A Polk County district judge is accused of sending text messages from the bench to an assistant district attorney to help bolster the prosecution's case during a trial, according to an investigator's report.Regrettably, this only came to light after the communications were discovered by an outsider - the prosecutors receiving these ex parte messages didn't report the judge on their own. Moreover, it appears to have gone on in other cases. The lead prosecutor, Beverly Armstrong "advised it was not the first time, as [assistant prosecutor Kaycee] Jones is in her ear all the time regarding information she believes to be given her by Judge Coker via text during trial," according to an investigator's report quoted by the paper. Pretty brazen, it seems.
State District Judge Elizabeth E. Coker declined to return phone calls to comment on the allegations laid out in a report by Polk County investigator David Wells.
Wells was Polk County District Attorney Lee Hon's criminal investigator when he made the report, but he now is a detective with the Angelina County Sheriff's Department.
After reviewing the report written five months ago, Hon issued a statement this week saying he had found no communications from Coker that had influenced a trial's outcome. He added that he expects the case to be reviewed by the State Commission on Judicial Conduct for possible ethical violations that could require disciplinary action against the elected judge.
Houston attorney Mark Bennett at Defending People claims such behavior is common among Harris County judges, declaring "On more than one occasion I’ve seen Harris County judges coaching prosecutors during breaks in trial." Bennett said he's less surprised at the "underlying contempt for the adversarial process" so much as the use of an "easily documented" means of communication. Experienced judges giving ex parte advice, he seemed to imply, would never leave a paper trail.
If the allegations are true, what are the odds the judge and/or the prosecutors involved will be sanctioned? Suggest betting lines for each in the comments.
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16 comments:
99-1 for sanctions of judge.
9-1 against sanctions of prosecutors if they didn't act upon the tips.
9-1 for sanctions of prosecutors if they acted upon the tips.
Even money on judge being sanctioned.
999:1 against prosecutors being sanctioned.
The judge is more likely to be sanctioned than the prosecutors, because this has hit the press and the CJC is responsive to public outrage.
I think the odds of the judge being sanctioned are pretty slim. In the infamous Mineola Swingers Case in Smith County, Jack Skeen was seen planning strategy with the prosecutor during breaks. I'm sure a complaint was made to the Judicial Conduct Commission (one of many complaints they have received about Skeen). Not only did Skeen "assist" the prosecutor by coaching him during breaks but, according to the opinion form the 14th Court of appeals, Skeen invented rules of evidence to help the prosecution win. Not only did he coach the prosecutor but he bent, twisted, contorted, ignored, and altered the rules of evidence and otherwise ignored the constitution and the laws to help the prosecution win. While this clearly biased and unethical behavior was thoroughly documented in the appellate opinion, no action from the Judicial Conduct Commission. So, if they do act on the allegations againt the Harris County judge, it will be a surprise. I wonder if this judge has a buddy on the Commission like Skeen does.
I will be surprised if anybody is sanctioned. Say 75-25 against any sanctions.
Hmmmmm, that says something about the ability of those prosecutors.
5-1 against anybody getting more than slap on the wrist sanctions.
5-1 in favor of anybody who does get sanctioned using it as a fundraising appeal in next election, if they're not appointed junior prosecutors.
I see the cops and the robbers;
I know they dance the same...
Prosecutors will not be sanctioned; they will overwhelmingly defeat anyone who runs against them in the next election.
Same for judge.
The only person who really needs to be concerned about sanctions is the Investigator who reported this disgusting crap.
Would this be a issue for appeals the defendants clearly did not receive a fair trail and their 6th amendment rights were not just shred but it might as well have been a Star Chamber. At minimum any defendant convicted in those courts should receive a new trail if not all charges dismissed with prejudice and released from TDCJ How many defendant did this happen to ? This does not give me any faith in the "justice system" an not just in TX do a search for Annie Dookhan it seems ot be problem though out the US .No one should spend any time incarcerated base don fabrications or misconduct .those who engage 9in it need to do a life sen seeing they are so willing to ruin lives at any cost .
But The TDCAA folks will of course say this is a 'rare " If you count everyday as rare that is , and how it is quickly corrected or is a "harmless error". Then of course any one on trail is guilty in those guys opinion which should be taken as so much propaganda and flat out lies them prosecutors and cops seem to lie with out thinking twice about it so what if a innocent life is ruined or worse a innocent person executed Being :tough on crime means some one any one and any one will do has to pay .This misconduct also must help in their elections campaign securing so many convictions and not letting those guilty until proven guilty "criminals go free .
A surprise from Smith County. Judge Kerry Russell is presiding over a murder trial of a dentist who killed his wife. The prosecution finished its case last week and the defense was to start their case today. Over the weekend, the dentist, who had been out on bond was rearrested for violating his bond conditions. He purchased some alcohol. Now, it may be that the dentist was in possession of alcohol and was in violation of his bond conditions. But, I found the timing of the arrest to be "interesting." This morning I read that Judge Russell reprimanded the two prosecutors in the case and was referring them to the state bar for improper actions. Apparently an investigator texted the judge asking him to do something improper. This is a surprise coming from Smith County as prosecutorial misconduct there is standard operating procedure. I suspect that they felt there actions would be okay because they commonly have ex parte communications with another judge there, Jack Skeen and Skeen typically does anything they request, no matter how improper. Judge Russell hears mostly civil cases and so probably hasn't been confronted with this type of conduct very often. Kudos to Judge Russell for having the courage to do the right thing. Although, I hope he knows to watch his back. Crossing the DA's office in Smith County is a dangerous thing to do.
Has the DA's union released its obligatory robo-statement yet saying that prosecutorial abuse is so rare that no action by anybody is necessary?
Hmm? Text vs. Side-Bar? A real life "My Cousin Vinny" WTF? moment that'll result in - "What Text?
Sanctions? Heard about it but never seen it. Silly yoouts, next you'll be saying Judges (Clinton)can't ask you if you have found Jesus?, or smirk, yell, or sigh in the direction of...
Next Case.
Does it not seem strange that the 2 lawyers quoted, promote and Burroughs are friends of judge Trapp , the judge beat overwhelmingly by judge jones.. Further his bailiff bob price is real friendly with prigmore. He has been seen hugging all over him. Was he the one that gave tthis so called story to prigmore. Oddly enough dc wells wife works for Trapp. Just a little to cozy to pass the smell test. JIMMY BOY
Check out William Lee Hon's campaign finance report. He's never filed a single report with the Sec of State. Amazing how you can run for office, spend money and feel you don't have to file a CFR...and we trust this guys judgement in the investigation of Judge Coker?
What if the impossible happened and the judge texted help to the defense attorney during trial and was caught? what then?
Anonymous
I think they should be made to step ddown. Enough of the Polk County Click Association!
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