cop to Judge to Private Practice to Inmate
You'd think Abel C. Limas would know better. Not only because he was given the honor and privilege of sitting on a judicial bench, wearing those robes and walking into a courtroom where bailiffs had everyone rising upon his entrance. Nope. Limas was also a cop in days gone by. A Brownsville policeman who rose to become a Texas Judge, presiding over that court for seven years (2001-2008), and who will now be a federal inmate.
Everything Happening Quickly Down in Brownsville: Arrest, Guilty Plea Within a Week's Time
Limas was arrested just last Thursday. He's been charged with racketeering by soliciting, extorting and accepting bribes totalling $257,300 for favorable rulings in various matters. No long, protracted defense here: within hours, he was entering a guilty plea before the U.S. District Court for the Southern District of Texas. That means no trial. Sentencing is set for July 2011.
The indictment backing up his arrest included allegations that while Limas worked as criminal district court judge, he took money from a minimum of four lawyers (their names are not released), and two of these lawyers alone forked over $235,000 for favorable treatment in some civil matters. (Limas' defense counsel's request to keep the indictment under seal for 14 days after Limas' arrest was granted by the federal judge.)
Investigation Results: Limas Isn't The Only Bad Apple
For over two years now, the Federal Bureau of Investigation (FBI) along with the U. S. Drug Enforcement Administration (DEA) and the Brownsville Police Department had joined forces to investigate what Judge Limas had been up to ... and his indictment isn't going to be the only result of all that footwork.
The indictment of Abel Limas identifies five (5) other evildoers - but does not name them. Their activities, while detailed in the Limas indictment, are described as being done by "A," "B," "C," "D," and "E." No names, just letters.
Other Arrests Being Made - Longoria Charged Thursday, 3+ Lawyers Still to Be Arrested
Yesterday, Jose Manuel Longoria attended his bond hearing before U.S. Magistrate Felix Recio and was placed under a $100,000 bond after being arrested last Thursday and charged with wire fraud arising from a scheme to defraud and deprive the State of Texas of the right to the honest services of a state district judge.
As part of Longoria being charged and being allowed bond (challenged by the prosecution as Longoria is considered a flight risk to Mexico), he was instructed not to have any communications with three lawyers (identities not made public) and if he were to receive communication from them, he was ordered to notify authorities immediately.
Which means, the FBI is gonna be arresting some lawyers down in South Texas very soon....
Showing posts with label Judge Watch. Show all posts
Showing posts with label Judge Watch. Show all posts
Wednesday, 6 April 2011
Wednesday, 2 February 2011
Texas Judge Busted By Feds for Taking KickBacks During Hurricane Ike CleanUp
By:
Eko Marwanto
11:00
Phil Fitzgerald used to be a Texas district court judge, and he used to be a free man. Things change.
The Beaumont Grand Jury issued its 25-count indictment last week of former Judge Fitzgerald along with a contractor (Fitzgerald's brother-in-law, Mark Miksch, 52, of La Vernia) and another Liberty County official (former Liberty County Commissioner Lee Groce, 62) charging the Judge with taking over $600,000 in kickbacks for awarding government clean-up contracts that dispensed federal funds to help with the aftermath of Hurricane Ike.
According to the federal indictment, Judge Fitzgerald allegedly conspired with Commissioner Groce to award $3,200,000 million in debris removal contracts over to contractor Miksch. He also allegedly scarfed up a generator for his personal use that had been paid for by federal monies (allegedly, he kept the power up at his convenience store with the generator during power outages).
Judge Fitzgerald isn't going down without a fight, however.
Fitzgerald has made his position clear by a letter published in the local press, and now routed through the national media, which states in part:
This should be an interesting trial, folks.
The Beaumont Grand Jury issued its 25-count indictment last week of former Judge Fitzgerald along with a contractor (Fitzgerald's brother-in-law, Mark Miksch, 52, of La Vernia) and another Liberty County official (former Liberty County Commissioner Lee Groce, 62) charging the Judge with taking over $600,000 in kickbacks for awarding government clean-up contracts that dispensed federal funds to help with the aftermath of Hurricane Ike.
According to the federal indictment, Judge Fitzgerald allegedly conspired with Commissioner Groce to award $3,200,000 million in debris removal contracts over to contractor Miksch. He also allegedly scarfed up a generator for his personal use that had been paid for by federal monies (allegedly, he kept the power up at his convenience store with the generator during power outages).
Judge Fitzgerald isn't going down without a fight, however.
Fitzgerald has made his position clear by a letter published in the local press, and now routed through the national media, which states in part:
"Had the government allowed us the opportunity to present our side of the story before seeking an indictment, we are confident there would be no indictment. However, because of their refusal, we will now have to have a trial in this case, at considerable expense to Judge Fitzgerald and the taxpayers, in order for us to tell our side of the story."Fitzgerald and Groce both lost their reelection bids last Fall, two more Democrats falling to Republican replacements. Groce had served as Liberty County Commissioner for almost 25 years; Fitzgerald had presided over his district court bench for four years.
This should be an interesting trial, folks.
Wednesday, 3 November 2010
Texas Supreme Court and Texas Court of Criminal Appeals: 100% Republican
By:
Eko Marwanto
09:31
Yesterday was Election Day, and while many spotlights were focused upon the Governor's race between Rick Perry and Bill White (and Kathie Glass), some pretty powerful statewide spots were being decided as well. Positions on the two highest state courts - the Texas Supreme Court for civil matters, the Texas Court of Criminal Appeals for criminal matters - were also on the ballot.
And, once again, Republicans won every race. This keeps both high courts completely Republican - no Democrat, no Libertarian, no Independent, no Green Party - and it's been that way since 1994.
Sixteen Years of a Republican Monopoly in the Two Texas High Courts
Of course, there are those that argue this is not that big of a deal. Judges at the appellate level make decisions based upon law, not party affiliation. They aren't stumping for votes like Congressmen and Congresswomen. They aren't giving speeches and taking voters' questions like Mayors, County Commissioners, School Board Members, or even the Governor himself. Judges, it's argued, are above all that: taking on the label of one party or the other is simply a necessary evil given the reality that these are elected positions.
However, the mere fact that judges must run for office means that they must become politicians at some level. They need the campaign support that a party provides (at least most of them do) and they will have their own campaigns to run albeit smaller and more discrete than their legislative and executive contemporaries.
Does it Matter?
Are they swayed by their party affiliations? Some argue yes. These are the folk that push periodically for judges to be appointed, not elected. Look around, that's not been a very successful venture here in Texas. (Federal judges are appointed here in Texas and elsewhere, by comparison.)
As the appointment debate continues, the reality that Texas faces today is this: a uniform Republican presence on the state's highest courts. Are you comfortable with that?
And, once again, Republicans won every race. This keeps both high courts completely Republican - no Democrat, no Libertarian, no Independent, no Green Party - and it's been that way since 1994.
Sixteen Years of a Republican Monopoly in the Two Texas High Courts
Of course, there are those that argue this is not that big of a deal. Judges at the appellate level make decisions based upon law, not party affiliation. They aren't stumping for votes like Congressmen and Congresswomen. They aren't giving speeches and taking voters' questions like Mayors, County Commissioners, School Board Members, or even the Governor himself. Judges, it's argued, are above all that: taking on the label of one party or the other is simply a necessary evil given the reality that these are elected positions.
However, the mere fact that judges must run for office means that they must become politicians at some level. They need the campaign support that a party provides (at least most of them do) and they will have their own campaigns to run albeit smaller and more discrete than their legislative and executive contemporaries.
Does it Matter?
Are they swayed by their party affiliations? Some argue yes. These are the folk that push periodically for judges to be appointed, not elected. Look around, that's not been a very successful venture here in Texas. (Federal judges are appointed here in Texas and elsewhere, by comparison.)
As the appointment debate continues, the reality that Texas faces today is this: a uniform Republican presence on the state's highest courts. Are you comfortable with that?
Wednesday, 4 August 2010
Ex-Judge Samuel Kent Wants Out of Jail: It's Been a Cruel and Abusive Experience. Surprise.
By:
Eko Marwanto
11:21
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.
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.
Wednesday, 2 December 2009
JUDGE WATCH: Former Dallas Judge and TYC Ombudsman Faces Felony Indictment
By:
Eko Marwanto
08:47
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?
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?
Monday, 2 November 2009
Cop Watch: Dallas County Constable's Computers Taken Over, What About Our Privacy Rights?
By:
Eko Marwanto
09:14
First, there were rumors that employees of a Dallas County Constable were forced to work for free on the job as well as on the constable's re-election campaigns. Then, some of these employees told their stories to FBI agent Danny Defenbaugh and that's when You-Know-What hit the fan.
Right now, Dallas County Constable Jaime Cortes has his lawyers filing arguments with the court that the Dallas County Commissioners don't have the legal right to investigate Cortes or his fellow law enforcer, Constable Derick Evans. (There are rumors that Craig Watkins is behind the scenes with his own investigation, but the District Attorney's Office isn't confirming that they're doing anything here.)
Right before Thanksgiving, a retired district judge is going to have a hearing and sort out this mess -- but there's already a lot of mud that's been slung and probably lots more will get thrown before that November 23rd court date.
Why should we care?
Well, regardless of all this employment hooplah, the bottom line is that the computers used by the constables were taken by the investigators, and presumably they've been through all those stored files. In fact, we've got no idea who all has been combing through those computer files.
Plus, we don't know what all those law enforcement files contained on the Constable's databases, but any Average Joe citizen out there probably had a right to privacy expectation that their personal information wouldn't be tossed around like this.
Today, the Dallas County Constables do lots of police-type work -- long gone are the olden days, where their primary job was serving subpoenas and the like. Now, Cortes and his brethren are involved in things like (1) finding dads who aren't paying their child support and forcing the deadbeat dads to pay up; (2) searching out and closing down crack houses and other drug sales shops in their area; (3) watching schools for dealers trying to sell drugs like heroin to the kids there; (4) impounding cars and other vehicles for various law violations, etc.
There's nothing to shield totally innocent folk from the stigma of being revealed as someone once considered as a druggie, etc. by the free for all use of the Constable's computer files here.
Let's hope the Judge on the November 23rd hearing puts a stop to this -- although, it's probably like shutting the barn door after the horse is gone by now ... right? How many copies of those hard drives have been made? Who got sent what as email attachments?
Right now, Dallas County Constable Jaime Cortes has his lawyers filing arguments with the court that the Dallas County Commissioners don't have the legal right to investigate Cortes or his fellow law enforcer, Constable Derick Evans. (There are rumors that Craig Watkins is behind the scenes with his own investigation, but the District Attorney's Office isn't confirming that they're doing anything here.)
Right before Thanksgiving, a retired district judge is going to have a hearing and sort out this mess -- but there's already a lot of mud that's been slung and probably lots more will get thrown before that November 23rd court date.
Why should we care?
Well, regardless of all this employment hooplah, the bottom line is that the computers used by the constables were taken by the investigators, and presumably they've been through all those stored files. In fact, we've got no idea who all has been combing through those computer files.
Plus, we don't know what all those law enforcement files contained on the Constable's databases, but any Average Joe citizen out there probably had a right to privacy expectation that their personal information wouldn't be tossed around like this.
Today, the Dallas County Constables do lots of police-type work -- long gone are the olden days, where their primary job was serving subpoenas and the like. Now, Cortes and his brethren are involved in things like (1) finding dads who aren't paying their child support and forcing the deadbeat dads to pay up; (2) searching out and closing down crack houses and other drug sales shops in their area; (3) watching schools for dealers trying to sell drugs like heroin to the kids there; (4) impounding cars and other vehicles for various law violations, etc.
There's nothing to shield totally innocent folk from the stigma of being revealed as someone once considered as a druggie, etc. by the free for all use of the Constable's computer files here.
Let's hope the Judge on the November 23rd hearing puts a stop to this -- although, it's probably like shutting the barn door after the horse is gone by now ... right? How many copies of those hard drives have been made? Who got sent what as email attachments?
Wednesday, 1 July 2009
JUDGE WATCH: Another Surprise Move by Judge Samuel Kent as He Resigns Effective June 30, 2009
By:
Eko Marwanto
11:58
No one can say that Judge Kent didn't put up an aggressive and creative fight in his defense against the charges levied against him - during the course of that proceeding, Kent took the offense time and again, surprising many with his strategic maneuvers.
And Samuel Kent surprised everyone once again, this week.
You'll recall from our earlier posts that Judge Kent returned to the national spotlight last month, when he sent in his letter of resignation -- with an effective date one year in the future. This would allow him to continue collecting his salary, even from his prison cell, until he was "fired" -- which for an appointed federal judge, means impeachment and trial in Congress.
Say what you will about Kent, this was a smart and shrewd move on his part, from a defense perspective.
Of course, this served to incense many, and the impeachment of Judge Kent began. Then, as the Senate was beginning its trial process by sending two Senate officials over to Judge Kent's jail cell last week to serve a summons upon him, voila.
Another surprise from Judge Kent.
He handed the Senate summons servers a short, terse letter where he resigned effective June 30, 2009. As of today, Judge Kent is no longer a federal judge, his bench is vacant, and he's no longer drawing a government paycheck.
Congress has to decide what it's going to do now. He's already in prison for 33 months. He's broke. They got lots of other business. Maybe Congress just lets this go.
Meantime, one has to wonder: book deal?
And Samuel Kent surprised everyone once again, this week.
You'll recall from our earlier posts that Judge Kent returned to the national spotlight last month, when he sent in his letter of resignation -- with an effective date one year in the future. This would allow him to continue collecting his salary, even from his prison cell, until he was "fired" -- which for an appointed federal judge, means impeachment and trial in Congress.
Say what you will about Kent, this was a smart and shrewd move on his part, from a defense perspective.
Of course, this served to incense many, and the impeachment of Judge Kent began. Then, as the Senate was beginning its trial process by sending two Senate officials over to Judge Kent's jail cell last week to serve a summons upon him, voila.
Another surprise from Judge Kent.
He handed the Senate summons servers a short, terse letter where he resigned effective June 30, 2009. As of today, Judge Kent is no longer a federal judge, his bench is vacant, and he's no longer drawing a government paycheck.
Congress has to decide what it's going to do now. He's already in prison for 33 months. He's broke. They got lots of other business. Maybe Congress just lets this go.
Meantime, one has to wonder: book deal?
Monday, 4 May 2009
JUDGE WATCH: Justice Sharon Keller Amends Her Financial Report, It's Up $2.4 Million
By:
Eko Marwanto
07:11
Justice Sharon Keller has submitted her amended financial statements, and boy have things changed.
She has added over $2,400,000 in property and income from the last financial statement that she filed. And, as the presiding chief justice of the Texas Court of Criminal Appeals, she is required by law to reveal in writing all her assets.
Why didn't she just include all this stuff before now?
Her daddy didn't tell her.
That's right. Yes, this is the explanation that the Chief Justice gave the Texas Ethics Commission for this huge, glaring omission.
In her sworn statement, which was filed along with these amended financials, Justice Keller points the finger at her dad - seems he acts as business manager for his four kids, and he's placed properties in all their names. Guess this never, ever got talked about at family gatherings, or that daddy's daughter never thought to ask anything like "what are you using my name for?"
Lawyers never think of things like that.
Still no answer on what she thought she was signing periodically, and one would assume that with $2.4 million in assets floating around, that there were times when Daddy would need Daughter's signature on something.
What are these assets?
According to the financial statement, and the reporting of the Dallas Morning News, these newly revealed assets include:
1. two fast-food restaurants
2. a bank
3. a home on Garland Road
4. another home on Garland Road
5. a commercial tract in Euless, Texas (1.5 acres)
6. 22 Certificates of Deposit (CDs) in four different banks
7. $110,000 investment income.
Must've Been A Nice Surprise
Boy howdy. Wouldn't that be great -- to discover that you own a bank, a couple of restaurants, two houses on Garland Road, some land, some CDs, and you're gonna get over $100K each year in investment income?!! Wow.
Sources:
Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-keller_02pro.ART.State.Edition2.4aa5bed.html
She has added over $2,400,000 in property and income from the last financial statement that she filed. And, as the presiding chief justice of the Texas Court of Criminal Appeals, she is required by law to reveal in writing all her assets.
Why didn't she just include all this stuff before now?
Her daddy didn't tell her.
That's right. Yes, this is the explanation that the Chief Justice gave the Texas Ethics Commission for this huge, glaring omission.
In her sworn statement, which was filed along with these amended financials, Justice Keller points the finger at her dad - seems he acts as business manager for his four kids, and he's placed properties in all their names. Guess this never, ever got talked about at family gatherings, or that daddy's daughter never thought to ask anything like "what are you using my name for?"
Lawyers never think of things like that.
Still no answer on what she thought she was signing periodically, and one would assume that with $2.4 million in assets floating around, that there were times when Daddy would need Daughter's signature on something.
What are these assets?
According to the financial statement, and the reporting of the Dallas Morning News, these newly revealed assets include:
1. two fast-food restaurants
2. a bank
3. a home on Garland Road
4. another home on Garland Road
5. a commercial tract in Euless, Texas (1.5 acres)
6. 22 Certificates of Deposit (CDs) in four different banks
7. $110,000 investment income.
Must've Been A Nice Surprise
Boy howdy. Wouldn't that be great -- to discover that you own a bank, a couple of restaurants, two houses on Garland Road, some land, some CDs, and you're gonna get over $100K each year in investment income?!! Wow.
Sources:
Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-keller_02pro.ART.State.Edition2.4aa5bed.html
Monday, 6 April 2009
JUDGE WATCH: Another Texas Judge Arrested by the FBI
By:
Eko Marwanto
08:43
You read these stories, and you just know you're seeing a future Law & Order episode ....
Last Thursday, after an investigation with an undercover FBI agent posing as a defendant pending trial, the FBI arrested El Paso state district judge Manuel J. Barraza, 53, on four counts of federal criminal activity that is being described as taking bribes and soliciting sex from defendants appearing before him.
Officially, the grand jury indictment includes three charges of "wire fraud and deprivation of honest services" and a fourth charge of lying to a federal agent. Judge Barraza has been released from custody after posting $10,000 bail.
El Paso District Attorney is Reviewing Every Case that Went Before Barraza
Meanwhile, the El Paso district attorney is reviewing every case that has gone before Judge Barraza and it's expected that some of these cases will be tossed out as a result of the prosecutor's investigation. Even though the judge has only been on the bench a short while, that review is going to encompass over 100 cases.
Apparently, it didn't take Barraza long ....
Barraza just got elected judge last November. And,according to investigators, Barraza started these solicitations for money and sex long before he took the bench in January. In fact, Barraza purportedly starting inviting defendants to pay him money and sex for his influence as a judge shortly after he won the election on November 2nd.
Shocking Blow to a Once-Promising Career
Barraza, now a grandfather of four and father of two, built a legal career as a criminal defense attorney who represented complex and notorious criminal defendants, including serial killer Richard Ramirez (known as "the Night Stalker" in the media) as his local counsel.
However, maybe there was a hint of things to come: the El Paso Times is reporting that Barraza was charged with attempting to bribe a probation officer back in 1983, but the charges were dismissed for lack of evidence.
What Happens to Manuel Barraza?
First, he's going to have to face those federal charges. Then, maybe Barraza can go back to practicing law. But his short stint as a member of the judiciary (did he even reach 90 days on the bench?) is the end of Manuel Barraza, Judge.
Sources:
Houston Chronicle
http://www.chron.com/disp/story.mpl/ap/tx/6359175.html
Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-judgearrested_03tex.ART.State.Edition1.4a96528.html
El Paso Times
http://www.elpasotimes.com/politics/ci_12060597
Last Thursday, after an investigation with an undercover FBI agent posing as a defendant pending trial, the FBI arrested El Paso state district judge Manuel J. Barraza, 53, on four counts of federal criminal activity that is being described as taking bribes and soliciting sex from defendants appearing before him.
Officially, the grand jury indictment includes three charges of "wire fraud and deprivation of honest services" and a fourth charge of lying to a federal agent. Judge Barraza has been released from custody after posting $10,000 bail.
El Paso District Attorney is Reviewing Every Case that Went Before Barraza
Meanwhile, the El Paso district attorney is reviewing every case that has gone before Judge Barraza and it's expected that some of these cases will be tossed out as a result of the prosecutor's investigation. Even though the judge has only been on the bench a short while, that review is going to encompass over 100 cases.
Apparently, it didn't take Barraza long ....
Barraza just got elected judge last November. And,according to investigators, Barraza started these solicitations for money and sex long before he took the bench in January. In fact, Barraza purportedly starting inviting defendants to pay him money and sex for his influence as a judge shortly after he won the election on November 2nd.
Shocking Blow to a Once-Promising Career
Barraza, now a grandfather of four and father of two, built a legal career as a criminal defense attorney who represented complex and notorious criminal defendants, including serial killer Richard Ramirez (known as "the Night Stalker" in the media) as his local counsel.
However, maybe there was a hint of things to come: the El Paso Times is reporting that Barraza was charged with attempting to bribe a probation officer back in 1983, but the charges were dismissed for lack of evidence.
What Happens to Manuel Barraza?
First, he's going to have to face those federal charges. Then, maybe Barraza can go back to practicing law. But his short stint as a member of the judiciary (did he even reach 90 days on the bench?) is the end of Manuel Barraza, Judge.
Sources:
Houston Chronicle
http://www.chron.com/disp/story.mpl/ap/tx/6359175.html
Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-judgearrested_03tex.ART.State.Edition1.4a96528.html
El Paso Times
http://www.elpasotimes.com/politics/ci_12060597
Monday, 2 March 2009
JUDGE WATCH: Texas Supreme Court Justice Nathan Hecht - Ethics Complaint Dismissed for Insufficient Evidence
By:
Eko Marwanto
07:48
Here in Texas, our highest courts in the adjudication of Texas law are split -- civil matters go to the Texas Supreme Court (TSCt), and criminal cases are reviewed by the Texas Court of Criminal Appeals (CCA).
And, there's something to ponder in the fact that the national media has justices on both these courts in their headlines for possible bad acts. Yes, folks, let's ponder that for a bit.
While CCA Chief Justice Sharon Keller (see earlier post on her impending trial and possible impeachment) will be in the news for months to come, TSCt Justice Nathan Hecht is probably going to fade away from the national media scene because of a decision released last month, and hitting the media news late last week.
Texas Ethics Commission Clears Justice Hecht
On February 12, 2009, the Texas Ethics Commission issued a final order in a year-long investigation into activities of Justice Hecht. The TEC dismissed the complaint against the Texas Supreme Court justice because "insufficient evidence" was found that the state election code had been violated.
Justice Hecht Accused of Using Political Contributions for Personal Use
Over a year ago, Hecht was accused of using campaign money to travel to Carrollton, Texas (Hecht lives in Austin). Hecht, however, has a home in Carrollton, attends church in Carrollton, does some of his TSCt work in Carrollton, and has "lots of friends" in Carrollton.
Justice Hecht's Reprimand and $29K Fine Still Holds
Of course, this doesn't change the reprimand that Justice Hecht received last fall, from this same ethics commission, to the tune of $29,000. In that matter, Justice Hecht was found to have received an illegal campaign contribution amounting to $168,000 because the law firm Jackson Walker discounted his legal fees by that amount during his legal fight against allegations that he had abused his position as a justice on the TSCt by openly supporting Harriett Miers in her failed bid for the United States Supreme Court.
(Hecht's argument to the underlying legal challenge? He's prohibited from supporting a candidate running for judicial office under the Code of Judicial Conduct, not from supporting someone nominated for appointment.)
That's Not All Folks ....
And, if you're thinking this is all there is to ethics investigations into the high courts of our fair state, think again. There's the 2008 investigation into TSCt Justice David Medina - alleging that he may have violated state law when he reimbursed himself $57,000 in mileage (commuting between his Houston home and Austin) out of campaign funds.
You'll remember that Houston home -- it's the one that Justice Medina's wife was accused of burning down when arson charges were filed against her.
Sources:
Associated Press
http://www.google.com/hostednews/ap/article/ALeqM5hbVtxppqsV8p1RE_M-z5Uhysp6yQD96JK3280
International Herald Tribune
http://www.iht.com/articles/ap/2008/12/05/america/Texas-Justice-Ethics.php
Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-hecht_27tex.ART.State.Edition1.4a8701f.html
Houston Chronicle
http://www.chron.com/disp/story.mpl/editorial/robison/5863268.html
And, there's something to ponder in the fact that the national media has justices on both these courts in their headlines for possible bad acts. Yes, folks, let's ponder that for a bit.
While CCA Chief Justice Sharon Keller (see earlier post on her impending trial and possible impeachment) will be in the news for months to come, TSCt Justice Nathan Hecht is probably going to fade away from the national media scene because of a decision released last month, and hitting the media news late last week.
Texas Ethics Commission Clears Justice Hecht
On February 12, 2009, the Texas Ethics Commission issued a final order in a year-long investigation into activities of Justice Hecht. The TEC dismissed the complaint against the Texas Supreme Court justice because "insufficient evidence" was found that the state election code had been violated.
Justice Hecht Accused of Using Political Contributions for Personal Use
Over a year ago, Hecht was accused of using campaign money to travel to Carrollton, Texas (Hecht lives in Austin). Hecht, however, has a home in Carrollton, attends church in Carrollton, does some of his TSCt work in Carrollton, and has "lots of friends" in Carrollton.
Justice Hecht's Reprimand and $29K Fine Still Holds
Of course, this doesn't change the reprimand that Justice Hecht received last fall, from this same ethics commission, to the tune of $29,000. In that matter, Justice Hecht was found to have received an illegal campaign contribution amounting to $168,000 because the law firm Jackson Walker discounted his legal fees by that amount during his legal fight against allegations that he had abused his position as a justice on the TSCt by openly supporting Harriett Miers in her failed bid for the United States Supreme Court.
(Hecht's argument to the underlying legal challenge? He's prohibited from supporting a candidate running for judicial office under the Code of Judicial Conduct, not from supporting someone nominated for appointment.)
That's Not All Folks ....
And, if you're thinking this is all there is to ethics investigations into the high courts of our fair state, think again. There's the 2008 investigation into TSCt Justice David Medina - alleging that he may have violated state law when he reimbursed himself $57,000 in mileage (commuting between his Houston home and Austin) out of campaign funds.
You'll remember that Houston home -- it's the one that Justice Medina's wife was accused of burning down when arson charges were filed against her.
Sources:
Associated Press
http://www.google.com/hostednews/ap/article/ALeqM5hbVtxppqsV8p1RE_M-z5Uhysp6yQD96JK3280
International Herald Tribune
http://www.iht.com/articles/ap/2008/12/05/america/Texas-Justice-Ethics.php
Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-hecht_27tex.ART.State.Edition1.4a8701f.html
Houston Chronicle
http://www.chron.com/disp/story.mpl/editorial/robison/5863268.html
Monday, 5 January 2009
JUDGE WATCH: Judge Shelton's Daughter Can Do No Wrong?
By:
Eko Marwanto
09:38
Over in Houston, Elizabeth Shelton really isn't new news -- back in October 2007, her name was in the papers as the daughter of a Houston judge (Pat Shelton) who had been convicted of intoxication manslaughter in the death of her 19 year old boyfriend, and fined $10,000, after her SUV collided with a box truck on the freeway. She had to serve 120 days in jail (which didn't start until she finished her semester at college) before starting a term of 8 years probation. If she violates the probation, then she serves 5 years in prison.
No one contested that her SUV rear-ended the truck.
Elizabeth Shelton's SUV plowed into the back of a box truck on the Southwest Freeway, killing her passenger.
No one contested the fact that this was a drunk driver case.
No one denied she was drunk. Elizabeth Shelton, the judge's daughter, tested THREE times over the legal blood alcohol content. Evidence included that she cursed at the ER nurse after the accident, and was heard to be telling folk there that her daddy was a judge ....
Her boyfriend was hanging out of the truck per criminal trial testimony.
Oh, and there was evidence that right before the crash, her boyfriend was hanging out the side of the SUV, on the freeway, and that he was almost decapitated upon impact. Whoa.
Her defense was the truck driver changed lanes....
Still, throughout her criminal trial -- and she went to trial, no plea bargain for her -- she argued for her innocence. Her defense? the truck driver made an illegal lane change.
Now, the Judge's daughter is suing the TRUCK DRIVER in civil court ....
Yes. That's right. It's been almost a year since she was sentenced, and now Elizabeth Shelton has filed suit against the truck driver.
Get this: the Judge's daughter wants $20,000 for the property damage to her Lexus SUV and she wants an undisclosed amount for the pain and suffering she's experienced, along with medical expenses and attorneys' fees.
And the JUDGE is also listed as a plaintiiff in this suit. Yes, the JUDGE is suing, too.
No kidding, serious as a heart attack.
Judge Pat Shelton, and his wife, are parties plaintiff right along with their daughter, in this civil suit ... which many try and justify by arguing it's all just a big skirmish necessary to get insurance companies to pay up.
Sure, that explains everything. Like why the media in AUSTRALIA are running this story with the headline, "Someone tell this woman she's an idiot."
Once again, I could not make this stuff up.
Sources:
KTRK-TV
http://abclocal.go.com/ktrk/story?section=news/local&id=6563241
KHOU-TV
http://www.khou.com/news/local/houstonmetro/stories/khou071009_ac_shelton.15350e37c.html
The Inquistr
http://www.inquisitr.com/12769/someone-tell-this-woman-shes-an-idiot/
No one contested that her SUV rear-ended the truck.
Elizabeth Shelton's SUV plowed into the back of a box truck on the Southwest Freeway, killing her passenger.
No one contested the fact that this was a drunk driver case.
No one denied she was drunk. Elizabeth Shelton, the judge's daughter, tested THREE times over the legal blood alcohol content. Evidence included that she cursed at the ER nurse after the accident, and was heard to be telling folk there that her daddy was a judge ....
Her boyfriend was hanging out of the truck per criminal trial testimony.
Oh, and there was evidence that right before the crash, her boyfriend was hanging out the side of the SUV, on the freeway, and that he was almost decapitated upon impact. Whoa.
Her defense was the truck driver changed lanes....
Still, throughout her criminal trial -- and she went to trial, no plea bargain for her -- she argued for her innocence. Her defense? the truck driver made an illegal lane change.
Now, the Judge's daughter is suing the TRUCK DRIVER in civil court ....
Yes. That's right. It's been almost a year since she was sentenced, and now Elizabeth Shelton has filed suit against the truck driver.
Get this: the Judge's daughter wants $20,000 for the property damage to her Lexus SUV and she wants an undisclosed amount for the pain and suffering she's experienced, along with medical expenses and attorneys' fees.
And the JUDGE is also listed as a plaintiiff in this suit. Yes, the JUDGE is suing, too.
No kidding, serious as a heart attack.
Judge Pat Shelton, and his wife, are parties plaintiff right along with their daughter, in this civil suit ... which many try and justify by arguing it's all just a big skirmish necessary to get insurance companies to pay up.
Sure, that explains everything. Like why the media in AUSTRALIA are running this story with the headline, "Someone tell this woman she's an idiot."
Once again, I could not make this stuff up.
Sources:
KTRK-TV
http://abclocal.go.com/ktrk/story?section=news/local&id=6563241
KHOU-TV
http://www.khou.com/news/local/houstonmetro/stories/khou071009_ac_shelton.15350e37c.html
The Inquistr
http://www.inquisitr.com/12769/someone-tell-this-woman-shes-an-idiot/
Monday, 22 December 2008
JUDGE WATCH: Houston Judge Ignores Reversal of Conviction, Keeps Abused Kid Behind Bars Whose Repeated Outcries Where Ignored
By:
Eko Marwanto
09:14
This Christmas story should make you mad. Mad at a lot of people .... really, really mad.
Right now, a kid sits in jail over this Christmas holiday because a judge said so - a boy who everyone knows suffered physical abuse from his father for years must spend another Christmas behind bars.
And, even though the 14th Court of Appeals says this kid didn't get a fair trial the first time.
Who is this kid?
We don't know his name - that much is being protected. We do know that he is a boy who at the age of 10, after no adult would listen to him, took matters into his own hands to protect himself and his little brother (two years younger), and shot his father to death when the dad came to pick up the boy and his brother from their mother's home (the parents were divorced).
Get this (and this comes from the 14th Court's opinion):
1. Cops were called to the parents' home on 20 separate occasions on domestic violence calls with each of them -- mother and dad -- being arrested more than once.
2. The boy in jail saw his dad arrested at least 7 times because of physical altercations.
3. This dad was not some fly-by-night guy: the boy's father was an emergency room doctor at the University of Texas hospital in Galveston. That's right: an ER doctor.
4. When the boy was 6, he saw his dad take a hammer to his mother - and the child picked up the phone, trying to get his mother to call 911. She didn't.
5. While a psychologist confirmed that the boy had been sexually abused, and while the mother found the boy exhibiting behaviors that are known to be evidence of sexual abuse, nothing was done after the boy outcried that his father was the perpetrator -- CPS was inept, the police didn't file charges. And this was true for authorities in both Houston and Galveston. The dad didn't lose parental rights or visitation.
6. The boy was beaten by his father - the father used his hands or a leather belt.
7. The boy was afraid to take a bath in his father's home because of fear of molestation. He took a beating rather than take a bath.
8. The father was known to have "intermittent explosive disorder" and was also known not to be taking medication to combat the condition.
9. Cops had to be called to make the boys get in the car to go on legal visitation with their dad.
10. The father's new girlfriend hit the boys, called them names like "pigs" and "turds" and would lock the boys out of the house. The boy could not stop the girlfriend from "whipping" his little brother with a belt.
11. The boy was under the care of both a psychiatrist and a psychologist at the time of the shooting.
12. He had been given Prozac for depression.
What? What's going on here?
Four years ago, this 10 year old boy from Katy, Texas, was tried and convicted of shooting his father to death as the dad came to pick up the boy and his brother from their mother's home (the parents were divorced). He pulled a pistol out of his backpack and shot his father through the driver's seat of the SUV as the boy and his brother were being picked up for weekend visitation.
Last week, the 14th Court of Appeals reversed that conviction. The boy did not get a fair trial.
What was unfair? The appellate court found that the jury didn't get to hear evidence about how that boy thought he was defending himself and his kid brother from his dad. Part of that evidence included this 10 year old meeting with a psychologist just hours before the shooting, outcrying that he was afraid of his father, as well as this child telling a variety of authorities many times that he was scared of his dad.
According to the Appellate Court, this boy should have a new trial, where evidence that he was trying to protect his brother and himself could be a part of the jury's consideration of his guilt or innocence.
Apparently, the Houston judge doesn't care what the Appellate Court thinks is fair.
What's the judge's excuse? Why can't this child -- who suffered for 10 years with his parents, only to suffer his next four years of life in TYC -- come home for Christmas?
The trial judge wants to wait till the full Appellate Court grades the papers of its three-justice panel. Usually, appellate court decisions are rendered by panels of three justices who collectively render an opinion. If someone requests it, that panel decision can be reviewed by the entire appellate court -- and all the justices come together for a collective result.
Ridiculous. Sad. Sounds a lot like this boy just keep getting abused, doesn't it?
Free this boy!!! Perhaps the 14th Court of Appeals can do something here -- something like justice????
Sources:
Houston Chronicle
http://www.chron.com/disp/story.mpl/ap/tx/6174465.html
MSNBC
http://www.msnbc.msn.com/id/28349732/
FoxHouston (includes the 14th Court of Appeals Opinion)
http://www.myfoxhouston.com/myfox/pages/News/Detail?contentId=8052929&version=1&locale=EN-US&layoutCode=TSTY&pageId=3.2.1
Right now, a kid sits in jail over this Christmas holiday because a judge said so - a boy who everyone knows suffered physical abuse from his father for years must spend another Christmas behind bars.
And, even though the 14th Court of Appeals says this kid didn't get a fair trial the first time.
Who is this kid?
We don't know his name - that much is being protected. We do know that he is a boy who at the age of 10, after no adult would listen to him, took matters into his own hands to protect himself and his little brother (two years younger), and shot his father to death when the dad came to pick up the boy and his brother from their mother's home (the parents were divorced).
Get this (and this comes from the 14th Court's opinion):
1. Cops were called to the parents' home on 20 separate occasions on domestic violence calls with each of them -- mother and dad -- being arrested more than once.
2. The boy in jail saw his dad arrested at least 7 times because of physical altercations.
3. This dad was not some fly-by-night guy: the boy's father was an emergency room doctor at the University of Texas hospital in Galveston. That's right: an ER doctor.
4. When the boy was 6, he saw his dad take a hammer to his mother - and the child picked up the phone, trying to get his mother to call 911. She didn't.
5. While a psychologist confirmed that the boy had been sexually abused, and while the mother found the boy exhibiting behaviors that are known to be evidence of sexual abuse, nothing was done after the boy outcried that his father was the perpetrator -- CPS was inept, the police didn't file charges. And this was true for authorities in both Houston and Galveston. The dad didn't lose parental rights or visitation.
6. The boy was beaten by his father - the father used his hands or a leather belt.
7. The boy was afraid to take a bath in his father's home because of fear of molestation. He took a beating rather than take a bath.
8. The father was known to have "intermittent explosive disorder" and was also known not to be taking medication to combat the condition.
9. Cops had to be called to make the boys get in the car to go on legal visitation with their dad.
10. The father's new girlfriend hit the boys, called them names like "pigs" and "turds" and would lock the boys out of the house. The boy could not stop the girlfriend from "whipping" his little brother with a belt.
11. The boy was under the care of both a psychiatrist and a psychologist at the time of the shooting.
12. He had been given Prozac for depression.
What? What's going on here?
Four years ago, this 10 year old boy from Katy, Texas, was tried and convicted of shooting his father to death as the dad came to pick up the boy and his brother from their mother's home (the parents were divorced). He pulled a pistol out of his backpack and shot his father through the driver's seat of the SUV as the boy and his brother were being picked up for weekend visitation.
Last week, the 14th Court of Appeals reversed that conviction. The boy did not get a fair trial.
What was unfair? The appellate court found that the jury didn't get to hear evidence about how that boy thought he was defending himself and his kid brother from his dad. Part of that evidence included this 10 year old meeting with a psychologist just hours before the shooting, outcrying that he was afraid of his father, as well as this child telling a variety of authorities many times that he was scared of his dad.
According to the Appellate Court, this boy should have a new trial, where evidence that he was trying to protect his brother and himself could be a part of the jury's consideration of his guilt or innocence.
Apparently, the Houston judge doesn't care what the Appellate Court thinks is fair.
What's the judge's excuse? Why can't this child -- who suffered for 10 years with his parents, only to suffer his next four years of life in TYC -- come home for Christmas?
The trial judge wants to wait till the full Appellate Court grades the papers of its three-justice panel. Usually, appellate court decisions are rendered by panels of three justices who collectively render an opinion. If someone requests it, that panel decision can be reviewed by the entire appellate court -- and all the justices come together for a collective result.
Ridiculous. Sad. Sounds a lot like this boy just keep getting abused, doesn't it?
Free this boy!!! Perhaps the 14th Court of Appeals can do something here -- something like justice????
Sources:
Houston Chronicle
http://www.chron.com/disp/story.mpl/ap/tx/6174465.html
MSNBC
http://www.msnbc.msn.com/id/28349732/
FoxHouston (includes the 14th Court of Appeals Opinion)
http://www.myfoxhouston.com/myfox/pages/News/Detail?contentId=8052929&version=1&locale=EN-US&layoutCode=TSTY&pageId=3.2.1
Wednesday, 29 October 2008
JUDGE WATCH: Austin Judge Thinks His Power Includes Ordering Woman Not to Get Pregnant
By:
Eko Marwanto
08:56
Here in Texas, even a state district judge can be a man with a hat and no cattle ....
Last month, Travis County Judge Charlie Baird faced off against 20-year-old Felicia Salazar, who admitted to the court that she had failed to properly protect her 19-month-old daughter from the child's father - who had beat the baby, breaking bones and causing other injuries.
Felicia and the baby daddy both had their parental rights to the child terminated, and the little girl was placed in foster care. Meanwhile, the father was sentenced to 15 years in prison.
When it came time for Felicia Salazar to face the music, she stood before Judge Baird with no prior criminal history and an acknowledgement that she'd failed her daughter -- and with her defense attorney, she'd entered into a plea bargain with prosecutors, where she would get 10 years probation. It was time for the Judge to impose conditions upon that probation, and usually judges require things like community service and mental health treatment.
Judge Baird did impose standard conditions to Felicia's probation: she has to perform 100 hours of community service, and she's got to undergo a mental health assessment. But Judge Baird went one further: he ordered Felicia NOT TO HAVE CHILDREN FOR THE NEXT TEN YEARS.
Can a judge really order a woman not to have a child? Really???
Nope. Of course, the Judge thinks so. He's told the media that it's a reasonable condition of her probation. And, there are those who would argue that it's all too often that parents who have had parental rights terminated just repeat the abuse cycle when they bear new offspring. They'd see this as avoiding a tragedy, and applaud Judge Baird's efforts.
They'd be wrong. This just isn't constitutional, period. A trial court judge can't tell someone that they can't have children. It's exceeding his power. Blatantly.
1. A man elected to preside over criminal proceedings doesn't have the authority to tell a 20 year old woman that she can't have a baby at any time, much less until she's 30 years old.
2. Even assuming that somehow this action could be justified, this would still be overreaching in this situation -- the woman has no prior history with criminal authorities or Child Protective Services, and she herself was not the one who committed the violent acts. I believe we can all read between the lines here: she looks to be a woman who cowered before an abusive boyfriend, and was too weak to stop him. What about getting her classes in parenting? life management? individual counseling?
3. How enforcable is this? What if she does get pregnant - is the Judge going to order that she have an abortion, in addition to revoking her probation and sending her to jail? Ridiculous.
Dangerous precedent being set here -- and in Wisconsin.
As much as this sounds like some story out of the annals of Judge Roy Bean, it appears that Felicia may be stuck with Judge Baird's ruling. Her attorney hasn't filed an appeal. Heck, Felicia may be counting her blessings that she's not behind bars, and she's happy enough right now.
If so, Felicia's challenge may come up later -- when she gets pregnant, and some probation officer tries to throw her in jail for violating a condition of her probation. Then, her lawyer will get this arrogant, unconstitutional ruling overthrown -- hopefully.
Why hopefully? Because up in Wisconsin, there sits on the books a case where a father of 10 kids got caught for not paying child support. As a condition of his probation, he was ordered not to father any more children. The Wisconsin Supreme Court upheld that decision.
Criminal Defense is all about Protecting Our Rights
Every single criminal defense attorney in this country gets questioned on almost a daily basis with a version of the same query: 'how can you represent those bad, guilty people who did horrible things to good folk?'
And, every single criminal defense attorney in this country has to remind people on almost a daily basis that those accused clients, in each and every case, are testing the strength of our judicial system -- a system of rights that serves to provide justice and freedom for each and every one of us.
The System of Rights that Protects All of Us is Weaker Today Because of this Decision
Felicia Salazar admitted to not being a good mother. Judge Baird thinks he's doing the right thing by keeping her from becoming a mother again. But, to you and to me, a constitutional right has been disrespected and weakened here and we should all be very concerned about this.
Any time the rights of any single individual are denied, one brick in that system of freedoms we all hold dear falls away.
Source:
Austin American Statesman
http://www.statesman.com/news/content/news/stories/local/09/12/0912salazar.html
Last month, Travis County Judge Charlie Baird faced off against 20-year-old Felicia Salazar, who admitted to the court that she had failed to properly protect her 19-month-old daughter from the child's father - who had beat the baby, breaking bones and causing other injuries.
Felicia and the baby daddy both had their parental rights to the child terminated, and the little girl was placed in foster care. Meanwhile, the father was sentenced to 15 years in prison.
When it came time for Felicia Salazar to face the music, she stood before Judge Baird with no prior criminal history and an acknowledgement that she'd failed her daughter -- and with her defense attorney, she'd entered into a plea bargain with prosecutors, where she would get 10 years probation. It was time for the Judge to impose conditions upon that probation, and usually judges require things like community service and mental health treatment.
Judge Baird did impose standard conditions to Felicia's probation: she has to perform 100 hours of community service, and she's got to undergo a mental health assessment. But Judge Baird went one further: he ordered Felicia NOT TO HAVE CHILDREN FOR THE NEXT TEN YEARS.
Can a judge really order a woman not to have a child? Really???
Nope. Of course, the Judge thinks so. He's told the media that it's a reasonable condition of her probation. And, there are those who would argue that it's all too often that parents who have had parental rights terminated just repeat the abuse cycle when they bear new offspring. They'd see this as avoiding a tragedy, and applaud Judge Baird's efforts.
They'd be wrong. This just isn't constitutional, period. A trial court judge can't tell someone that they can't have children. It's exceeding his power. Blatantly.
1. A man elected to preside over criminal proceedings doesn't have the authority to tell a 20 year old woman that she can't have a baby at any time, much less until she's 30 years old.
2. Even assuming that somehow this action could be justified, this would still be overreaching in this situation -- the woman has no prior history with criminal authorities or Child Protective Services, and she herself was not the one who committed the violent acts. I believe we can all read between the lines here: she looks to be a woman who cowered before an abusive boyfriend, and was too weak to stop him. What about getting her classes in parenting? life management? individual counseling?
3. How enforcable is this? What if she does get pregnant - is the Judge going to order that she have an abortion, in addition to revoking her probation and sending her to jail? Ridiculous.
Dangerous precedent being set here -- and in Wisconsin.
As much as this sounds like some story out of the annals of Judge Roy Bean, it appears that Felicia may be stuck with Judge Baird's ruling. Her attorney hasn't filed an appeal. Heck, Felicia may be counting her blessings that she's not behind bars, and she's happy enough right now.
If so, Felicia's challenge may come up later -- when she gets pregnant, and some probation officer tries to throw her in jail for violating a condition of her probation. Then, her lawyer will get this arrogant, unconstitutional ruling overthrown -- hopefully.
Why hopefully? Because up in Wisconsin, there sits on the books a case where a father of 10 kids got caught for not paying child support. As a condition of his probation, he was ordered not to father any more children. The Wisconsin Supreme Court upheld that decision.
Criminal Defense is all about Protecting Our Rights
Every single criminal defense attorney in this country gets questioned on almost a daily basis with a version of the same query: 'how can you represent those bad, guilty people who did horrible things to good folk?'
And, every single criminal defense attorney in this country has to remind people on almost a daily basis that those accused clients, in each and every case, are testing the strength of our judicial system -- a system of rights that serves to provide justice and freedom for each and every one of us.
The System of Rights that Protects All of Us is Weaker Today Because of this Decision
Felicia Salazar admitted to not being a good mother. Judge Baird thinks he's doing the right thing by keeping her from becoming a mother again. But, to you and to me, a constitutional right has been disrespected and weakened here and we should all be very concerned about this.
Any time the rights of any single individual are denied, one brick in that system of freedoms we all hold dear falls away.
Source:
Austin American Statesman
http://www.statesman.com/news/content/news/stories/local/09/12/0912salazar.html
Wednesday, 1 October 2008
JUDGE WATCH: Galveston Federal Judge Sam Kent Indicted For Sex Crimes
By:
Eko Marwanto
05:49
Hurricane Ike isn't the worst of problems for Sam Kent, who presides as judge over the Federal District Court over in Galveston. Ike's actually been a big help to Judge Kent.
Judge Kent has been indicted (formally charged) with three crimes: (1) two counts of abusive sexual contact and (2) one count of attempted aggravated sexual abuse. His trial was initially set for the first week of November, in a Houston federal courtroom -- now that Ike's done its damage, the trial has just been moved back to January 2009.
First Federal Judge to ever be charged with federal sex crimes
Judge Kent is the first federal judge - ever - to be charged with federal sex crimes. If he is convicted, he could face life imprisonment and a fine of $250,000.00. Judge Kent is 59 years old.
What's the story? No one's denying something happened ...
Judge Kent's former case manager has said that the judge groped her, and tried to force her into a sexual act. The Department of Justice investigated, and these formal charges are the result of that investigation.
Judge Kent calls the charges “flagrant, scurrilous” (quoting the New York Times) and promises lots of witnesses will testify on his behalf. Judge Kent also told Fifth Circuit Judge Ed Prado, when he was asked to formally respond to these charges, “I plead absolutely, unequivocally not guilty and look very much forward to a trial on the merits.” (NYT)
His attorney, Dick DeGuerin, isn't denying that something happen between the judge and the employee; instead, DeGuerin has explained that what happened between them was consensual. “To charge Judge Kent of conduct of which he is absolutely innocent based on this kind of flimsy evidence is inexcusable and we will fight it to the bitter end,” DeGuerin said (quoting the Wall Street Journal).
In the meantime, the Judge is on the bench ....
Innocent until proven guilty, Judge Kent is still hearing cases from the bench.
Sources:
New York Times
http://www.nytimes.com/2008/09/04/us/04brfs-JUDGEPLEADSN_BRF.html?ref=us
Houston Chronicle
http://www.chron.com/disp/story.mpl/front/6027380.html
Wall Street Journal
http://blogs.wsj.com/law/2008/09/02/kent-not-spent-judge-to-continue-hearing-cases-pending-indictment/
Judge Kent has been indicted (formally charged) with three crimes: (1) two counts of abusive sexual contact and (2) one count of attempted aggravated sexual abuse. His trial was initially set for the first week of November, in a Houston federal courtroom -- now that Ike's done its damage, the trial has just been moved back to January 2009.
First Federal Judge to ever be charged with federal sex crimes
Judge Kent is the first federal judge - ever - to be charged with federal sex crimes. If he is convicted, he could face life imprisonment and a fine of $250,000.00. Judge Kent is 59 years old.
What's the story? No one's denying something happened ...
Judge Kent's former case manager has said that the judge groped her, and tried to force her into a sexual act. The Department of Justice investigated, and these formal charges are the result of that investigation.
Judge Kent calls the charges “flagrant, scurrilous” (quoting the New York Times) and promises lots of witnesses will testify on his behalf. Judge Kent also told Fifth Circuit Judge Ed Prado, when he was asked to formally respond to these charges, “I plead absolutely, unequivocally not guilty and look very much forward to a trial on the merits.” (NYT)
His attorney, Dick DeGuerin, isn't denying that something happen between the judge and the employee; instead, DeGuerin has explained that what happened between them was consensual. “To charge Judge Kent of conduct of which he is absolutely innocent based on this kind of flimsy evidence is inexcusable and we will fight it to the bitter end,” DeGuerin said (quoting the Wall Street Journal).
In the meantime, the Judge is on the bench ....
Innocent until proven guilty, Judge Kent is still hearing cases from the bench.
Sources:
New York Times
http://www.nytimes.com/2008/09/04/us/04brfs-JUDGEPLEADSN_BRF.html?ref=us
Houston Chronicle
http://www.chron.com/disp/story.mpl/front/6027380.html
Wall Street Journal
http://blogs.wsj.com/law/2008/09/02/kent-not-spent-judge-to-continue-hearing-cases-pending-indictment/
Monday, 22 September 2008
JUDGE WATCH: Judge Priddy's Law License Suspended But He's Still On the Bench
By:
Eko Marwanto
07:14
Bruce Priddy is a state district court judge, presiding over civil cases in the 116th Judicial District Court of Dallas County, Texas. You can see him today, in his robes and on the bench, down at the courthouse (New Tower) on Commerce Street.
He hears non-criminal matters that can be complex and involve a lot of money. For example, this past June the Dallas company ICC Energy Corporation filed a big lawsuit in his court against Oklahoma City's Chesapeake Energy Corp (NYSE: CHK) claiming that Chesapeake breached a deal with ICC to market gas from the Barnett Shale at the Dallas-Fort Worth International Airport. Millions are at stake.
Presiding Judge Priddy's License Pulled for "Professional Misconduct"
What's interesting is that while Judge Priddy can preside over civil matters, ruling on motions made by attorneys, and accepting verdicts found by juries, he cannot practice law right now. His law license has been suspended by the State Bar of Texas for "professional misconduct."
Yes, that's right: in this State, a judge can still preside over a courtroom even if his law license has been suspended. For professional misconduct. Whoa.
Diane Jennings at the Dallas Morning News apparently thought this was strange, and asked the Executive Director of the State Commission on Judicial Conduct about the situation. Jennings reports that the director, Seana Willing, explained: "He was qualified when he stood for election ...[t]he fact that he, for the next three months, will have his license suspended, I don't think it's a constitutional disqualification."
Constitutional disqualification. Right.
Judge Priddy's Also Been Sued by the AG (Who Won) and His DUI Trial is Set for November
And guess what? Jennings has discovered that Judge Priddy:
2. In November 2007, Judge Priddy was arrested on suspicion of driving under the influence. That DUI case is scheduled for trial this November. According to the records, Judge Priddy told the cops that he has a "motor-coordination problem" and that he is diabetic.
Sources:
He hears non-criminal matters that can be complex and involve a lot of money. For example, this past June the Dallas company ICC Energy Corporation filed a big lawsuit in his court against Oklahoma City's Chesapeake Energy Corp (NYSE: CHK) claiming that Chesapeake breached a deal with ICC to market gas from the Barnett Shale at the Dallas-Fort Worth International Airport. Millions are at stake.
Presiding Judge Priddy's License Pulled for "Professional Misconduct"
What's interesting is that while Judge Priddy can preside over civil matters, ruling on motions made by attorneys, and accepting verdicts found by juries, he cannot practice law right now. His law license has been suspended by the State Bar of Texas for "professional misconduct."
Yes, that's right: in this State, a judge can still preside over a courtroom even if his law license has been suspended. For professional misconduct. Whoa.
Diane Jennings at the Dallas Morning News apparently thought this was strange, and asked the Executive Director of the State Commission on Judicial Conduct about the situation. Jennings reports that the director, Seana Willing, explained: "He was qualified when he stood for election ...[t]he fact that he, for the next three months, will have his license suspended, I don't think it's a constitutional disqualification."
Constitutional disqualification. Right.
Judge Priddy's Also Been Sued by the AG (Who Won) and His DUI Trial is Set for November
And guess what? Jennings has discovered that Judge Priddy:
1. also has the distinction of being the first sitting judge in the history of the State of Texas to be sued -- yep, sued -- by the Texas Attorney General. The Attorney General sued Judge Priddy and got judgments against the Judge for failing to file campaign finance reports with the state Ethics Commission. Judge Priddy got $39,000 in fines and after paying $31,500 to the Ethics Commission, the remaining $7,900 was recovered by garnisheeing his bank account. He still owes the State thousands in attorneys' fees, accrued interest, and a $500 late filing penalty.
2. In November 2007, Judge Priddy was arrested on suspicion of driving under the influence. That DUI case is scheduled for trial this November. According to the records, Judge Priddy told the cops that he has a "motor-coordination problem" and that he is diabetic.
Just one more example of how we're building confidence in the judicial system these days.
Sources:
Dallas Morning News
Reuters
Wednesday, 10 September 2008
JUDGE WATCH: Secret Love Affair Between Trial Judge and DA Stops Execution?
By:
Eko Marwanto
07:58
Charles Dean Hood was scheduled to be executed today for the 1989 killings of Tracie Wallace and Ronald Williamson. Hood's been staring the death penalty in the face for almost twenty years.
Yesterday, things changed.
The highest criminal court in the state, the Court of Criminal Appeals in Austin, issued a stay of execution on Execution Eve, purportedly to consider arguments made in his criminal appeal that the jury got bad instructions on the law, way back when.
However, many are thinking the real reason that Charles Dean Hood lives to fight another day is because of a civil suit filed on his behalf, which enabled his attorneys to take the sworn testimony of the judge who presided over his trial as well as the prosecutor.
The Secret Love Affair
What's the big deal about these depositions? Well, it appears that courthouse gossip was true.
Former Collin County Judge Verla Sue Holland and Collin County District Attorney Thomas O'Connell reportedly admitted to being romantically involved during the time period when the Hood case was tried. It was a secret they'd kept all these years.
Here's a part of the letter that Gregory Wiercloch, Hood's attorney, wrote to Governor Rick Perry:
Last week, the Texas Attorney General asked for a reprieve, so the Secret Love Affair rumors could be investigated.
Defense Attorney Nightmare
Talk about a criminal defense attorney's nightmare! You're trying a murder case with the possibility of death row, and the Judge and the prosecutor are an item. It's the stuff of a Law & Order episode.
The Brave Soul
How did all this happen? It appears that an attorney who worked as an assistant DA in Collin County during the time of the Hood trial had the courage and integrity to step forward and provide Hood's civil lawyers with a sworn affidavit, swearing that it was common knowledge at the time that there was a rumored romance between the trial judge and the prosecutor in the case.
This affidavit gave Hood's civil attorneys the legal ammo they needed to move the court for these depositions to be taken, in the face of arguments against them.
It's true that Judge Brewer, presiding over the civil case, then had the fortitude to allow the depositions to proceed - with a gag order. However, it took a lot of spunk for that attorney to provide that affidavit for all the world to see -- including fellow attorneys who may decide to ostracize this whistleblower.
Editorials are being written about giving credit to Judge Brewer -- it would be nice to see some hat-tipping to this brave attorney, too.
The Underlying Crime
What was Hood's crime? Hood (now 39) was found guilty and sentenced to death for shooting to death Ron Williamson, his boss. and Williamson's girlfriend, Tracie Wallace, along with stealing Williamson's car and credit cards, along with some jewelry. Hood was arrested in Indiana, and returned to Texas for trial. Hood still maintains his innocence.
Sources:
Reuters.Com (http://www.reuters.com/article/newsOne/idUSN0934589420080910)
New York Times (http://www.nytimes.com/2008/09/10/us/10texas.html?_r=1&scp=1&sq=Charles%20Dean%20Hood&st=cse&oref=slogin)
DallasMorningNews.Com (http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-hood_10edi.ART.State.Edition1.26ae2e0.html)
Yesterday, things changed.
The highest criminal court in the state, the Court of Criminal Appeals in Austin, issued a stay of execution on Execution Eve, purportedly to consider arguments made in his criminal appeal that the jury got bad instructions on the law, way back when.
However, many are thinking the real reason that Charles Dean Hood lives to fight another day is because of a civil suit filed on his behalf, which enabled his attorneys to take the sworn testimony of the judge who presided over his trial as well as the prosecutor.
The Secret Love Affair
What's the big deal about these depositions? Well, it appears that courthouse gossip was true.
Former Collin County Judge Verla Sue Holland and Collin County District Attorney Thomas O'Connell reportedly admitted to being romantically involved during the time period when the Hood case was tried. It was a secret they'd kept all these years.
Here's a part of the letter that Gregory Wiercloch, Hood's attorney, wrote to Governor Rick Perry:
“Judge Holland and Mr. O’Connell confirmed that they kept the relationship secret .... She never disclosed it to a single litigant or lawyer who appeared before her, and she never recused herself from hearing a single case because of her affair with the elected district attorney.... Similarly, Mr. O’Connell never disclosed the romantic relationship to any of his adversaries nor did he recuse himself or his office from prosecuting a single case because of his affair with Judge Holland.”
Last week, the Texas Attorney General asked for a reprieve, so the Secret Love Affair rumors could be investigated.
Defense Attorney Nightmare
Talk about a criminal defense attorney's nightmare! You're trying a murder case with the possibility of death row, and the Judge and the prosecutor are an item. It's the stuff of a Law & Order episode.
The Brave Soul
How did all this happen? It appears that an attorney who worked as an assistant DA in Collin County during the time of the Hood trial had the courage and integrity to step forward and provide Hood's civil lawyers with a sworn affidavit, swearing that it was common knowledge at the time that there was a rumored romance between the trial judge and the prosecutor in the case.
This affidavit gave Hood's civil attorneys the legal ammo they needed to move the court for these depositions to be taken, in the face of arguments against them.
It's true that Judge Brewer, presiding over the civil case, then had the fortitude to allow the depositions to proceed - with a gag order. However, it took a lot of spunk for that attorney to provide that affidavit for all the world to see -- including fellow attorneys who may decide to ostracize this whistleblower.
Editorials are being written about giving credit to Judge Brewer -- it would be nice to see some hat-tipping to this brave attorney, too.
The Underlying Crime
What was Hood's crime? Hood (now 39) was found guilty and sentenced to death for shooting to death Ron Williamson, his boss. and Williamson's girlfriend, Tracie Wallace, along with stealing Williamson's car and credit cards, along with some jewelry. Hood was arrested in Indiana, and returned to Texas for trial. Hood still maintains his innocence.
Sources:
Reuters.Com (http://www.reuters.com/article/newsOne/idUSN0934589420080910)
New York Times (http://www.nytimes.com/2008/09/10/us/10texas.html?_r=1&scp=1&sq=Charles%20Dean%20Hood&st=cse&oref=slogin)
DallasMorningNews.Com (http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-hood_10edi.ART.State.Edition1.26ae2e0.html)
Monday, 1 May 2006
Collin County Justice
By:
Eko Marwanto
20:40
Questionable Collin County Indictments Get New Life
Collin County prosecutor Chris Milner has had some mixed results. However, the Texas Court of Criminal Appeals recently breathed new life into Mr. Milner's case against Dallas Attorney Jim Vasilas.
As far as the Court of Criminal Appeals is concerned, a lawyer that makes a mistake in a civil Petition he filed can be charged with Felony Tampering With a Governmental Record. After both a Collin County District Judge and the Dallas Court of Appeals logically reasoned that a Petition generated by and filed by a lawyer could not be a "governmental record", the high court somehow found that it could be part of the definition set by the legislature. Unless the Dallas Court of Appeals rules that the Rule 11 provisions of the Texas Rules of Civil Procedure is in pari materia to this type of obtuse allegation, the Court of Crimial Appeals cleared the way to prosecuting all civil and criminal lawyers for making mistakes in their Petitions or other records typically filed by lawyers in Texas.
Collin County prosecutor Chris Milner has had some mixed results. However, the Texas Court of Criminal Appeals recently breathed new life into Mr. Milner's case against Dallas Attorney Jim Vasilas.
As far as the Court of Criminal Appeals is concerned, a lawyer that makes a mistake in a civil Petition he filed can be charged with Felony Tampering With a Governmental Record. After both a Collin County District Judge and the Dallas Court of Appeals logically reasoned that a Petition generated by and filed by a lawyer could not be a "governmental record", the high court somehow found that it could be part of the definition set by the legislature. Unless the Dallas Court of Appeals rules that the Rule 11 provisions of the Texas Rules of Civil Procedure is in pari materia to this type of obtuse allegation, the Court of Crimial Appeals cleared the way to prosecuting all civil and criminal lawyers for making mistakes in their Petitions or other records typically filed by lawyers in Texas.
Saturday, 21 May 2005
By:
Eko Marwanto
09:24
IF A DISTRICT ATTORNEY REFUSES TO TAKE FIELD SOBRIETY TESTS AND THE BREATH TEST, WHAT SHOULD YOU DO?
As a criminal defense lawyer I am often asked if stopped for DWI in Texas, whether one should submit to a breath test or the field sobriety (drunk) tests. If there was a debate, the debate is officially over.
Hutchison and Hansford County District Attorney Clay Ballman pulled a drunk driving hit and run a few nights ago. After running away from the scene of his drunk driving accident, he was apprehended by Borger police. The DA's car was found by police abandoned on a residential road in Borger shortly after his vehicle was involved in a collision.
When given an opportunity to follow the implied consent law he has sworn to uphold, Mr. Ballman refused to give a specimen of his breath. He also refused all field sobriety tests. Folks, if the District Attorney doesn't rely on these test when it comes to his freedom, why should anyone else? That should tell you all you need to know about the reliability of these "tests."
Here's the kicker. Apparently, the local police could not clean this one up like they did before. Mr. Ballman was allegedly pulled over for DWI about a year ago and was let go. Of course, the video has been destroyed; ooops!!
Thursday, 12 May 2005
By:
Eko Marwanto
16:24
DISTRICT JUDGE FORCED TO STEP DOWN ON SERIES OF CASES
Criminal defense lawyer Laura Cass filed a motion to recuse State District Judge Rick Davis. Judge Davis accussed Cass of being a racist and compared her to a Nazi guard at Auschwitz while she served as an Assistant DA in his court. The Nazi comments were originally made in 2001 when Cass was a prosecutor in his court. Judge Davis was reprimanded by a 3 Judge panel appointed by the Texas Supreme Court and ordered to attend Anger Management class.
Judge Davis' anger problems apparantly relapsed recently when he launched his website wherein he again commented about the incident involving Ms. Cass. Judge Olen Underwood agreed with Cass and ordered Davis recused on a series of cases one of which is a Capital Murder case. In that case, Brazos County DA Bill Turner sought to have Judge Davis recused also. Original article
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