This ought to be interesting.
Harris County Judge Ed Emmett and all four county commissioners are scheduled to be deposed Monday in a federal lawsuit filed by former Houston Police Department crime lab supervisors who said they experienced retaliation after exposing problems with a mobile DUI testing program.
Amanda Culbertson and Jorge Wong say the Harris County District Attorney’s Office and county commissioners colluded in having them fired after they revealed problems in HPD’s breath-alcohol testing vehicles, known as “BAT vans.”
At the time of the terminations, Culbertson and Wong were working at a Lone Star College laboratory that supervised under-the-influence testing for the Harris County Sheriff’s Office. They say they lost their jobs when commissioners voted to cancel the Lone Star contract.
While working as analysts for HPD, Culbertson and Wong exposed problems with the BAT vans that complicated DUI prosecutions.
In retaliation, their 2012 lawsuit says, former Harris County District Attorney Pat Lykos and Assistant District Attorney Rachel Palmer lobbied commissioners to cancel the county’s long-standing contract with their employer, Lone Star. The county subsequently signed a more costly deal for lab work with the Texas Department of Public Safety.
In September, U.S. District Judge Lynn Hughes authorized the depositions of commissioners El Franco Lee, Jack Morman, Steve Radack and Jack Cagle as well as Emmett and his criminal justice adviser Doug Adkinson. The judge also limited each inquiry to one hour.
HPD began using the BAT vans in 2008. Into early 2011, Culbertson reported temperature and electrical irregularities with instruments that could influence the integrity of tests, the lawsuit said.
In May 2011, Culbertson testified in a DUI trial that she could not verify a device had been working properly during a test. In July 2011 testimony, she said she could not trust the accuracy of a van analysis. That same month, Palmer, the assistant district attorney, wrote a memo to a supervisor in which she concluded that Culbertson “could not be trusted to testify in a breath test” and that she was “gravely concerned” about Culbertson’s ability to “testify fairly” in the future.
Culbertson and Wong resigned from HPD in 2011 to become technical supervisors at Lone Star.
In the fall of 2011, the college’s contract of nearly three decades with the county – which had been renewed annually – was terminated in favor of a more expensive DPS deal. Culbertson and Wong were fired by Lone Star in October 2011, shortly after the commissioners transferred the testing business.
Hughes dismissed the lawsuit in August 2013, but that decision was reversed by the 5th U.S. Circuit Court of Appeals in June. All claims against Lykos have been dismissed or settled, and all claims against Palmer have been tossed.
See here and here for some background. As I’ve said before, I haven’t followed this story closely enough to have a firm about about it, but as having all five members of the Court deposed in a lawsuit is an unprecedented situation, I figured it was worth noting. The Press has more.