Judge: Prosecutorial misconduct warrants new trial in 1997 capital murder

Another high-profile capital murder conviction may be overturned based on alleged prosecutorial misconduct, according to findings of fact and conclusions of law entered by a judge last week in a habeas writ in Shelby County. The judge recommended a new trial for Kenneth Wayne Boyd, who was sentenced for capital murder along with three co-defendants following a trial marked by "the use of jailhouse snitches high on crack, lying witnesses, and suppressed evidence," reported KTRE-TV (June 21). The men were convicted of killing three people in 1997, including a 13-year old girl, but one of the convictions has already been overturned and now Mr. Boyd's seems headed in the same direction:

Boyd has now filed a Writ of Habeas Corpus, a document asking for freedom due to injustices.

Thursday, an order signed by District Judge Charles Mitchell stating agreement with allegations made by Boyd was filed.

It recommends that the Texas Court of Criminal Appeals release Boyd, vacate his sentence and order a new trial. ...

The order cites a pattern of prosecutorial misconduct including suppressed items of evidence and false testimony. These are some of the same issues that led to the appeals court throwing out Boyd's co-defendant, Rodney Moore's life conviction.

Boyd was whisked away in 1999 following his life sentence for capital murder. To this day he maintains his innocence, along with three co-defendants.

Witnesses say he was in Jacksonville, not Center, When Brian Brooks, Percy Moore and a sleeping 13-year-old Christy Calhoun were gunned down in 1997.

He even passed a polygraph.

But recommendation for relief extends way beyond that.

Facts and conclusions of law are listed in an order signed by District Judge Charles Mitchell.

It cites the use of jailhouse snitches high on crack, lying witnesses, and suppressed evidence on the part of then-District Attorney Karen Price. ...

The order claims the lies were all part of "deals" in exchange for their testimony.

The order reports the state suppressed critical information including that from a prime suspect.

The order cites a pattern of misconduct by Price. This gave the appearance the state would do anything for a conviction. 

The website Shelby County Today offered this summary of the claims upheld by the district judge in Mr. Boyd's habeas writ:

A) Confrontation Clause Claim - Admission of Rodney Moore's out-of-court statement through the testimony of Derrick Brown violated the Confrontation Clause of the Sixth Amendment to the United States Constitution. B) Brady Claim (The State has an affirmative duty to disclose evidence favorable and material to a defendant's guilt or punishment under the Due Process Clause of the Fourteenth Amendment) - State failed to disclose material, exculpatory evidence to Boyd's defense team including but not limited to: a partial report of a polygraph examination of a State's witness, letters sent from State's witnesses to the former District Attorney shortly before Boyd's trail; offense reports indicating that another person besides Boyd was responsible for the murders; and information that another State's witness had failed a polygraph examination. C) False Testimony Claim - The application claims false testimony was given by several State's witnesses in an attempt to "cut a deal".

Ugly stuff. And ironically, the woman who prosecuted the case is in a runoff for District Attorney in the GOP primary! Hell, in Shelby County, I wouldn't be surprised if she wins.

Feds investigating Shelby DA in alleged Tenaha shakedown cases

According to the Associated Press (Oct. 25), the Shelby County District Attorney responsible for infamous asset forfeiture scandal in Tenaha is now herself facing scrutiny from federal prosecutors. The story opens:

The district attorney in a Texas county with a well-known drug-trafficking route repeatedly allowed suspected drug runners and money launderers to receive light sentences - or escape criminal charges altogether - if they forfeited their cash to prosecutors.

As a result, authorities collected more than $800,000 in less than a year using a practice that essentially let suspects buy their way out of allegations that, if proven, would probably have resulted in prison sentences.

"They were looking out for the treasury of their county instead of doing the job of protecting society," said R. Christopher Goldsmith, a Houston attorney who represented one of the defendants.

The system engineered by Shelby County District Attorney Lynda Kaye Russell is now one focus of a federal criminal investigation that is also reviewing whether Russell and other law enforcement officials targeted black motorists for traffic stops.

Interviews, court records and other documents reviewed by The Associated Press show numerous examples of suspects who went unpunished or got unusually light sentences after turning over tens or hundreds of thousands of dollars.

The money from those and other defendants increased the DA's forfeiture account by more than two hundredfold and helped ease a tight budget. The county's former auditor has testified that at least a portion of it was spent on campaign materials, parades, holiday decorations, food, flowers, gifts and charitable contributions.

In one instance, a man accused of transporting 15 kilos of cocaine and more than $80,000 in cash got probation after forfeiting the money to the district attorney. When the Justice Department learned about the deal, federal officials regarded it as so outlandish that they took the rare step of building their own case.

In another case, a woman caught with more than $620,000 stuffed into Christmas presents walked away after reaching a similar agreement.

Russell, who has been district attorney in the county on the Texas-Louisiana border since 1999, did not respond to repeated requests for comment. She announced in June that she was resigning, effective at the end of the year, to care for her sick mother.

Law enforcement agencies across the country often seize money or property believed linked to criminal activity. If they can prove the link in civil court, authorities can take possession of it permanently. But it's highly unusual to make deals that provide suspects with freedom or leniency if they agree to forfeit their cash.