Tonight on Reasonable Doubt

Tonight I will be a guest on HCCLA's public access show Reasonable Doubt along with Sarah Wood at 8pm on Houston Media Source TV. If you don't get that channel on your cable package (or if you've cut the cable), you can catch the live stream at hmstv.org.

Reasonable Doubt is co-hosted by Jimmy Ardoin and Damon Parrish II. Topics tonight will include the death of Sandra Bland, how to handle a police encounter and why black lives matter.

Happy Fourth (or not)

Yesterday the Harris County Criminal Lawyers Association carried on a tradition born four years ago with the annual reading of the Declaration of Independence outside the Harris County Criminal (In)justice Center.

At the same time as the reading in Houston, there were readings at 73 other courthouses in Texas.

The reading is a powerful reminder of what the Fourth of July is all about and why we do what we do. It's an event that pulls us together and gives us a little kick in the ass to motivate us. It's also a stark reminder of how different things were 239 years ago.

Of course I would be remiss if I didn't point out that it was a roomful of wealthy, white landowners who signed the document and their promises of life, liberty and the pursuit of happiness didn't apply to women, the poor or those held in bondage.

A special shout out goes to John Raley who worked for years - for free - to obtain the release of Michael Morton. There is no higher reward in this profession than seeing an innocent man walk out of prison.

HCCLA President Carmen Roe opens the ceremony.

Robb Fickman delivers the keynote address.

But it's not all fun and games for down here in Houston we are in the midst of (yet) another No Refusal Weekend. The other day Mayor Annise Parker and the police got in front of the media and explained why we just need to pretend that the Fourth Amendment doesn't exist on Fourth of July weekend.

The anecdotes are horrific. There is nothing amusing or fun about folks dying in a car accident because someone was intoxicated. But there is also nothing to celebrate about making a mockery of what this holiday is all about. The Founding Fathers put their lives on the line by signing a document that laid out the abuses committed by the British government. Our own elected officials pat themselves on the back for conspiring to violate the Bill of Rights.

An interesting side note to all of this was former Harris County prosecutor (and current Montgomery County prosecutor) Warren Diepraam's appearing on KUHF's Houston Matters yesterday in which he told the radio audience that there was nothing wrong with having a drink or two with dinner and then getting in the car and driving home. I would like to hear Mr. Diepraam square that statement with the fact that once an officer smells alcohol on a driver's breath - and once that driver admits to having had a "couple" of drinks - that the investigation is over and someone's going to jail.

The other day while I was watching the US play Belgium (and apparently forget that the object of the game is to score a goal), I met a police officer from New Zealand who was here on vacation. He was amazed at how different the rules under which the police operate are. In New Zealand, for instance, an officer can pull any motorist over at any time to test them to see if they are legally intoxicated. No reasonable suspicion, no probable cause. No nothing. Get in your car to leave the bar and you just might be the unlucky soul who gets picked to be tested.

That's not a system under which I wish to live. But that's where we are headed with drunk driving laws. When we demonize one crime, we make it that much easier to take away the rights of folks accused of other crimes. Is that how we want to celebrate Independence Day?

First the plea, then the admonishments

On Friday members of the Harris County Criminal Lawyers' Association stood outside Judge Michael Fields' courtroom handing out 3x5 cards listing the rights a criminal defendant has under the 5th and 6th Amendments. They did this to protect unrepresented defendants making their first appearance from Judge Fields.

If you are taken into custody in Harris County and aren't bailed out immediately you will probably find yourself standing in a room staring at a video monitor as a magistrate informs you that it would be best if you kept your damn mouth shut. He then asks if you want to plead guilty. If not, a plea of not guilty is entered and you are returned to your holding cell until you bond out or until you are moved to a pod.

For those who get bonded out earlier they are released from the jail and handed a piece of paper telling them when and where they need to appear. At that first appearance in court they are called up to the bench and the judge tells them it would be best if they would keep their damn mouths shut. If they've bonded out it's assumed that they are pleading not guilty.

Unlike what you see on television or in the movies. There is no dramatic scene where a defendant is brought into a courtroom with an attorney to enter a not guilty plea and argue over the amount of bond required to get out of jail. You see, we have a bond schedule in Harris County that takes the guesswork right out of the entire process. There's no need to talk about mitigating circumstances or a defendant's clean record or ability to pay, all a magistrate has to do is look down the list and set bail.

But then we come to the 11th floor of the Harris County Criminal (In)justice Center and the courtroom for County Criminal Court at Law No. 14. That's where the rules we follow in the normal world don't apply. It can be like stepping out into another world.

This is a court in which every defendant charged with driving while intoxicated will be ordered to install an ignition interlock device on their car -- even the one who blew 0.0 who was suspected of having smoked marijuana. Let's just forget about the fact that the interlock device can't detect THC in a person's breath. But, dammit, if he was charged with DWI we're going with the interlock anyway. And heaven help the poor soul who "tripped the wire" because he had used mouthwash just before starting his car. If anything bad comes back on that report he's going to jail overnight to teach him the lesson that neither the state nor its devices are ever wrong.

Step into the courtroom and you will see Judge Fields call up all the defendants making their first appearances who bonded out and who haven't hired attorneys. And then, without letting the people in front of him know they have the right to remain silent and the right to consult with counsel, he asks them how they wish to plead. Right there. No one is provided with any information about the consequences of pleading guilty and no one is warned of the potential collateral consequences of such a plea.

And once it's entered, it's final. No turning back. No changing your mind.

A judge isn't part of the prosecution's team. A judge is supposed to a be a neutral and unbiased referee who's sole job is to make certain that a defendant's due process rights are protected and that both sides follow the rules of evidence and procedure during the course of the proceedings. Whether a person pleads guilty or not is of no concern to the judge - at least it shouldn't be. In Texas we are all guaranteed the right to a jury trial in a criminal matter. Defendants and their attorneys shouldn't have to fight the judge to exercise that right.

The entire criminal (in)justice system in Harris County is designed to coerce defendants into pleading guilty. Whether it's excessive bail or bond conditions; or whether it's judges who want to prevent folks from exercising their right to a jury trial; the game is the same.

Judge Fields isn't the only one playing this game. But he was certainly the most egregious this time around.

Come gather 'round and read the Declaration

If you are in Houston this morning, the Harris County Criminal Lawyers Association would like to invite you to our 4th Annual reading of the Declaration of Independence outside the Harris County Criminal (In)justice Center at 11:30 a.m.

What was once just a vision dancing around inside the head of my colleague Robert Fickman has now become a yearly tradition - not only in Houston, but at courthouses around the state and the country.

So come out and listen to the words of Thomas Jefferson and reflect upon the stand those brave men who signed the document took during the summer of 1776.

Happy Fourth!

Here are some scenes from this year's reading of the Declaration of Independence outside the Harris County Criminal (In)justice Center. A special thanks to HCCLA President Chris Tritico, former HCCLA President Robert Fickman and everyone else involved in putting this incredible performance together.





Today's reading in Houston was one of dozens that took place across the country this morning. Attorneys in 13 states read the Declaration of Independence on their courthouse steps in a moving tribute to what we fight for on a daily basis.

HCCLA President Chris Tritico opens the ceremonies.

Some of the lawyers lined up to read their parts.

Robb Fickman, the man behind the tradition reads from the Declaration. 

Lawyers read the Declaration in front of the courthouse in the wild west Texas town of San Angelo and in Corsicana (just a bit south of Dallas). Out in Tyler (in East Texas), 13 lawyers read the nation's founding document in front of a crowd of about 100 people plus local television cameras. Interestingly enough, no one from the Smith County judiciary or district attorney's office was able to make an appearance.

Lawyers also read on the courthouse steps in Longview, Nacogdoches and Paris.

See also:

"Lawyers commemorate July 4 holiday with courthouse readings of Declaration of Independence," ABA Journal (July 3, 2012)

"Houston attorneys pay homage to Declaration of Independence," Houston Chronicle (July 3, 2012)

"Defense attorneys recite Declaration of Independence," KTRK-13 (July 3, 2012)

Celebrating the Fourth

Y'all are invited to come and see members of the Harris County Criminal Lawyers Association read the Declaration of Independence outside the Harris County Criminal (In)justice Center at 11:30 a.m. by the flagpoles near the intersection of Franklin and San Jacinto.


This will be the third year HCCLA has celebrated our nation's birthday reading from the Declaration. Thanks to the tireless efforts of Robert Fickman this is an event that has spread not only across the State of Texas (thanks to the Texas Criminal Defense Lawyers Association), but also across the nation.


Come and celebrate the Fourth with the defenders of liberty.

Standing on the shoulders of giants

"We just wanted to tell our wives we were at a meeting when we were out drinking." -- Richard "Racehorse" Haynes, as told to Chris Tritico

Last Thursday the Harris County Criminal Lawyers Association honored its five surviving founding fathers. Back on November 4, 1970, a group of defense attorneys got together and decided it made sense for the defense bar to work together. From those humble beginnings HCCLA has grown to over 600 members.

The five men, Richard "Racehorse" Haynes, Dick DeGuerin, Jerry Patchen, Don Smith and Theodore Trigg were honored by the current membership and members of the local judiciary for laying the foundation for today's HCCLA.

When asked what it meant to be a defense attorney, Jerry Patchen said we are the last refuge for the accused and the guardians of freedom. He said it is our duty to stand in "eternal opposition" to the government.

Don Smith, well known for his wild ties, told the audience that he was proud of what the organization had become.

Theodore Trigg, who was obviously humbled by the ceremony, said as a defense attorney you must always be there for your client and that we have a license to help people.

Racehorse Haynes wasn't able to attend due to a broken hip he had suffered the night before. But Chris Tritico told us that Mr. Haynes always said our duty is to stand up for those people.

A special thanks is owed to Earl Musick, the current president of HCCLA, for putting the ceremony together. Well played, Earl.

A salute to fallen warriors

The Harris County Criminal Lawyers Association will honor its fallen warriors this morning at 11:00 a.m. in the Trial Ready Room on the 7th floor of the Harris County Criminal (In)justice Center.

The Honorable Michael T. McSpadden, the presiding judge of the 209th Judicial District Court will speak and past HCCLA President Robb Fickman will read the names being added to the plaque.

Here are the names of those who will be honored for fighting to defend the Constitution and the rights of the accused:

Frank Alvarez, Jr.

Frank Briscoe

Charles C. Cates

John R. Coe

John L. Denninger

Thomas Barker "Tody" Dupont

Rosemary Garza

William Hatten

Marguerite Hudig

Phil Jenkins

Stuart Kinard

Benjamin Levy

Miron Love

Robert Most

Joe Roach, Jr.

Jose Rojo

Felix Salazar

Don Shipley

Robert J. Sussman

Bob Tarrant

David A. Wills

In case of emergency...

Following the untimely death of Marguerite Hudig a couple of weeks ago, my colleagues and fellow HCCLA members, Mark Bennett and Murray Newman decided to create a special "In Case of Emergency" listing for all attorneys who practice in Harris County.

If you practice in Harris County, whether or not you're a member of HCCLA, you can enter your emergency contact information so that, if something were to happen, someone would know how to contact you to check up on your welfare.

The information will not be shared with anyone and can only be accessed by a member of the HCCLA Board of Directors.

Here is the link for more information:

Excellent work, Mark and Murray.

We hold these truths to be self-evident...

Here's a special shout-out to the folks who showed up at the Harris County Criminal (In)justice Center this morning for the reading of the Declaration of Independence. We had over 100 HCCLA members, attorneys and others in attendance for the reading.

Here are a few crowd shots...

Celebrating the Declaration of Independence

Join HCCLA for a live reading of the Declaration of Independence on Friday, July 1, 2011 at 11am outside the doors of the Harris County Criminal (In)justice Center at 1201 Franklin Street.

Robb Fickman (aka The Czar) organized a live reading last year and new TCDLA President Gary Trichter has asked defense attorneys across the state to conduct live readings at the courthouse this year.

Come join HCCLA for the continuation of a new tradition.

Reasonable Doubt, 2/17/2011

Tonight I'll be a guest on Reasonable Doubt on public access television (Houston Media Source) in Houston. The show is sponsored by the Harris County Criminal Lawyers Association and is hosted by Todd Dupont. We'll be talking about police brutality and the town hall meeting on police brutality held earlier this week.

Reasonable Doubt is on Channel 17 on Comcast in Houston. The show airs at 8pm. You can stream the show at http://hmstv.org/streaming.htm.

Making sausage

In the past week both Mark Bennett and I have written about the op/ed piece written by HCCLA Vice President Chris Tritico regarding the release of the videotape showing officers with the Houston Police Department beating a teenager lying on the ground.

In his piece, Mr. Bennett alluded to the fact that members of HCCLA's Executive Board are defending some of the officers accused of beating Chad Holley. Mr. Bennett seemed to be implying that there was a conflict of interest in the decision to submit the op/ed piece and that members of the Executive Board were using HCCLA to promote their own agenda.

But the lawyer for one of the police officers shown on the video is HCCLA’s President, and HCCLA’s President-Elect and Immediate Past President have a contract to defend police officers against criminal charges. So they pick whatever is behind door C.

I must admit that the same thought crossed my mind when I read Mr. Tritico's op/ed piece.

I can tell you that Mr. Bennett is barking up the wrong tree in this instance.

I'm a member of the board of directors of HCCLA - but I am not a member of the Executive Board, so I wasn't privy to the goings-on behind the curtain last weekend.

Here's what happened. A member of the board approached the Executive Board and suggested that HCCLA should take advantage of the release of the video and issue a statement indicating our opposition to police brutality. The members of the Executive Board discussed the matter and when the decision was made to go forward with the op/ed, the members of the Executive Board who were representing officers accused of beating Chad Holley recused themselves from any further discussion. That left Mr. Tritico to write the op/ed piece. With no other members of the Executive Board taking part in the discussion (for unknown reasons), Mr. Tritico wrote the piece and submitted it to the Houston Chronicle without any input from any other member of the organization.

I'm not going to rehash my criticism of the article because I don't think Mr. Tritico had any ulterior motive when he wrote the piece.

The Declaration of Independence comes alive

Yesterday in front of the Harris County Criminal (In)justice Center an intrepid band of raconteurs known as the Harris County Criminal Lawyer's Association regaled an audience that included state district judges the Hon. Shawna Reagin and the Hon. Kevin Fine, with a reading of the Declaration of Independence.

HCCLA President Nicole DeBorde reads from the Declaration of Independence.

Former HCCLA President and monkey-wrench throwing Czar Robb Fickman came up with the idea (maybe after a long night at the Char Bar) to being a new tradition to remind people why we celebrate the Fourth of July. While we're at the beach or cooking out, watching a baseball game or fireworks, most of us have completely lost sight of the significance of what took place in Philadelphia back in 1776 when delegates from the colonies risked their lives by signing their names to the most revolutionary of documents.

This was driven home when a man asked me where he could get a copy of what we were reading. He seemed shocked when I told him it was the Declaration of Independence.

Thank you, Robb, for reminding us why we celebrate the Fourth.

It's the reason for the season

Celebrate the reason behind the Fourth of July on July 1 at 11:00 a.m. outside the Harris County Criminal (In)justice Center as members of the Harris County Criminal Lawyers Association will read from the Declaration of Independence.

It certainly beats celebrating America's birthday by conducting forcible blood draws on American motorists accused by badge-wearing vampires of driving while intoxicated.