tag:blogger.com,1999:blog-8597101.post7892547350675573964..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Debtors prisons, marijuana reform, and recipe for a shit sandwichGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-8597101.post-87056687540426670062016-11-10T10:12:35.511-06:002016-11-10T10:12:35.511-06:00Re: Matthew Luckhurst
Miracle of miracles, the po...Re: Matthew Luckhurst<br /><br />Miracle of miracles, the police union does not appear to be pushing for Luckhurst's reinstatement as they denied him a union paid attorney. <br /><br />http://www.mysanantonio.com/news/local/article/Sources-SA-cop-fired-for-feeding-fecal-sandwich-10593479.php<br /><br />It appears that Luckhurst can still use the generous arbitration system achieved through the union's collective bargaining.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-2219520656611706812016-11-09T07:35:48.004-06:002016-11-09T07:35:48.004-06:00"Is there no attorney in TX who can read the ..."Is there no attorney in TX who can read the TX Constitution and Statutes, and understand it?" <br /><br />If only the Forensic Science Commission had a general council that could educate its members and follow the written law, instead of blissfully disregarding it for their own gain.<br /><br />If only there were oversight and accountability.<br /><br /><br />@11:48-<br />Sarcasm (I hope)? Does this award go back to the MDAO?<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-60357288824226070342016-11-08T18:10:56.469-06:002016-11-08T18:10:56.469-06:00More of dfisher's work,
http://gritsforbreakfa...More of dfisher's work,<br />http://gritsforbreakfast.blogspot.com/2011/09/medical-examiners-work-may-be-void-for.html<br /><br />@DFisher-<br />Do you have a business email?<br />sliterchewspens@gmail.com<br /><br />-SCPAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-68251544268922166722016-11-08T18:00:43.799-06:002016-11-08T18:00:43.799-06:00Just to add my 2 cents to DFisher's thesis,
I...Just to add my 2 cents to DFisher's thesis,<br /><br />If a Commissioner of the TFSC recommends that the ADP DNA lab shut down, wouldn't that Commissioner be prohibited from accepting work/money from the APD lab that was shut down? That also would be a conflict of interest, no?<br /><br /><br />For a scientific perspective, Dr. Barnard is also the same genius running the DNA testing lab responsible for this ditty...<br /><br /><b>http://www.scribd.com/doc/235571852/Audit-Compliance-of-CODIS-at-SWIFS-December-2009-Copy</b><br /><br />The Word-Of-The-Day: "Egregious"<br /><br /><br /><br />I fear for the Austin-ites.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-1607835429919375862016-11-08T13:49:41.803-06:002016-11-08T13:49:41.803-06:00So after the Forensic Science Commission finds pro...So after the Forensic Science Commission finds problems with the APD DNA Lab and it is shut down, the City of Austin enters into a 6 yr. contract with the Dallas CO DNA Lab to test APDs Rape Kits.<br /><br />Here's the problem, Dr. Jeffrey Barnard is a Appointed member of the FSC, is the Appointed Chief Medical Examiner for Dallas CO, a Appointed professor of Pathology at the UT Southwestern Medical School and the Appointed Director of the Dallas CO Crime Lab including the DNA Lab. Does anyone other than me see a conflict of interest here, to say nothing about the constitutional violations?<br /><br />For those who don't know the TX Constitution here are the problems. (1)Art. XVI Sec. 1 requires the Chief ME to execute the Oath of Office and Anti-Bribery Statement before entering the office. (2)Art. XVI sec. 40 forbids the holding of two paid appointments at the same time unless the offices are exempted. (These 2 are not exempted) (3)Art. XVI, Sec 33 forbids the State or any of its subdivisions from paying a salary to anyone holding 2 appointments in violation of Art. XVI, Sec. 40.<br /><br />In 2002 AG Cornyn issued Opinion JC-0577, holding Professors at State Universities are not exempted under Art. XVI, Sec 40, so may not hold two paid appointments.<br /><br />In 1989 Dr. Barnard was appointed a professor at the UT Southwestern Medical School. In 1991 Dr. Barnard was appointed Chief ME for Dallas CO. After being appointed medical examiner, Barnard did not execute his oath documents, so voided both appointments. In July 2011 I forced Barnard to execute his ME Oath documents, which voided Barnard's position at the UT Southwestern Medical School.<br /><br />Barnard's failure to execute his ME Oath documents in 1991 created an unconstitutional ME's Office in Dallas and voided all autopsies and death certificates signed by anyone associated with that ME’s office. By holding 2 appointments at the same time, all medical degrees signed off on by Barnard and his deputy ME's at the UT Southwestern Medical School are likewise void.<br /><br />When Barnard executed his Oath documents for the Dallas CO ME's Office on July 14, 2011, he became for the first time the legal Chief ME for Dallas CO, but his appointment as a professor with the UT Southwestern Medical School was voided as are all graduate medical degrees he's been signing off on. An additional problem this Oath signing caused brings us back to the original problem of Barnard's position on the Forensic Science Commission.<br /><br />Under the TX Code of Criminal Procedure, Art. 38.03(a)4 "one member(of the commission) who must be a faculty member or staff member of The University of Texas who specializes in clinical laboratory medicine that the governor selects from a list of five names submitted by the chancellor of The University of Texas System."<br /><br />Since Dr. Barnard holds his appointment on the FSC under this section, his position on the Forensic Science Commission was voided when he executed his ME Oath in July 2011. But this does not end the problem since in 2008 the Dallas CO District Attorney Watkins argued in a Brief filed with the 1st Court of Appeals in Houston, that Dr. Barnard as Chief ME is a Judge under the ME Statute (CCP Art. 49.25, sec. 6(a)) when conducting "Inquest" and "Autopsies".<br /><br />Under the TX Constitution no Judge can hold 2 paid appointments or appointments the conflict at common Law. A judge cannot be a Director of a Crime Lab, which a DNA Lab is.<br /><br />(Footnote. Todd Willingham's conviction and execution was foundationed on the unconstitutional Dallas CO Autopsy under Dr. Barnard.)<br /><br />I now pose this question to all learned people who read this blog, "Is there no attorney in TX who can read the TX Constitution and Statutes, and understand it?" <br />DFishernoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-43654203309413302882016-11-08T11:48:48.763-06:002016-11-08T11:48:48.763-06:00@11:20-
Don't worry. In 2015, the Manhattan D...@11:20-<br /><br />Don't worry. In 2015, the Manhattan District Attorney’s Office awarded the Austin Police Department $1,994,648 to test 3,070 rape kits; <br /><br />http://manhattanda.org/press-release/district-attorney-vance-awards-38-million-grants-help-32-jurisdictions-20-states-test-<br /><br />So the money is being spent wisely. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-37834695293559876732016-11-08T11:20:56.021-06:002016-11-08T11:20:56.021-06:00"The analysts are being retrained, and police..."The analysts are being retrained, and police officials expect them to resume operations by or before mid-2017."<br /><br />Amazing. No negligence or misconduct identified by the FSC.<br /><br />Is the accreditation agency paying for these tests since they provided accreditation for the APD lab for the last decade?<br /><br />"Police Chief Art Acevedo responded with a promise that he would find the money to do so." How kind, since the Chief wasn't able to identify the lab's problems 6 years ago. By firing the Chief, his $206,000/yr salary should go towards paying for the DNA testing of the kits.<br /><br />Forensics is silly.Anonymousnoreply@blogger.com