tag:blogger.com,1999:blog-8597101.post1632622509329153232..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Austin PD withheld Brady material, administrators contradict each other on infiltration of Occupy movementGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger26125tag:blogger.com,1999:blog-8597101.post-44416566568619156952012-09-15T10:43:57.185-05:002012-09-15T10:43:57.185-05:00Another aspect of supplying the lock boxes is that...Another aspect of supplying the lock boxes is that it makes them accomplices and as such their uncorroborated testimony is not admissable to convict those they supplied the boxes to. Corroboration for some elements of this situation could be lacking and if so could result in dismissal or acquittal. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-50470472868460427622012-09-11T01:29:46.991-05:002012-09-11T01:29:46.991-05:00Scott, you can like it or not. It's your websi...Scott, you can like it or not. It's your website. But you are the first one to call names and that showed you as the lesser in this exchange. You can try to disguise it as something else but it all boils down to you being wrong. You've got an ax to grind with APD. Rightly so as I thought and posted at the time. But you're letting it carry over to this case and you can't help but rush to condemn Dowell and can't tolerate the thought that what he did was probably completely proper and the occupy folks were properly charged. Grow up and maybe you can get back to your senses.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-40286962911078176252012-09-10T16:00:19.777-05:002012-09-10T16:00:19.777-05:00THINK ABOUT IT: Law enforcement is not going to ge...THINK ABOUT IT: Law enforcement is not going to get properly sanctioned and charged when warranted, if and BECAUSE PROSECUTORS ARE NOT being held to that standard. PROSECUTORS AND LAW ENFORCEMENT WORK AS A COLLABORATIVE TEAM - OPPORTUNISTIC COLLUSION IS ALL TOO COMMON, with the current lack of oversight and a system with huge external pressures to get convictions, it's almost a temptation too unbearable for a superman/woman. IF PROSECUTORS GO AFTER LAW ENFORCEMENT IN SUCH A CULTURE, THEY MAY INCRIMINATE THEMSELVES,OPEN THE DOOR TO RETALIATION. Consequently, there is little deterrent for prosecutors to not fudge on this. LACK OF CONCRETE SANCTIONS FOR PROSECUTORS ENABLES THE POLICE MISCONDUCT AND EVEN CRIMINALITY HERE. Glyngaylanoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-14356750847335273772012-09-10T14:54:05.039-05:002012-09-10T14:54:05.039-05:00BOTTOMLINE: What is felonious intent or conduct fo...BOTTOMLINE: What is felonious intent or conduct for civilian citizens needs to same standard for prosecutors. Most of the actions described above, and the weight of their effect on lives of citizens, are NOT "MISCONDUCT"...They are "MATERIAL" AND "FELONIOUS" by the uniform standards of this nation. WHY ARE THESES ACTS NOT BEING PROSECUTED?Glyngaylanoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-35689131391929203982012-09-10T13:18:06.246-05:002012-09-10T13:18:06.246-05:00Hey Grits, I could be wrong but isn't this the...Hey Grits, I could be wrong but isn't this the second time he's (trollerrotsie) lost it this year?<br /><br />Regardless, it's always a treat to see spanking where it's due. Thanks.Thomas R. Griffithhttp://www.projectnotguilty.comnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-42202318433142317812012-09-10T12:45:33.948-05:002012-09-10T12:45:33.948-05:00Phillip Baker,
The problem with the "good co...Phillip Baker,<br /><br />The problem with the "good cops" maintaining "the culture of silence in all law enforcement agencies" is that by doing so they become "bad apples" too and then the whole barrel stinks.The Comediannoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-13710562841229040302012-09-10T07:08:53.860-05:002012-09-10T07:08:53.860-05:001:30, Of course you're not name calling when y...1:30, Of course you're not name calling when you call me "thuggish," claim I "ate" (sic) the police, etc., right? It seems like you want to dish out abuse (anonymously, and unaccountably) but can't take it when someone calls you on your BS. I made my case based on reported facts. You ignore facts and arguments and instead attempt to whitewash over them and anonymously impugn motive with irrelevant, off-topic accusations. Believe me, I don't care a whit for "respect" from anonymous trolls who behave thusly. You can keep it.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-75217031390982070512012-09-10T01:30:45.179-05:002012-09-10T01:30:45.179-05:00Well, we'll watch and see how this all plays o...Well, we'll watch and see how this all plays out but I've lost a lot of respect for you, Scott. it seems you are only really wanting people to agree with you and when they don't you stoop to name calling. Sad. I did think you were above that.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-32974280029438211972012-09-09T21:49:45.798-05:002012-09-09T21:49:45.798-05:00SEPTEMBER 9, 2012
Jay-Z says Occupy Wall Street h...SEPTEMBER 9, 2012<br /><br />Jay-Z says Occupy Wall Street had a fatal flaw: Its 99 messages.<br /><br />The legendary rapper, in a new interview, says he never threw his support behind the protest movement because he didn’t understand what it stood for.<br /><br />“What’s the thing on the wall, what are you fighting for?” Jay-Z told The New York Times in a wide-ranging interview.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-40706324881337270602012-09-07T14:52:38.990-05:002012-09-07T14:52:38.990-05:00What's not been stated is the felony charge in...What's not been stated is the felony charge in this case even without the "help" of the officer is incredibly questionable, if not outright bogus. The judge in this case initially threw out the charge, as has been done before when those who don the dragon sleeve are brought up on felony charges. The prosecution actually took this to a grand jury in order to bring the case back to the same judge. <br /><br />While you may have objections to the tactics of OA in the first place, please understand that the use of lockboxes, while not specifically approved by GA, do not violate the core value of non-violence in my opinion. And the only person who could have anticipated that they would lead to a felony charge might have been the officer who manufactured them.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-20186288285001015492012-09-07T14:39:15.909-05:002012-09-07T14:39:15.909-05:0012:11, it's classic troll behavior to ignore f...12:11, it's classic troll behavior to ignore facts and arguments an instead try to impugn motive - of me, HCDAO, etc.. At this point you're boring me, particularly since you conceal your own identity (if not so much your motive to cover up APD misconduct) to keep from being held accountable. This has nothing to do with my own encounters with APD and I'd have said the same thing if any other department in the state had withheld exculpatory evidence from prosecutors. Move on ... your schtick here is pretty much played out.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-73605108372303650422012-09-07T12:46:38.318-05:002012-09-07T12:46:38.318-05:00There is a reason police- of any variety- should b...There is a reason police- of any variety- should be constantly scrutinized for honesty and lawfulness. These are individuals who are armed (heavily, usually), handed enormous powers over other people (A power largely unchecked, unless the recipient has some bucks or connections), and a long history of operating their own in-house justice system. Any American who has even a glimmer of the founding principles of this republic, should always be deeply suspicious of all police actions. Yes, most are good cops, doing a hard job and deserving of our thanks. But there are enough "bad apples" on all forces to warrant caution, especially given the culture of silence in all law enforcement agencies and the dire consequences police abuse can cause.Phillip Bakernoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-33244833663459148292012-09-07T12:11:24.373-05:002012-09-07T12:11:24.373-05:00Scott if you believe the Harris County DA's of...Scott if you believe the Harris County DA's office has a stellar record on Brady and their unimpeachable credibility is what you are pegging your argument on I feel sorry for you. They are just trying to throw APD under the bus. Nothing has proved Dowell has done anything wrong and I don't think he did. There are plenty of Brady issues the HCDAO should be concerned about right in their backyard. If this wasn't involving an APD officer they would not bat an eye. But, it sounds like you still have an axe to grind with APD of the incident involving you and your granddaughter. I don't blame you for carrying a grudge over that but you should stop allowing it to influence your other work so much.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-5665076514255607412012-09-07T11:48:53.565-05:002012-09-07T11:48:53.565-05:00Anon 2:55. I have a hypothetical to put before an...Anon 2:55. I have a hypothetical to put before and which I hope you will address.<br /><br />Assume Mr. Dowell and his two as yet annonymous partners had not been law enforcement officers, but had simply been three more people trying to Occupy something. Assume they had conspired, as they did, with some of the Occupy people for some of the Occupy people to use those lockboxes, and had constructed those boxes, and gave them to the people who used those boxes. Wouldn't Mr. Dowell +2 be criminally liable either as criminal conspirators or as some kind of party to the crime?<br /><br />If I give a gun to a bank robber, or to someone whom I know is planning on using it to knock over a pharmacy, wouldn't I have some exposure as a party to the offense?<br /><br />The issue here is not entrapment. The issue is whether Dowell +2 should be indicted.dorannoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-68947248470232873542012-09-07T04:50:22.863-05:002012-09-07T04:50:22.863-05:00"Thuggish," 2:55? Really? I can "to..."Thuggish," 2:55? Really? I can "tolerate" other opinions - it's not like I deleted yours - but that doesn't mean I won't call BS when some fool claims overt Brady violations deserve "a medal." I neither "ate" the police nor sympathize with the Occupy folks, who I called "dumb as a bag of hair," but to claim "there was nothing done wrong here by the police" when Harris County prosecutors are accusing them in open court of withholding Brady material beggars belief. Sorry to disappoint you.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-19161586613542840132012-09-07T02:55:44.663-05:002012-09-07T02:55:44.663-05:00Police officers do a lot wrong. Mostly they do wha...Police officers do a lot wrong. Mostly they do what is right but enough wrong to make it worthwhile to keep a sharp eye on them. But this is not one of those times. The offenders who chose to commit the worst act in furtherance of their crimes, using the locking devises, were properly charged. The ones who did not use them were properly charged. It was a choice made by those individual offenders. You may ate the police, you may be sympathetic to occupy but there was nothing done wrong here by the police. Scott, I'm pretty disappointed that you can't tolerate another opinion without resorting to such a thuggish response.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-50151361173072958382012-09-06T19:21:31.465-05:002012-09-06T19:21:31.465-05:00United States v. Agurs, (1976) found that there ar...United States v. Agurs, (1976) found that there are three situations in which a Brady claim might arise: (1) where new evidence revealed that the prosecution introduced trial testimony that it knew or should have known was false; (2) where the prosecution failed to obey a defense request for specific exculpatory evidence (evidence that helps to prove defendant's innocence); and (3) where the prosecution failed to volunteer exculpatory evidence that was never requested, or requested only in a general way; and noting the existence of a duty on the part of the government in this last situation when suppression of the evidence would be “of sufficient significance to result in the denial of the defendant's right to a fair trial.” Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-66987150880696815542012-09-06T13:27:23.976-05:002012-09-06T13:27:23.976-05:00My question is who ultimately authorized this acti...My question is who ultimately authorized this activity.....Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-22005977391149939572012-09-06T11:05:31.472-05:002012-09-06T11:05:31.472-05:00Grits, you or the Chronicle article you featured q...Grits, you or the Chronicle article you featured quoted Dowell as saying "There are no written police reports, he said; since there was no criminal investigation ongoing...."<br /><br />Wow. I'll bet he recants that remark, or says he was mis-quoted.<br /><br />If there was no criminal investigation going on, what were the cops doing with "infiltrating" the group using false names, false etc? There would be no need to do that: They could just show up in uniform and sit silently in meetings and take notes of what was said if that kind of info was what they wanted.<br /><br />That there is or was an ongoing criminal investigation is generally the crutch that allows undercover cops to skate real closely to committing criminal acts themselves, and barely to avoid giving defendants the defense of entrapment. Without the "cover" of an ongoing criminal investigation, cops in Dowell's position, or predicament, should be considered to be just as criminally liable as their co-conspirators in Occupy.dorannoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-896458915700466592012-09-06T10:41:51.766-05:002012-09-06T10:41:51.766-05:00The practice of police not turning over material i...The practice of police not turning over material is very widespread and is getting worse over time. Much of this is not accidental --- the feds *train* police to keep certain aspects of their investigation in 'separate records' or not to make records. (for example, FLETC training on the use of cell phone tracking). Even more problematic, police who are keeping records "at home", on their "personal computer", etc. And will try to obfuscate or outright lie about it. Similarly, the police (particularly detectives in these parts) are using 'personal' laptops/tablets and private phones, etc. to bypass official recording/retrieval of records. <br /><br />This causes vexing legal complications and often results in battles over subpoenas duces tacem and arguments over legal representation. In the end, to get the records you need (and are legally entitled to) you have to subpoena everyone under the sun and fight out several individual battles with the city, the department, the officer, the DA, etc. Defense attorneys frequently loose these battles simply because of the bureaucratic obstinance of the police/city/officer.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-84866952957765870392012-09-06T10:29:35.372-05:002012-09-06T10:29:35.372-05:00Grits,
Really appreciate this post about yet anoth...Grits,<br />Really appreciate this post about yet another law enforcement agency that doesn't understand its Brady obligation.<br /><br />One not-so-small point: Brady material does not just encompass evidence that exculpates. It encompasses "favorable" evidence. <br /><br />(In Brady, the S. Ct. explicitly stated that "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." Brady v. Maryland, 373 U.S. 83, 87 (1963)).<br /><br />This is a significant issue. Prosecutors frequently want to limit Brady turnover to evidence that points to lack of guilt, but in fact, the universe of what must be produced is far larger than that encompassed by "exculpatory" evidence. For example, in the case of Giglio material (a type of Brady evidence), evidence relevant -- in any freaking way -- to punishment must be turned over.<br /><br />Thanks for covering this!<br />Your Faithful ReaderAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-4671224115254560222012-09-06T09:50:42.450-05:002012-09-06T09:50:42.450-05:00Good point, 9:43, I'd forgotten about that til...Good point, 9:43, I'd forgotten about that till you mentioned it. He actually argued that prosecutors who violate Brady should themselves be prosecuted. Here's an excerpt of the exchange <a href="http://www.texasmonthly.com/preview/2012-06-01/feature2" rel="nofollow">from Texas Monthly</a>:<br /><br />Acevedo: ... I’ve got to tell you, it really bothers me when I hear prosecutors say that prosecutors don’t understand Brady, when, as a police chief, I use Brady to fire people. <br /><br />Siegler: You’re thinking that Brady is this black-and-white, clear-cut thing. That’s not what Brady is in the world of prosecutors. ...<br /><br />Acevedo: I’m not an attorney, but if I’ve got information that is exculpatory, I have a moral obligation to— <br /><br />Siegler: “Exculpatory” is an easy word to use, but we’re talking about inconsistent evidence, mitigating evidence—that too. And I guarantee you every single one of the cops that work for you don’t put in their offense reports every single little inconsistent thing they know. <br /><br />Acevedo: Oh, absolutely. But you know what? Here’s the piece that is missing, that Anthony’s talking about. You can train people all you want, but you’re dealing with human beings. If there are not consequences for willful misconduct, you can have all the training in the world, you can have all the rules in the world.<br /><br />Graves: You gotta do more than train. <br /><br />Acevedo: It drives me nuts that I have 180 days [from the time of misconduct to discipline a police officer]. That’s all I have. One hundred and eighty days. That’s nothing. There should not be a statute of limitations when it comes to violating the public trust. And cops will hate me for saying that. Prosecutors will hate me for saying that. But in a democracy, if our criminal justice system doesn’t work, we are in deep trouble. And it starts with those consequences.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-8448662970039952532012-09-06T09:43:31.002-05:002012-09-06T09:43:31.002-05:00Wait a second,...Didn't Acevedo just crawl up ...Wait a second,...Didn't Acevedo just crawl up on a soapbox at some public forum within the last few months and criticize prosecutors for not turning over Brady material and insist that his department always turned over exculpatory and mitigating evidence to the DA's office? Or did I just dream that, Grits? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-76442177816026351422012-09-06T09:39:04.641-05:002012-09-06T09:39:04.641-05:00interesting. but typical police FRAUD! and LIES!
...interesting. but typical police FRAUD! and LIES!<br /><br />Since i see they have no problem with deleted materal when it's a SEX CRIME...hell they have been know to recover images that they THEMSELVES prove the machine owner couldn't even see! but stil have no problem with charging and CONVICTING them of having.<br /><br />This whole police department needs to be disbanded and all supervisory officers right up to the chief need to be arrested and charged.rodsmithnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-12090041849565211222012-09-06T09:35:18.207-05:002012-09-06T09:35:18.207-05:009:23, if you think police withholding and possibly...9:23, if you think police withholding and possibly destroying Brady material deserves a medal, it's not me who's got "the world ... turned upside down"<br /><br />Also, the protesters who didn't use the APD-made lockboxes got misdemeanor charges, so it's patently false that "Had APD not been involved ... this whole thing might have gone much worse." In fact, APD's involvement made things worse, if by "worse" one refers to the commission of more serious crimes.<br /><br />It's no wonder you don't put your name on such trollish comments.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.com