tag:blogger.com,1999:blog-8597101.post8746009040910051679..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Keep expectations realistic vis a vis 'reformer' DAsGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger18125tag:blogger.com,1999:blog-8597101.post-14332083095832506542017-11-30T15:40:37.453-06:002017-11-30T15:40:37.453-06:00Yup, just like I was saying. This just in from th...Yup, just like I was saying. This just in from the Tyler paper: <br /><br />http://www.tylerpaper.com/TP-News+Local/314412/smith-county-da-stands-behind-prosecutor-who-reached-plea-deal-with-suspect-in-dps-troopers-death<br /><br />Apparently, the Smith County deputy who was assaulted didn't want the case to go to trial because he didn't want to have to explain why he quit his job. (The article does not explain why he left the sheriff's department.) So, it's an ironic twist in that a prosecutor the "tough on crime" DA's office went easy on a dangerous defendant so that a law enforcement officer wouldn't be embarrassed during the trial.<br /><br />I rest my case.Smith County Residentnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-23148055509782357592017-11-30T08:55:51.441-06:002017-11-30T08:55:51.441-06:00Sorry, @5:44, I DO stand corrected. Dabrett Black...Sorry, @5:44, I DO stand corrected. Dabrett Black, the guy who allegedly murdered the trooper, assaulted a sheriff's deputy in 2015 and was given a plea deal by Smith County Assistant D.A. Jacob Putman that downgraded the charges from two felonies to one misdemeanor. Putman claims the deputy and his family were agreeable to the deal because they wanted to avoid an extended trial. D.A. Matt Bingham is now alleging that Putman violated department policy by downgrading a felony without approval by the DA or First Assistant. (Putman is the only candidate on the ballot to replace Bingham who will step down at the end of 2018.) Wanna know who represented the defendant? Why, it was our old friend Craig Watkins from Dallas! Black is a veteran who reportedly has a history of schizophrenia, PTSD, and alcohol abuse. http://www.tylerpaper.com/TP-News+Local/314338/suspect-in-dps-trooper-shooting-was-given-deal-in-2015-attack-in-smith-county<br /><br />So much for "tough on crime," which seems not to apply in certain "special" situations, e.g. when veterans or law enforcement officers are involved.<br /><br />To keep this on-topic, I think this illustrates some of the endemic problems common to DA's offices. "Tough on crime" is often measured by conviction rates rather than by any assessment of whether the punishments fit the crimes or whether the public is being protected. The most efficient way to get convictions is by offering plea deals. So well over 90% of all cases get disposed that way, they guilt or innocence of the defendants notwithstanding. Everybody walks away happy, if by "everybody" you mean prosecutors and defense attorneys. The prosecutors get their high conviction rates and the defense attorneys game the system and make themselves look good by keeping their clients out of prison or get "reduced" sentences. Never mind the collateral consequences of wrongful convictions, etc.<br /><br />And in this case, we had a very dangerous individual, but the fact that he was a veteran and supposedly mentally ill, everyone had a convenient "out" in that thought they could go easy on him and send him to the V.A. for treatment. (Yeah, the V.A. healthcare system is well-regarded for the quality and efficiency of treatment it provides, isn't it?)<br /><br />By the way, we had another case here in Smith County in which a constable's wife tried to murder him by shooting him. He was seriously injured and the couple's 4 year-old granddaughter was also injured. But our DA talked the grand jury in to no-billing the woman because, well the constable and other family members didn't want her prosecuted. Apparently the attack was motivated by an alleged extramarital affair, and I'm guessing the constable--and the county--wanted to avoid scrutiny, as the constable had been accused of sexually harassing a county employee several years earlier.<br /><br />The point I'm trying to make is that our criminal justice system is sick because it seems to operate on the basis of what is politically expedient and convenient for prosecutors, defense attorneys, and judges rather that what works well to protect the public.<br />Smith County Residentnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-35470078726881928322017-11-29T10:20:24.561-06:002017-11-29T10:20:24.561-06:00Exactly, 8:41, and lately, in Texas and elsewhere,...Exactly, 8:41, and lately, in Texas and elsewhere, they've been electing DA's who promote "reform," not Trumpist touters of "American carnage," etc. Try to keep up.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-77184599236303243832017-11-29T08:41:32.438-06:002017-11-29T08:41:32.438-06:00@Mark M... According to most East and West Coast l...@Mark M... According to most East and West Coast liberals, it was the "intolerant, biased, ill-informed and small-minded country yokel cousins" that elected Trump. Or as labeled by your candidate Hillary: "deplorables." But guess what, those same people are also dutiful voters, especially here in Texas. And they vote for DA's. Welcome to the 21st century, indeed. :) Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-51932589199780325762017-11-29T08:32:06.886-06:002017-11-29T08:32:06.886-06:00Um, @5:44 would you please clarify the connection-...Um, @5:44 would you please clarify the connection--if there is one--between the situation in Smith County and an officer being murdered? Did Bingham and his minions let someone out who later killed a DPS trouper? I'm not aware of such a case, but I'm prepared to stand corrected, if necessary.<br /><br />Ah, but Smith County, the Most Ridiculous Place on Earth! There's really no "soul searching" going on here in terms of the D.A. race. Bingham's replacement, Jacob Putman is already waiting in the wings and is running unopposed. He's making some noise about upholding the rule of law and restoring "integrity" to the office, but we'll see. He is supported by some good people in the system, so we'll hope for the best, I guess.<br /><br />The BETTER news is that DA Matt Bingham's chosen successor, First Assistant April Sikes, precipitously dropped out of the race this spring. That was interesting in that it happened right after a popular blogger published some cryptic comments about how she might have to answer some tough--and potentially embarrassing--questions during the campaign. Hmmm... She would have almost certainly continued the dynasty of A.D. Clark III--Jack Skeen Jr.--Matt Bingham.<br /><br />I agree, Grits, in that systemic changes, such as legislation, are necessary. But you have to change things at the local level, too. Prosecutors and law enforcement agencies are uncanny in their ability to circumvent the law. After all, who is going to arrest them or prosecute them when they break the rules? You still have to have good people in office who are willing to do the right thing.Smith County Residentnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-31264824600583858062017-11-29T08:06:28.636-06:002017-11-29T08:06:28.636-06:00I'm not saying that Watkins' corruption ha...I'm not saying that Watkins' corruption had anything to do with his reforms. I'm making a different point -- my point is that the kind of person who runs as a reformer tends to be the kind of person who is fast-and-loose with the rules and their own ethics. Remember, a big part of Watkins' problems were ethical.<br /><br />It's hard to find someone who is sympathetic to the need to reform criminals where possible and holds themselves to the highest standards in the same person. Add in that this person has to be someone with access within the political machine, and it becomes damn near impossible.<br /><br />The establishment types are established, by definition. Their corruption runs towards, "of course the accused committed this crime, I wouldn't have charged him if he didn't." The reformer type of corruption runs towards, "of course my wife did half a million dollars worth of work for my campaign, I wouldn't have paid her if she didn't."Phelpshttps://www.blogger.com/profile/06270536870200063563noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-52859889833302820052017-11-29T06:59:02.914-06:002017-11-29T06:59:02.914-06:00Mr. Watkins's Conviction Integrity Unit was ra...Mr. Watkins's Conviction Integrity Unit was rather selective in which innocent persons would get exonerated. In my own case, the CIU "lost" my reporter's record and the best piece of DNA evidence that was collected and presented in my trial. Then they argued against allowing a DNA test on the basis of conflicting terminology between the lab, the GPPD and the record. The End result is no justice served and a continuation of the fallacy quo.Steven Michael Seyshttps://www.blogger.com/profile/07809935502307219692noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-36606906756637283042017-11-29T06:49:08.537-06:002017-11-29T06:49:08.537-06:00The real problem with "tough on crime" D...The real problem with "tough on crime" DAs comes when a case is difficult to close and the pressure is up due to campaign promises. Then the investigators are tempted to "discover" evidence that didn't exist before they dreamed it up, and prosecutors become willing to employ perjury to secure the conviction of the preferred suspect. Meanwhile, the actual perpetrators are out on the street committing more crime and the "tough on crime" system becomes the easiest to beat just by throwing the system a patsey.Steven Michael Seyshttps://www.blogger.com/profile/07809935502307219692noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-74714018966542131542017-11-29T06:45:36.007-06:002017-11-29T06:45:36.007-06:00I guess it's "progress" to see that ...I guess it's "progress" to see that our intolerant, biased, ill-informed and small-minded country yokel cousins have internet access and actually read websites that address authentic Texas problems in a modern, evidence-based manner. Welcome to the 21st century, 05:44.Mark M.https://www.blogger.com/profile/08311614491395261483noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-56953870339830151432017-11-29T06:41:38.802-06:002017-11-29T06:41:38.802-06:00Grits, voting patterns in Harris County are pretty...Grits, voting patterns in Harris County are pretty clear regarding the D vs R situation so there is plenty of evidence to suggest Ogg may be a one term DA. While the county offices have been mostly R for the last 20+ years, demographics show the growth favoring D's is not so great outside the city of Houston, all it will take is a decent R candidate to yank the seat away from her. <br /><br />Personally, I like the drug decriminalization she has championed but on the flip side, I have seen her staff offering extremely favorable bargains to aggravated robbers and other violent criminals so I have to wonder if any of them will be the next "Willie Horton" around her neck. I know that isn't fair but one look at the county commissioner's court make up shows there is still a propensity towards law and order, it took over a million dollars of dedicated support from George Soros, presumably wanting Ms. Ogg for her critical stance on the death penalty, to get her elected. Is he going to pony up more to keep her in place when R voters go back to the polls, her campaign war chest doesn't show it as of yet.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-81476857948754799802017-11-29T06:19:44.529-06:002017-11-29T06:19:44.529-06:00I've seen no evidence yet that we are walking ...I've seen no evidence yet that we are walking into the same situation with those two, Phelps. Watkins' problems stemmed from his desire to use the post to become a political kingmaker (picking judges) instead of focusing on running the office, and he appeared to tolerate corruption among constables and to use the asset forfeiture fund for self-dealing. All of those are very much avoidable problems.<br /><br />Other reforms he did - the conviction integrity unit that started a national trend, having the DA office independently investigate police officer shootings, etc. - were perfectly viable and not at all the reasons he was ousted.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-71268107792229197852017-11-29T06:06:05.981-06:002017-11-29T06:06:05.981-06:00I'm willing to wait until the smoke turns to f...I'm willing to wait until the smoke turns to flames, but doesn't mean that I'm not going to have an extinguisher ready.<br /><br />Sometimes you have a good reason to set the dumpster on fire, but let's not pretend that we aren't walking into the same situation.Phelpshttps://www.blogger.com/profile/06270536870200063563noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-47233060473703910572017-11-29T06:01:42.989-06:002017-11-29T06:01:42.989-06:00@Phelps, agreed Watkins was a flawed candidate. Di...@Phelps, agreed Watkins was a flawed candidate. Disagree all reformers have same flaws. Give Ogg and Gonzalez a minute to do the job before you lump them in with that dumpster fire.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-12712678034535366142017-11-29T05:56:48.195-06:002017-11-29T05:56:48.195-06:00E.g., Craig Watkins would still be DA in Dallas if...<i>E.g., Craig Watkins would still be DA in Dallas if it weren't for his missteps and imbroglios, it's not the reform agenda that sank him.</i> <br /><br />Except that it seems like everyone who runs on the "reformer" platform has the same missteps and imbroglios. Watkins was great for Project Innocence -- but he was also incompetent as a manager and prosecutor, and wouldn't follow the rules on spending or campaign finance to boot.<br /><br />Sometimes the base principles are enough to outweigh the lack of institutional knowledge and experience. That's how the country voted in the last presidential election -- but those sorts of reforms come at a cost, because those sorts of people bring their own problems.Phelpshttps://www.blogger.com/profile/06270536870200063563noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-18024683068556424862017-11-29T05:54:23.858-06:002017-11-29T05:54:23.858-06:00@5:44, that's not the issue at all, the public...@5:44, that's not the issue at all, the public votes FOR reformers in recent elections, and no one but you (troll) ever suggested doing nothing about "murderers, child molesters, wife beaters, robbers, stalkers." That's just stupid.<br /><br />Ironically, if Smith County were to ADOPT pretrial reforms, <a href="http://gritsforbreakfast.blogspot.com/2017/08/the-public-safety-case-for-bail-reform.html" rel="nofollow">they'd be LESS likely to have someone released who murders somebody</a>. But hey, don't let facts or reality get in the way of you opinions!<br /><br />My critique is that the issue with prosecutors is structural, not a function of individuals who hold the office. (See my earlier, linked post responding to Ms. Rice.) It has nothing to do with the hackneyed nonsense you wrote.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-27641730740624422142017-11-29T05:44:04.626-06:002017-11-29T05:44:04.626-06:00I don't know why it's so hard to understan...I don't know why it's so hard to understand that the public likes to feel safe and protected, and victims expect justice to be obtained against those who victimize them. You can only accomplish so much "reform" by offering rehab to drug and alcohol addicts. At some point, you still have to decide what to do about murderers, child molesters, wife beaters, robbers, stalkers, etc.. A lot of these people are really dangerous. And every time you go soft on one of these potentially violent offenders, agree to probation or a low bond--you run the risk that such a criminal will get out of jail and murder a DPS trooper in cold blood on the side of I-45 on Thanksgiving Day. Think there isn't some serious soul searching going on in Smith County right now? Do you want to be the prosecutor who has to explain to the wife and family of a deceased officer why the murderer that killed their husband and father wasn't in jail? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-30789605430101296342017-11-29T05:38:41.946-06:002017-11-29T05:38:41.946-06:00I doubt you're right about the "single te...I doubt you're right about the "single term," 10:19, especially for Ogg, but I agree with you about changing the laws, and the partisan bent of elections (the latter of which is why I disagree with you about Ogg). E.g., Craig Watkins would still be DA in Dallas if it weren't for his missteps and imbroglios, it's not the reform agenda that sank him.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-47196772589353828662017-11-28T22:19:32.264-06:002017-11-28T22:19:32.264-06:00As long as judicial and DA elections are partisan,...As long as judicial and DA elections are partisan, reform will be slow except in the most egregious of cases of misconduct, most elections predicted well in advance. And reformers like Kim Ogg of Houston will typically get their single term before the electorate replaces them in the next election, at least in counties were the numbers of republicans and democrats are similar. Until that is changed, working to change the laws makes more sense in practical terms from a cost to benefit analysis. Anonymousnoreply@blogger.com