taken aback by the blatant lying that I encountered last week.I wonder if Officer Cantu has signed up for misconduct insurance yet?
The case involved a rarely used arm of the criminal trespass statute that I was familiar with only because of the time that I spent as a prosecutor in the piney woods of East Texas. Lumber companies typically use purple paint markings on trees in a way that's described by that statute to mark their territory and let other players in the lumber industry know that a piece of land (and especially the valuable stand of pines on it) is off limits. But such markings have no real relevance in an urban area.
Nonetheless, the probable cause affidavit that Officer Gerardo Cantu, APD#6111, swore to and filed in this case indicated that he arrested my client for trespassing on a "heavily forested" property at 8212 Sam Rayburn Drive, which contained trees "painted with a purple band" as well as posted "No Trespassing" signs that were "in plain view" on all sides of the property.
As you can see from the street view provided by Google Maps, this is not a heavily forested property. When I drove out there last week, I discovered that it is, in fact, a multi-unit property in a densely populated urban slum. There's a single tree with no purple paint in sight. The only signs posted anywhere on the property do not say "No Trespassing." Rather, they prohibit drinking and loud music in public areas, roaming around, soliciting, loitering, and so forth.
In fact, no element of Officer Cantu's criminal trespass allegation against my client turned out to be true. He just made the whole thing up. The really surprising thing is that he's willing to commit aggravated perjury when it's so easy to prove.
As for the case against my client, I printed out the whole stack of photos that I took at the scene, which included a shot with the address shown on the side of the building, and showed them to the prosecutor at our scheduled pretrial conference last week. She decided that it was in the "interest of justice" to dismiss. Imagine that.
The most frustrating part: Because Texas gutted our open records act on closed criminal cases that don't result in successful prosecution, records where police misconduct is outed by a diligent defense attorney and the case is dismissed become closed, at the department's discretion.
This example may also help explain why prosecutors in some counties don't want defense attorneys to make copies of police offense reports.