All across Texas, prosecutors rely on the Medical Examiner to determine whether a person died as the result of a crime or not. But what happens when the Medical Examiner's Office is doing more than twice the maximum number of examinations recommended, is inadequately staffed with people that are improperly trained and does not maintain an arm's length relationship with law enforcement.

The Fort Worth Star Telegram has begun exposing some of the fraud that those of us in the criminal defense practice have long known about. When the Medical Examiner's Office is no longer neutral, but a pawn of law enforcement, how can we be sure that the results are truly based in science and not at the suggestion of the police?

Read about the interesting story here.

What's wrong with a Judge and Prosecutor getting a little friendly? Should that sort of relationship be disclosed when the prosecutor works in that court prosecuting cases? Is the fact that a secret relationship exists make a difference as to the outcome of the cases that are tried in that court? Should the public know about this if the case is a misdemeanor? Does a more serious case have more serious consequences?

How would you feel if you were convicted of crime and later found out that the judge and prosecutor were involved in a sexual relationship?

Well, apparently in Texas, these issues make no difference as to whether or a person convicted of Capital Murder will get a fair trial. Hey, as long as he was convicted what difference does it make that the judge and prosecutor were sleeping together, talking about the case during intimate moments or planning their strategy about how rulings at trial would occur.

It's called a conflict of interest, ex parte conversations, collusion and conspiracy and it should be morally wrong if not outright illegal . . . but not in Texas.

The Court of Criminal Appeals has said that all of this is OK and it's the defendant's fault for not bringing this to light sooner. Even though the judge and prosecutor lied about their relationship for several years, until their depositions were ordered and they decided they better fess up. Still, the CCA said that too much time had gone by for the defendant to get a new, fair trial because he should have brought this to light sooner.

HOW?

A sad commentary on the state of our judiciary can be found by clicking here.

Once the cone of silence breaks on this type of illicit conduct, then numerous cases are subject to review. It only takes time for that one person to come forward and tell what they have seen or known was going on for a long time. It only takes one disgruntled former ADA or person on the Judge's staff to complete that affidavit and then all sorts of cases will come under review for this type of sordid behavior to come out. Maybe someone has a photograph or video that sheds light on the affair or personal knowledge that it was going on.

In whatever manner it is finally disclosed, eventually it will be disclosed and then the entire criminal justice system is sullied for the sake of the egos of two very small people.

I bet this sort of thing happens more often than the public could imagine. It will be interesting to see whether or not this will be condoned at the federal level after the case is appealed. I can't imagine that a federal court would turn a blind eye and sanction this activity.

Mr. Brett Ligon, the District Attorney for Montgomery County, Texas has announced the formation of a Vehicular Crimes Division. Heading this new division will be Warren Diepraam and the investigator assigned to the division is Bill Lyons. Last week, all of the Assistant District Attorneys were in mandatory training for the coordination exercises used by police which are also known as the "Standardized Field Sobriety Tests." One can only guess that this is supposed to assist them in improving their ability to discern whether an officer is instructing a subject properly or not.

Additionally, Mr. Ligon has purchased equipment to assist in the detection of Horizontal Gaze Nystagmus, one of the indicators allegedly observed by police in an intoxicated driver.

Mr. Ligon has made no secrets about his intent to prosecute intoxicated drivers in Montgomery County, Texas. Personally, I have seen the plea bargain offers go up drastically over the past six weeks. This makes it very tough on plea lawyers or "dump trucks" as I call them.

What does all of this mean?

It means that it is more important than ever to hire the best lawyer that is a trial lawyer. Unless your lawyer is willing and able to stand up to the power and might of the State, you will not have a fair chance at trial. Unless you hire a top notch lawyer, you will be convicted and you will be penalized for your poor selection for a long time.

Call us, because a plea should be your last option . . . not your first.

In Montgomery, Harris and Galveston Counties, this weekend has been declared a "No Refusal" weekend by law enforcement authorities.

Refusing to provide a breath sample will subject you to having your blood taken under a warrant, no matter if you consent, or not.

To most people, this is terrifying. Add in the fact that in every blood case where I have been hired, I have yet to see a blood draw performed according to accepted medical practice. Blood is being drawn in unsanitary conditions (the jail), by someone that is not wearing gloves, does not clean the site of the stick properly and has used a hand sanitizer containing 62 - 84% alcohol!

At Case Law, P.L.L.C., we prefer to work on these complex cases. Most people don't understand that being arrested and charged with a DWI when blood is drawn will produce as much evidence as the most complex murder case. The amount of evidence from the lab alone is anywhere from 1500 - 2000 pages of information.

An arresting officer does not care if you only had one glass of wine. They do not care if you are not intoxicated. Police will arrest you and then let a jury decide if you had too much too drink. As soon as you tell an officer that you have had anything to drink, you can assume you will be arrested.

DO NOT give evidence against yourself. DO NOT take any coordination tests. DO NOT talk to law enforcement.

If you are stopped, you will very likely be arrested on these no refusal weekends. So protect your rights and hire the best lawyer you can afford so that you will have a chance to prevail if falsely accused.

You will only get one chance to win a criminal charge. Make sure that you protect your rights on the scene and when you have to go to Court. Only top notch DWI lawyers have experience in blood cases and if your blood is drawn, you should be requesting your attorney immediately.

Be safe and have an enjoyable weekend!

The United States Attorney General's Office just concluded a year long investigation into allegation that the Harris County Jail withheld medication from inmates. In its scathing report the Attorney General's Office found over 135 verified complaints of medications being wrongfully withheld, incorrect medications given or incorrect dosage given. And what is the response? A four hundred page denial submitted by the Commissioner's Court. Will things change for the better? Read the report and make your own decisions. One thing is certain - unless change occurs it appears that the Harris County Jail may be under federal court review in the near future. You can read the Harris County Jail Report.pdf