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A closer look at the Aguirre/Hotze debacle

This WaPo story was pointed out in the comments here, and it’s worth your time to read. I should note that while the Houston Chronicle has not (at least so far) identified the air conditioning repairman that Aguirre attacked, this story did identify and talk to him. For now, I’m going to stick to the Chron’s style guide, so where the WaPo story includes his name, I’m going to put “[the ACRM]” in my excerpt, to stand for “the air conditioning repairman”.

The episode illustrates the extreme and sometimes dangerous tactics that a set of conservative groups have employed in an effort to substantiate President Trump’s unproven allegations of widespread voting fraud in the election. Theories about truckloads of missing mail-in ballots, manipulated voting machines and illegal mail-in ballot collections have abounded in far-right circles, despite a lack of credible evidence, leading to threats of violence against election workers and officials.

Many of the fraud allegations have come in the form of lawsuits that have been rejected by state and federal judges across the country.

The overall effort in Houston stands out because it relied on an expensive, around-the-clock surveillance operation that, for reasons so far unknown publicly, targeted a civilian — authorities called him “an innocent and ordinary air conditioner repairman” — with no apparent role in government or election administration. The operation was also financed by a newly formed nonprofit group run by a well-known GOP donor in Texas and prominent former party officials in Harris County, the state’s most populous county, corporation records show.

The nonprofit group, the Liberty Center for God and Country, paid 20 private investigators close to $300,000 to conduct a six-week probe of alleged illegal ballot retrievals in Houston leading up to the election, the group has said. None of its allegations of fraud have been substantiated.

The group’s president, Steven F. Hotze, did not respond to an interview request.

Aguirre declined to say why the operation focused on [the ACRM].

“I’m not trying my case in the paper,” Aguirre, who was released on $30,000 bail, told The Post in a brief phone interview on Dec. 16. “I don’t care about public opinion. I’m trying my case against these corrupt sons of [expletives].”

The origins of Aguirre’s election fraud investigation date to the formation of the Liberty Center for God and Country in late August.

[…]

Hotze’s nonprofit group was created “for the purpose of ensuring election integrity primarily,” said Jared Woodfill, Hotze’s personal lawyer and the former executive director of the Harris County Republican Party, the county that includes Houston. Woodfill is listed on state incorporation records as a director of the nonprofit group, along with Jeffrey Yates, the former longtime chairman of the county’s Republican Party. Yates did not respond to phone messages.

“The socialist Democrat leadership in Harris County has developed a massive ballot by mail vote harvesting scheme to steal the general election,” a now-deleted fundraising page for the group alleged. “We are working with a group of private investigators who have uncovered this massive election fraud scheme.”

The group raised nearly $70,000 through a GoFundMe page from Oct. 10 through last week. Hotze has said publicly that he donated $75,000 to the probe and that an unnamed individual had donated another $125,000.

Hotze turned to Aguirre to assemble a team of 20 private investigators, according to Aguirre’s attorney, Terry Yates, who is not related to Jeffrey Yates.

“Mark would say he’s the guy who was in charge,” Terry Yates told The Post.

I’m not going to try to guess what might be going on in Steven Hotze’s whack-a-mole brain, but I do want to understand why these jokers came to focus on this one poor guy. There had to be some reason for it, however irrational and ultimately wrong-headed. If nothing else, the attorney that eventually files a massive lawsuit against Hotze for the pain and suffering our ACRM endured will want to know the full story.

In September, Aguirre wrote an affidavit for a lawsuit brought by Hotze and the Harris County GOP before the Texas Supreme Court seeking to curtail early and mail-in voting. The affidavit alleged Democrats had devised a scheme to submit as many as 700,000 fraudulent ballots in Harris County. The Texas Supreme Court dismissed the lawsuit on Oct. 7.

Nevertheless, law enforcement officials in Harris County began looking into the claims in the affidavit. The affidavit did not mention [the ACRM], but described what it contended was a broader ballot-harvesting effort directed by local Democratic officials.

Four investigators from the Harris County Precinct 1 Constable’s Office, which is responsible for investigating voter integrity issues, were assigned to the investigation, an official said.

“We looked into the allegations,” said Constable Alan Rosen, who said investigators conducted interviews with various people but got no cooperation from Aguirre and other private investigators. “We wanted to investigate their side of the story and they wouldn’t talk to us.”

“No proof was ever substantiated,” according to Rosen.

As the Nov. 3 Election Day neared, Aguirre and other unidentified private investigators began to monitor [the ACRM] more closely, court records show. By mid-October, they had devised a plan to carry out extensive monitoring that kept eyes on the air conditioning repairman day and night, court records show.

Beginning around Oct. 15, the investigators started “24 hour surveillance” on [the ACRM]’s mobile home, a police affidavit states. They set up a “command post” nearby, renting two hotel rooms for four days in a Marriott hotel, according to the affidavit. As they watched [the ACRM], Aguirre unsuccessfully tried to convince law enforcement authorities at the state level that he was on to something big, according to several law enforcement agencies and court records.

On Oct. 16, Aguirre called a member of the state attorney general’s election task force, Lt. Wayne Rubio, to request that Rubio order a traffic stop of [the ACRM]’s vehicle, court records show. Rubio declined. Aguirre “seemed upset that the Department of Public Safety could not stop and detain an individual based solely on [Aguirre]’s uncorroborated accusations,” Rubio later told police, according to the affidavit.

Aguirre told Rubio that he would make the traffic stop and execute a “citizen’s arrest,” the affidavit states. Rubio did not respond to interview requests, and the Attorney General’s Office declined to comment.

Aguirre also contacted Jason Taylor, a regional director at a separate statewide law enforcement agency — the Texas Department of Public Safety — the agency said in a statement to The Post. That contact came a day before Aguirre is accused of ramming [the ACRM].

“Mr. Aguirre brought up the allegations of election fraud during a phone call on Oct. 18, 2020, with the Texas Department of Public Safety (DPS) Regional Director,” a spokesman wrote. “Based on that call, the matter was then discussed with the (DPS) Texas Ranger Division. The decision was then made to refer Mr. Aguirre to the Office of the Texas Attorney General.”

Aguirre later told police he was frustrated that he had “not received any help” from law enforcement agencies, according to the police affidavit.

So many questions here. What evidence did Aguirre present to DPS and the AG task force? Clearly, it was pitiful, because had there been anything at all to the juicy allegation of Democrats engaging in massive fraud, these guys would have been all over it, but that’s not the whole picture. The bigger question is, should Aguirre’s delusions have given these guys cause to worry about his actions and the potential danger to the ACRM? Did they take his threat of a “citizen’s arrest” seriously, and if not why not? Imagine for a minute if our ACRM had had a concealed carry license, and had made the determination when he saw Aguirre approach him that his life was in danger (which, as it happens, it was) and he needed to defend himself. Or instead imagine if Aguirre had gotten jumpy and made the same decision for himself. This “citizen’s arrest” could very well have had a body count, which is why I ask, should the law enforcement officers that Aguirre complained were unwilling to help him have taken action against him instead? It’s more grist for our ACRM’s future attorney, I suppose.

Police later reviewed grand jury subpoena records from Aguirre’s bank, the police affidavit states, and saw wire transfers of nearly $270,000 to his account from the Liberty Center for God and Country with payments of $25,000 each wired on Sept. 22 and Oct. 9, and $211,400 deposited the day after the alleged assault.

Houston police declined an interview request and said they would not answer specific questions about the case because the department’s investigation is ongoing.

The Harris County District Attorney’s Office, which charged Aguirre after a grand jury indictment, also declined to answer questions. “This is an active, ongoing investigation,” spokesman Michael Kolenc wrote in an email.

As I said before, I really hope that this ongoing investigation includes Hotze and the malevolent organization he spawned to finance this travesty. I sure won’t be surprised to learn that they were not scrupulous in following the law prior to Aguirre’s attack on the ACRM. Don’t be afraid to go where the evidence leads.

Aguirre’s arraignment

The latest update on the Aguirre/Hotze fever-dream “vote fraud” case.

An ex-Houston police officer on Friday swore he is “done” with private investigations after being arrested and charged with assaulting an air conditioning repairman he claimed was involved in a massive ballot fraud scheme.

Mark Aguirre, a former Houston Police Department captain who is now a licensed private investigator, called in to state District Judge Greg Glass’ courtroom for his first court appearance in the case. His setting originally was scheduled for Thursday but was postponed because he has COVID-19, his attorney said.

As conditions of his release on bond, Aguirre is barred from contacting the repairman, possessing firearms, or continuing to work with the Liberty Center for God and Country, which hired him to investigate voter fraud leading up to the Nov. 3 general election.

When prosecutors requested Aguirre no longer work with the right-wing group, he volunteered not to do any more investigations, period.

“No. I’m done,” he said.

Aguirre frequently works with law firms around Houston, defense attorney Terry Yates said.

Glass denied prosecutors’ requests that Aguirre be monitored by a GPS tracking device. He has one firearm that he said he would turn over to his attorney.

Aguirre was charged Tuesday with aggravated assault with a deadly weapon, a felony, and was released after posting bond on a $30,000 bail.

[…]

Yates gave a different account of what happened in an interview Friday, alleging that the incident took place after Aguirre and the repairman were involved in a “fender bender.” Yates said the repairman got out of his truck and rushed at Aguirre, prompting the confrontation.

“(The police) came out and investigated, and after they took quite a bit of time out there interviewing everybody, they gave (Aguirre) his gun back and told everybody to go their separate ways,” Yates said.

See here and here for the background. My first thought is that I’m going to need to come up with a pithy name for this saga, because the description I used in the opening of this post just won’t do. My second thought is that if Aguirre goes and does something stupid before his trial, at least he met the criteria of being able to pay a bail bondsman for his ability to be out on the street. My third thought is that defense attorney Terry Yates, and by extension Hotze, is going long on the defense here by claiming a completely alternative reality, one in which the victim in the alleged crime is actually the instigator and the defendant is the real victim. I presume there will be a heaping helping of conspiracy as part of this defense, since there was a few weeks between the event in question and the arrest of Aguirre. I wonder if Yates will have any evidence to present to back his claims about the van driver, or if he’s just going to spray a lot of countercharges and hope to confuse the jury. I have previously speculated that there may be further investigation into the payments that Hotze made to Aguirre, and so I wonder if we will see further charges down the line. Or maybe this is all there is and it will fizzle out, perhaps into a misdemeanor plea. It’s something to look forward to in 2021, at least.

Hotze spews some BS

That could be a perennial headline, like a pinned tweet, but here it’s for a specific purpose.

Conservative activist Steven Hotze said Wednesday he does not know if the former Houston police captain he hired to investigate voter fraud really did detain an air conditioning repairman at gunpoint and direct his associates to search the man’s truck for stolen ballots, as prosecutors alleged a day earlier.

He did not witness the predawn Oct. 19 confrontation with his own eyes, so he chalked up the felony charge of aggravated assault with a deadly weapon against Mark A. Aguirre as “one man’s word against another man’s word.” The repairman’s truck contained only parts and tools, authorities said.

Hotze did not, however, apply that same skepticism in urging the public to take seriously his claims of a large-scale ballot harvesting operation perpetrated by powerful Houston Democrats that he said Aguirre and around 20 other investigators in his employ had uncovered and then foiled leading up to the Nov. 3 general election.

During a bizarre news conference that began with Hotze accusing Harris County District Attorney Kim Ogg of a politically motivated prosecution and concluded with him recommending an unproven drug to ward off COVID-19, the activist alleged that Democrats had attempted to forge hundreds of thousands of mail ballots without providing evidence to support his claims.

Hotze confirmed that he paid Aguirre $266,400 to investigate voter fraud allegations through his group, Liberty Center for God and Country, including more than $211,000 the day after the Oct. 19 incident. And he called the assault charge “bogus,” questioning why Aguirre was not arrested earlier.

“Two months later? Really? … Something smells,” Hotze said.

Hotze said he would not condone Aguirre’s actions if they were proven true, but he called the inquiry from a reporter a “hypothetical.” And he said he was not worried about being legally implicated as the one funding Aguirre’s investigative work.

See here for the background, and here for an update on defendant Mark Aguirre. Challenge accepted, I hope. Nothing would please me more than to see someone slap handcuffs on Steven Hotze. An acceptable consolation prize would be for one of Houston’s fine trial attorneys to sue the bejeezus out of him on behalf of the air conditioning repairman who was threatened and terrorized by Aguirre and whatever other thugs were involved. A multi-million dollar judgment, along the lines of the cases that the SPLC won against various domestic terrorists in the past, would be a fine coda to this story.

The real danger of unhinged conspiracy theories

Because sometimes malevolent people act them out, with potentially deadly consequences for others.

An air conditioning repairman was driving in south Houston around 5:30 a.m. on Oct. 19 when a black SUV rammed the back of his truck. When he pulled over in the darkness and got out to check if the other driver was OK, the man in the SUV drew a pistol and ordered him to the ground.

He complied. As the other driver drove a knee into his back, the repairman saw two other vehicles pull up, and feared he would be killed in what he believed was a predawn carjacking.

Instead, according to an indictment announced Tuesday by the Harris County District Attorney’s Office, the incident was a brazen attempt by a former Houston police captain to secure evidence to support a far-fetched claim that prominent local Democrats had orchestrated a scheme to harvest more than 700,000 ballots leading up to the Nov. 3 election. The ex-lawman, Mark A. Aguirre, 63, faces a felony charge of aggravated assault with a deadly weapon stemming from the Oct. 19 confrontation.

“He crossed the line from dirty politics to commission of a violent crime and we are lucky no one was killed,” District Attorney Kim Ogg said. “His alleged investigation was backward from the start — first alleging a crime had occurred and then trying to prove it happened.”

Aguirre told police they would find hundreds of thousands of ballots in the repairman’s truck. Instead they found only air conditioner parts and tools.

The Chronicle is not identifying the repairman.

Court records chronicling Aguirre’s arrest also reveal new details of an extensive investigation of alleged voter fraud funded through an organization run by conservative activist Steven Hotze and former Harris County Republican Party Chairman Jared Woodfill. Affidavits by Aguirre and others were used as evidence in several lawsuits the Republicans filed this fall challenging Texas and Harris County’s election plans.

The charging documents reveal that beyond pushing a conspiracy theory that Democrats had collected hundreds of thousands of fraudulent ballots, the “citizens investigation” by Aguirre and others put at least one resident in danger.

The repairman said as the man later identified as Aguirre held him at gunpoint, additional vehicles arrived at the scene. Aguirre ordered a second person to search the victim’s truck, court documents state. Other people then drove the truck to a different location.

A Houston police officer happened upon the scene, stopped and ordered Aguirre to release the repairman. After police confiscated two handguns Aguirre was carrying, he told Detective John Varela that he and others were part of a group called the Liberty Center, an affidavit by Varela states.

According to the affidavit, Aguirre said his team had been surveilling the repairman for four days, convinced he was involved in a ballot harvesting conspiracy at his mobile home. The repairman, Aguirre alleged, had about 750,000 fraudulent mail ballots which he was “using Hispanic children to sign” because the youths’ fingerprints would not appear in databases.

Varela said the victim let police search his home and truck, where Aguirre said the ballots were stored. Officers found the home was “appropriately furnished” and the truck had air conditioning tools and equipment, but neither contained any evidence of a ballot harvesting operation.

[…]

Affidavits by Aguirre and former FBI employee Charles Marler were part of a lawsuit filed this fall by conservative Houston activist Steven Hotze, who sought to prohibit voters from dropping off mail ballots in person before Election Day.

Aguirre and Marler provided sworn statements included in the lawsuit alleging that powerful Democrats in Harris County had devised a scheme to submit as many as 700,000 fraudulent mail ballots, representing nearly a third of the entire voter roll.

Citing secondhand sources and videotaped interviews, the pair alleged that several African-American businessmen and elected officials were involved, including Harris County Commissioner Rodney Ellis, State Sen. Borris Miles and Biden campaign Texas political director Dallas Jones.

All three denied the claims. Aguirre in October hung up on a reporter seeking evidence of the allegations. Aguirre and Marler did not respond to requests for comment Tuesday.

There’s more, so keep reading. If the name Mark Aguirre is familiar, it’s because he was a captain with HPD who was fired for his role in the infamous bust of dozens of teenagers for alleged street racing – see here for a brief highlight of Aguirre’s role in that debacle. According to the story, Aguirre was paid over a quarter million bucks from the Hotze and Woodfill-run outfit Liberty Center for God and Country, most of which came right after the alleged assault. Hotze is of course out there in front of the media lying his ass off, because that’s who he is and what he does. I can’t help but feel the financial aspect of this, and the “I’m so shocked such a man might be accused of such things” reaction that Woodfill gave in the Chron story, means there will be more to this as the case progresses. We saw all of the lawsuits that Hotze filed against voting this election, there’s no reason to believe he wouldn’t go farther than that in pursuit of his electoral fantasies. You can be sure I’ll be keeping an eye on this. TPM, the Trib, the Texas Signal, Daily Kos, and Juanita have more.

Why can’t we get our jail population down?

I found this story from Thanksgiving weekend frustrating.

Harris County’s efforts to reduce its jail population have flatlined, despite more than $7.5 million aimed at alleviating systemic burdens so that the county could attempt to reduce its inmates by a targeted 21 percent.

Even after creating programs to lessen the population and reduce racial disparities in jail, criminal caseloads mounted and the facility returned nearly to capacity, county officials said. When Harris County in 2016 joined the nationwide Safety and Justice Challenge – meant to help retool the use of lockups – more than 8,789 people were in jail. On Nov. 23, that number was 8,724 — a decrease of less than 1 percent. To meet the program’s goal, the population would need to have fallen under 7,000.

County leaders next week will reapply for a final round of funding from the MacArthur Foundation to sustain progress made in the challenge overseen by the nonprofit Justice Management Institute. It remains to be seen whether how much the county will receive given the struggle to reduce the jail population.

Even if the county receives the full amount, achieving its goal remains distant, said Thomas Eberly, Harris County’s site coordinator for the challenge and program director of the Justice Management Institute, which works with localities to improve justice systems.

“I do think that the odds are not in Harris County’s favor because of past performance,” said Eberly. “We’re five years into this and the change that was expected hasn’t been achieved, and it’s quite honestly not even close.”

Some county leaders remain positive, however, citing implementation of a series of programs as part of the challenge. They include hiring a “fairness administrator” to address racial inequities and a community engagement outreach coordinator, as well as creating a cite-and-release program and a Reintegration Impact Court to divert those who have low-level cases from jail.

The MacArthur Foundation could award up to $660,000 for one year of sustainability and $500,000 for a second year.

The foundation has already provided $4.25 million to the county since 2015, and county commissioners in 2016 allocated more than $3.3 million from general fund reserves to help pay for reforms.

“We remain optimistic that we’re going to have some breakthroughs,” said Jim Bethke, Harris County’s director of justice administration.

It’s a long story that goes in a number of directions, so go read the whole thing. The main explanations cited are the damage to the courts caused by Hurricane Harvey in 2017, as well as the coronavirus pandemic, as both have contributed to long delays in resolving cases. The changeover in the courts due to the 2018 election plus the effort put into the bail reform program was also cited, though it’s not clear to me why that would contribute to the problem – the whole point of bail reform was to have fewer people rotting in jail while they wait for their trials. I needed more information to understand what that had to do with it.

Later in the story, the HPD cite and release program was listed as a potential mitigating factor going forward. It’s only been in effect since September – the Harris County Sheriff’s Office has had a similar policy since February. Diversion programs by the DA’s Office were also cited. I would have liked to know more about how much these could help, or more to the point could have helped if they had been in place longer. Not to put too fine a point on it, but one simple way to have fewer people in jail is to out fewer of them in jail in the first place. It’s very much in our power to arrest fewer people for minor non-violent offenses, with marijuana possession being at the top of that list. Circumstance can explain some of this problem, but our choices are a big part of it as well. There’s plenty we can do to change that.

More on police oversight boards

Ours in Houston isn’t very good. Some other cities do it better. We can learn from them.

Houston’s police oversight board is the weakest among Texas’ five largest cities and suffers from “a complete lack of transparency and public reporting,” a recent study from Rice University’s Kinder Institute for Urban Research concludes.

The report, released last week, analyzed police oversight institutions in Houston, Dallas, San Antonio, Austin and Fort Worth, concluding that the agencies in each city need more resources, and fewer legislative hurdles, while its members need more experience and training.

The Independent Police Oversight Board in Houston “has very limited powers to conduct its own investigations, instead being handed completed internal affairs investigations without the ability to independently collect further evidence on the event,” reads the report, co-authored by Kinder Institute director Bill Fulton, a member of Mayor Sylvester Turner’s recent police reform task force.

The group detailed its recommendations in a 153-page report released in late September, about three months after Turner announced his 45 appointees to the board. The group recommended that city officials bolster the police oversight board with paid staffing and facilities outside the police department and by changing policy to allow the board to report some of its findings to the community, which it is currently barred from doing.

Turner has signaled he intends to adopt at least some of those recommendations, saying in early September he is “99.999 percent certain there will be some adjustments” to the police oversight board. The mayor later said he’s “overwhelmingly supportive of most of the ideas” in the task force’s report, though he said some could be difficult to fund or would require state legislative action.

The task force’s recommendations align with those presented in the Kinder report, which recommends the board be staffed with “people with legal knowledge, police expertise and research skills.” Austin has by far the most paid staff members on its oversight group among Texas’ five largest cities, the report found.

“(M)ost agencies in the state’s big cities have fewer than five employees to oversee forces of thousands of officers,” according to the report. “Houston’s IPOB has no staff or resources.”

See here for more on Mayor Turner and the task force recommendations. For more on the Kinder report, which you can find here, I’ll refer you to this Grits for Breakfast post, which goes into more detail. At this point, we have all the information we need to act. It’s time to act. I’m hopeful we’ll get some at the city level in the upcoming weeks, but as Mayor Turner says, some of this needs to happen at the state level. And there, I fear, we’re more likely to run into obstacles. For instance:

That bill is authored by Rep. Matt Krause, one of the vulnerable Republicans we were unfortunately not able to knock off this election. The problem goes a lot deeper than one State Rep, though. Cities are not going to be able to do what their voters want them to do if the Republican legislature and Greg Abbott have anything to say about it.

A bill to ban no-knock warrants

Probably won’t go anywhere, but well worth the effort.

Rep. Gene Wu

A bill pre-filed this week by state Rep. Gene Wu would ban no-knock warrants across Texas, marking the first major legislative response to last year’s botched drug raid that led to the deaths of two Houston residents and murder charges for a police officer.

Wu’s proposal, which he filed Tuesday, would bar magistrates from issuing warrants that allow police to break into residents’ homes without warning. After the practice came under scrutiny in Houston, Police Chief Art Acevedo began requiring approval from top-ranking police officials and the signature of a district court judge — not municipal court judges or county magistrates — before officers could carry out no-knock warrants.

Acevedo implemented the policy change after narcotics officers in January burst into a home on Harding Street in search of heroin, sparking an eruption of gunfire that killed residents Dennis Tuttle and Rhogena Nicholas and injured five officers. Police discovered only small amounts of cocaine and marijuana during the bust.

Shortly after the raid, Acevedo said no-knock warrants “are going to go away like leaded gasoline in this city,” prompting headlines that claimed the Houston Police Department would end the practice altogether.

Rep. Wu’s bill is HB492. The story references the recent HPD audit of the atrocious Harding Street raid, of which Rep. Wu was a harsh critic. I will note that the Mayor Turner task force report on police reform includes the recommendation of “a blanket ban on no-knock warrants for nonviolent offenses”. This bill would go farther than that, and it’s not clear to me if the Harding Street fiasco would have been covered by the recommended task force policy.

As with marijuana reform bills, there is bipartisan support for banning (or at least restricting) no-knock warrants, but any bill to do that seems doomed to me. As the story notes, a bill from 2019 that simply called for law enforcement agencies to submit reports on their use of no-knock warrants to DPS never got a vote in committee. Things have changed since then, but that’s just not a great sign. I hope I’m wrong about that.

Mayor will support the task force recommendations

Good start, now let’s get it going.

Mayor Sylvester Turner

Mayor Sylvester Turner on Wednesday endorsed “almost all” the 104 recommendations laid out last week by his Task Force on Policing Reform.

Speaking at a virtual city council meeting, Turner said a few recommendations, which he did not identify, raise questions about the need for state legislative action, and a few others prompt “some concern about where we come up with the money to implement some of the proposals.”

“But, by and large, I’ve read through the entire report and I am overwhelmingly supportive of most of the ideas,” Turner said.

[…]

The task force — which laid out an implementation timeline for all of its recommendations — would remain involved in developing the implementation strategy, Turner said.

While the mayor did not specify which items gave him pause, the task force report referred to the need for legislative action on at least one occasion. That involved allowing doctors and health care workers to issue notifications of detention, currently only allowed by law enforcement officers.

Other measures, such as amending disciplinary windows for officers, would require the union to sign off on the changes unless a state law is passed.

That prospect is unlikely. Houston Police Officers’ Union Vice President Douglas Griffith said some of the recommendations, including those regarding discipline, were ill-informed or impractical.

He challenged one proposal to allow supervisors to investigate officers 180 days after learning of alleged misconduct, rather than 180 after it occurred. The so-called “180-day rule” has been a key target for reform advocates.

Officers’ current contract and state law allows supervisors 180 days after discovering misconduct to issue temporary suspensions of up to 15 days. If department leaders want to fire officers, however, the contract requires chiefs to do it within 180 days after the alleged misconduct occurred or if the officer has been indicted.

In its report, the task force said budgetary considerations were beyond its scope, so it did not outline where to find the necessary funds to implement the measures.

“We acknowledge that some of our recommendations will require additional funding and recognize fundraising as a critical step toward implementation. That said, we implore the mayor, city council, and the HPD to explore partnerships, grant applications, and otherwise exhaust other reasonable options before declaring that something cannot be done due to a lack of funding.”

The task force included timelines on how long it believed recommendations should take to be enacted, suggesting HPD and the city implement many within 90 days. Those short-term objectives include creating a way for residents to file complaints online, or for the department to follow up with civilians who had filed complaints. A policy outlining the public release of body camera footage within 30 days of incidents and a new order on long-term patrol assignments were also included in the short-term objectives, among dozens of others.

Proponents of criminal justice reform said they were encouraged by the mayor’s comments but that Turner needed to provide more details on how he would carry out the task force’s recommendations.

“There’s never been a shortage of good ideas about police reform,” ACLU Policy Advocacy Strategist Nicholas Hudson said. “But we need a clear timeline for implementation, and aggressive action from the mayor and council, especially on items in the ‘Justice Can’t Wait’ report.”

See here for the background. My advice is to get the things that can be done quickly as soon as possible, and start building consensus or working with legislators on the rest. If the union is going to object to some things, well, that’s what they’re going to do, but don’t consider that an obstacle. This is a rare chance to make some real progress, and the success of Mayor Turner’s second term will be determined in large part by what he does with this from here.

Here comes the police reform task force report

Now let’s do something with it.

Mayor Sylvester Turner

Mayor Sylvester Turner on Wednesday rolled out his task force’s report on policing reform in Houston, but said he needed more time to digest the 153-page report before taking action on its recommendations.

The task force lists 104 reforms the city could enact to improve policing in Houston, which the Chronicle previously reported.

Among them: a fundamentally revamped oversight board with full-time investigative staff, a blanket ban on no-knock warrants for nonviolent offenses, the public release of body camera footage within 30 days of critical incidents, more stringent rules on police officer misconduct and an online process for complaints about police behavior.

Turner said his initial read indicated the report was comprehensive. He embraced revamping the oversight board — a conclusion he said he reached before the report was released — but declined to say when recommendations would be adopted.

“If you can just give me a few days to really digest it, and then to visit with Chairman (Laurence) Payne and the sub-chairs, and some of the members of city council, I’d be in a much better position,” Turner said when asked about implementation. “Literally, I just got it yesterday.”

The report is here, and I have not yet read it. But I strongly agree with the Chron editorial board that there needs to be real action here. We know the history of task forces, and of police reform more generally. The need for action is clear, and it’s urgent. Let’s not blow it. Grits, who has read the report, and the Press have more.

Turner signs cite-and-release order

Good.

Mayor Sylvester Turner

Mayor Sylvester Turner on Monday signed an executive order authorizing a new cite-and-release program for the Houston Police Department, aiming to let people accused of certain misdemeanors off with a ticket instead of a trip to jail.

Turner and Chief Art Acevedo also promised to release monthly public updates on its implementation, ensuring the public can review how the policy is applied. The order takes effect 6 a.m. Tuesday.

“The program gives them an opportunity to make changes in their lives and face responsibility for their actions without having the stain of an arrest, or serving jail time, on their record,” Turner said of accused offenders.

[…]

The policy has buy-in from HPD executives, the Houston Police Officers’ Union, and some advocates, who have called it an imperfect step in the right direction.

However, the city’s policy allows for exceptions that some argue are too expansive. The exceptions include if an alleged offender cannot provide a government ID, if there is reason to believe they will not appear in court, and if “an officer believes that offering Cite And Release to an otherwise qualified suspect is not the best course of action.”

In those cases, the officer must get supervisor approval and document the name of that supervisor in his or her offense report.

Those exceptions have given pause to criminal justice advocates who have pushed for a cite-and-release policy for years.

The Right2Justice Coalition, a group that includes many prominent local justice organizations and drafted a model cite-and-release ordinance this summer, wrote an open letter to the mayor last week asking him to strengthen the new policy.

It said the policy, as laid out by HPD, leaves officers with too much discretion and carves out too many exceptions. It is not legally binding and does not include all citation-eligible offenses under state law, the letter said.

Houston’s policy has 16 exceptions, whereas San Marcos has six and Austin has seven, according to the letter.

“We project that their program, as presented, will fail to significantly improve community safety, wellbeing and equity in the city,” the letter said.

See here, here, and here for the background. The detailed reporting is good, as that will let everyone know how this is working. Even better would be a commitment to make changes when the data shows there are opportunities for improvement. I can understand why the activists are still critical, but we’ll see how this goes. We are expecting the task force report in the next couple of days, so we will be continuing this discussion further, and maybe make some more progress as well.

HPD adopts cite-and-release

Took them long enough.

The Houston Police Department plans to join Harris County’s cite-and-release program, fulfilling advocates’ long-running request to implement the policy they say keeps low-level offenders out of jail and saves law enforcement resources for more serious threats.

In a presentation to the city council’s Public Safety Committee, two assistant chiefs on Thursday laid out the program they would use for a set of six misdemeanors offenses. The strategy mirrors that already used by the Harris County Sheriff’s Office and other local departments in the county, using a program set up by Harris County court-at-law judges.

In those cases, officers now would be required to give people a citation with the time and date they must appear in court, instead of hauling them to jail, unless they meet certain exceptions. Like the sheriff’s office, HPD officers who use their discretion to disqualify an eligible offender from the program would have to get supervisor approval and list the reason in their report, according to the presentation.

“I believe cite-and-release programs are critical, not just as it relates to police reform, but addressing the prison pipeline and, quite frankly, racism in our criminal justice system,” said City Councilmember Abbie Kamin, who chairs the committee. “I reiterate that this is just one aspect of improving and making sure our city is safe for all Houstonians. We can’t be finished after cite and release.”

Assistant Chief Wendy Baimbridge said the department plans to adopt the program internally, as it is allowed to do under state law. It was not clear when that will be done.

[…]

Darrell Jordan, a Harris County court-at-law judge who helped design the cite-and-release program, which launched in February, said the city should not win plaudits for dragging its feet and finally succumbing to pressure.

He said the roll-out and presentation of the program was “all for show” and wasted time. The city could have opted into the program without an ordinance days, weeks, or months ago, if it wanted. The county’s cite-and-release court has processed 113 cases since the program’s launch in February. About half of those, 60, came from the Harris County Sheriff’s Office, that agency reported.

“I don’t believe in applauding people for waiting six months to fix a problem,” he said. “That’s six months Houstonians had less officers on the streets. How many victims have suffered waiting for police officers to respond? How many alleged criminals have gotten away?”

See here and here for the background. I largely agree with Judge Jordan here, with two caveats. One, late is still better than never, so I do credit the city for eventually coming around. It shouldn’t have taken this long, but at least in the end they did make the right decision. And two, I do want City Council to vote on making this an ordinance, to make it harder for future police chiefs to tinker around the edges of this system if for whatever the reason they don’t like some part of it. It would also ensure that HPD doesn’t take too much time getting around to implementing this. This can, and ideally should, be part of a larger ordinance that includes other reforms. It’s a first step, not the end of the journey.

Cite and release for Houston

Good.

Houston is preparing a cite-and-release policy that could let people accused of certain misdemeanors off with a ticket instead of an arrest, perhaps the city’s most significant bid at criminal justice reform since the killing of George Floyd ignited a renewed national reckoning over policing.

Mayor Sylvester Turner previously has alluded to the effort, and the proposal is scheduled for discussion at the Public Safety Committee on Thursday. City Councilmember Abbie Kamin, who chairs that committee, said she has helped work on the policy.

“I’m thankful to community groups for advocating for this, and to HPD and Mayor Turner for bringing this forward so quickly,” Kamin said.

The details of the measure, which remain in the works, were not immediately available Monday, including which offenses would be included and whether tickets would be required — or merely preferred — instead of arrests. It also is unclear whether the measure would be an ordinance passed by the city council or an administration policy.

Since 2007, state law has allowed citations for all Class C misdemeanors and some others. Among them: possession of up to 4 ounces of marijuana; criminal mischief (damage up to $750); graffiti; theft of up to $750; providing contraband in a correctional facility; and driving with an invalid license. In those cases, officers can give offenders a written citation with a date and time to appear in court, allowing them to await the hearing without going to jail.

Advocates and elected officials in Houston have been calling for a cite-and-release policy for years. The “Justice Can’t Wait” report, released in July by a broad coalition of Houston-area criminal justice advocacy groups, renewed calls for the policy, and five city council members echoed that in a letter released late last month.

The mayor’s own transition team recommended such a policy in a 2016 report after Turner first was elected.

See here for some background. I know some people can’t sleep at night unless everyone who has ever encountered a police officer is in a jail cell, but would you rather have those officers spend their time hauling graffiti artists and people with expired licenses off to jail, or patrolling the streets after writing them a ticket? The Harris County Sheriff’s Office has had a similar policy since February, and as far as I can tell the region has not fallen into anarchy and chaos. Keep people out of jail and keep cops on the streets. And maybe that Task Force report (due by the end of the month) will have more.

UPDATE: Here’s a later version of the story, with some back-and-forth about whether the city should implement this now as a matter of policy, or draft an ordinance to mandate cite-and-release and implement it that way.

Five things we could do now for police reform in Houston

Seems like a good list to me.

Five city council members on Monday sent a letter to Mayor Sylvester Turner outlining police reforms they said Houston can implement immediately, including a “complete overhaul” of the Independent Police Oversight Board, a cite-and-release ordinance and incentive pay for officers who live within city limits.

In the letter, Councilmembers Edward Pollard, Tiffany Thomas, Jerry Davis, Martha Castex-Tatum, and Carolyn Evans-Shabazz say the oversight board, which reviews probes by the Houston Police Department’s Internal Affairs Division, needs a reboot.

“We are convinced there must be a complete overhaul of the Independent Police Oversight Board (IPOB),” the letter says. “We have no confidence in the current format. We must create a structure of guidelines that governs the function of the new board to restore public trust with public input.”

They recommended the board have complete autonomy and investigative authority, with full access to all unclassified information from HPD.

The council members also say the city could implement an online, independently-maintained dashboard showing complaints of police misconduct, HPD policies, guidelines, “and other relevant information.”

“This platform will be an innovative measure to not only hold officers accountable for misconduct, but will increase police community relations by being transparent in a data driven fashion,” the letter said.

The letter outlines 25 items they asked be included in the next contract between the city and the Houston Police Officers’ Union.

See here and here for some background. There’s a copy of the letter embedded in the story, or you can see it here. The letter does not mention any budget items and also does not contain the signature of CM Letitia Plummer, who unsuccessfully introduced an amendment to this fiscal year’s budget to redirect some funding for HPD to other services, as well as other reforms. I honestly don’t know what capacity exists to amend the city’s budget during the fiscal year, so it may be that that’s a moot point. As for who did and didn’t sign this letter, in the absence of any Council members commenting on it all we can do is speculate.

As we know, individual Council members cannot introduce an ordinance for debate on their own, so whether or not anything happens here is up to Mayor Turner. We are due to get the vaunted Task Force recommendations in the next week or two, and I’m guessing Mayor Turner will prefer to use that as a starting point for whatever he wants to achieve. You can always call his office, as well as your district Council member and the five At Larges to let them know what you think.

Where are we again with the IPOB?

Are we moving forward, or are we standing still?

A longtime member of Houston’s Independent Police Oversight Board has resigned, saying the organization’s structure prevents it from providing meaningful oversight of the Houston Police Department and should be disbanded.

In a pointed letter to Mayor Sylvester Turner dated Aug. 13, board member Kristin Anderson wrote that the civilian police watchdog “does not serve its stated purposes and it provides cover by making it appear that independent oversight is taking place.”

“In this time of radical rethinking of the purpose and function of law enforcement, someone with the courage and moral imagination beyond tinkering with the edges of reform should rethink citizen oversight in Houston,” she wrote. “If we do not act now, what a profound opportunity we will have missed.”

The resignation marks the latest criticism of the volunteer board and comes amid widespread scrutiny of law enforcement departments following the death of longtime Houston resident George Floyd at the hands of a Minneapolis police officer in May.

[…]

In an emailed statement, Turner said that when he appointed his policing taskforce earlier this summer, he ordered its members to review potential changes regarding the IPOB.

“Their work is ongoing, and I look forward to receiving the final report,” he wrote. “In fact, I already have sent Kristin Anderson’s letter to the chair. Ms. Anderson has served on the Independent Police Oversight Board since 2011. I appreciate her work and contributions to the City of Houston and wish her well.”

[…]

Anderson called on Turner to include members with a broader range of perspectives on the board.

“Formerly incarcerated citizens and others who have had both positive and negative experiences with law enforcement would represent the Houston community in a way that IPOB does not,” she said.

She also noted that she had never seen the IPOB fulfill one of its other charges: “to review and make recommendations on recruitment, training and evaluation of police officers; and to consider community concerns regarding the department.”

The letter is embedded in the story if you want to read the whole thing. We’ve had this discussion before, and it’s cleat there are many reforms that can be accomplished, some by Congress, some by the Legislature, some by Mayor Turner and City Council, and some by the collective bargaining process, which kicks in again this December. The Houston Justice Coalition has made three simple demands: enforcing body camera usage, more transparency with the IPOB, and giving the IPOB subpoena power. It should be noted that the Austin Police Department’s IPOB has better transparency than Houston’s and can initiate its own investigations, but the APD is kind of a mess, so these things have their limits. But all of them together would represent significant progress. We have to wait on the Lege till January, and Congress isn’t going to be able to do anything without a different Senate and a different President, but the city stuff can get moving any time.

Which reminds me, that Mayoral Task Force was formed in early June, and their report was to be delivered in three months. That means we’re a couple of weeks out from the deadline, at which time there better be a mandate to act. I just wanted to note this so we’re all ready for when it happens.

Enforcing the mask order

Those of you who haven’t been wearing your mask when out in public, shame on you. And also, there may now be consequences for your dumb refusal to do the right thing.

Houston law enforcement officials will begin issuing fines and citations to people who do not comply with the state’s mask order, Mayor Sylvester Turner announced Monday.

The mandate from Gov. Greg Abbott requires nearly all Texans to wear face coverings in most public settings and has been in effect since early July.

Turner’s announcement comes as Houston experiences a slight dip in its COVID-19 hospitalization levels and a decline in the rate of positive tests, despite a sustained number of daily new cases. The mayor said police would continue to issue warnings at first, as Abbott’s order requires, before fining people $250 for a second offense.

“For months, we have been focusing on education and not citations, but now I am instructing the Houston Police Department to issue the necessary warnings and citations to anyone not wearing a mask in public if they do not meet the criteria for an exemption,” Turner said.

Police Chief Art Acevedo, who is appointed by Turner, agreed with the mayor’s order, saying it would help limit the spread of the coronavirus. He said HPD’s tally of infected and quarantined officers has grown “very rapidly,” with 108 testing positive and 64 awaiting test results.

[…]

The mayor in April instructed police not to issue fines or citations for Harris County Judge Lina Hidalgo’s mask order, winning favor among some of Hidalgo’s critics. Before Monday, he had told police to largely issue warnings when enforcing the governor’s order.

On the one hand, it’s a bit puzzling that the order hadn’t had the threat of a fine behind it before now. On the other hand, given the wishy-washy nature of Abbott’s order, it’s easy to understand why the city wouldn’t be all that interested in putting police resources into “enforcement” of that order. Certainly, the police union was not interested in enforcing the mask order (and yes, that was motivated by the HPOU president’s ridiculous animosity towards Judge Hidalgo), to whatever extent you give their preference weight. I honestly don’t know what difference this is going to make, but I welcome the change. We are moving in the right direction, it would be very nice to move a little faster in that direction, and whatever reasonable step we can take to advance we should take. And boy, do I wish we didn’t have to have debates like this. How much better it would be if people just understood what they need to do and did it.

Give reformers a seat at the police collective bargaining table

This is a clear path forward.

Chas Moore watched in shock one night in 2017 as Austin City Council voted on the city’s proposed police contract.

He and other criminal justice reformers had spent months observing contract negotiations and lobbying council members to reject a deal they said was too expensive and lacked crucial accountability measures.

The city’s 10 council members and mayor raised their hands to vote the deal down.

“I don’t think anyone thought that would happen,” said Moore, president of the Austin Justice Coalition. “Historically people fight police unions — and they do not win.”

The vote sent police back to the negotiating table, and the resulting contract included a slew of reforms — at half the cost of the previous version.

In Houston, that negotiating table is behind closed doors.

Activists here want to change that as the city and the police union negotiate a new contract this year. They are again seeking the right to observe deliberations and to try to change provisions they say protect officers accused of wrongdoing. But while other cities with similar bargaining rules allow residents to observe negotiations, Houston does not, aided by what critics say are gaps in the state’s government code that do not clearly require union contract negotiations to be open to the public.

Houston’s police budget in 2020 tallied about $911 million — by far the largest allocation in the city budget’s general fund. While other cities across the U.S. slashed police budgets, Houston’s City Council unanimously in June passed a budget with a $20 million increase for the police department.

The pressure for reform rose around the country in the wake of the killing of former Houston resident George Floyd in police custody, and organizers say it’s overdue here.

Not long after that Austin contract rejection, community organizers in Houston sought to observe police contract deliberations here.

Local criminal justice advocate Tarsha Jackson said she approached City Hall in 2018 to try to share community concerns — but the criminal justice reformer with the Texas Organizing Project said she found an opaque process.

“It was not public. It was like a guessing game,” Jackson said.

The contract was settled behind closed doors without them getting a chance to see it or offer their input.

“As we’re having these conversations around police accountability and reform, how can we have these conversations without the community?” Moore asked regarding the efforts around the country to get a seat at the table during contract negotiations.

We all recognize that a big piece of police reform must be done via the collective bargaining process. Given that, and given the action items that the reformers are seeking, they need a seat at the table or those items will not be addressed. The Lege can and should address some items as well, but they already have a lot on their plate, and it’s never a good idea to depend on a particular bill making it through the Lege, because so many things can happen to knock it off course. This is something we can do now, because the new CBA is coming up soon.

Criticizing the HPD narcotics audit

It’s good that it was finally released, but that doesn’t mean that all questions have been answered by it.

Rep. Gene Wu

Standing outside the small house where Houston police officers conducted a raid that killed two and grievously wounded their department’s reputation, Gene Wu clasped the audit he’d been asking about for months and labeled it a scam.

Wu and other state lawmakers on Thursday criticized the internal audit of the Narcotics Division, calling it a “whitewash” and vowing to propose legislation to prevent government agencies from blocking the release of internal audits or similar documents in the future.

Also at the news conference were lawyers representing relatives of Dennis Tuttle and Rhogena Nicholas, the couple who lived at 7815 Harding St. and were killed in the raid. Gerald Goines, the officer who led the operation, was later accused of lying about the drug buy that led to the operation and is charged with felony murder and other crimes. His former partner, Steven Bryant, faces charges of tampering with a government record.

The raid could have happened only in an environment of “pervasive, longstanding custom and practice of illegal activity that was known and condoned at the highest level,” said Boyd Smith, one of the attorneys. “And this report doesn’t address that critical issue.”

[…]

The auditors — former Assistant Chief Pete Lopez, seven sergeants and one police officer — looked at the Narcotics Division’s street-level drug suppression squads. They found widespread sloppiness and lax supervision: unauthorized informant payments. Missing case review sheets. Incomplete offense reports. Hundreds of other administrative errors by undercover narcotics officers.

Most of the information authorities released previously centered on misconduct by Goines and Bryant, but auditors examined three years of casework of the two former Squad 15 officers, and probed casework of approximately 70 other undercover officers in squads 9, 10, 14 and 15. There are approximately 175 officers in the Narcotics Division.

Though they found policy violations and “numerous errors” related to confidential informant payments, they said they could not make conclusions about illegal activity without the ability to interview confidential informants or witnesses.

[…]

Patrick O’Burke, a former deputy commander at the Texas Department of Public Safety who oversaw drug law enforcement, said the audit is a “significant effort” but fails to identify the reasons for the sloppiness it uncovered.

“This report does not provide key findings that show how such problems will be limited or reduced in the future,” said O’Burke, tasked with overhauling Texas’ drug task forces after a racist drug arrest scandal in the 1990s in Tulia.

See here and here for the background. The point I would make is that the purpose of an audit like this is not just to document what happened, but also to provide a plan of action to remediate what went wrong. Where I work, if your department or project fails to get a sufficient grade on an audit – and we routinely perform audits on pretty much everything, not just on things that went wrong – you can’t go forward until you address the issues that the auditors cited. In this case, not only is the audit incomplete since key participants and stakeholders were not included, there’s no action plan. What is HPD going to do about this? How are they going to fix the problems that were identified, and put in processes and checks and safeguards and whatever else to ensure they never happen again? Note that “completely shutting down all activity related to this” is a viable path forward and should be considered as an option. What is HPD going to do? We need to know.

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.

The lack of testing is becoming a more serious problem

It was already serious. Now it’s extra serious.

As the new coronavirus continues to spread in Texas, leaders of some of the state’s biggest cities said Monday that their testing sites were being strained, forcing them to turn away people in the middle of the day or limit who is eligible to take a test.

In Travis County, interim County Judge Sam Biscoe said the county’s public testing is being rationed to only people with symptoms. Previously, local leaders had encouraged anyone to get tested, including asymptomatic people and people that had come into contact with COVID-19 patients.

“The rapid increase in cases has outstripped our ability to track, measure, and mitigate the spread of the disease,” Biscoe wrote in a letter to Gov. Greg Abbott asking to allow metropolitan areas to issue their own stay-at-home orders.

The largest laboratory analyzing tests is also strained, Biscoe said, to the point that the county has decided to prioritize cases from severely ill patients in hospitals. Residents in Travis County who don’t show symptoms still have other options, like private facilities, to get tested.

In Houston, Mayor Sylvester Turner said his city’s two public testing sites, where testing is still available to people who are symptomatic or asymptomatic, reached their maximum capacities before noon.

“The capacity on those sites will be increased from 500 [daily tests] to 650 each,” Turner said. “It is clear that there is a demand out there, and we need to ramp up as best as we can to meet that demand.”

Meanwhile, the two community-based testing sites in the city of Dallas are reaching their capacity “by noon or early afternoon daily,” according to city spokesperson Roxana Rubio. In these sites, testing is restricted to symptomatic patients, high-risk people, first responders, essential workers and asymptomatic patients who have engaged in large group settings.

The obvious problem here is that if you think you need a test but can’t get one, you have the choice of self-quarantine and hope for the best, or keep on keeping on, and hope you’re not the 2020 equivalent of Typhoid Mary. If everyone could reliably get a test and get their results in a reasonable amount of time, people would be much freer to move around, and maybe even socialize with other people who can confidently state that they are safe. Indeed, if we could do this at scale, we could do much more targeted quarantining, and thus let larger portions of society open up safely. Wouldn’t that have been nice? Other countries have managed to do it. Just not this one. SIt with that for awhile.

Meantime, in Houston, the spread of this disease is having a bad effect on crime.

With more than 10 percent of its workforce out due to COVID-19, the Houston Forensic Science Center is dangerously close to having to limit its responses to crime scenes, the agency’s director said Monday.

Of 200 total staff, 10 have tested positive for the novel coronavirus, said Dr. Peter Stout, CEO and president of the agency, which manages Houston Police Department’s forensic laboratory and crime scene unit. Another 12 are self-quarantining while they await test results. None of the exposures appear to have been transmitted through their work, Stout said.

Stout said he’s “very worried” because about one-fourth of the agency’s team dedicated to crime scene investigation is out of commission due to COVID-19. He’s concerned what that might mean for the center’s ability to collect evidence at murders, police-involved shootings and child deaths.

“We’re precariously close to having to shift around so we can have any capacity to make scenes that come up,” said Stout.

[…]

Delays in collecting evidence could mean further backlogs in criminal cases, prosecutors said.

“The pandemic is stretching the criminal justice system thin, causing backlogs up and down the system,” said Michael Kolenc, a spokesperson for the Harris County District Attorney’s Office. “We will address any impact on a case by case basis.”

The center was already severely understaffed for a city the size of Houston before the pandemic, Stout said. There are usually 27 people working in the CSI unit. In cities like Dallas and Austin, the standard is around 100 crime scene investigators, Stout added.

“It’s not even close to the right magnitude of what we should have,” said Stout. “Especially this year, with the escalation in homicides, we were in a real pinch with the crime scene unit already.”

The unit is now only able to travel to scenes of homicides, officer-involved shootings, deaths of children and around 1 percent of aggravated assaults reported in the city, said Stout.

“It’s a serious issue,” Stout said.

Sure sounds like one. Maybe we’ll do a better job with the next pandemic.

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.

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.

The current status on local police reform efforts

Well, the budget amendment process didn’t do much.

CM Letitia Plummer

City Council on Wednesday unanimously approved Mayor Sylvester Turner’s $5.1 billion budget for the next fiscal year, slightly increasing funds for the Houston Police Department even as some cities are under pressure to cut law enforcement spending amid nationwide protest over police violence and the death of George Floyd.

As the council took up budget, chants of “Black lives matter” and “No justice, no peace” could be heard from protesters outside City Hall. Dozens of police reform advocates had asked city council the day before to divert funding from HPD’s massive budget to other services, such as health care and affordable housing.

Instead, the $965 million approved for HPD represents a 2 percent, or $19 million, increase over the current year. The overall city budget is up 1 percent.

The police department takes up more than a third of the tax- and fee-supported general fund, which pays for most of the city’s day-to-day operations. Much of the HPD increase is due to a 3 percent raise for officers under a 2018 labor contract that expires in December.

Turner, who later Wednesday signed an executive order on police reform, offered a passionate defense of the HPD budget, arguing that Houston has a shortage of police officers compared to other large cities. He often has pointed out that Houston, with a population of 2.3 million people and an area of more than 650 square miles, has 5,300 officers; Chicago, with a population of 2.7 million and 275 square miles, has about 12,000.

[…]

At-Large Council member Letitia Plummer proposed an amendment that would cut 199 vacant positions in the police department and redirect that money toward a slew of reforms, including giving the Independent Police Oversight Board subpoena power and boosting funds for mental health units and re-entry programs. Plummer’s amendments failed without the support of any other council member.

At one point, Plummer held up a heavily redacted HPD use-of-force policy, which she said the department gave her office when it requested a copy.

“We started the conversation on police reform. Not one of my amendments passed but I know that I stand on the right side of history,” said Plummer, who addressed the protesters outside after the vote. “That is the most important takeaway. I answer to the people who elected me. I will be holding the (mayor’s) task force accountable.”

The mayor did support an amendment from Councilmember Ed Pollard that would set up a public website where residents could browse complaints about police misconduct. The mayor said the site could work alongside the executive order he signed later Wednesday, and Pollard’s amendment was referred to the legal department for implementation.

I’ll get to the executive order in a minute. I know folks are upset by the failure of CM Plummer’s amendment. It is disappointing, but it’s not surprising. Stuff just doesn’t happen that fast in Houston. There’s almost always a need to build a broad base of support for significant changes, and that takes time. The good news is that CM Plummer’s proposals, especially redirecting certain kinds of 911 calls away from police and towards social workers, has a lot of merit and should garner a lot of support as more people learn about them. Making this a goal for the next budget is very doable, I think.

Now, as for that executive order:

The executive order embraces some measures laid out in the #8cantwait campaign, including: requiring officers to de-escalate, give a verbal warning and exhaust all other options before using deadly force; mandating that they intercede when they witness misconduct; forbidding choke-holds and firing at moving vehicles; and reporting all use of force to the Independent Police Oversight Board.

It also prohibits serving no-knock warrants unless the chief or his designee approves them in writing. A botched raid on Harding Street last year left two people dead, several officers wounded and two narcotics officers charged with crimes. It also has prompted the Harris County district attorney’s office to review and seek the dismissal of scores of drug cases involving one of the indicted officers, Gerald Goines.

“This is not the end,” Turner said, adding that thousands of residents protesting the May 25 death of Houston native George Floyd while in police custody in Minneapolis made his executive order possible. “In the absence of people that stood up, marched, protested, this would not be happening.”

Several of the requirements — the duty-to-interfere requirement, bans on choke-holds, and prohibiting firing at moving weapons — were already HPD policies, and some experts have cast doubt on whether the #8cantwait reforms have resulted in measurable progress in the cities that have adopted them.

Houston Police Chief Art Acevedo said the reforms were meaningful in that they now are codified at City Hall. A new chief cannot come in later and undo the policies without going through the mayor’s office, he said.

“I think it is a huge, watershed moment,” he said.

See here for the background. A group called the #Right2Justice coalition put out this statement afterward:

“Mayor Turner promised bold reform on policing in Houston. Instead, his executive order on use of force is largely a restatement of existing policy. It makes little meaningful progress at a moment when tens of thousands of people have taken to the streets demanding change. Several of the requirements — the duty-to-interfere requirement, a partial ban on choke-holds, and prohibiting firing at moving vehicles — were either restatements of police best practices or already Houston Police Department policy or practice. Last year, the Houston Police Department forcibly entered a home to search it without warning. Two residents were killed, and four officers were shot. The executive order does nothing to prevent this kind of no-knock raid from happening again.

“The Houston Police Department has killed six people in the last two months. This moment demands meaningful change: new policies to require automatic release of body cam footage of police misconduct and eliminate no-knock warrants, and significant investments in diversion like those Harris County made yesterday. This executive order is not the meaningful reform we need.”

This coalition includes ACLU of Texas, Anti-Defamation League, Houston Immigration Legal Services Collaborative, Immigrant Resource Legal Center (IRLC), Texas Appleseed, Texas Civil Rights Project, Texas Organizing Project, and United We Dream. I checked several websites and Twitter feeds and could not find this statement on any of them. The ACLU of Texas Twitter did retweet Chron reporter Jasper Scherer, who tweeted an image of the statement. I feel like there is room for improvement here.

Anyway. I agree with Chief Acevedo that this means the next HPD Chief can’t just come in and throw this stuff out, and that’s good. But the next Mayor could throw it out, so we need to keep that in mind. A big question here is what happens when someone violates this order in some fashion. What are the consequences, and how will they be enforced? That needs to be addressed.

Also, too, that task force. I saw somewhere, but now can’t remember where, that Mayor Turner expects them to give a report in three months. That’s good, we need to have a deadline and a promise of a report, but that’s still just a starting point. There needs to be a plan to enact whatever this task force recommends as well.

Did you notice that bit in the budget story about the police union contract, which expires in December? That’s another opportunity to make positive changes, as Ashton Woods opines:

Under Article 30 of the contract, when a complaint is filed against an officer, the accused officer receives all copies and files associated with the complaint against them. They then have 48 hours to review the complaint against them, talk to a lawyer, and get their story together. All of this happens before they are required to give a statement to their supervisor. This “48-hour rule” insulates them from questioning and gives cops a privilege that no civilian gets.

Article 26 grants a committee of officers the power to appoint the 12 “independent hearing examiners” who get the final say in officer discipline for misconduct. But these examiners are not actually independent, as half of them are appointed by the police chief and the other half by the union. In other words, when an officer has been disciplined for misconduct and appeals that discipline, these cop-appointed examiners get to make the final call. Because the union gets to pick 50 percent of the examiners, they effectively have veto power. This gives the police union, the most outspoken opponent of police reform, a startling amount of control over officer discipline.

You may have noticed that there’s a huge piece of the puzzle missing: community oversight. While Houston technically has an Independent Police Oversight Board, this board has no subpoena power and no direct discipline authority, making it one of the weakest and least effective community oversight boards in the nation. According to the City of Houston website, the board can’t even take complaints directly from civilians. All complaints are reviewed by HPD.

As noted before, District B candidate Tarsha Jackson has recommended these and other changes as well. As much as anything, the key here is paying attention and making clear what we want to happen.

Finally, there was action taken by Commissioners Court.

Harris County’s sheriff and eight constables voiced support Wednesday for some of the policing and criminal justice reform measures approved by Commissioners Court hours after George Floyd, a longtime Houstonian killed by Minneapolis police was laid to rest.

In a session that stretched past midnight, Commissioners Court on Tuesday approved 10 reform-minded items inspired by the nationwide protests following Floyd’s May 25 video-recorded death, including a pledge to examine how to create a civilian oversight board with subpoena power, adopt a countywide use-of-force policy for officers and establish a database of use-of-force incidents.

Precinct 4 Constable Mark Herman said all eight constables met for several hours Wednesday morning to discuss the proposals. The group was unanimous in favor of adopting a universal use-of-force policy and sharing documents, including video, to help the county create a public log of violent police encounters.

“We’re in agreement to work with Judge Hidalgo’s group and be transparent and show any use of force we have,” Herman said.

Precinct 3’s Sherman Eagleton, one of two African-American constables, said the group did not come to a conclusion about welcoming more civilian oversight. He said Floyd’s killing had already spurred the constables to review their policies, though the group needs more time to evaluate the Commissioners Court proposals.

“That civilian review board might be a good thing once we find out more about it,” he said.

[…]

During the discussion Tuesday evening on creating a database of use-of-force incidents, First Assistant County Attorney Robert Soard warned court members they were perilously close to exceeding their authority by setting policy for other elected officials.

County Judge Lina Hidalgo agreed to amend the item to make clear that participation by agencies would be voluntary. She said video footage, however, often is crucial in exposing misconduct by police, as was the case in Floyd’s killing.

“How many times has this kind of thing happened and it just so happens that no one was taking a video, and so we didn’t know?” she said.

Precinct 1 Commissioner Rodney Ellis said he was open to testing the limits of the court’s power even if that meant an issue needed to be resolved in state court. He said Commissioners Court’s passage of the items also could force the elected law enforcement officials to confront those issues.

“We do have the right to put the public pressure on, you got me?” Ellis said.

See here for the background. This is a good step forward, and it clearly does require the cooperation of the constables. As with the Houston items, we need to keep track of the progress made, and revisit these items in a year or so to ensure they have had the desired effect, with an eye towards doing more as needed.

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.

Budget amendments and a fight over police reform

That’s your City Council agenda for today.

City council members have authored more than four dozen amendments to Mayor Sylvester Turner’s proposed budget to trim spending, create new sources of revenue and expand police accountability measures.

Council members will take up the proposals Wednesday when they consider the mayor’s $5.1 billion budget plan, which is coming forward at an especially fraught moment. The city’s usual budget challenges have been aggravated by the economic crisis tied to COVID-19, while activists are gaining traction around the country in their calls to defund or scale back police departments after the death of Houston native George Floyd.

Many of the 50 budget amendments are a direct response to those topics, including one from Councilwoman Amy Peck that would establish a group to audit all city departments and programs, then recommend whether they should be continued with certain changes, folded into another program or dissolved altogether.

The process would in some ways parallel the zero-based budgeting process used for Turner’s spending plan, which required department heads to analyze every function and justify each dollar spent rather than adding to existing budgets. Peck said Turner’s administration never showed council members the detailed results of zero-based budgeting — and her so-called sunset review commission has a broader scope.

“With the sunset review, it’s looking at every line item, but it goes past that,” she said. “It involves citizens and stakeholders and really gets into whether (the program is) serving the constituents, whether there are ways to consolidate, if there are technology advances to make. There could be some program within a department that’s just not needed anymore.”

Other cost-cutting amendments include Councilwoman Sallie Alcorn’s proposal to study where Houston and Harris County can join forces instead of providing duplicate services, and a program suggested by Peck and Councilman Robert Gallegos that would allow city workers to voluntarily take unpaid time off. Councilman Greg Travis also proposed letting private firms compete with city departments for certain contracts, or studying whether it would save money to do so.

[…]

The mayor has expressed opposition, meanwhile, to a sweeping police reform amendment introduced by Councilwoman Letitia Plummer that would eliminate nearly 200 vacant positions in the Houston Police Department. The funds saved by getting rid of the positions and a cadet class would go toward beefing up de-escalation training and the police oversight board, among other proposals sought by those pushing for police department reform around the country.

Turner repeatedly said during last year’s mayoral campaign that he wants to grow the police department by several hundred officers, and he rejected the idea of reducing the police department’s budget during an appearance on CNN last week.

With a budget of over $900 million that is devoted almost entirely to personnel, HPD is by far the city’s largest department and would have little room to cut spending without diminishing the police force. The police union previously negotiated a 3 percent pay bump from July 1 through the end of the year, accounting for much of the department’s proposed budget increase.

On Monday, five black Houston council members released a series of proposed HPD reforms that include many of the measures contained in Plummer’s plan, but without the spending cuts. The letter included every black member of council — Martha Castex-Tatum, Jerry Davis, Carolyn Evans-Shabazz, Edward Pollard and Tiffany Thomas — except Plummer.

In a statement, Plummer said, “After reading my colleagues’ open letter, it appears we all want the same things. I look forward to having their support for my amendments on Wednesday.”

See here for some background, and here for the five Council members’ proposals. Here it must be noted that the police union was a big supporter of Mayor Turner, and they were the instigators of the lawsuit that killed the firefighter pay parity referendum. He campaigned on hiring more police, and that’s where he is. That said, nine votes on Council can pass a budget amendment, and in addition to those six black Council members there are five other Democrats – Abbie Kamin, Robert Gallegos, Karla Cisneros, David Robinson, and Sallie Alcorn – who should be open to persuasion on this matter. Maybe some of the Republican Council members might be willing to trim some budget as well – CM Dave Martin received no money from the HPOU PAC in 2019, for instance. Point being, there’s plenty of room to get at least the group of five amendments passed, if not the Plummer amendment. There’s a rally this morning at City Hall to build support for that. There won’t be any better opportunities anytime soon.

Executive action on police reform

It’s a start.

Mayor Sylvester Turner

Mayor Sylvester Turner on Tuesday announced he would sign an executive order to enact some immediate reforms aimed at curtailing police violence, including requiring Houston officers to give verbal warning and exhaust all other options before firing their weapons.

Turner outlined his order, which embraces proposals from the #8cantwait campaign, at the funeral for George Floyd, the former Houston resident whose May 25 death at the hands of Minneapolis police sparked international protests and widespread calls for reform. Turner said he would sign the order Tuesday evening, but that was canceled at the last moment; a spokeswoman said the mayor planned to sign the order Wednesday, but did not explain the delay.

The mayor’s announcement came shortly before dozens of Houstonians urged City Council to reject Turner’s proposed budget for the fiscal year that begins July 1, unless millions of dollars are diverted from the police department to other areas.

[…]

Though the actual text of Turner’s executive order was not available Tuesday, it will include a ban on chokeholds, require de-escalation, comprehensive use-of-force reporting, mandate that officers intervene when they witness misconduct, “and more,” Turner said on Twitter.

It was not clear whether the order would embrace the remaining recommendations from the #8cantwait project, which claims that departments who adopt the eight measures have fewer uses of force.

HPD already enforces some of those measures. The department’s use-of-force policy from 2015 includes a duty-to-intervene clause and a ban on shooting at moving vehicles, unless the driver is immediately threatening someone’s safety.

The Houston Police Officers’ Union said the department has had a ban on chokeholds for four decades and possibly never used them. It was not immediately clear, however, whether that prohibition is codified in writing.

Joe Gamaldi, president of the union, said he was waiting to comment on Turner’s executive order until the text is released.

Many other police departments already have adopted the #8cantwait measures with little impact to show for it, said Kevin Buckler, a criminal justice professor at the University of Houston-Downtown.

“They’re already used across the country. Perhaps not by every department, but they’re already utilized, and we still arrived at the current state of affairs that we’re at right now,” Buckler said, adding that the campaign “is a very good marketing strategy, but it’s not evidenced-based at all.”

You can see the tweet here. Much of the rest of the story is a later version of the one I blogged about here. In addition to the proposals from various Council members, we also have that forthcoming task force. Based on Professor Buckler’s comments, I’d say that task force needs to recommend that everything we do is quantifiable and aimed at a specific goal – some number of reductions or increases or changes or what have you, which we track with the idea of adjusting the new guidelines or ordinances as needed to achieve those goals. We want change that actually makes a difference, after all.

Time for a task force

A good step, but it needs to be followed by real action.

Mayor Sylvester Turner

Mayor Sylvester Turner plans to appoint a task force to review Houston Police Department policies amid growing calls for reform following local and nationwide protests over the death of former Houston resident George Floyd in Minneapolis police custody.

Turner’s office said the task force would focus on ensuring accountability and transparency within the department. He announced the task force Thursday night during an hourlong ABC13 town hall on police and community relations.

“It’s so important to hold onto the trust between the community and police because the two have to work together, not be against one another,” Turner said. “Establishing that confidence and that trust is a critical component. That’s why it’s important for all of us to listen, to listen to what people are saying, to listen to the reforms that people want to see put in place, and then to act on those reforms. And we’re going to seek to do that.”

It was not clear Friday when the mayor would appoint people to the task force or when it would begin meeting.

Turner publicly has not endorsed any specific reform, though he consistently has emphasized the importance of police training in television appearances this week.

[…]

Conversations about potential reforms began before Floyd’s death, Councilwoman Tiffany Thomas said. After a string of six fatal police shootings here in Houston, several council members met privately with Police Chief Art Acevedo to address the deaths.

Thomas said she would favor strengthening the oversight board; ensuring there are public and readily available records of complaints made by both citizens and officers against their colleagues; and having some sort of research arm — either within the city or with an external partner, such as Texas Southern University — that could parse through data to illuminate other options.

Councilman Ed Pollard has offered a budget amendment to create an online database where residents can view complaints made to the police department. Pollard said the information would boost transparency and give the public and policymakers data to inform future reforms. His amendment calls for building off an existing platform, called Project Comport, that is free and already used in other cities, though Pollard said it would carry some costs to set up.

“We (would) have a public, online platform that is able to compile the data and put it out in real time on different complaints,” Pollard said.

Councilwoman Letitia Plummer has proposed the furthest-reaching budget amendment. It would eliminate 199 vacant HPD positions in the budget and one of five planned police cadet classes. Plummer seeks to redirect about $11.8 million of the proposed police funding toward a package of reforms, including subpoena-empowered oversight board probes; increased spending on re-entry and My Brother’s Keeper programs; and creation of a mental health unit to respond to some low-risk calls instead of regular patrol officers.

See here for more about CM Plummer’s budget amendment and plenty of other reform ideas, some of which are within Councils’ power and others of which are not. The formation of a task force or blue ribbon committee is always the first thing done when there’s a serious problem that demands actions that some people are very much going to not like. It buys time, it diverts energy, and if you’re not careful the formation of the task force can end up being the sum total of action taken. Look to see who’s on the task force (and how long it takes for it to be named), what their timeline and mandate are, and who does or does not commit to take specific actions based on their recommendations. Then remember that it exists, and that we’re waiting for it to do its job, and that the longer it takes the less momentum there is.

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.

The George Floyd March

Impressive.

Sixty thousand people joined the family of George Floyd as well as elected officials and religious leaders today in a peaceful Houston march from Discovery Green to City Hall organized by rappers and civic activists Trae tha Truth, Bun B, and Floyd’s nephew Brandon Williams.

Floyd, 46, a native Houstonian from the Third Ward, died in handcuffs last week after then-Minneapolis police officer Derek Chauvin knelt on his neck for nearly nine minutes. Chauvin, who was fired immediately after the incident was charged with third-degree murder and second-degree manslaughter four days later.

It was released Monday that both a private autopsy done by Dr. Michael Boden and Dr. Allecia Wilson hired by Floyd’s family as well as the Hennepin County Medical Examiner ruled Floyd’s death a homicide though both reports differed on cause of death. The medical examiner ruled it was heart failure, while the private autopsy ruled asphyxiation. Both reports agreed Floyd died on site, and not later in an ambulance.

The march began and ended with a prayer as well as Floyd’s family’s wishes that the day remain peaceful—and it did. It is reported that prior to the march the Houston Police Department removed bricks and artillery that had been stashed around downtown and a Houston Alert asked everyone to be on the lookout for suspicious activity.

A family member of Floyd spoke deliberately stating, “This is our home, we will find justice on the streets of Houston, we are going to march in peace and show the nation, show the world what George Floyd is all about.” She thanked Bun B and Trae tha Truth for helping to organize the event.

Although this was not a city-sponsored march, Houston Mayor Sylvester Turner turned out and addressed the crowd, once again applauding them for standing up for George Floyd and the need for change, but again warning that violent actions undermined their cause.

I assume the Chronicle will have a full story on this, but as of when I wrote this post, what they had was a liveblog of the event, which you have to read from the bottom up. The question that always accompanies mass protests is what actions should come of it? Tarsha Jackson, who is still awaiting a court ruling to allow the runoff in City Council District B to proceed, posted on Facebook nine specific items to address in the city’s collective bargaining agreement with the police union. Seems to me that if you believe the problem is mostly “a few bad apples”, then you should want to make it easier to pluck those apples out of the barrel, or at least make it so they have a harder time advancing in their career. These ideas have been out there since 2018. Do we have the will to fight for them?

Three other things. One, you can make a contribution to support bail funds around the country here. Two, William Barr needs to be arrested at the first opportunity. And three, our two US Senators really suck. You can do something about one of them this November.

Here come the furloughs

We said this was gonna be bad, right?

Mayor Sylvester Turner

Houston Mayor Sylvester Turner, facing an economy hammered by the coronavirus pandemic and collapsing oil prices, on Tuesday proposed to close an upcoming budget gap by furloughing about 3,000 municipal workers, deferring all police cadet classes and exhausting the city’s entire $20 million “rainy day” fund.

The proposals are in response to an estimated $169 million revenue shortfall for the fiscal year that begins July 1.

Emptying the rainy day fund “leaves the city in a precarious state for the upcoming hurricane season,” the mayor acknowledged in a message to city council members that accompanied his budget plan. The account holds money in reserve for emergency situations, such as cash flow shortages and major disasters.

The city had just recently replenished the fund after using all $20 million in the wake of Hurricane Harvey. It will not have that option if a storm hits Houston this year.

“The dollars from the economic stabilization fund are gone,” Turner said. “There is no rainy day fund.”

Under Turner’s plan, the city also would draw $83 million from its cash reserves to balance the budget.

The city’s tax- and fee-supported general fund, which covers most basic city operations, would spend $2.53 billion under Turner’s plan, a decrease of about 1 percent from the current budget. Despite the narrow spending cut, the city would be left with a general fund balance that dips below the amount required by city ordinance.

[…]

The proposed spending plan, which is subject to approval by city council, only says that the city would furlough “thousands of municipal employees.” At a news conference Tuesday, Turner said the number would be around 3,000 of the city’s nearly 21,000 employees. The workers would forego 10 days of pay, saving the city roughly $7 million.

Turner did not specify which departments would be required to send workers home without pay, though he said the city would not place anyone on furlough from the police, fire and solid waste management departments.

The city will not implement any cuts until the new fiscal year begins July 1, Turner said.

See here and here for some background. The story mentions the $404 million Houston received in the first cornavirus stimulus package, which it can’t spend on previously budgeted expenses. Maybe the city will be allowed some leeway in that, and maybe the next relief package, which in its current form includes money for cities and states, will arrive in a timely fashion. Mayor Turner says he’d reinstate the police cadet class and un-furlough the other employees as his first priorities if the funding becomes available. In the meantime, this is our reality. All we can do is hang on and hope for the best.

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.

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.

Last bail lawsuit hearing

At least I assume it’s the last one. I’ve been thinking this was all over but for the formality for months now, so what do I know?

Dianna Williams has witnessed the “collateral damage” of jailing on the fabric of a family. The 61-year-old criminal justice advocate told a federal judge Monday that for generations, her relatives lived paycheck to paycheck and could not afford cash bail when her father and then her brother and her son were held pretrial on low level drug charges.

Mary Nan Huffman offered an opposing take to the judge presiding over a deal upending Harris County money bail for low level offenses. She recounted how her friend was walking with her 3-month-old when a man in a red truck trailed her and later showed up in her yard, masturbating with a knife in his hand. Under the new bail deal, the man would never see a judge and no one would hear that he was a three-time felon who’d been to prison for rape, indecent exposure or kidnapping, said Huffman, a spokesperson for Houston Police Officers’ Union.

Ultimately, the sheriff who oversees the third largest jail in the country sought to assuage fears of constituents on both sides of this contentious issue, telling Chief U.S. District Judge Lee H. Rosenthal the consent decree approved last summer provides fundamental guarantees of justice enshrined in American law and warning against the inclination to let scary scenarios involving particular cases be the foundation of a bail system.

“I don’t think it’s effective for us to develop public policy on outliers,” Sheriff Ed Gonzalez said during the court gathering known as a fairness hearing. “We have to rely on research and facts.”

The hearing attended by six misdemeanor judges who support the historic settlement and three commissioners court members, two of whom oppose it, and about 100 stakeholders lasted three hours, with the judge saying she would consider the input and issue an order soon.

[…]

In a typical class action, a fairness hearing offers class members a chance to express concerns with a settlement. The hearing Monday was unique in that nearly all the speakers were not parties in the lawsuit.

Here’s a preview story of the hearing. I think we all know the basic outline at this point, so all I really care about is when we’ll get the final order from Judge Rosenthal. And then we can relitigate everything in the 2020 elections.

The Chron on Boykins and Lovell

Time for more profiles of Mayoral candidates. Here’s the Chron piece on Dwight Boykins.

Dwight Boykins

“My goal is to use this position as mayor to let people know that there is hope,” [CM Dwight Boykins] said. “I’m trying to help the least and the last.”

His run was rumored long before he announced it in June after he had broken with Mayor Sylvester Turner, repeatedly criticizing and questioning his one-time ally’s ongoing feud with firefighters over pay parity issues. That outspokenness has won Boykins the union’s backing, and thousands of dollars in donations.

With Election Day less than a month away, Boykins does not pose a serious threat to Turner, who according to a recent poll leads his closest challenger, Houston lawyer Tony Buzbee, by 17 points. Boykins came in at fourth in the 12-person field, with 3.5 percent of the share of likely voters.

His “speak my mind” personality also has brought backlash: In July, he was criticized for telling teenage girls in a group of students at a youth advocacy summit to “keep their legs closed.” Boykins said he had been asked to “speak frankly” about the pitfalls for youth, including teen pregnancy.

In recent debates, though, Boykins’ voice largely has been drowned out as Buzbee, businessman Bill King and Turner increasingly trade barbs.

[…]

As mayor, Boykins wants to divert more money to parks and neighborhood programs, partner with outside groups for after-school tutoring programs, and increase police presence in the neighborhoods.

He also has promised to negotiate a contract between the city and its fire union within the first 60 days of his election, which he said would be financed in part by scrutinizing spending in other departments.

Yeah, I’m sure he’d like to do those things. Good luck figuring out how to pay for them, and as someone who’s been a part of multiple budget votes, I’m sure he knows that one can “scrutinize spending” all one wants, there won’t be any easy or significant savings to be found. Budget math aside, I said a long time ago that I would never support a candidate who opposed HERO, and Dwight Boykins voted against HERO on City Council. There’s not much else for me to say.

Next up is Sue Lovell.

Sue Lovell

Sue Lovell says Mayor Sylvester Turner got her fired by her largest consulting client, but that is not why she is running against him.

“I always wanted to run for mayor,” the former three-term at-large councilwoman said.

Lovell said she nearly ran in 2015, after then-mayor Annise Parker left office, but ultimately decided to pass.

This time around, she made the jump, saying she brings more credible experience at City Hall than any other candidate in the race.

During her six years on council, Lovell, 69, burnished a reputation as a candid and well-versed presence at City Hall, with a knack for gritty details and the bare knuckles to hold her own in a political fight. She forged those skills as an early and formative organizer with the Houston GLBT Political Caucus.

Those City Hall and progressive bona fides, perhaps, could have made Lovell a formidable challenge to Turner’s reelection chances. After a late entry into the race, however, Lovell is fighting for relevance in a contest that also features the 2015 runner-up, a self-funded lawyer spending millions on the campaign and an incumbent council member.

The only independent poll of likely voters last month found Lovell languishing with less than 1 percent of the vote. Her fundraising numbers similarly were dwarfed by the top four hopefuls, which has convinced debate hosts recently to leave her off the stage. She also has failed to garner the support of influential organizations with whom she has ties, including the Houston GLBT Political Caucus she once headed.

I have nothing but respect for Sue Lovell as a Council member, and unlike Boykins she’s on the right side of HERO. I can’t help but feel – and this is true of Boykins as well – that if it weren’t for the ridiculous firefighter pay parity fight, neither of them would be running for Mayor now. I can understand supporting Prop B, even if someone has carefully explained to you that there was no mechanism to pay for it, but that doesn’t mean I want such a person to be Mayor. Again, I’m not sure what else there is to say.