Bad ideas (still) never die

Douglas Berman at Sentencing Law and Policy uncovered this article in the Fort Worth Star-Telegram detailing the Tarrant County District Attorney's plan to humiliate those motorists arrested for driving while intoxicated over the New Year's weekend.

Since DA Joe Shannon is into recycling (bad) old ideas from other parts of the state - I thought I would recycle a post I wrote back in December 2009 after the Montgomery County DA's Office thought it would be a terrific idea to post the names of those arrested for driving while intoxicated on Twitter.

When will these clowns grasp the concept that a person is presumed innocent unless the state can prove each and every element of the criminal offense beyond all reasonable doubt? It really isn't that hard to get it.

Here's the updated post. Have a safe holiday weekend and remember that the easiest way to avoid a DWI this weekend is not to drive if you've been drinking.

The Montgomery Tarrant County District Attorney's Office has found a new way to humiliate those unfortunate motorists who have been arrested on suspicion of driving while intoxicated -- they are posting their names on Twitter the DA's website.

Assistant District Attorney Warren Diepraam Joe Shannon said believes that the public humiliation should act as a deterrent to others who might get behind the wheel after drinking.

Nevermind that being arrested is a very different thing than being convicted and that a person who's been arrested is still innocent unless proven guilty. And of course the police never make wrongful arrests. And of all people, Montgomery County DA Brett Ligon should know better -- after all, he used to be a criminal defense attorney. 

My question is should the DA dismiss a case against a motorist or should a motorist be acquitted by a jury of his peers, will Mr. Diepraam Shannon offer a public apology on Twitter the DA's website as well? Even more important, will a person filing for an expunction in Montgomery Tarrant County need to serve Twitter the ISP hosting the DA's website and other social networking sites, or will the judge sign an order requiring the DA's Office to notify those sites to remove all reference to the arrest of that individual?

All in the name of judicial economy

Former State District Judge Robert Gill had a novel method of moving his docket along. In a 14-year period, Gill handled almost 8,000 probation revocations. His method? As he would say, cutting out the middleman.

And who was the middleman? The prosecutor from the Tarrant County District Attorney's Office.

Tarrant County criminal defense attorney William Ray testified under oath in federal court that the judge would negotiate his own plea deals and if a defendant rejected the offer he would hear the case and, if the allegations were proven, order a more severe sentence.

Mr. Ray's testimony came in a habeas hearing that resulted in a conviction being vacated due to ineffective assistance that he rendered.

According to the chief of the criminal division in the DA's office, Alan Levy, the district attorney was well aware of how things operated in Judge Gill's court. He said that even though the practice was not the norm in Tarrant County, the case load moved rapidly and "the sentences seemed to fit the offenses." As it turns out, about 60% of probationers brought before Judge Gill had their probations revoked.

Apparently not too many attorneys complained about the practice, least of all Mr. Ray who pocketed over $1.3 million in court appointments over the last five years. Mr. Ray was also Judge Gill's largest campaign contributor in 2004 -- even though Gill was unopposed.

Robert Gill retired from the bench in 2007 and is a deputy chief with the Tarrant County DA's Office.

For fourteen years defense attorneys allowed this to continue. Why? Was it fear of not getting appointments? Was it fear of pissing off the judge? Was it laziness? Or was it pure cowardice?

Injustice continues only because we stand aside and let it. This is how we've always done things. Don't rock the boat. You've got to go along to get along. This injustice only came to light because Sandra Wilson, a defendant with a history of mental problems, stood up and fought.

Tarrant County District Attorney may be removed from death row appeal

The Tarrant County District Attorney's Office is facing the prospect of being removed from the death row appeal of Chelsea Richardson due to allegations of prosecutorial misconduct.

Ms. Richardson was convicted in 2005 of capital murder for the killing of her boyfriend's parents. (Her boyfriend and another man are currently serving life sentences for the murders.)

Allegations have arisen that Mike Parrish, the prosecutor who tried the case, withheld Brady material from Ms. Richardson's attorney and interfered with the attorney-client privilege by obtaining information from a member of Ms. Richardson's attorney's trial team.

Bob Ford, Ms. Richardson's appellate attorney, has alleged that Mr. Parrish failed to turn over a psychological report that was favorable to the defense.

This isn't the first time that Mr. Parrish, who has since left the Tarrant County D.A.'s Office, has been in hot water for alleged misconduct. Back in December the Texas Court of Criminal Appeals reversed the capital murder conviction of Michael Toney because Mr. Parrish failed to turn over at least 14 documents that contained exculpatory evidence. The Attorney General's Office is handling the retrial because the Tarrant County DA recused his office from the matter.

Visiting State District Judge Steven Herod of Eastlands County will notify the attorneys of his ruling later.