Off the Kuff Rotating Header Image

Crime and Punishment

More and better police data, please

Like this.

The Texas Commission on Law Enforcement will ask nearly 2,000 Texas law enforcement agencies to resubmit information legislators intended be used to analyze whether police were treating minority motorists differently — but which turned out to be worthless because TCOLE neglected to ask departments to include the race of the drivers in some of the data.

The change comes days after Hearst Newspapers published a story detailing how the information, required by the 2017 Sandra Bland Act, was impossible to use.

“I’m trying to jump on it pretty fast,” said state Rep. Garnet Coleman, D-Houston, a sponsor of the bill, who said he spoke Monday morning with TCOLE and they had agreed to correct the problem.

Coleman said he also has asked the agency to work with academic experts to ensure the information it is asking of Texas law enforcement agencies can be used to actually conduct racial bias analyses. Alex del Carmen, a criminal justice professor at Tarleton State University who helps train police executives, said he worked Sunday to create a survey that would produce the necessary information.

Coleman said the new list of questions will be used to gather the information for 2020. But he added the agency said it would also contact police departments to ask them to redo their 2019 surveys, originally submitted in March.

I mean, I’m glad this is happening now, but it’s more than a little embarrassing that the initial data collection was this lacking. Whose job was it to do quality assurance? Kudos to the Chron for bringing this to light.

And let me just add, while it is quite fashionable now to dunk on the idea of “running government like a business”, as someone who has worked for a Large Corporation for many years, this kind of data collection is absolutely the sort of things successful businesses do. It’s critical, to know if what you’re doing is working, to identify and learn from errors, to spot trends and respond to them, and so on and so forth. And really, it’s not that hard to do. Shame on TCOLE for such a shoddy first effort.

And also like this.

Two state lawmakers who reviewed a copy of the Houston Police Department’s audit of its narcotics division are calling on Chief Art Acevedo to release the document to the public.

“The reality is, there’s nothing in this the public should not be aware of,” Texas Sen. Paul Bettancourt said. “The real question is, what are they going to do about it?”

The police department performed the audit after last year’s disastrous Harding Street raid. Two homeowners died in the raid, and investigators later accused former officer Gerald Goines of lying to obtain the warrant on which he based the raid. He is now charged with murder.

In the wake of the incident, the police department launched an internal criminal probe, along with an administrative audit of the Narcotics Division.

[…]

In February, after questions from the Chronicle, Rep. Gene Wu, D-Houston, and a coalition of other Houston-area state representatives called on Acevedo to make the document public. The chief balked, saying he did not want to endanger the county’s criminal case against Goines and said the document included the names of undercover officers and could reveal information about confidential informants.

Because of the nondisclosure agreement, Wu said he could not comment on the specifics of the document. But he said that reviewing it only confirmed his belief that it should be public.

“Even without the redactions, there is little that can be gleaned from it that is not already public knowledge or could in any sense jeopardize an ongoing investigation or prosecution,” he said.

Yes, release the audit. The public needs to know. The criminal case will be fine – Kim Ogg is filing a bunch more charges now, in part because everyone involved seems to have a problem with telling the truth – but even if that were a problem, this is HPD’s mess. They need to come clean. The Chron editorial board and Odus Evbagharu, Chief of Staff to State Rep. Jon Rosenthal, have more.

UPDATE: And just like that, a draft of the audit was released on Twitter. Here’s a Chron story about it. Now let’s see some followup on this, because audits are all about actions.

Kaylynn Williford

Goodbye, and good riddance.

The head prosecutor for Harris County District Attorney Kim Ogg’s trial division resigned Monday after posting a meme on Facebook last week that equated protesters who remove Confederate statutes with Nazis.

The meme posted by the veteran prosecutor last week shows a black-and-white photograph of hands holding an overflowing bin of rings.

It says, “Wedding bands that were removed from Holocaust victims prior to being executed, 1945. Each ring represents a destroyed family. Never forget, Nazis tore down statues. Banned free speech. Blamed economic hardships on one group of people. Instituted gun control. Sound Familiar?”

Assistant District Attorney Kaylynn Williford said in a statement that she took down the post after a friend’s daughter and later a Jewish lawyer told her they found it offensive to compare the two groups. Williford, a 28-year-veteran of the office who has tried major capital cases, said this was never her intent.

She posted it, she said, because she thought it was “thought provoking and promoted tolerance.”

You can see what she posted in that earlier story, which came out over the weekend. I held off on posting about this mostly because I wanted to see what the reaction from the DA’s office was going to be first. A group of Democratic State Reps had called for her resignation earlier in the day, and eventually got what they asked for. All I can say is that if Kaylynn Williford really truly had no idea that her stupid image was offensive and why it was offensive, then she should have been fired years ago and should never get on Facebook again. Even if you were to somehow grant her some kind of Sleeping Beauty-level exemption for deeply childlike innocent ignorance, the controlling principle of “don’t post political shit to Facebook if you don’t understand it” should apply. You know the old saying about how it’s better to keep silent and be thought a fool than open your mouth and remove all doubt? It was for situations like this that it was first uttered. Keri Blakinger has more.

Here comes the police task force

Now let’s see them do something.

Mayor Sylvester Turner

Mayor Sylvester Turner on Wednesday announced the appointment of 45 people to a task force that will review Houston Police Department policies for potential reforms.

Laurence “Larry” Payne, a former staffer of Mayor Kathy Whitmire and U.S. Rep. Mickey Leland, will chair the committee, which includes activists, academics, business leaders, law enforcement officials and clergy.

Among them: Judson Robinson III of the Houston Area Urban League; Hispanic Chamber of Commerce CEO Laura Murillo; former criminal district court judge Marc Carter; George Ryne of the Texas Anti-Gang Center; and rapper Trae the Truth. The full list can be found here.

The task force is expected to bring recommendations in the next 60 days and to complete a report by Sept. 1, Turner said. Its work will invite widespread scrutiny from activists in the community who have pushed for far-reaching reforms and redirecting city funds away from police.

The launch of the working group was met with skepticism by some activists, who argued the city has studied the issue thoroughly in the past and that it is time for action.

“We believe it when we see it. Because we’ve never seen it,” said Tarsha Jackson, an advocate who formerly was the criminal justice director for the Texas Organizing Project.

See here for the background. There was more where that came from on Thursday.

More than 100 people called into a Houston city council committee meeting Thursday to demand that city leaders strengthen oversight of the police or dismantle the department altogether, as council members sought more information from law enforcement officials about potential reforms.

Among the hightlights: the Houston Police Department is not required to tell neighboring agencies when one of its recruits fails a psychological screening; and the chair of the Independent Police Oversight Board — one of the primary targets for reform among advocates and some elected officials — struggled to answer simple questions about how the board’s work could be improved.

Speaking in two-minute intervals, scores of residents challenged City Hall — often in harsh terms — to trade task forces and promises for direct, immediate action in the wake of protests over the death of Houstonian George Floyd. Their comments came a day after Mayor Sylvester Turner revealed the 45 members who will serve on his police reform task force, which generated widespread skepticism that continued Thursday into the committee meeting.

Roughly half the residents who called into the eight-hour meeting advocated for dismantling the police department, with some endorsing a strategy to strip a quarter of its funds every year for four years. They urged that those resources be diverted to other services, such as housing and health care. Other frequent targets included the oversight board; the negotiations underway for a new contract with the Houston Police Officers’ Union; and the department’s refusal to release body camera video and an audit of its narcotics division.

Skepticism is an entirely fair and rational response, and I say that as a supporter of Mayor Turner. I don’t know what this task force might come up with that hasn’t already been proposed, but at least we’ll find out in relatively short order. If I were advising Mayor Turner, I’d go back and review some of those things, and see which of them I could get implemented now, via another executive order or Council action. Maybe the value this task force can provide is by blunting the usual opposition to any meaningful change. Let’s just say the clock is running, and the case for decisive action will never be greater. Transform Houston has more.

Back to Collin County for the Paxton trial

Where it all began.

Best mugshot ever

Years after it was sent to Harris County, the criminal case against Texas Attorney General Ken Paxton will move back to his native Collin County, a Harris County judge ruled Thursday.

Paxton, a Republican, was indicted in 2015 on felony securities fraud charges, but the case has yet to go to trial as side battles persist over the venue where he will be tried and the amount the special prosecutors will be paid.

A judge moved Paxton’s case to Harris County years ago, after prosecutors said they could not get a fair trial in Collin County, Paxton’s home and former district from his time in the state Legislature. His wife, state Sen. Angela Paxton, R-McKinney, now represents the region.

But Ken Paxton’s defense team argued last year that the judge who initially ordered the move to Harris County did not have the authority to do so, as his time overseeing the case had elapsed. The two attorneys prosecuting Paxton, Brian Wice and Kent Schaffer, disputed that at a December hearing and said the case belongs in Harris County. But Judge Robert Johnson, a Democrat, agreed with Paxton’s defense team in an order this week.

Wice pledged to appeal the decision.

“The only thing more wrong than the judge’s ruling is that it took him almost a year to make it,” he said. “We’re confident the court of appeals will set it aside and keep venue in Harris County where it belongs.”

See here for the previous update, and here for a full timeline of L’Affaire Paxton. Judge Johnson had said at that December hearing that he’d rule by the end of the month. I have no idea what happened with that, but here we are. As I said then, the only sure thing in all this is that it will eventually end up before the Court of Criminal Appeals. I don’t even have it in me to make a joke at this point. The Chron and the DMN have more.

Steps towards more transparency

Step One:

Mayor Sylvester Turner said Friday he is reviewing an internal audit of the Houston Police Department’s embattled narcotics division and will send the results of the probe to state lawmakers who have called for its public release.

Turner revealed the news days after state Rep. Gene Wu, D-Houston, authored a letter signed by seven other House members that called on Police Chief Art Acevedo to publicly release the audit’s findings.

Acevedo ordered the internal probe after the deadly 2019 raid at 7815 Harding St., which ended with the deaths of the home’s two residents and left four police officers shot. Investigators subsequently said that the officer who orchestrated the raid lied to get the warrant used in the operation. That officer, Gerald Goines, has been charged with murder and faces federal civil rights charges.

Twice in the last two weeks, Turner has declined to say whether the audit should be released, and he had not admitted to reviewing it himself until Friday. He said he is giving lawmakers access to the audit as long as they promise not to reveal it to the public.

“As I go through the audit — and I’m going through it now — you don’t want to disclose the identity of officers who have been acting undercover and expose them to risk,” Turner said after a roundtable on police reform at City Hall. “But I do understand the importance of making it available to our legislative colleagues, so that they can see it for themselves.”

[…]

Wu on Friday said it was not enough to release the audit only to lawmakers.

“This is an investigation of a public agency, of public servants’ wrongdoing,” he said. “It’s absolutely 100 percent in the public interest and right to know what public servants are doing. I cannot imagine we would tolerate this from any other city or state agency where we suspected rogue employees or individuals. The public not only has a right to know, it needs to know.”

Rosenthal echoed Wu in calling for the report to go directly to the public, not House members.

“Taxpayers paid for that report, they pay for that department, it belongs to the people,” Rosenthal said. “I’m disappointed they would ask us to not send it to the people. Our ask was that it be made public.”

State Rep. Garnet Coleman, D-Houston, said he “appreciates” Turner’s decision to allow lawmakers to review the audit.

“I think it’s important in this time that transparency is there. In a strong mayor form of government, that is a call the mayor can make,” he said. “I still think it should be public, that hasn’t changed.”

I say again, release the audit. If there are some people named in it who are not under any suspicion or who have no connection to the underlying problems, then go ahead and redact them out of it. Otherwise, I agree completely with what the representatives are saying. This is information for the public.

Step Two:

A group of 20 marched through drizzling rain on the downtown Houston streets Friday where thousands had just gathered for George Floyd, now demanding justice for a Hispanic man killed by police in April.

The rally ended in front of the Harris County Criminal Justice Center, where about a dozen more supporters joined and called for Houston police to release body camera footage of the incident in which 27-year-old Nicolas Chavez was fatally shot by lawmen while, according to a cell-phone video of the encounter, on his knees.

“I know that they’re going to make him look bad and they’re going to try to justify what they did,” said his mother, Leantha Chavez. “In the end, it doesn’t matter what he did. He was on his knees when they shot him and he was unarmed.”

Chavez’s family and friends emphasized that he seemed to be undergoing a mental crisis. His 5-year-old son stood nearby during the gathering outside of the courthouse, holding a sign that read, “Abolish the police!”

Houston Police Department spokesman Kese Smith said while the family viewed their footage, the agency needs to consult with the Harris County District Attorney’s Office before releasing video to the public.

“The family’s wishes are obviously a very important part of it, but we have to have conversations with the District Attorney’s Office as well,” Smith said.

“We are certainly available to police if they want to discuss concerns about body cam videos or any other evidence,” said Dane Schiller, spokesman for the Harris County District Attorney’s Office. “We independently review all officer-involved shootings and we present all the evidence in every instance to a grand jurors, regardless of whether it has previously been made public, so they can determine whether a criminal charge is warranted.”

Houston Police Chief Art Acevedo has asked the FBI to review the April 21 death of Chavez. He called the cell phone video “difficult” to watch but has yet to make public any of the police department’s roughly 70 videos that captured the shooting.

The whole point of body cameras, and the reason why there was such a demand for them in recent years, is precisely because they can shed light on contentious and disputed interactions between the police and the public. If the DA needs some time to review the footage to determine whether or not to bring charges, that’s fine, but let’s not draw this out any longer than necessary. This is, again, information for the public. Let’s act accordingly.

Release the audit

That’s my three-word response to this.

A growing chorus of elected officials is calling on Houston Police Chief Art Acevedo to release the findings of an internal audit on his department’s narcotics division, arguing that the chief’s refusal to do so contradicts his vows to be transparent and accountable.

Acevedo ordered the internal probe after the deadly 2019 raid at 7815 Harding St., which ended with the deaths of two homeowners and left four police officers shot. Investigators subsequently said that the officer who orchestrated the raid lied to get the warrant he used in the operation.

Now, with the death of George Floyd in Minnesota galvanizing worldwide protests and searing scrutiny of police departments across the country, state Reps. Anna Eastman, Christina Morales, Jon Rosenthal, Senfronia Thompson and Gene Wu are renewing their call from March for Acevedo to release the audit. And they are joined by three other members of the Texas House — Garnet Coleman, Gina Calanni and Mary Ann Perez — along with U.S. Rep. Sheila Jackson Lee and more than half of Houston City Council.

Wu, who wrote both letters, said that the chief’s reluctance to release the audit is at odds with his past pledges to be transparent and hold officers accountable.

“The violations of policies, procedures and laws by officers in the Narcotics Division must be made known to the public,” wrote Wu, D-Houston. “If there are other officers who have repeatedly broken the law, the continued concealment of their behavior does a gross disservice to reputations of officers who are doing their jobs well.”

You can read the rest, and you can see a copy of the letter here; page two is visible on Dos Centavos, which is where the signatures are. I mean, being transparent means doing stuff like this. If there really is some content in that audit that might affect prosecutions, a little redaction is acceptable, as long as the substance of the report is not changed. But come on, either you meant it when you said you wanted to be transparent or you didn’t. Show us what you meant.

On a related note:

The mayor shouldn’t pretend that the calls for police reform were suddenly sprung on him this week. His own transition team in 2016 made a litany of reform recommendations. Our organizations participated in the committee, as did senior members of the mayor’s administration. Then in 2017, city council spent $565,000 on a 10-year financial plan that included recommendations to cut some of the 75 percent of the budget spent on public safety over that time span.

Houston does not need another study. What we need is action on the existing recommendations for police reform. After participating in the transition committee, our organizations established the Right2Justice Coalition. We have met regularly to address ongoing issues of policing and criminal justice in Houston and Harris County. Today, we are publishing a progress report of existing recommendations from Turner’s 2016 Transition Committee on Criminal Justice and the 2017 10-year financial plan.

The progress report shows that the city has implemented only a few of the recommended reforms, the most significant being the consolidation of the city’s jails with Harris County in 2019. It has failed to adopt recommendations to develop, in partnership with grassroots organizations, a plan for community policing, to enact a cite-and-release policy to divert people accused of minor offenses from the criminal justice system, to combine 211 and 311 to better meet residents’ needs for non-police services, and to implement a body cam video release policy that “maximizes public access to footage in a prompt manner.”

And instead of civilianizing 443 positions as the 10-year plan recommends to save $5-10 million, the administration has increased the number of officers by 81 and shrunk the number of civilian positions by 258.

Delays in implementing these recommendations in the last three years have further eroded public trust. Turner and Houston Police Chief Art Acevedo’s actions speak louder than words — by that standard, their message is unchanged.

C’mon, guys. The time for action is now. You promised it, we want it. I know you can do it. Don’t let us down.

Meanwhile, the jail is filling up again

We really need to do something about this.

Sheriff Ed Gonzalez

The Harris County Jail population has been steadily rising since late April and is now approaching its pre-pandemic capacity despite early efforts to curb crowding, according to the sheriff’s office.

With an influx of inmates anticipated during the summer months, the jail is facing a “serious crisis,” according to a report Tuesday that a sheriff’s representative classified as “sobering.”

The update about the jail population came in a study the county commissioned from the Justice Management Institute, a Virginia-based nonprofit that works with government agencies to make their courts and jails more efficient.

“The justice system has been struggling since Hurricane Harvey,” Tom Eberly, the organization’s program director announced in video testimony before Harris County Commissioner’s Court. “Now with the COVID-19 pandemic, the justice system is on the verge of collapse in your county.”

If the anticipated pace of bookings follows previous patterns, the county could reach 10,000 inmates by Labor Day, according to the nonprofit group’s calculations. And the courts were already backed up before the virus, officials said.

[…]

The lawyers challenging the county’s bail system, who lost a bid for an injunction to order coronavirus releases, said thousands of felony defendants are stuck at the jail awaiting trial simply because they can’t pay cash bail. The vast majority of the population is made up of up pretrial felony detainees.

“Their constitutional rights are being violated, and their health and safety are being jeopardized by COVID-19, which is rampant at the jail,” said Neal Manne, of Susman Godfrey, who works pro bono on the bail cases. “Though Sheriff Gonzales wants to solve the problem, he can’t solve it by himself. No one else is doing anything other than talking about it, week after week, month after month, as COVID-19 surges.”

In the meantime, coronavirus infections have continued to increase, with 993 inmates testing positive since the start of the pandemic.

The pandemic has cramped the jail’s holding capacity, which changes day to day depending upon how many people are quarantined and how much the jail staff must space them out on the cell blocks to help prevent the spread of the virus. For example, 835 inmates who have had the virus and remain in custody have now recovered. But 778 are being kept in observational quarantine, meaning they are not showing symptoms, but they may have been exposed to COVID-19.

Another 600-plus people are housed in what the jail calls “buffer quarantine” because they are new to the jail, according to the sheriff’s office. And nearly 300 convicted inmates are ready to be transferred to state prison but Texas Department of Criminal Justice is not accepting them during the pandemic.

Meanwhile, the jail population is increasing by 115 inmates per week and as of May 1, the county had more than 36,000 pending felony cases, Eberly said. If no new felony arrests were made in the coming months, it would still take 13 months to dispose of the backlog, he said.

However, if the system keeps shuffling along as is, it will take 4½ years to catch up, the study found.

Statewide, jail populations also decreased in the first months of the pandemic and have begun rising going into the summer, a normal trend outside of the unusual circumstances this year, said Brandon Wood, executive director of the Texas Commission on Jail Standards.

Population spikes at county jails largely stem from backlogs in the courts, he said.

“It’s going to be incumbent on Harris County to manage its jail population properly,” Wood said.

You have to wonder how much worse this would be if there were a bunch of misdemeanor inmates awaiting trial because they couldn’t make bail as well. There’s basically three things we can do here. One is to release a bunch of the low-risk inmates who couldn’t come up with the cash for bail. That’s on the judges and the District Attorney, and while there’s been some movement on that, there could be a lot more. Two is to get the courts to the point where they can make a dent in that backlog, which is going to be a hell of a challenge given the fact that the court buildings are still suffering from Harvey, and oh yeah, that global pandemic. Maybe just consider dropping a bunch of low-level charges, divert as many drug charges as possible, and offer as many deferred adjudication deals as possible. There’s some risk to this approach, but what we’re doing right now is not sustainable. And three, maybe now is a good time to just stop arresting people on low-level drug possession charges. Turn down the incoming spigot, and stop adding to the problem. I don’t know where this ends, but the direction we’re going right now doesn’t lead anywhere good.

What are we going to do about that Independent Police Oversight Board?

The easy answer is “make it better”, it’s how you do that that’s harder.

As protests over George Floyd’s death swept the nation, activists in Houston cried out for police reform. Among their demands: Give us an independent police watchdog.

One already exists, city officials said: Houston’s Independent Police Oversight Board.

But the board lacks meaningful power, with one longtime civil rights activist calling it “window dressing.”

Houston’s Independent Police Oversight Board, which reviews investigations completed by the Houston Police Department’s internal affairs division, meets at police headquarters. It cannot launch its own inquiries or accept complaints directly from civilians. Members are forbidden from discussing any of the cases they review — even with the mayor or other public officials. Its sparse website includes instructions on how to file a complaint with police, but little information on the board’s own work. It lacks the power to subpoena documents or compel officer testimony. It’s a volunteer body appointed by the mayor and has no professional staff. And when members of the oversight board make policy recommendations, they often never find out what happens to their suggestions, current and former members told the Chronicle.

“It’s clear if we had additional clout, we could do more and better work,” said Gerald Birnberg, a Houston attorney who serves on the oversight board. “It feels like we’re working in the dark.”

As America reckons with racism and calls to address police violence, critics say Houston’s police oversight board is inadequate. Those who argue against change say the board has sufficient power and lacks training to investigate or issue subpoenas.

[…]

The board can make recommendations to the chief related to disciplinary action, policies and training, but the chief has the final say.

While members are forbidden from discussing the cases they review, some of their recommendations became public in a police brutality lawsuit filed after the 2012 police killing of Kenny Releford.

HPD was forced to turn over internal affairs files related to several shootings, with recommendations filed by the IPOB and its earlier incarnation. When the board reviewed the July 2012 shooting of Rufino Lara, two members of the panel wrote notes urging de-escalation training.

The officer should not have “fired her gun on someone who was not pointing or near to pointing a dangerous weapon toward her,” one member wrote. “Better training needs to be provided.”

The majority agreed with the department’s conclusions, but all checked off boxes indicating training had not been sufficient.

The police department also maintains discretion in deciding what records to release to the oversight board, though board member Kristin Anderson, a psychology professor at the University of Houston-Downtown, said members “see all documents associated with any case” that comes to the board.

She said the public deserves transparency, but said granting the board subpoena power is a “red herring” and would not give members “the ability to tell if a cop is lying.”

Birnberg said board members do not have unfettered, immediate access to all the records they request. He recalled seeing cases where board members were told obtaining an autopsy would take four months — far longer than the two-week period the board’s panels have to review individual cases.

“I don’t know if the chief is aware of the structural impediments to the panels getting meaningful information at the time they’re supposed to be ruling on the cases,” he added.

[…]

Houston attorney Joe Melugin, who spent three years suing the Houston Police Department over the shooting death of Kenny Releford, said he disagrees with those who say holding police legally accountable police should be left to the district attorney.

“Until the city fires police officers for abuses of power and unjustified violence, and until the DA prosecutes police the same as any of the rest of us, then the problems with police abuses of power will persist regardless of changes to the IPOB,” he said. “We must change how the police force exists and operates in our city.”

There’s a lot of back and forth in the story about what the IPOB can and cannot do, and I’m not in a position to assess the claims. I agree with Joe Melugin, the ultimate goal needs to be accountability, where bad cops are fired and cops who break the law are arrested and prosecuted like anyone else would be. Surely if that had always been the case, we wouldn’t be in the position we’re in right now. As for the “how do we get there” part of the discussion, I basically agree with the Houston Justice Coalition demands:

1. Uniform Body Camera Policy

The current body cam policy is a disjointed mess. Cameras are not on consistently. According to a KHOU investigative report completed in 2017, very few tapes were released to the public upon request. We demand that cameras run and that all tapes are released within 24 hours upon request.

2. Transparent Tracking of Complaints

When a complaint is made on an officer, there is no way to know the status of the complaint. The timelines for followup are egregious, and often aren’t even followed. Houstonians who want to hold police accountable must have a clear system with expedient, easily accessed methods of feedback between them and HPD to ensure that officers face consequences when they violate policy and civil rights.

3. Citizens Review Board with Subpoena Power

A citizens review board must have the power to bring officers in for questioning and possibly for charges and repercussions. Otherwise, a board is simply an artificial token, not an arbiter of true justice. We demand that a citizens review board chosen by The People, unchecked by the Houston Police Officers Union or City Hall, be formed immediately and granted with the power to subpoena law enforcement—full stop.

Maybe subpoena power isn’t all that, but let’s try it first and see where it gets us.

DA dismisses charges against most protesters

Good.

Kim Ogg

The Harris County District Attorney’s Office on Tuesday dismissed almost 800 cases filed against protesters arrested during the George Floyd demonstrations last week in Houston.

In total, prosecutors dropped 796 charges filed against 654 protesters, District Attorney Kim Ogg said. Many of those cases were cited in court filings as being dismissed “in the interest of justice.”

Charges still remain against 51 adults and one juvenile accused of 35 misdemeanors and 19 felonies, Ogg said. Those include weapons offenses and charges of aggravated assault of a peace officer.

Prosecutors made their decisions by looking at “people who sought to do harm (to) others and property vs. those arrested for simple civil disobedience,” according to a news release.

“The job of the prosecutor is to seek individualized justice in every case,” Ogg said. “While probable cause existed for the arrests of those people who refused to disperse after being ordered to do so by police, our young prosecutors worked hard to identify the few offenders who came to inflict harm on others and intentional damage to property.”

The dismissed cases were nonviolent misdemeanors, mostly obstructing a highway and trespassing.

[…]

Monique Sparks, of the Houston Protestors’ Defense Team, commended the DA’s office for dismissing some charges. She said her group, which is representing protesters for free, is now focused on expunging charges from their clients’ records.

“What it shows is that our DA’s office is on board with what the Constitution says,” Sparks said. “We think this is a good start.”

The protesters will be informed of avenues to take if they want to file civil lawsuits, Sparks said. The district attorney’s office will work to help expunge the cases from the protesters’ records, although they might need representation to do so, Ogg said.

They might also need cash to do that. As Sarah Wood, policy director at the Harris County Public Defender’s Office, noted in the story, an expunction can cost hundreds of dollars in fees, including attorney’s fees. It would have been much better all around if these folks had been not arrested in the first place. Which, again, is a big part of the point that the protesters have been trying to make – far too much police activity is geared towards behavior that doesn’t actually threaten public safety, but does put a lot of ordinary people into the criminal justice system, and all of the harm that brings with it. Consider how many of these protesters might be in jail right now and for who knows how much longer if the DA had been willing to press charges and if Harris County was still requiring cash bail for even the most low-level offenses. And then consider the risk they would be in from COVID-19 in that scenario. We made significant progress on bail, but most of the problem is upstream from there. We can, we should, we must change this.

Let’s talk “meaningful reform”

Chief Acevedo brought it up, so let’s go there.

Houston Police Chief Art Acevedo’s voice cracked several times and his eyes welled as he railed against the death of George Floyd beneath a policeman’s knee and implored protesters to demonstrate peacefully with him.

“I will not allow anyone to tear down this city, because this is our city,” Acevedo shouted on Sunday to the group of mostly black Houstonians surrounding him at one of many protests in the wake of video showing Floyd’s fatal encounter with police in Minneapolis. “Pay close attention! Because these little white guys with their skateboards are the ones starting all the s–t.”

Video of Acevedo’s profanity-laced remarks went viral and, along with his other blunt statements this week, won the chief acclaim from those outraged by the death of Floyd, a former Third Ward resident.

It has also drawn anger from those who say Acevedo has failed to address the very things he’s condemning at home. His calls for police to be more transparent and enact “meaningful reform” have refocused attention on a series of fatal shootings by his own officers, and his refusal to release body camera video of the incidents.

“We’re looking at him say one thing on camera, but locally, we know different,” said Dav Lewis, a local activist who was friends with Adrian Medearis, one of the men who died in the spate of shootings. “We know different locally. We have not seen police accountability.”

The chief has also resisted calls to release the results of an audit of his narcotics division, rocked last year by one of its worst scandals in decades, and he has downplayed calls to bolster the city’s Independent Police Oversight Board, long criticized as a “toothless watchdog” group.

“While these are great photo ops, and maybe the chief has political aspirations, and this is all warm and fuzzy kind of stuff he’s doing, it’s time for some action,” said Mark Thiessen, president of the Harris County Criminal Lawyers Association.

[…]

Protesters intensified their calls on Tuesday for Acevedo to make the videos public. Mayor Sylvester Turner’s remarks at City Hall were punctuated by several people chanting “release the tapes,” and hours later Acevedo was directly confronted by a group of critical protesters at the downtown park Discovery Green.

Some lawmakers questioned Acevedo’s rationale for not releasing the body camera video.

“It is not law enforcement’s job to worry about prosecution,” said state Rep. Gene Wu, D-Houston. “It’s their job to be law enforcement.”

Wu, a former prosecutor who has called on Acevedo previously to release his audit, said Acevedo’s attitude “does more of a disservice to taint the public’s perception than anything else.”

“Right now you have the general public believing the police hide things,” Wu said. “When other cities during this crisis have shown they can release body cams immediately — that they can fire and discipline officers immediately — the fact we can’t get videos released months, sometimes even years later, is very telling.”

There’s more, and you should read the rest. On balance, I think Art Acevedo has been a pretty good Chief of Police. It’s not at all hard to imagine someone worse in his position – the current Chief of Police in Austin, for example. I also think that some of these reform ideas should be taken out of his discretion and mandated by the appropriate governing body. For releasing body camera footage and just generally being more transparent about it, that could be the Legislature or it could be City Council. Point being, the less room he or any Chief has to stall on releasing said footage, the less time we have to have this debate about transparency.

There are plenty of other things that can be done, at all levels of government, with the local stuff having the greatest potential for swift adoption. Tarsha Jackson, formerly with the Texas Organizing Project and now on hold in the City Council District B runoff, recommended several changes to the police union contract. CM Letitia Plummer, thankfully recovering from COVID-19, has proposed a budget amendment that would:

-Require officers exhaust all reasonable means before shooting
-Ban chokeholds and strangle holds
-Require de-escalation
-Require officers give verbal warning before shooting
-Notify Independent Police Oversight Board when death occurs
-Give IPOB subpoena power

It would also redirect funds currently allocated for a police cadet class as follows:

$2M, fund separate IPOB investigations
$1M, build online portal for residents to report misconduct
$3M, police training
$2M, permanent revolving fund for the Office of Business Opportunity, no-interest loans to minority-owned biz
$2M, enhance Health Dept’s Community Re-Entry Network Program
$500k, enhance Health Dept’s My Brother’s Keeper program
$1M, equipment and implementation of a “CAHOOTS” program (Crisis Assistance Helping Out On The Streets)

The point of that last item is to redirect a class of 911 calls that now go to law enforcement to this Crisis Assistance program, so the police can handle higher priority calls. Look at the photos she embedded in this Facebook post (specifically, this and this) to get a better feel for this. The city of Eugene, Oregon has used a program like this successfully since 1989. I strongly suspect most police officers would be happy to not have to respond to these kinds of calls for the most part going forward.

Stace adds recommendations from 8CantWait, which largely overlap the items noted by CM Plummer and Tarsha Jackson. Again, these are things that could be done now, if we wanted to. If there’s something you want to do in this direction, call Mayor Turner’s office and your district Council member along with the At Large members in support of these proposals. There are many ways to make noise.

There’s still more. Looking at the federal level, Sherrilyn Ifill and a triumvirate at The Atlantic have a list of action items for Congress, including an end (or at least a serious cutback) to qualified immunity, national data collection and tracking of police conduct and use of force, stronger enforcement of Title VI of the Civil Rights Act, and more. Ifill notes that “Currently, officers fired for misconduct and brutality against innocent civilians can be hired by other departments”. This will sound depressingly familiar to anyone who remembers the story of Tulia.

I personally would add: Decriminalization of marijuana and a complete shift of focus on other drug offenses from arrest and incarceration to treatment; Expanding Medicaid, which as I have said a gazillion times before will do so much to provide mental health services to countless Texans; Really attacking the homelessness problem by funding housing for the homeless and raising the minimum wage so that more people can afford housing in the first place; and repealing SB4, the odious “show me your papers” law. I believe these things will drastically reduce the interactions that ordinary people – overwhelmingly people of color – have with the police and the criminal justice system.

None of these things are panaceas, and none of them directly address systemic racism – I will defer on that to those who can speak more directly from their own experience – but I do believe all of them will have the effect of reducing harm to the black and brown people who have always received the brunt of the violence that comes from encounters with the police. Again, much of this is doable right now. Clearly, some other items will require winning more elections, in Texas and around the country, but we can still get started on what can be done now. If Chief Acevedo wants to come out in support of any or all of these things, that would be nice, too. Whether he does or he doesn’t, we can make them happen anyway.

How about that other coronavirus hot spot?

You know, prisons?

For more than fifty years, Palestine, Texas, has been known as a prison town. Most of the time, that hasn’t been a problem.

True, it was a bit controversial in the 1960s when the Texas corrections department bought up 21,000 acres in this part of East Texas and built the biggest men’s prison in the state. According to Ben Campbell, a local historian and self-described “old geezer,” locals fretted at the time about the danger of escaping prisoners. The state provided steady jobs with decent benefits, however, and over the years one prison expanded into five, which can hold nearly 14,000 men. Now, the Texas Department of Criminal Justice is the largest employer in Anderson County.

“People love it and they hate it—it’s jobs, but it’s low-paying jobs,” Campbell said. “They get decent benefits, so it’s a positive for the county.”

But when coronavirus hit, the county’s biggest employer became its biggest threat. More than 2,000 workers go in and out of the prisons—and have unwittingly been carrying coronavirus with them. More than 30 of them had tested positive for COVID-19 by Friday evening, according to the prison system, in a county with only 30 reported cases total (not all of the guards live there). There’s just one hospital in the county, the 150-bed Palestine Regional Medical Center.

“People are trying to be supportive and understanding of the guards needing to do their jobs,” said Matt Kuhl, the son of a retired corrections officer, who runs the “Happening Now in Anderson County, TX!” Facebook group. “But the general consensus is that it’s a threat to have so many cases nearby.”

[…]

By April 2,  the county already had its first confirmed COVID-19 case, and its chief executive issued a shelter-in-place order. The county also imposed an order limiting how many family members could enter big-box stores at one time because so many people had been congregating at the Walmart.

None of these restrictions could stave off the coronavirus explosion inside Anderson County prisons. The following week, the state corrections agency announced six men at the George Beto Unit had tested positive, and the maximum-security prison quickly became the biggest hotspot among the state’s 104 prisons.

“When it started spinning up out there at Beto, within a few days it was up to 30 cases and then 70,” said Peyton Williams, who has lived in Palestine for two years and works in banking. “It seemed to sneak up pretty quickly.”

Ten days after those first positives, Beto had more than 100 cases and, suddenly, a lot of people started worrying. Mayor Steve Presley sparred with prison administrators he accused of misrepresenting basic facts, like whether men were being moved from prison to prison, and thus possibly spreading the disease.

“They told us at one point that they had stopped all transfers except medical—and they eventually did, but they kept transferring them for about a week, just back and forth between prisons,” Presley told me recently. “Did they think we couldn’t find out in a town this small? That people wouldn’t tell us?”

Usually, he said, the city and the state agency get along. Everyone in town has seen vans full of men in prison-white uniforms on their way to trim grass at the city cemetery.

Prisoners had already stopped work for the city in early April when Presley vented to the local newspaper, telling the Palestine Herald-Press that he was furious that the corrections agency was not prepared to handle an outbreak. A state worker then said prisoners would no longer work at the city’s cemetery and parks. The mayor initially suspected it was in retaliation, but the TDCJ later said it was a misunderstanding and the change was not permanent.

That was two weeks ago, but problems continue. Prisoners at two other nearby units have tested positive, and the outbreak at Beto is still growing. Last week it topped two hundred cases.

Meanwhile, more people in Palestine are getting sick. “Most of the cases are prison-related,” said Dr. Carolyn Salter, a local physician who was once the mayor. “I have a bad feeling about this.”

I know the mere mention of this subject will send some people fluttering to the fainting chairs, but discuss it we must. And hot tip, lots and lots of people go into and out of these prisons (and jails) every day. If those places are ginormous breeding grounds for coronavirus – and they are – what did you think was going to happen? And more to the point, what are we going to do about it?

The new coronavirus is fully entrenched in the Texas prison system, confirmed to have infected more than 1,600 inmates and employees at dozens of units. At least 25 infected prisoners and staff members have died. But, like in the rest of the state, the scope of the virus’ spread behind bars is still largely unknown because testing has been limited.

As of Saturday, TDCJ had tested about 1,700 symptomatic inmates for the virus — about 1% of the state’s prison population, according to TDCJ reports. More than 70% of them have tested positive for the coronavirus. That’s a staggeringly high rate compared with the state overall, where less than 10% of the relatively low number of Texans tested had positive results. (Prisoners are largely excluded from state case counts.)

Epidemiologists say more testing is needed in prisons because they are incubators for disease, which can endanger not only prisoners and staff, but surrounding communities as well.

“People tend to think of them as separated from the rest of society, but that is not the case,” said Dr. Chris Beyrer, an epidemiologist at Johns Hopkins Bloomberg School of Public Health. “Most [prison outbreaks] have begun with introductions from staff.”

[…]

And infectious disease experts and prisoner rights advocates say much more needs to be done, starting with mass testing of inmates and reducing the overall prisoner population.

“Until they start doing mass testing, I don’t think they’re going to get a hold of the problem there,” said Michele Deitch, a senior lecturer and prison conditions expert at the University of Texas law school. “There are going to continue to be deaths, and it’s going to continue spreading to the communities both through staff and people who are released and people who are sent to community hospitals.”

But Texas has one of the lowest testing rates in the country. State Rep. James White, who leads the Texas House Corrections Committee, said the prison system is doing the best it can with the resources it has.

“Whatever we’re challenged with in the so-called free society, we have those same challenges, if not exacerbated, in the incarcerated population,” the Hillister Republican said. “We’re having challenges with testing like in the state.”

Releasing some prisoners early — which could include elderly inmates eligible for parole, people close to finishing their sentences or those who have already been granted parole but are still behind bars — is a decision that falls to Abbott and the Texas Board of Pardons and Paroles, but neither has indicated any plans to do so.

After some law enforcement officials and conservatives argued that freeing more inmates could lead to a spike in crime when police are already stretched thin, Abbott came out against more releases from lockups.

“We want to prevent the spread of #COVID19 among prison staff & inmates. But, releasing dangerous criminals in the streets is not the solution,” Abbott said in a March tweet.

But Seth Prins, an assistant professor of epidemiology and sociomedical sciences at Columbia University, said it’s too late to rely solely on mitigation in the prisons.

“Really the only effective strategy is to get as many people out as possible,” he said. “I wish there was a middle-of-the-road answer, but there’s not.”

We could have done more aggressive testing early on, to at least try to isolate the sick from the not-yet-sick, and we could have been more aggressive about releasing low-risk inmates and speeding up the release of those who were going to be getting out soon anyway, but that ship has sailed. What we now get to live with, thanks to Greg Abbott and Donald Trump and their complete failure to provide for universal testing is this constant source of infection, which will mostly but not entirely fall on the people who live near, work in, or are incarcerated in these places. As with pretty much everything else about this virus, it didn’t have to be this way, but here we are.

Judges have to do their part

Some could be doing better.

Harris County’s largest association of criminal defense attorneys on Monday called on local judges to halt in-person court appearances to help prevent the spread of coronavirus.

As the virus has swept across the nation, it has shut down wide swaths of everyday life. But in Harris County — where judges last month halted jury trials and many other court functions — some criminal judges have continued to require in-person court hearings and in-person reporting to pre-trial services.

Harris County Criminal Lawyers Association President Neal A. Davis wrote that such policies present a “threat to public safety and the impartial administration of justice.”

In the four-page letter — which was sent to the county’s 22 state district judges and 16 misdemeanor judges, Davis noted that video appearances are “easy and routine now,” and that local prosecutors are expressly forbidden from appearing in courtrooms, except in “the rarest of occasions.”

“For a Harris County Judge to require one party to physically appear and risk exposure to a deadly pathogen, and allow the other party to appear remotely, violates a judge’s appearance of impartiality, at a minimum,” Davis wrote.

[…]

Local defense attorney Patrick McCann said that while many misdemeanor judges were taking measures to mitigate the spread of the coronavirus, some district judges “have not thought through the implications of everything they’ve been asking the defense bar to do.”

“I’m glad the HCCLA is finally standing up for the average solo (attorney) that’s trying to keep safe, keep their family safe and still do a good job for their clients,” he said.

This is one of those things that should have gone without saying, but clearly we need to say it. It’s clearly unfair to have different rules for each side, and when those different rules put some people’s lives at risk, there’s really no excuse. The story does not indicate which judges are the offenders here, but I’m sure the names are known. All I can say is that the next time these judges come up for election, I would very much like to know who was doing the right thing and who was not. I hope that the various endorsing organizations will take that into account, and more to the point be as transparent as they can about it. I know that most people who vote in judicial elections don’t know a whole lot about the candidates in question. That doesn’t mean the information that is relevant to us shouldn’t be available. Please make sure that it is.

Coronavirus and crime

It’s down around the country. Turns out having everyone stay inside has a salutary effect, for the most part.

Crime rates plunged in cities and counties across the U.S. over the second half of March as the coronavirus pandemic drove millions of residents to stay inside their homes.

Police logged dramatically fewer calls for service, crime incidents and arrests in the last two weeks of March than each of the previous six weeks, a USA TODAY analysis of crime data published by 53 law enforcement agencies in two dozen states found. The analysis is among the largest studies measuring the impact of the coronavirus on crime and policing.

Massive drops in traffic and person stops – as much as 92% in some jurisdictions – helped drive sharp declines in drug offenses and DUIs. Thefts and residential burglaries decreased with fewer stores open and homes unoccupied, and some agencies logged fewer assaults and robberies. Bookings into each of nearly two dozen county jails monitored by the news organization fell by at least a quarter since February.

At the same time, calls for domestic disturbances and violence surged by 10% to 30% among many police agencies that contributed data. Several also saw increases in public nuisance complaints such as loud noise from parties. The Baltimore Police Department, for example, received 362 loud-music complaints in the last two weeks of March, nearly matching its total for all of February.

The trends reflect both a purposeful reduction in police activity and officer-initiated stops and the effect of stay-at-home orders that have closed huge swaths of Main Street and pushed people into their homes and out of traditional crime hot spots, such as bars, clubs and social events.

The Marshall Project did a similar look at a smaller number of cities in late March, and this AP report is fresh off the presses, and both saw the same basic thing. DUI arrests are down for the obvious reason that fewer people are driving, but that same decline in driving means a decline in traffic stops, which in turn means a big drop in drug possession busts. Some cities have stopped arresting people for low-level offenses anyway, as a coronavirus risk mitigation. Burglaries are a more interesting case – home burglaries are on the decline since most people are now mostly at home, but more businesses are closed, which does increase the target surface. HPD Chief Art Acevedo claims burglaries of businesses in Houston are up 18.9% – this KTRK story, which is based on the tweet in which Acevedo made that claim, just says “burglaries” are up, which is a misrepresentation of the Chief’s words – but he didn’t provide numbers or a time frame for that. And as the Marshall Project story says, crime can fluctuate quite a bit over a short time span for any number of reasons, so all this should be seen as very preliminary and not necessarily predictive. Let’s see what we’re seeing after another month of staying at home.

One crime that is definitely on the rise, in Houston and around the country, is domestic abuse, including child abuse. A spike in gun sales is unlikely to help with that. Being at home is safe for most of us, but not all of us. For people trapped at home with an abuser, there is no safety and now no escape. I don’t know what to do about that now, but as with so many other things, we need to give it a lot of thought, and more resources, so we are better prepared for the next time.

One more thing:

Many police departments say they are intentionally arresting fewer people to avoid the potential spread of the coronavirus in jails. Police in Delray Beach, Florida, are reducing proactive policing, such as drug busts. In nearby Gainesville, Florida, officers are increasingly issuing summons instead of making arrests for minor offenses, Police chief inspector Jorge Campos said.

“It’s not that we’re not enforcing (the law),” Campos said. “It’s that we’re finding alternative ways of dealing with the issue rather than make physical arrests.”

Huh. What if – stay with me here – we kept on doing that even after the coronavirus pandemic is over? It’s so crazy it just might work.

Stockman seeks a pardon

Oh, my God, this may be the most 2020 story ever.

Best newspaper graphic ever

Former U.S. Rep. Steve Stockman, who is serving a 10-year federal prison stint for a complex campaign corruption scheme, is seeking a presidential pardon amid the growing coronavirus pandemic.

The 63-year-old Clear Lake Republican firebrand is serving his sentence at a low-security facility in Beaumont where the Bureau of Prisons has yet to report any cases. His wife, Patti Stockman, however, states in a video made April 1 that her husband said the first case had been diagnosed at an adjoining federal prison in Beaumont.

His wife made a plea this week, along with several former cabinet members, ex-congressmembers and other evangelical and conservative officials, for compassionate release, saying he is among the nonviolent “sitting ducks” who are especially vulnerable and should be pardoned. They add that Stockman could die if exposed due to diabetes and lung scarring as a result of asthma. He is also overweight and has high blood pressure, his wife said.

A petition by 50 conservative leaders calls Stockman “a perfect example of a prisoner who fits criteria of who should be removed from prison.” The letter notes his “intense Christian faith,” and “the extreme length of the judge’s sentence,” and says he is not eligible for release under the First Step Act.

[…]

Jeffrey Crouch, an American University professor who wrote a book on presidential pardons, said the appeal is not falling on deaf ears.

“Former Rep. Stockman is a high-profile Republican and a convicted white-collar offender who enjoys support for presidential mercy from a list of leading conservatives,” Crouch said. “If President Trump decided to pardon him, the decision would fit in well with others Trump has made regarding who should receive clemency.”

Crouch noted, “What is unusual here is the presence of the COVID-19 pandemic: Trump might now have political cover to use clemency as an act of mercy to assist Stockman and perhaps others in a similar position.”

There’s an embed of a video made by Mrs. Stockman to Trump in the story that I didn’t have the stomach to click on. What one can’t achieve by legal means, try to get by appealing to the vanity of the nation’s leading grifter, from one of his loyal acolytes. Meanwhile, there are thousands of people around the country in jails who haven’t been convicted of anything and whose release as a way of mitigating the risk of further spread of COVID-19 is being zealously opposed by “conservative leaders” like these. Yep, this is 2020 boiled down to a concentrated essence. If it doesn’t work for Stockman it will only be because Trump was too distracted by other, shinier objects.

Another obstacle to releasing inmates

One step forward, one step back.

As fear and COVID-19 crept though the Harris County Jail, felony judges halted the release of low-risk inmates on Friday, blocking the county chief executive’s order to free them to await trial.

Sheriff Ed Gonzalez discontinued the releases Friday after District Judge Herb Ritchie voided the order to free inmates to mitigate the spread of COVID-19. People had begun to be released from the jail Thursday night and Friday morning under Judge Lina Hidalgo’s decision from earlier in the week, but only a handful walked free before Ritchie put the hammer down.

Public health experts have warned that the cramped conditions at the jail mean any significant outbreak could spread “like wildfire” among the jail population, spreading to staff and the wider community. Five people who work at the jail and three inmates have tested positive for the coronavirus, with 800 more inmates quarantined. The sheriff has been calling for releases for weeks to avert a contagion that could ravage the jail and overload the region’s health care system.

[…]

Hidalgo earlier this week ordered Gonzalez to prepare a list of inmates accused of certain nonviolent offenses and who did not have previous convictions for violent crimes. That list was being reviewed and pared down by other county departments.

On Friday afternoon Ritchie, who supervises the felony judges, issued an “Order to Disregard Directive by Harris County Judge.” He ordered the sheriff to “ignore and wholly disregard” Hidalgo’s directive to arrange for the release of inmates. Ritchie’s order said that each violation “may result in criminal contempt of court penalties, which may include up to six months’ confinement in jail, as well as a possible fine not to exceed $500.00.”

Hidalgo said, “We are reviewing the order and hoping for a swift resolution because the health of every Harris County resident is at stake.”

Michael Fleming, former Harris County Attorney, said Ritchie has a very strong argument on constitutional grounds. “It’s not a frivolous thing that he did,” Fleming said. “A district judge under the Texas Constitution has supervisory control.”

It’s a thorny legal issue, according to Brandon Rottinghaus, a political science professor at University of Houston. “The judiciary almost always has precedence in matters involving release from incarceration,” he said, but noted: “In times of crisis, discretionary powers to protect public safety have a way of finding priority, so a higher court may agree that the county judge has jurisdiction in an emergency.”

The effort to secure inmate releases has crawled along for weeks, impeded by squabbling among the county departments involved, disagreements about who should qualify for release, threats from the state Attorney General and social media potshots from Houston Police Chief Art Acevedo and others warning of dire consequences should people be freed from jail. For all the effort that went into Hidalgo’s order, it appeared Friday that only a handful would end up being released under its terms.

The sheriff sought to prioritize 125 people whose health would be especially compromised if they were exposed to the virus. The district attorney objected to all but 14 of those people, who had all been released as of late Friday morning. According to an estimate by the sheriff’s lawyer, only 150 to 200 on the list of 1,470 people would have gone free.

The Hidalgo order excluded anyone with three or more drunk-driving convictions, a conviction for burglary of a habitation or temporary restraining orders. The inmates released on Thursday night and Friday include people charged with drug possession, unauthorized use of a vehicle, evading arrest, interfering with the duties of a public servant, theft, fraud, and tampering with a government record. But the vast majority on the sheriff’s list were being stricken.

See here and here for the background. Boy, you really have to watch out for those document-tamperers. They will straight-up kill you if you look at them funny. Kidding aside, I sure don’t know if Judge Ritchie is correct that county judges don’t have the authority to order the release of inmates who have been held on bond. There’s likely little to no precedent, and there are good arguments to be made either way. (Former CCA Justice Elsa Alcala has some interesting discussion of this on her Twitter feed.) Individual judges can certainly change bond conditions as they see fit, and eventually we will get this sorted out either through the courts or subsequent legislation. The point, though, is that this is an emergency situation, and every day increases the risk and the infection rate, which is exactly what Judge Hidalgo was trying to mitigate. This is just another way in which we as a society were totally unprepared for this kind of problem. We damn well better learn from it for the next time.

The state of inmate releases

Harris County judges are going to follow the federal bail lawsuit settlement agreement and not Greg Abbott.

Texas Gov. Greg Abbott has moved to restrict the release of people in jail during the coronavirus pandemic — but Harris County’s misdemeanor judges aren’t abiding by his executive order. Instead, they’re following a federal court’s orders for their bail decisions.

And those tied to the court have again raised skepticism that Abbott’s order is even constitutional.

Instead of following Abbott’s recent executive order, a lawyer for the 16 criminal court judges that preside over low-level offenses in Texas’ largest county said in a Tuesday letter obtained by The Texas Tribune that the judges will continue to comply with practices solidified in a federal court agreement. That will allow for the automatic release of most misdemeanor defendants without collecting bail payment.

[…]

Abbott’s order, issued Sunday, suspended much of the state’s bail laws and prohibited the release of people in jail accused or previously convicted of violent crimes from being released on these personal bonds. But Abbott’s order only prohibits personal bonds, so those inmates could still walk free if they have access to cash.

In an interview with The Texas Tribune on Tuesday, Abbott said his order had nothing to do with bail reform efforts, which prompted Harris County’s lawsuit.

“Bail reform efforts, among other things, are focused on making sure that you’re not going to imprison someone just because they don’t have any money, and you’re not going to have a bifurcated system where the rich are gonna get to bail out and the poor are not,” he said. “So this doesn’t focus on how deep somebody’s pocketbook is. It has to do with how serious the crime they committed.”

A law professor overseeing the Harris County decree advised county officials this week that the federal court order supersedes the governor’s. And he also doubted the constitutionality of Abbott’s order.

“The Order is likely unconstitutional under state and federal law. But regardless of whether it is ultimately challenged and/or implemented, [it] does not affect any terms of the pre-existing … consent decree,” said Brandon Garrett of Duke University School of Law.

See here for the background. It’s still not clear to me what Abbott intended with this order and what if anything he’ll do in response to the courts’ actions. We do know what the plaintiffs in that bail lawsuit are doing, however.

Gov. Greg Abbott’s order restricting the release of some Texas jail inmates during the coronavirus pandemic is being challenged in federal court. Civil rights attorneys filed a court motion Wednesday arguing the order unconstitutionally discriminates against poor defendants and also takes away judges’ power to make individual release decisions.

[…]

On Wednesday, in an ongoing federal lawsuit over Harris County’s felony court bail practices, attorneys representing inmates filed a motion for a temporary restraining order against Abbott’s order. The motion asks U.S. District Judge Lee Rosenthal to order Harris County judges to ignore Abbott’s order until a full hearing can be held.

“The text of the Order purports to block release of presumptively innocent individuals even if state judges conclude that there is no individualized basis for their pretrial detention — but only for those who cannot pay,” the motion said.

Abbott said Tuesday that his legal team and the attorney general’s office worked for days on the order to ensure it met “constitutional muster.” His order “doesn’t focus on how deep somebody’s pocketbook is. It has to do with how serious the crime they committed,” he said. A spokesperson for the governor did not immediately respond to questions about the court challenge Wednesday.

My guess is that Judge Rosenthal will not be impressed by Abbott’s order, but I expect we’ll know soon enough.

And then there’s this.

Judge Lina Hidalgo

Judge Lina Hidalgo issued an order Wednesday directing the Harris County Jail to release some low-risk inmates to mitigate the spread of coronavirus.

It could take up to 32 hours for the relevant agencies to weigh in and allow eligible people to leave the downtown campus of the third largest jail in the country.

The order by Hidalgo — more than two weeks in the making — calls on Sheriff Ed Gonzalez to assemble a list of people accused of nonviolent offenses with no violent prior convictions. Murray Fogler, a lawyer for Gonzalez, estimated this initial list could include 1,000 to 1,200 people who fit the criteria.

The order cites the grave risk the disease poses to both the jail population and the whole Houston area.

“Without significant reductions in the current population, the lack of physical space, supplies, and staff to control an infectious outbreak in the Harris County Jail system is likely to spread to the greater Harris County region,” the order says. “These detainees spend significant time in communal spaces, including dormitories, eating areas, recreation rooms, bathrooms, and cells or holding areas, and are unable to choose to do otherwise. Further, detainees live in spaces with open toilets within a few feet from their beds, and unable to access a closed toilet that would not aerosolize bodily fluids into their living spaces.”

The order excludes anyone with three or more drunk-driving convictions, a conviction for burglary of a habitation or any pending temporary restraining orders.

See here and here for the background. The order, which is embedded in the Chron story, also takes into account inmates who have tested positive for COVID-19. The jail is going to be a huge vector for the virus, and the only thing we can do about it is to minimize the number of people who could be affected by it. Again, I wonder what if any resistance we’re going to get from the state.

More on Abbott’s stay-in-jail order

Here’s that more detailed Chron story I referenced yesterday. I’m just going to quote the newer information about Greg Abbott’s executive order that attempts to basically stop most releases of inmates from the jail regardless of the coronavirus situation.

The newly appointed monitor over Harris County’s misdemeanor bail protocol, Duke law professor Brandon Garrett, said the decree violated “many state and federal constitutional provisions.”

Alec Karakatsanis, a civil rights attorney who represents thousands of indigent defendants awaiting trial at the lockup on felony charges, called the governor’s stance illegal and perilous.

“The edict is dangerous, unprecedented, chaotic, and a flagrantly unconstitutional attempt to infringe fundamental constitutional rights,” he said. “If enforced it would have catastrophic public health consequences.”

[…]

The governor’s order suspends portions of the Texas Code of Criminal Procedure and statues related to personal bonds, barring any personal bonds for anyone with a prior violent conviction or a conviction involving the threat of violence. He also outlawed releasing inmates with prior violent convictions on electronic monitoring.

In a barely veiled reference to the preparations taking place by Harris County Judge Lina Hidalgo, the governor suspended portions of the Texas Government Code permitting a county judge, mayor or emergency management director from releasing people outlawed under his new order. He said criminal court judges who handle misdemeanor and felony cases may still consider such releases on an individualized basis for health or medical reasons proper notice to prosecutors.

Among prison inmates, Abbott suspended portions of the state criminal code related to commuting sentences for anyone convicted of violence or threats.

Multiple plans for lowering the jail population have evolved in the past two weeks, including an executive order by Hidalgo that never came to fruition and a request by the lawyers who sued the county over its bail practices. District Attorney Kim Ogg also entered the discussion, telling the sheriff and presiding district judge that she wanted to weigh in and expedite releases of low-risk inmates in the “high likelihood” of a federal court order dictating either substantive bail hearings or outright release on personal bonds.

“As the legal representatives of the State of Texas, we also have the duty to be advocates for victims and the community in a full and fair bail hearing related to the proposed release of individuals who do pose a substantial risk to public safety,” Ogg wrote, in the letter obtained by the Houston Chronicle.

Hours before Abbott’s announcement, Chief U.S. District Judge Lee H. Rosenthal convened an emergency hearing by phone to address incomplete plans by plaintiffs in a federal civil rights case to craft the a release order for people accused of some nonviolent offenses, along with lawyers for the sheriff and the county judge.

An official from Attorney General Ken Paxton’s office told the federal judge that Paxton was poised to appeal any order by Rosenthal that called for blanket releases of inmates.

See here for the previous post. The Trib adds on.

Abbott’s order applies to inmates who have been accused or convicted of “a crime that involves physical violence or the threat of physical violence,” which defense attorneys called a vague and subjective standard. Abbott’s directive also appears to apply to inmates with any history of violent offenses — meaning a person arrested on a nonviolent drug charge last week could be held if he had a decades-old conviction of a violent offense.

Though the order bans release of inmates on no-cost, personal bonds, it does not set a standard for how high a bail amount must be. Presumably, judges could still release inmates on bonds of $1, defense attorneys said.

Legal experts questioned the order’s validity, and it drew immediate rebukes from Democrats and bail reform advocates, who argued the order discriminates against poor people. Several Texas counties, including Harris and Dallas, have in recent years had their bail practices deemed unconstitutional for discriminating against poor defendants.

“It is a dangerous, unprecedented, chaotic and flagrantly unconstitutional edict that if enforced would expose many people around the state of Texas to a public health catastrophe,” said Alec Karakatsanis, executive director of the Civil Rights Corp, which has been at the helm of Harris County’s federal bail lawsuits.

El Paso Democrat Joe Moody, a state representative and former prosecutor and defense attorney, said “if followed, this order will see jails bursting at the seams [with] minor drug offenders, homeless people whose most recent ‘crime’ was something like simple trespass & everyday citizens picked up on the flimsiest of allegations.”

According to Abbott’s order, a judge may consider a defendant’s release for health or medical reasons, after the district attorney is notified and there is an opportunity for a hearing.

You can see the executive order here, and a brief analysis of why it doesn’t pass constitutional muster here. Rep. Gene Wu was on a call with Abbott and reports that the Governor is either misinformed or not telling the truth about his own order. The ACLU of Texas has responded to Abbott’s order, and I presume we’ll have some action in the federal court today. I should note that Ken Paxton jumped out in front of this parade ahead of Abbott’s order, which prompted a couple of folks to observe that Ken Paxton is himself under a felony indictment and out free on bail. Hey, irony went into hospice care sometime back in 2002, so just keep swimming. The Texas Observer has more.

Still trying to do something about the coronavirus risk in the jail

Time is extremely limited for this.

A federal judge Friday asked lawyers to hammer out a plan for releasing about 1,000 indigent inmates detained on bonds of $10,000 or less amid fear of a COVID-19 outbreak at the third largest jail in the country. The judge indicated she would take up the fate of another 3,400 people in the Harris County Jail awaiting trial on higher bonds next week.

The instructions by Chief U.S. District Judge Lee H. Rosenthal came in response to an emergency request Friday by the team of lawyers who challenged the county’s bail policies. They argued that thousands of poor defendants trapped in the jail simply because they couldn’t afford bail should be granted immediate bail hearings or be released.

The pleading laid a grave situation at the hands of a judge who has made many tough decisions in the criminal justice realm.

“A public health catastrophe of historic proportion looms in the Harris County Jail. Only this Court can avert it,” the motion says. “With every passing hour, the risk of disaster increases. All eyes turn to this Court in this dire moment.”

The bail lawsuit motion for a temporary restraining order and preliminary injunction seeks release of about half the jail’s population of nearly 8,000 if they cannot be afforded immediate bail hearings. This would mean thousands of people charged with nonviolent offenses would be allowed to await trial on bond outside the facility, as they would otherwise be able to do if they could post cash bond.

Other local officials, including the sheriff, state district judges and top county official have been tackling the potential public health threat from different angles over the past two weeks, seeking compassionate releases of medically vulnerable inmates, bonds for those accused of nonviolent offenses, or some cross-section of the two groups.

But early Friday lawyers from Civil Rights Corps, the Texas Civil Rights Project and pro bono counsel from Susman Godfrey, stepped in with a constitutional approach to the jail problem that could allow much more drastic cuts in the population than the compassionate release plans outlined by the sheriff and the county judge.

Rosenthal asked the lawyers for indigent defendants and attorneys for the sheriff and the county to assemble by Monday a list of thousands of people who might qualify for release based on their bond amounts, charges, criminal histories and risk factors. In addition, the judge indicated she would move swiftly on a subset of the indigent defendants who can’t pay their bond. She asked for confirmation that 1,000 or so people being held on bonds of up to $10,000 were not subject to other holds or detainers.

The sheriff and county officials told the judge that they had no objection to this first group being released if they fit the judge’s criteria. According to a lawyer for the plaintiffs, the only agency that opposed the release of those facing $10,000 bonds was the Texas Attorney General’s Office.

Sheriff Gonzalez had been working on this for the past week, trying to get individual judges to allow some inmates to be released, but the process was slow. County Judge Lina Hidalgo had been working on an executive order that would have released a larger number of inmates, but she shelved it after objections from the Attorney General’s office; you can read that story for the details. And I know, we’re all going to be murdered in our sleep by a rampaging horde of pot smokers and check kiters, but let’s do pause for a moment and consider what the alternative might be:

In another effort to address the issue, Harris Health System leaders on Friday sent a letter asking for the release of defendants with nonviolent offenses.

The county medical system’s president and CEO stressed that an outbreak in the Harris County Jail is not a matter of if, but when.

“The Harris County Jail and other large correctional facilities pose a real and immediate danger to the health of the community,” Esmaeil Porsa said. “An even limited outbreak of COVID-19 in the Harris County Jail has the potential to overwhelm our already overburdened hospital system. If this happened — and the likelihood is high — it could leave many vulnerable people in our community without access to care.”

Porsa urged the county to consider prioritizing inmates over 60 with pre-existing conditions such as cancer, diabetes, asthma and chronic pulmonary disease, heart disease and HIV. Jails are known to have higher concentrations of people in the high-risk group, he said.

He added that social distancing is nearly impossible, with dorm settings holding between 20 and 60 people in a close space. And quarantine is also unfeasible when inmates are booked in and out of the jail on a daily basis.

We could just let them all die, I suppose. I’m sure Dan Patrick would approve. I would rather not do that.

UPDATE: And now Greg Abbott is involved, and I’m confused.

As the first Harris County inmate tested positive for COVID-19 Sunday, Gov. Greg Abbott issued an executive order blocking any release of inmates from jails and prisons accused or convicted of violent crime.

“Releasing dangerous criminals from jails into the streets is not the right solution and doing so is now prohibited by law by this declaration,” Abbott said at an afternoon briefing.

The news comes as federal, state and local government officials continued to squabble over details of what a jail release would look like as they attempted to prevent a catastrophic outbreak among the approximately 8,000 people incarcerated at the downtown facility.

The governor was referencing Attorney General Ken Paxton’s motion to prevent Harris County from releasing 4,000 people awaiting trial on felonies, saying such a move would “allow dangerous criminals to roam freely and commit more crimes during the ongoing COVID-19 pandemic.”

“Protecting Texans is one of my highest priorities. It is vital that we maintain the integrity of our criminal justice system and continue to enforce state law during this pandemic,” Paxton said. “My office will not stand for any action that threatens the health and safety of law-abiding citizens.”

Hours earlier a federal judge convened an emergency hearing to address plans that plaintiffs in a federal civil rights case had hammered out over the weekend with lawyers for the sheriff and the county judge to release inmates accused of some nonviolent offense.

An official from Paxton’s office appeared telephonically at that hearing and said the AG planned to appeal an order by the federal judge to the 5th U.S. Circuit if it called for any blanket releases.

The judge set a hearing for Tuesday to address a possible appeal.

There wasn’t anything in the previous story about people accused or convicted of violent crimes, hence my confusion. I assume there are still plenty of people in the Harris County jail for misdemeanor charges, so it’s not at all clear to me what the extent of the dispute is. Maybe later versions of the story will make that more clear.

UPDATE: There’s now a more detailed version of the Chron story and also a Trib story, but this post is too long already. I’ll be back with more tomorrow.

Reducing the coronavirus risk in jail

This is an obvious step to take.

Sheriff Ed Gonzalez

More than 8,500 people are housed inside the Harris County jail, and thousands more move through the building and return to their communities each day to keep the criminal justice juggernaut running.

Sheriff Ed Gonzalez likens the situation to three massive ships docked in downtown Houston. An outbreak of COVID-19 in this setting could be catastrophic to the region and overwhelm hospitals’ limited capacity to treat patients.

That’s why the sheriff overseeing the third largest jail system in the country is pushing for “bold action” to avert the potential fallout — he is seeking compassionate releases of hundreds of vulnerable people who pose a low risk to public safety. For that to happen, judges would need to sign off.

“Jails and prisons are fertile ground for the spread of infectious disease,” Gonzales said, noting that his staff has done “yeoman’s work to keep an outbreak at bay,” addressing hygiene and health concerns. “My nightmare scenario is that an outbreak happens at the county jail.”

But he said, “The standards we implement in the general community are either impossible to follow or hard to do in a jail setting. Our criminal justice system must become more aggressive in granting compassionate releases.”

And time is of the essence, he said.

Harris County Judge Lina Hidalgo is on board and considers taking steps to mitigate an outbreak at the jail “a very high priority,” noting “this could spread like wildfire at the jail.” County officials and judges are discussing the matter and consulting the fine print of statutes that govern such measures to try to assess how to make it happen.

Hidalgo also said she’s looking at ways to limit the population at the county’s juvenile lockup.

“Were trying to do as much as is feasible and can be done in a safe way to have these people not packed in so close together,” she said.

Alex Bunin, the chief public defender for the county, said the situation is dire: “If you are in jail and … and facing charges for a nonviolent crime, that shouldn’t be a death sentence because you’re going to get cornonavirus.”

He said county leaders can give the sheriff the authority to release people on misdemeanors. Felony decisions, under normal circumstances, must come from the judges.

There are easy ways to prioritize who might be released – older inmates, pregnant women, immuno-compromised inmates, and the like. Bear in mind that if the jail becomes a hot spot for coronavirus, then everyone who works at the jail, everyone who provides goods and services to the jail, and everyone they come into contact with including their families, are put at risk. Are we serious about trying to contain this pandemic, or is all that just lip service? The question answers itself if you let it.

Coronavirus and the courts

More things that will be shut down for the time being.

Courts in the Houston region are announcing measures to reduce or suspend some operations in response to the new coronavirus outbreak and local declarations of emergency.

Harris County’s court system announced Thursday that jury service will be suspended from Friday through March 20, another move by local authorities as they grapple with the spread of the new coronavirus.

Local Administrative Judge Robert Schaffer said that the Board of District Court Judges met and decided to suspend service. “Jurors who have received a summons for these dates do not need to appear and do not need to schedule,” he said in the order released Thursday.

In addition Harris County Civil Administrative Judge Michael Gomez said earlier that civil trials will be canceled through the end of the month, and individual judges would determine how to handle bench warrants.

Brazoria County also announced suspension of jury duty because of the coronavirus outbreak for the week of March 16 and the week of March 23. “Residents that have received a jury summons for the week of March 16th or the week of March 23rd will not need to report for jury duty,” the county said in a release.

The federal courts have also announced some adjustments to civil matters in the wake of the public health pandemic, although federal courthouses across in the massive Southern District of Texas – which stretches from near the Louisiana border to the Mexico border — will remain open. Civil jury trials in Houston and Galveston have been postponed until April 1 or thereafter. Judges have the discretion to postpone bench trials.

The federal clerk’s offices will become a virtual operation, with aides available to the public by phone and responding to snail mail. The intake desks will process electronic court filings.

On the criminal side, juries are still being called. In addition, all hearings before a district, bankruptcy or magistrate judge will remain as scheduled unless the presiding judge in the case makes a change.

There’s more, involving civil, criminal, and family court, so read the rest, and check in with your court or your attorney if you have any legal proceedings in the near future. Texas Lawyer has a more comprehensive roundup of court actions around the state. As Alex Bunin, the head of the Public Defender’s office says in the piece, once there’s a confirmed case involving someone in a courtroom, whatever their role may be, it’s going to snowball from there.

Let’s also not forget the prisons and jails, which could be a major vector for the spread of the disease. The Harris County jail is doing screenings and can do quarantines, but maybe the short term answer is to arrest fewer people and let asylum-seekers and others out of detention. There’s lots of ways to do social distancing.

Meet your bail reform overseers

They’re where the buck will stop.

A federal judge Tuesday approved the choice of a Duke University law professor to oversee Harris County’s historic bail reform agreement that governs what happens to thousands of people arrested on low-level offenses.

Chief U.S. District Judge Lee H. Rosenthal ordered Brandon L. Garrett, from Duke’s Center for Science and Justice, to serve as monitor for implementation of the seven-year consent decree. The judge also approved Sandra Guerra Thompson, a former New York prosecutor who teaches at University of Houston Law Center, as deputy monitor for the settlement.

[…]

Garrett has a background in criminal justice, policy-making and reform, according to a biography on Duke’s website. His research and teaching has focused on criminal justice outcomes, evidence and constitutional rights. He has also studied DNA exoneration, eyewitness identification and corporate crime.

Guerra Thompson, a native of Laredo, is an award-winning professor who directs the university’s Criminal Justice Institute for the UH law program, according to the UH website. Her scholarly work includes articles on wrongful convictions, eyewitness identification, forensic science, civil asset forfeiture, federal sentencing, discrimination in jury selection, prosecutorial ethics, police interrogations and immigration-related crimes.

She has played a key role in the transition to office for Mayor Sylvester Turner in 2016 and Harris County District Attorney Kim Ogg in 2017. She was a founding board member for the Houston Forensic Science Center and was tapped in 2009 by Gov. Rick Perry to serve on the Timothy Cole Advisory Panel on Wrongful Convictions.

Sounds like two good people for the job. It’s not totally clear to me what exactly their responsibilities will be, but I assume if things are not going the way they should, we’ll hear about it from them.

It’s even harder to prosecute pot cases now

Such a shame.

What if lawmakers writing one of the most consequential laws to come out of last year’s legislative session, legalizing hemp in Texas, forgot to include a small, but crucial detail that could get your marijuana possession charges dropped?

That’s what happened last week, after a Brazos County court judge concluded the new law omitted a date typically included in state crime legislation. As a result, misdemeanor charges against a Texas A&M University student arrested on the day of his 2018 college graduation were summarily tossed.

The decision is the latest stumbling block that Texas’s nine-month-old hemp law has presented for police and prosecutors committed to pursuing low-level marijuana possession cases. Although the decision does not bind other judges, attorneys said the successful tactic had the potential to change the course of hundreds of pending cases across the state.

[…]

New state crime laws always include a clear dividing line, typically written as a date, said Shannon Edmonds, director of governmental relations for Texas District and County Attorneys Association. Before the date, the old law applies; after, the new law does.

Yet the hemp bill, which was passed through the Agriculture and Livestock Committee instead of the regular criminal justice panels, neglected to specify when the new pot definition started. A little-known provision of Texas law says that without clear transition instructions, if a new law lowers the penalty for a crime it can be applied retroactively.

The district and county attorneys association noted the missing language early on. “The law went into effect on June 10, 2019, but it is unclear whether it applies to previously-filed marijuana cases pending on that date,” it warned In a June letter to member prosecutors.

The bill’s sponsor, Rep. Tracy King, D-Batesville, did not return a call to his office seeking comment on the AWOL date.

Criminal defense attorneys noticed it, too, and began seeking cases to test if the new law could also be used to challenge older possession charges.

Long story short, they found a defendant in College Station who wanted to have his day in court, and their argument that the new law applied resulted in the dismissal of the case because the cops hadn’t tested the pot they said they found. Testing is another problem for prosecutors, and the DPS has said they don’t have enough money to handle the demand from the locals, leaving them in limbo. Which is fine by me. Let’s keep this natural experiment going and see for ourselves once and for all how little there is to fear from not being hardasses about weed.

How should we police the police?

This article raises a number of interesting questions.

Kim Ogg

A quarter of the 60-plus law enforcement agencies operating in Harris County have refused to sign agreements to help local prosecutors track problem cops.

Under those agreements, all signed since District Attorney Kim Ogg took office three years ago, 46 agencies have promised to voluntarily turn over information about potentially untrustworthy or unreliable officers. But 17 other agencies declined to sign, a move that forces prosecutors to spend time getting the information through subpoenas and can potentially drag out the resolution of cases.

The Houston Police Department, the Texas Department of Public Safety and Metro Transit Police are among those that signed memoranda of understanding, but all of the county agencies — including all eight constable precincts and the Harris County Sheriff’s Office — declined to sign.

“Based on the County Attorney’s advice, the sheriff’s office has joined with other Harris County law enforcement agencies that are unable to sign the district attorney’s proposed memorandum of understanding at this time,” Sheriff Ed Gonzalez said in a statement to the Houston Chronicle, adding that his agency still “fully cooperates” with prosecutors by “providing all legally required information concerning all pending cases being prosecuted.”

A county attorney’s office spokesman declined to explain why lawyers told agencies not to sign the agreement, saying the office was “not comfortable” commenting on legal advice given to clients.

To Ogg, that’s all far from ideal: Without an agreement in place, her office must send out subpoena orders to make sure agencies turn over everything.

“It’s a great deal of added work,” Ogg said. “I just don’t think this (agreement) is anything that law enforcement agencies should fear.”

Long-time local defense lawyer Patrick McCann agreed that it was a “pretty fair point” that issuing added subpoenas could be a significant burden for prosecutors, and raised concerns about some agencies’ refusal to enter an agreement.

“It is absolutely indicative of the culture of hiding the ball,” he said.

[…]

The three-page agreement asks agencies to tell the DA’s office whenever a potential police witness is charged with or investigated for a crime, relieved of duty or suspended for misconduct allegations, taken off casework, determined to be untruthful through an administrative investigation, or found guilty of misconduct that could call into question their integrity. Getting agencies to sign the agreement, Ogg said, would reduce work time for prosecutors and ensure that they get all the information they need to turn over to the defense.

“We rely upon the agencies to give us the information that we would need to comply with disclosure (requirements),” Ogg said, “and instead of just blindly relying, we’ve asked them to sign written memorandums of agreement.”

To defense lawyers like McCann, the efforts to create a database and get law enforcement on board seem “laudable,” but he pointed out that ultimately it’s up to the DA’s office as to whether or when to turn that material over. “They’re still trying to keep a stranglehold on the information,” he said, “and they’re terrible about timeliness.”

So first and foremost, why is it that the County Attorney advised the Sheriff and the Constables not to sign this MOU? I would definitely have asked this question when I was doing County Attorney interviews if I had known about this. This arrangement has been in place for five years, though it started with just an informal agreement with HPD. Similar formal agreements exist around the country. It’s certainly possible there have been problems with these things in other places, but what about this particular MOU is troubling to the County Attorney? Surely there’s a way to resolve this. I’d like to understand more about this.

The information gathered via this agreement is compiled into a database, which is not publicly disclosed by Ogg. I can understand that – there are privacy concerns, the unions would surely put up a fight, and the possibility exists that a cop could get on this list as a form of retaliation by their department. One might also argue that a cop should be eligible to come off that list after a certain period of good behavior, and that a cop might have some process to challenge their placement on that list. I also understand the argument for making it public. There’s an awful lot of secrecy that surrounds law enforcement agencies, and if we’ve learned one thing in recent years it’s that such secrecy is toxic. I got an email from a person at The Justice Collaborative a little while ago, sending me their documentation about where Kim Ogg and the two main challengers stand on a variety of issues. They had all been sent a questionnaire, and I was given the responses sent by Audia Jones and Carvana Cloud; Ogg did not respond but where her position was known via public statement or her past record, it was noted. The issue of maintaining a disclosure database and making it public was included in the questionnaire – Jones supported having a public list, Cloud said she would not make it public, matching Ogg’s position. I don’t know enough right now to know how I feel about this, but I wanted to share that much with you.

Anyway. Having this arrangement is a good thing. Getting all 63 law enforcement agencies for Harris County on board should be a priority, with the non-participating agencies made known. Whatever is preventing the HCSO and the Constables from joining needs to be resolved. That can and should be a job for all of the relevant elected officials.

Cite and release

This has been a long time coming.

Sheriff Ed Gonzalez

Harris County law enforcement officials on Tuesday will begin a “cite and release” program that treats some misdemeanor charges like court citations for speeding tickets, just days after the district attorney’s office said it could not fully comply with the initiative.

The program, which applies to six charges handled in Harris County’s misdemeanor courts, comes amid countywide discussions about bail reform and over-incarceration, as well as District Attorney Kim Ogg’s repeated requests that Harris County Commissioners Court fund more prosecutors for her office.

The Harris County Sheriff’s Office is the first policing agency in the area that is reported to be participating in the program approved by a working group that includes judges. After voicing concerns in a letter to the sheriff, Ogg’s office agreed to the new procedures.

Ogg’s office sent the Chronicle a copy of the letter but declined further comment.

Sheriff Ed Gonzalez noted that Harris County is behind the curve on using cite and release, as other Texas counties began employing it after the state Legislature in 2007 authorized such programs. The hope is that fewer bookings will allow deputies to have more time to patrol neighborhoods, while people who are eligible can stay with their families and keep going to work, he said.

“This administrative policy should help reduce our pre-trial county jail population and provide local costs savings to taxpayers,” the sheriff said. “Citations can divert lower risk individuals from detention, reserving limited space and resources for more dangerous individuals.”

The class A and B misdemeanor charges that apply are criminal mischief, $100-$750; graffiti, $100-$2,500; theft, $100-$750; theft of service $100-$750; contraband in a correctional facility; and driving while license invalid.

If a resident is stopped on one of those offenses, the sheriff’s office will run a check for active warrants and contact the district attorney’s office to see if the person is eligible for cite and release, according to an internal memo about the procedures.

Once prosecutors accept the charges, the deputy completes the citation as long as it’s signed off by the defendant. The suspect is given a court date on the spot and then released.

These are exactly the types of defendants who would be at the top of the list for a personal recognizance bond, so it makes sense to treat them this way. I feel like we’ve been talking about this for a long time, including with HPD, but it just hasn’t happened before now. As the story notes it’s happened as a direct result of the 2018 election, as the Democratic misdemeanor court judges were a driving force behind it. This is the moment, and it’s clearly the way to go. And now that the Sheriff’s office has adopted this policy, maybe HPD will follow.

Metro’s robot security guards

Not a character from a dystopian action movie, I promise.

Robot security guards are coming to a Houston-area transit center, park and ride lot and rail station in the coming months, after the Metropolitan Transit Authority board approved a $270,000 test of the techno-police Thursday.

“They have been shown to be deterrents,” said Denise Wendler, chief information officer for Metro.

Wendler said Metro’s agreement with Knightscope is a one-year test, from which it could expand beyond the three locations. Citing the need to provide more security to petty crimes without stretching police resources, officials sought information on the robotic rangers.

Agency officials, in consultation with the company, will decide which parking lots, transit centers and rail stops get a robot in the first year, Wendler said.

Security sentinels are becoming a familiar sight in shopping malls and some developments. In downtown Houston, a robot patrols the grounds of Allen Center.

Though many users nationally have said they are a cost-effective crime deterrent, the devices have raised alarms with some privacy concerns about a robot roaming public spaces recording everything and broadcasting back to private and public entities. Fears of hacking also have been raised.

Metro officials are likely to use a K5 robot — a 400-pound, 5’2” bullet-shaped bot that moves at a maximum speed of 3 mph — at a transit center and park and ride lot. Though a sleek R2-D2 does not sound that intimidating, its ability to record video and relay it to police is its real threat to thieves and others.

“What they have seen is people move away from it because they do not want to be videoed,” Wendler said.

If you’re thinking you might have seen one of these things before, you may have. I don’t feel like digging through my archives for this, but there was a big discussion in Houston a bit more than a decade ago about the usefulness of installing a bunch of closed-circuit cameras downtown as a crime deterrent. That was eventually scrapped, partly for cost reasons, partly for privacy reasons, partly for a general lack of evidence that the cameras did serve as deterrents. It’s possible that data is different now – for sure, camera and surveillance technology is a lot more advanced, for better and worse – but even then the one good use case for the closed circuit cameras was in enclosed spaces – parking lots, subway trains, that sort of thing – and that’s more or less what is being proposed here. So we’ll see how they work. I do hope Metro is forthcoming with data about the experience, and I hope they will admit it and move on if they don’t have much effect.

Stockman denied on appeal

At least one thing in this world is still righteous and wholesome.

Best newspaper graphic ever

A federal appeals court summarily rejected what it called a “self-serving” appeal by disgraced former U.S. Congressman Steve Stockman, finding the lower court properly convicted him of 23 felony counts in a massive fraud scheme involving illegal spending of more than $1 million in charitable donations.

The 5th U.S. Circuit on Friday slammed the “somewhat tortuous” argument by the ex-lawmaker that the trial judge erred by failing to acquit him and by improperly instructing jurors. The 18-page opinion was riddled with stinging barbs.

Stockman’s lawyer picked apart the lengthy jury instructions on appeal, but the court said those arguments were “confected on a foundation of sand” and found “ample support” for conviction. Each of six claims that the trial judge improperly instructed the jury lacked merit, the appellate panel found, in an opinion dripping with sarcasm.

“Stephen E. Stockman served four years in Congress and now faces ten years in prison,” begins the opinion written by Sen. U.S. Judge E. Grady Jolly. “He seeks to avoid this career detour.”

The opinion goes onto say that the Republican ex-congressman argued “that prison should not be the next item on his résumé because the convictions were tainted by improper jury instructions and unsupported by the evidence.” The appellate court strongly disagreed, in the ruling joined by Judges James E. Graves, Jr. and Stephen A. Higginson.

[…]

Stockman’s appellate lawyer David A. Warrington previously served as counsel to the 2016 Trump campaign at the Republican National Convention and describes himself on his firm’s website as “one of the leading Republican lawyers in the nation.” He argued in court documents that prosecutors failed to prove Stockman intentionally defrauded two major GOP donors when he solicited donations to pet projects.

“Stockman was convicted for nonprofit fundraising and political activities subject to protection under the First Amendment,” Warrington wrote, asking the court to dismiss the case because “The Government’s case against him turned his failure to achieve completion of certain nonprofit political activism and projects into fraud.”

However, the appeals court responded last week by referencing the painstakingly detailed evidence of money transfers showing the ex-congressman perpetrated “a scheme to separate wealthy donors from their money and to spend that money at Stockman’s pleasure and direction.”

The ruling ends with a final decisive punch:

“In sum, the judgment of the district court is, in all respects, AFFIRMED.”

See here and here for the background. This is a work of art and you should enjoy it as such.

Marijuana arrests stay down

We really should view this as the new normal, and not a problem to be “fixed”.

It’s been more than six months since Texas lawmakers legalized hemp and unintentionally disrupted marijuana prosecution across the state.

Since then, the number of low-level pot cases filed by prosecutors has plummeted. Some law enforcement agencies that still pursue charges are spending significantly more money at private labs to ensure that substances they suspect are illegal marijuana aren’t actually hemp.

The Texas Department of Public Safety and local government crime labs expect to roll out a long-awaited testing method to distinguish between the two in the next month or so. But that’s only for seized plant material. There’s still no timeline for when they will be able to tell if vape pen liquid or edible products contain marijuana or hemp. And DPS said even when its testing is ready, it doesn’t have the resources to analyze substances in the tens of thousands of misdemeanor marijuana arrests made each year — testing it didn’t have to do before hemp was legalized.

“If law enforcement agencies and prosecutors asked for all of those to be tested when these new procedures become available … DPS would start with such a huge backlog that it would likely never get caught up,” said Shannon Edmonds, director of governmental relations for the Texas District and County Attorneys Association. “One decision for prosecutors and law enforcement agencies and the labs is: How do they triage these cases to focus on the most important ones?”

[…]

In 2018, Texas prosecutors filed about 5,900 new misdemeanor marijuana possession cases a month, according to data from the Texas Office of Court Administration. The first five months of 2019 saw an average of more than 5,600 new cases filed a month. But since June, when the hemp law was enacted, the number of cases has been slashed by more than half. In November, less than 2,000 new cases were filed, according to the court data.

For those who support marijuana legalization, that change is welcome, adding to an already growing effort in some of the state’s most populated counties to divert pot smokers from criminal prosecution or not arrest them at all.

“It means that there are fewer Texans that are getting slapped with a criminal record for marijuana possession, something that is already legal in other states,” said Katharine Harris, a drug policy fellow at Rice University’s Baker Institute for Public Policy.

See here for the background. There’s no serious argument to be made that the drop in marijuana arrests has had any negative effect on public safety, but it has had the positive effect of keeping thousands of basically harmless people out of the criminal justice system. The main problem with the new status quo is that the reduction in prosecutions is completely ad hoc and not systemic. Whether one gets arrested and jailed or warned and released is entirely a function of where you are and which law enforcement agency is dealing with you. The Lege in 2021 needs to look at what has happened since this inadvertent loosening of marijuana laws and make it a real, permanent thing. We’ve already seem that nothing bad will come of it. Grits and the Current have more.

Will the Paxton case move back to Collin County?

Team Paxton is asking for that to happen.

Best mugshot ever

A Harris County judge said Tuesday he will rule by the end of next month on Attorney General Ken Paxton’s request to move his felony securities fraud case back to his home county.

Judge Robert Johnson avoided getting into other issues raised in the case until he decides whether to send it back to Collin County, where it originated nearly four years ago.

Special prosecutor Kent Schaffer — who opposed Paxton’s motion to move the case — said after Tuesday’s hearing that he thinks Johnson “will make the right decision” and that he believes “with a high degree of certainty” that Paxton will go to trial by spring 2020.

[…]

The case has been delayed for nearly four years now for reasons ranging from the change of venue request to courtroom damage due to Hurricane Harvey to an ongoing disagreement between Collin County officials and special prosecutors over what they ought to be paid for their work.

It was Paxton’s political influence in Collin County that led a judge to move the case to Harris County in the first place. In 2017, Judge George Gallagher sided with prosecutors who argued that Paxton could not receive a fair trial in the county where many of his friends and political allies live and hold positions of power.

The Collin County District Attorney, for example, recused himself from the case because of a friendship with Paxton, a former state legislator.

Paxton’s lawyers argue that Gallagher exceeded his authority in changing the venue in the first place because his temporary assignment to the case had expired months before he made the decision.

They’ve also said that public attention on Paxton’s indictment has waned since 2016 when the case was the talk of “blogs, media and Facebook posts.” Plus, Collin County is better-equipped to take the case as well, they say, because the Harris County court system is already overburdened.

See here, here, and here for the background. Paxton’s argument seems pretty self-serving here, but in some sense it doesn’t matter. We all know Judge Johnson’s ruling will get appealed, all the way to the CCA, and that whole rigamarole will take a couple more years. We’re all going to be old and gray before this case is resolved.

Former judge McSpadden rebuked by State Commission on Judicial Conduct

Good.

A former district judge who served on the Harris County bench for 36 years has received a formal reprimand from a state watchdog commission for comments he made to a Houston Chronicle reporter stating black defendants were getting poor guidance from their parents about how to behave when they’re suspected of crimes.

The commission’s rebuke also cited the former judge’s comments in an editorial he penned for the Chronicle expounding on black defendants’ attitudes toward the justice system.

The State Commission on Judicial Conduct issued a warning on Nov. 12 to Michael McSpadden, a Republican who served on the 209th Criminal Court from 1982 through the 2018 election, for “casting public discredit on the judiciary and the administration of justice,” based on a series of comments he made about defendants’ attitudes toward judges and police officers. The commission announced its decision on Monday.

The Austin-based panel found that McSpadden violated a portion of the Texas Code of Judicial Conduct that instructs judges not to do anything outside of court that casts reasonable doubt on the judge’s ability to act impartially. The panel also found McSpadden violated the Texas Constitution’s prohibition against “willful and persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit upon the judiciary or administration of justice.”

The warning does not prevent McSpadden from sitting by assignment as a visiting judge, according to Eric Vinson, former executive director of the commission.

[…]

Ashton Woods, president of Black Lives Matter Houston, who called for McSpadden to come under scrutiny for the comments, said the former judge’s statement in chambers and in his editorial called into question his ideology, indicating he could not be fair to black defendants and people of color who came before him due to his preconceived notions of how they may think.

“There’s already an imbalance … and when people put their thumb on the scale like McSpadden did, it increases the disparity,” Woods said. “There may have well been innocent people going through his court and he may have thrown the book at them because he had a bias toward them.”

Woods said he hoped all of McSpadden’s rulings would be reviewed for impartiality.

James Douglas, president of the Houston branch of the NAACP, said he did not think the commission went far enough.

“I think he should be banned from sitting on the bench,” Douglas said. “I don’t think he has the mental temperament or understanding of racial issues…Those views are not the views of a person who is totally impartial on the issue. He indicates he is not impartial when it relates to charges against African American males.”

See here and here for some background. The original comments from McSpadden, who was thankfully removed from the bench last year by the voters, came in a story about how he and others had “directed magistrates to deny no-cash bail to all newly arrested defendants”, over a period of nearly ten years. I agree that McSpadden’s previous rulings should be reviewed, and I definitely agree that he should never be allowed near a bench again. The visiting judge system needs an overhaul as it is, and it should be updated to exclude specifically problematic jurists like McSpadden. This is a no-brainer.

Smoots-Thomas suspended from the bench

What you’d expect.

Alexandra Smoots-Thomas

A district court judge in Harris County has been suspended after she was indicted on federal wire fraud charges for allegedly misspending campaign donations.

Judge Alexandra Smoots-Thomas, 44, will be removed from her bench without pay until the State Commission on Judicial Conduct determines otherwise, the oversight board said Tuesday, the same day it was presented with the indictment and ordered her suspension.

“We’re not surprised, but we’re still very disappointed that the state chose to take that action,” Smoots-Thomas’ attorney, Kent Schaffer, said. “It just adds to the fight that we have before us.

[…]

The State Commission on Judicial Conduct has the authority to suspend judges, but can only recommend their removal to the Texas Supreme Court after conducting an investigation, according to the commission’s procedures.

Smoots-Thomas has rarely sat on her bench this year, Schaffer said, because she has breast cancer and has undergone several rounds of treatments.

See here for the background. I guess I can understand being disappointed in this entirely expected decision, but I don’t know what else might have happened. I can’t imagine a scenario in which a judge in similar circumstances would not be suspended. If nothing else, anyone appearing before her might reasonably question whether she could be on her game, since there would obviously be bigger things on her mind than whatever case was being argued.

I know that Judge Smoots-Thomas is collecting signatures to get on the ballot next year. I don’t know at this time if anyone else is doing the same. I’ll be surprised if that isn’t the case, but stranger things have happened. In the meantime, we’ll see how long this investigation takes.

State Rep. Poncho Nevarez busted for cocaine possession

It’s been a week, hasn’t it? I have three things to say about this.

Rep. Poncho Nevarez

Authorities issued a warrant Thursday for the arrest of state Rep. Poncho Nevárez, an Eagle Pass Democrat, on felony drug possession charges. A state special investigator claims in the warrant, which was obtained by The Texas Tribune, that Nevárez was caught on surveillance footage in September dropping an envelope with cocaine as he was leaving the Austin airport.

A magistrate judge in Travis County signed the warrant Thursday afternoon. Nevárez faces a charge of third-degree felony possession of a controlled substance, which carries a maximum punishment of 10 years in prison.

Neither Nevárez’s office nor the Travis County District Attorney’s Office immediately responded to a request for comment.

Thursday’s news came hours after an affidavit detailing the allegations, filed Oct. 29 in Travis County court by the Texas Department of Public Safety, was revealed and later obtained by the Tribune and other news outlets. The affidavit was attached to a warrant seeking to conduct a test to determine whether Nevárez’s DNA was on the envelope. The document says that the envelope had Nevárez’s official House seal and held “four small clear baggies” containing a substance found to include cocaine.

Nevárez, who chairs the House Homeland Security & Public Safety Committee, announced last week he was retiring from the lower chamber. And in a statement to the Tribune Thursday morning before the warrant was issued, Nevárez confirmed that the “news is true” — and that the events detailed in the affidavit prompted his decision to not seek reelection.

“I do not have anyone to blame but myself,” he said, noting that he plans to seek treatment. “I accept this because it is true and it will help me get better.”

1. Nevarez had previously announced he was not running for re-election, which I think we can all agree is for the best. Sometimes, regardless of other considerations, stepping back in order to get one’s life together is the stronger course of action.

2. And I really do hope he gets his life back together. Addiction is a terrible thing, and it has real costs not just on the addict but on the addict’s family and friends. Even if I am grossly overstating the issue here – I am making some big assumptions – I stand by the main point about the personal cost to all involved.

3. I hope we take this as an opportunity to further reflect on how the criminal justice system handles drug usage and possession. I would not advocate for decriminalization of cocaine, but I would hope we would all by now recognize that a ten-year jail sentence for possessing a small amount of it is ridiculous and serves no worthwhile purpose. It’s needlessly punitive, exorbitantly expensive, and surely does not have a positive effect on addiction and drug abuse. And we should reflect on the fact that while someone like Rep. Nevarez is unlikely to spend much if any time in jail, many many people in Texas and around the country are not so fortunate. Our drug laws are harmful and woefully out of date. We really should do something about that. If Rep. Nevarez’s situation helps even one legislator realize that, then at least one good thing will come out of this.

Harris County’s gun surrender program

Just common sense.

Judge Lina Hidalgo

Harris County officials on Tuesday announced four measures aimed at curbing gun violence, which County Judge Lina Hidalgo said are necessary because the state and federal governments have missed opportunities to prevent shootings.

Hidalgo secured unanimous approval from Commissioners Court to expand a gun surrender program to all 22 of the county’s felony courts.

Additionally, county officials unveiled a streamlined system of reporting criminal convictions to the Texas Department of Public Safety, a new health department task force focused on violence prevention and a free gun lock program.

“We know the vast majority of Americans want common-sense gun reforms, and it’s an issue where we’re not just going to roll over,” Hidalgo said. “We’ve spent the last few months scouring what we can do within the framework that exists.”

[…]

The surrender program, which debuted in the 280th family court in December 2018, requires defendants charged with domestic violence offenses to give up their weapons to the Harris County Sheriff’s Office until their legal cases are resolved. To date, deputies have seized 25 guns under 10 protective orders.

Speeding up the reporting of convictions is one of the gun violence mitigation ideas Greg Abbott had in the wake of the El Paso murders. The surrender program for domestic violence offenders is just a recognition of the correlation between gun violence and domestic violence. Anyone who opposes these simple, broadly-supported, sensible solutions – a group that apparently includes one of the Republican candidates in HD148 – has no interest in reducing gun violence. Anyone who doesn’t support these proposals is part of the problem.

District Court Judge Smoots-Thomas accused of wire fraud

Yikes.

Alexandra Smoots-Thomas

A Harris County judge is facing federal charges that accuse her of using campaign donations for personal expenses, including for mortgage payments, private school tuition and travel.

Judge Alexandra Smoots-Thomas, 44, is charged with wire fraud charges, according to federal prosecutors. She turned herself in to U.S. Magistrate Peter Bray, appearing before him with chains wrapped around her waist and ankles.

She pleaded not guilty to the charges, and the magistrate set a pre-trial conference for Jan. 6.

Wearing a gray and black suit, she kept her head down for most of the arraignment. Smoots-Thomas has breast cancer, and had a round of chemotherapy on Thursday, attorney Kent Schaffer said.

Schaffer denied the charges after the proceeding, alleging that the U.S. Attorney’s Office, under Ryan Patrick, was targeting Smoots-Thomas because she is a black female Democrat.

“She has not defrauded anybody,” he said.

Patrick’s office has been contacted for comment on Schaffer’s allegations.

A federal grand jury on Oct. 24 returned a seven-count indictment against Smoots-Thomas, who presides over the 164th District Court and has jurisdiction over civil cases within Harris County. The indictment was unsealed on Friday.

[…]

The indictment alleges Smoots-Thomas of soliciting campaign contributions on the premise the money would be used to help facilitate her re-election campaigns in 2012 and 2016, prosecutors said. She concealed the expenses from her campaign treasurer and the Texas Ethics Commission by filing false campaign finance reports, according to the charges.

Obviously, this is bad and upsetting. She is of course innocent until proven guilty, but federal prosecutors tend to prefer bringing charges in cases they feel confident about winning.

Judge Smoots-Thomas was first elected in 2008. She was known as Alexandra Smoots-Hogan then; I know she had gotten divorced, and I presume remarried. There’s always a question about whether elected officials who are accused of crimes should resign when that happens. This is where I point out that Ken Paxton is still Attorney General, and I have not called for his resignation because he has not yet been convicted of anything. I’m inclined to believe that Kent Schaffer’s allegation about Assistant US Attorney Ryan Patrick is more defense lawyer strategy than anything else, but if all it took was an indictment to force someone out of office, then it’s certainly possible to imagine a politically motivated prosecutor filing sketchy charges as a partisan tactic. Plenty of people have been unjustly prosecuted in other contexts, after all. It’s a terrible look and I’m sure Republicans are rubbing their hands with glee over the potential attack ads, but even public officials get their day in court.

No charges against Bonnen

No surprise.

Rep. Dennis Bonnen

Texas House Speaker Dennis Bonnen will not be criminally prosecuted for the things he said during a secretly recorded June meeting with a hardline conservative activist, the district attorney in his hometown announced Thursday.

“As repugnant as Speaker Bonnen’s actions and statements are,” Brazoria County District Attorney Jeri Yenne said in a statement, “I do not believe there is sufficient evidence from the June 12, 2019 meeting to warrant a criminal prosecution of Speaker Bonnen for Bribery or Solicitation of a Gift by a Public Servant, therefore no criminal charges will be brought.”

[…]

A spokesperson for Bonnen said Yenne’s decision “deflates Michael Quinn Sullivan’s entire reason for going public three months ago — that, according to him, the Speaker solicited a bribe and broke the law.”

“Unfortunately, we now live in a political climate where one is guilty until proven innocent, and not only has that thrown the ability of Republicans to hold onto our House majority into jeopardy, it sets a dangerous precedent moving forward,” Cait Meisenheimer, the speaker’s press secretary, said in a statement. “While justice prevailed today, unfortunately, the damage has been done.”

See here, here, and here for the background. This was the conclusion of the Texas Rangers investigation – their report was submitted to DA Yenne earlier this week, according to the story. There wasn’t anything in the tape to suggest criminal activity, just deep stupidity, for which Bonnen will leave the Legislature and Yenne chewed him out. All things considered, I’ve got no gripes about how this turned out.