State's expert faked intoxilyzer maintenance records

An internal Department of Public Safety investigation has revealed that an unnamed Technical Supervisor faked inspection records of the Intoxi-liar. This criminal act has placed more than 2,600 DWI arrests in the Houston-area in question - and has raised serious doubts about the reliability of the state's alcohol breath testing program.

The person in question is a DPS-contractor and not an employee. The breath machines in question are located at:

• Clute Police Department
• Friendswood Police Department
• Galveston Police Department
• League City Police Department
• Pearland Police Department
• Seabrook Police Department
• South Houston Police Department
• Webster Police Department

Here is a (partial) listing of DPS-contracted technical supervisors in the Houston area :

• Becky Cuculic (Chemco Analysis)
• Vicky Amszi (Lone Star College)
• Amanda Culbertson (H.P.D. Crime Lab)
• Jano Chiu (H.P.D. Crime Lab)
• Dee Wallace (Galveston County)

Of the aforementioned Technical Supervisors, only one, Dee Wallace, maintains the machines located at the police departments cited above.

(I once sent a request to Ms. Wallace for intoxilyzer maintenance and test records and received an invoice for $145 for the 140 records I requested. The most curious thing about the invoice was that I was asked to make the check payable to Boy Scout Troop 1221.)

For years attorneys have advised citizens to REFUSE any request to blow into the state's breath test machine due to inherent problems in the methodology of breath testing. Now here is another reason not to provide a breath specimen.

If you've been arrested for DWI, contact my office. I will fight to restore your name and reputation.

Check out these additional accounts:

• KBMT News (Beaumont)
• Houston Chronicle
• KEYE News (Austin)
• Austin American-Statesman

True lies

Oh what tangled webs we weave... Ashley Todd's story of being attacked and mutilated by an Obama supporter is just the latest that fall under the category of "some black guy..."

At lunch a friend of mine and I discussed her story briefly and he (a rabid republican) found it hard to believe that she might have been making it up.

Now it looks as if Ms. Todd, after confessing that she made up the story, will face charges of filing a false police report.

Ms. Todd is a student at Texas A & M.

Check these other accounts out:

• Wonkette.com
  
• Houston Chronicle
  
• More from The Huffington Post
  
• Blog feed from Wordpress
  

Deterrence and DWI

Doug Berman, the author of the Sentencing Law and Policy blog, has chimed in with his opinion regarding the "leniency" courts have (supposedly) shown convicted drunk drivers. His argument is that repeat offenders should be treated more harshly in an attempt to get them to see the error of their ways.  

Mr. Berman's thesis is based upon the faulty notion that we are all rational beings and subject each and every decision to a cost-benefit analysis.  This is the basis of the concept of deterrence.

Senior Criminal District Judge Larry Gist, of Beaumont, Texas, has a slightly different view of our fellow citizens.  In an October 2007 article in Voice for the Defense (the Texas Criminal Defense Lawyer's Association magazine) he suggests we all fall into one of three categories: NORPS, SLICKS or SLUGS.

NORPS are Normal Ordinary Responsible People (presumably like us) who are generally responsible and are capable of self-correction.  Rehabilitation and deterrence work for NORPS because NORPS are rational (most of the time).  For instance, when a NORP is arrested for DWI his or her eyes are opened wide to the cost (in time, reputation and money) involved in handling a DWI arrest.  Going through the process is enough to convince them not to get behind the wheel impaired in the future.

SLICKS are the folks who think they are smarter than everyone else -- we all know someone who falls into this category.  SLICKS are (generally) incapable or rehabilitating themselves due to their anger and hatred of society.  These are the folks who deserve to be hanging out in the "Grey Bar Hilton."  SLICKS are incapable of rational thought and deterrence doesn't work for them.

SLUGS get into trouble because they commit stupid, impulsive and poorly-planned crimes. SLUGS seek out attention.  SLUGS never accept responsibility for their actions and don't really care if they are incarcerated (three full meals a day and a bed to sleep in) or rescued by a "do-gooder" who take over his problems.  SLUGS don't respond to deterrents.

Mr. Berman's idea seems to be to raise the cost of committing a DWI to such a level that the cost far outweighs the pleasure/benefit derived from driving drunk.  The problem is that most folks who pick up multiple DWI's aren't NORPS and don't think rationally when making decisions. Therefore, upping the penalties won't cause them to curb their behavior.

Feedback on the Troy Anthony Davis case

Since I wrote on the US Supreme Court's decision not to hear Mr. Davis' appeal in his murder case I have read some very interesting posts regarding the case.  The first comes from Atlanta, GA attorney Jonathan Ginsberg.  The second comes from Deirdre O'Conner of Innocence Matters, who maintains a website about the Davis case.

Both postings are well-reasoned and bring into sharp contrast the forces that converge when debating the death penalty.

Austin to implement a cite and release policy

Some time ago I wrote about why the police should issue citations with a promise to appear (cite and release) for some minor offenses.  According to this article from the Austin American-Statesman, the Austin Police Department will begin implementing just such a plan.  Under the proposal, officers would cite and release citizens accused of driving on a suspended license, possession of less than 4 ounces of marijuana; and criminal mischief, graffiti and theft charges when the damage is less than $500.  

I would let you know how the candidates for Harris County District Attorney stand on the issue, but neither has elected to provide answers to my questions.

See also:

• Grits' take
  
• The Austin Chronicle's take
  
• CLEAT's take

Harmless error?

Apparently a visiting judge in a Galveston County misdemeanor court is a little bit confused about the rights the 5th and 6th Amendments are designed to protect.  In Galveston County, on the appearance docket, a citizen accused is given three options: (1) speak to the prosecutor about his case, (2) request time to hire an attorney or (3) request that the court appoint him an attorney.

On a recent appearance docket, the visiting judge (allegedly) told those citizens asking for an appointed attorney that they would have to sign a waiver of their right to remain silent and discuss their cases with the prosecutor before he would allow them to complete an affidavit of indigency!

As there was no court reporter present no record was made of the violations of those citizens' 5th Amendment right not to incriminate themselves and their 6th Amendment right to counsel.  Would it surprise anyone if the Court of Affirms deemed it "harmless error?"

Update on Judge Edward Nottingham

It looks like U.S. District Judge Edward Nottingham's days on the bench are coming to an end. The latest relevations come from a prostitute filed an ethics complaint against the judge alleging he asked her to lie about paying her for sex.

Some quick hits for a Thursday afternoon

Houston's own Katherine Scardino posted this entry on Women in Crime Ink regarding a confession actually being tossed out by a Federal Appellate Court.

Dallas County is hoping that humiliation will persuade people to pay overdue fines and fees from Class C misdemeanor cases.  Here's Grits' take...

Congratulations to Danalynn Recer of the Gulf Region Advocacy Center (GRACE) who was named by the Houston Press as the Best Criminal Defense Attorney in their annual Best of Houston issue.

In an earlier posting I told you why you shouldn't tell an officer how much you've had to drink, now, courtesy of New Hampshire DWI attorney Mark Stevens, here's something to think about if you've been taking prescription medications.

Finally, in you're confined to a wheelchair in Georgia you might think twice about that drink.

It's not cruel or unusual to execute an innocent man

Yesterday the U.S. Supreme Court decided that it is okay for a state to execute a citizen who has a strong claim of innocence.  

Troy Anthony Davis of Georgia was sentenced to death for the 1999 murder of a Savannah, GA police officer.  In the meantime, all but two of the prosecution's witnesses who linked Mr. Davis to the murder have recanted their testimony claiming that they were coerced by the police.  Five newly discovered witnesses have identified an individual other than Mr. Davis as the murderer.

Mr. Davis' attorneys sought a ruling that, under the Eighth Amendment, it is cruel and unusual to execute a man who has a strong claim of innocence.

The Court denied review without comment.  The Court's denial lifts the stay of execution and frees Georgia to murder Mr. Davis.

Once again the Court has sacrificed substance for form.  Must I point out again that just because a citizen was given a fair trial doesn't mean that the verdict is correct?  When it comes to deciding whether or not a fellow citizen's life is to be taken away by the state, the very least we can do is make certain that the state is killing the right person.

See also:

1. Opinion of Georgia Supreme Court

2. Petition for Writ of Certiorari

3. State of Georgia's Brief in Opposition

Judge not lest you be judged

U.S. District Judge Samuel Kent is not the only federal jurist in hot water for misbehavior. While Judge Kent's alleged misconduct has resulted in an indictment for federal sex crimes, his colleagues' misconduct has yet to result in any criminal investigations.


Thomas Porteous, a U.S. District Judge in New Orleans, is facing a possible impeachment over allegations he perjured himself regarding a bankruptcy filing and accepted gifts and money. He has been suspended from the bench. Judge Porteous filed for bankruptcy under a false name and attempted to hide evidence of his gambling losses. Porteous escaped criminal sanction as a result of the immunity he was granted as part of the disciplinary process.


Edward Nottingham, a U.S. District Judge from Denver, is being investigated due to his hobbies of going to topless clubs and frequenting escort services. Judge Nottingham has defended himself by blaming his problems on his own weaknesses. Funny, but that never seems to matter to the prosecutors at the Harris County (In)justice Center.

Manuel Real, a U.S. District Judge from Los Angeles, is in hot water as a result of his failing to provide reasons for his legal decisions -- admittedly a very important part of what a judge is supposed to do.


Finally, Alex Kozinski, a Federal Appellate Judge for the 9th Circuit, decided that putting sexually explicit material on his personal website was a good idea. I guess he never saw the commercial warning teenage girls not to post photos on the internet they wouldn't want their parents to see. Judge Kozinski requested that the investigation be conducted by another circuit.



All five judges are still being paid -- and will continue to be paid, as per the U.S. Constitution, until such time as they resign or are removed from office. Nice work if you can get it.

A couple of quick hits

So, Justice Scalia thinks the time for the exclusionary rule has passed because the police are more professional now than they were "in the day?" Isn't that a better argument for the continuation, not elimination, of the rule?

Today I gave a presentation on voir dire to the Houston Municipal Justice Bar Association. It was the first time I've made a presentation to my peers. After I got over my initial nervousness, my talk went well. I figure if I can be comfortable talking to a room full of lawyers that talking to a jury panel will be that much easier.

Another knee-jerk reaction

According to the Houston Chronicle, the Texas Department of Public Safety has decided that, as of October 1, 2008, an applicant for a Texas driver's license must show they are in the United States legally before they can obtain or renew their license.  Gov. Rick Perry applauded the new directive:

"Texas is a great place to live and work, and while we welcome legally documented individuals to the Lone Star State, we must ensure that this privilege is not abused by those seeking to enter our country illegally."

However, Jim Harrington of the Texas Civil Rights Project, pointed out the obvious flaw:

"People have to drive to get to work.  You want people to get (auto) insurance.  They can't get insurance if they don't have a driver's license."

Requiring proof of citizenship is not going to discourage people entering the United States illegally, it will just increase the number of drivers on Texas highways without driver's licenses and insurance.

What we can learn from twelve mighty orphans

I just got finished reading Twelve Mighty Orphans by Jim Dent which was a birthday present from my brother-in-law and his wife. The book focuses on the coach, Rusty Russell, and the boys who made up the football team for the Masonic Home in Fort Worth in the 1930's and 40's.

The Masonic Home was an orphanage for children whose father's had been in the Masonic Lodge. A number of students were sent to the home after their fathers died -- and their mothers couldn't afford to raise them.


Russell had been a coach at Temple High School, a football power, until he decided to give it all up to create a football program at the Masonic Home. He never had more than twelve players, suited in hand-me-down uniforms, for the varsity team at any time. He drove the team to their away games in an old flatbed truck that was always on the verge of giving out.


But Russell and his band of orphans soon ruled Texas high school football. Despite being outweighed and outmanned every week they won a state co-championship in 1932 and advanced deep into the playoffs several other times in the 1930's.


The book climaxes with the Masonic Home playing powerhouse Amarillo in the state semifinals in 1940. Unlike fairy tales, the Mighty Mites quest for a state title died just a couple of feet short of the goal line.


The Mighty Mites were the darlings of Texans during the years of the Great Depression. They defied the odds for almost a decade and were everyone's favorite underdogs.


Why am I writing about this book? Because I think it goes to the heart of what we, as criminal defense lawyers, do. We are the underdog. We have to scrape and claw everyday in that courtroom and we have to fight for every inch at trial.


Coach Russell was successful because he believed in his players and refused to accept anything but their best effort. We must believe in our clients' causes -- those precious constitutional rights that our opponents label as "technicalities." We must never be satisfied with anything less than our best effort.

An open request to the candidates for Harris County District Attorney

Dear Mr. Bradford and Ms. Lykos,

 

My name is Paul B. Kennedy.  I am a criminal defense attorney in Houston, Texas and I publish the blog "The Defense Rests" (http://kennedy-law.blogspot.com).

 

I am offering both of your campaigns the opportunity to answer a series of questions that will run (unedited and unabridged) in my blog prior to the election.  Your responses will run without any editorial comment, as my sole intention is to allow you to speak directly to the voters. 

 

Here are the questions:

 

1. What is your position on releasing minor offenders on personal bonds with a promise to appear in court on a specific date?

 

2. As District Attorney, how would you propose we handle minor drug possession cases?  Specifically, how would your administration handle the issues of overcrowding in the Harris County Jail and the recidivism rate of drug offenders?

 

3. What would your administration do to ensure that Brady material is disclosed to defense counsel in a timely manner?

 

4. What is your position on the creation of a public defender's office in Harris County?  What changes, if any, would you like to see made to the existing appointment system?

 

5. Why should you get my vote (in 100 words or less)?

I look forward to hearing from both of your campaigns and, should you have any questions, please don't hesitate to contact me at the number listed below.

 

Paul B. Kennedy,
Attorney at Law
800 Bering, Suite 208
Houston, Texas 77057
Tel (832) 606-9432
Fax (866) 587-2584

http://kennedy-law.biz
http://kennedy-law.blogspot.com

Coaching and communicating

I can't help but think that coaching a U6 (under 6-year old) soccer team has to have some benefit when it comes to communicating with a jury.  In both cases we are taking people out of their normal routine and dropping them off in unfamiliar territory.

In the case of the kids, they may have seen older siblings playing soccer and know that it involves kicking a ball, but they don't know the skills involved or the importance of playing together as a team.  As far as jurors go, most of what they think they know about trials comes from movies and television - which may or may not bear any resemblance to what we see at the courthouse on a daily basis.

Now, just like the kids, adults in for jury duty have to learn how to work together as a panel. They have to learn the dynamics of the panel and of the room in general.  They have to learn the rules of conduct.  They have to adjust to a (completely) different mode of thinking.

Kids have to learn how to kick the ball properly.  They have to learn how to dribble, how to pass, how to stop the ball and how to shoot.  They have to learn that success is achieved when all of the pieces work together and for a common goal.  Most importantly, they have to learn to trust their coach.

And how does a coach earn the trust of his young charges?  By talking with them, not at them. By using words the kids can understand.  By being understanding.  By observing how different kids learn in different ways.  By knowing which kids need words of encouragement, a high five or a hug.  By being patient and realizing that kids move at different speeds.  By communicating with the kids' parents.  By understanding that the game should be fun and that the kids should look forward to practice and games.  By recognizing the dynamics of the group and the relationships among the players.

At trial our mission must be to earn the trust of the jury panel.  If the jury panel doesn't trust you, it won't matter how logical and reasonable your argument is -- they won't accept it.  If, on the other hand, the panel trusts the attorney, they may be willing to bend over backwards to help him out.  They may be more willing to give your client the benefit of the doubt.

While there's not a direct relation between coaching youth soccer and communicating with a jury, it is a good analogy and a different way of thinking about how best to serve our clients.

Non sequitur

I have no idea what the message means or why it was on the sidewalk but I saw it on my way to the Harris County Jail on Friday and was intrigued.

The truth about the statutory warning

If you've been arrested for DWI a cop read you a statutory warning informing you of your rights under Texas' implied consent law.  The document you were handed was the DIC-24.  The form indicates whether the officer asked for a breath or blood sample and whether you provided the sample or refused.  The form also notes if you refused to sign after declining to provide a sample.

The DIC-24 begins by informing you that you are under arrest for driving while intoxicated.  So much for that lie that the officer will release you if you blow under a .08.  In reality, should your alcohol concentration be below the legal limit either (1) the cops will call in a drug recognition "expert" to determine if you are under the influence of any prescription drug, non-prescription drug or illegal drug; or (2) the state will argue that you were over the limit at the time of driving through a process called retrograde extrapolation.

A common theme in breath test refusal cases is that the mere refusal of the citizen accused to provide a breath sample is evidence of his guilt.  Not according to the DIC-24.  Per the statutory warning, a refusal may be admissible at trial.  The citizen accused's refusal is just one more piece of evidence at trial -- and I argue that it's evidence my client wasn't intoxicated since it showed that he or she was aware that their cooperation with the police only got them deeper in the mire.

  

In short, if you're being offered a breath test you are already under arrest and by blowing in the state's breath machine you are handing the state evidence to use against you.

If you've been arrested for DWI, contact my office now with any questions you may have.

Another attempt to microblog

I am set to try a DWI case on October 1, 2008.  My client was involved in an accident with a motorcyclist and was subsequently arrested for DWI. I will be blogging updates during breaks in the trial on Twitter.  You can follow the trial by scrolling down to Twitter Updates on the right side of the blog.

Ten things you need to know about DWI

1.    You have the right to refuse to perform 
roadside sobriety tests.

2.    You have the right to refuse the breath test.

3.    You have the right to an independent blood 
test within 2 hours of taking a breath test.

4.    You have the right not to answer any 
questions.

5.    If you are arrested for DWI, you have 15 days 
to appeal the suspension of your Texas 
Driver's License.

6.    If the roadside sobriety tests are not 
administered in strict compliance with NHTSA 
guidelines, the validity of the test results is 
compromised.

7.    The police officer administering the breath test 
has no knowledge of the (pseudo)scientific 
principles behind the breath test machine.

8.    It may take up to 2 hours for the alcohol you 
consumed to make its way into your 
bloodstream.

9.    If the police didn't have a valid reason to stop 
you, all evidence gathered after the stop may 
be inadmissible in court.

10.  You need an experienced DWI attorney who 
knows the law and who knows the tests, to 
represent you.

Have you been drinking?

I'm asked all the time whether someone should tell the truth if a cop asks them how much they had to drink.  My answer is always the same -- you're in trouble no matter how you answer it. It's a trick question.  The officer might as well ask you when you stopped kicking your dog.  By the time an officer asks you how much you had to drink, he's already made up his mind that you've been drinking.  He's now in the process of gathering evidence to use against you.

If you tell him that you haven't been drinking (he's already smelled the odor of an alcoholic beverage), he knows you're lying.  You can give him the standard answer of a couple of beers (regardless of how much you drank) which he will note as an admission of drinking.  Finally, if you give him an honest answer the DA and the cop will focus on the amount you admitted to drinking -- not over how long a period or what you had to eat during that time.

The only correct answer is to refuse to answer any questions until you're able to speak to an attorney.  

If you find yourself charged with DWI, call my office so we can start working to save your driver's license.

A couple of random thoughts

The Detroit Police Crime Lab has been shuttered after the Michigan State Police exposed serious problems with the firearms lab.  Detroit's lab is not the first to be shut down and won't be the last. The fundamental problems facing police-sponsored crime labs are the same from city to city and state to state.  These crime labs aren't meant to carry out fact-finding missions; as arms of the police department, the role of these labs is to produce evidence that can be used to convict citizens for criminal acts.  As such, once a suspect is in custody there is pressure to produce evidence that will lead to his conviction.  This means that any uncertainties that might result from the analysis are not resolved in the accused's favor.  Could this be why when a third party conducts an audit the error rates in police-sponsored crime labs fall outside the norm of acceptable lab work?

This past week the Harris County Commissioner's Court met to discuss a proposed public defender office in Harris County.  Complaints about the expense of the current appointment system and favoritism are being used as justification for the office.  However, the public defender office would be under the control of Commissioner's Court which means the attorneys working in the office would be serving two masters: their clients, the defendants, and the State - the same State that would be trying to restrict the freedom and liberty of their clients.  The State can, thus, pressure public defenders to plead out their cases by threatening to reduce funding and increase case loads.  The better option may be to create an Office of Indigent Defense and have that office manage a wheel system that assigns attorneys randomly to represent those citizens who the courts determine are indigent.  This would, at least, take the power to appoint attorneys out of the hands of the judges.

Calling their bluff

If you followed my blogging on Twitter this morning, you know that I was set for trial in a domestic assault case in Harris County. Due to the large number of people still without power, no jury panels are being called this week.

Ordinarily that would be a good thing -- pushing judgment day off another month or so is always good for the client. However, in this case my client was being held on a "blue" warrant as he was on parole, and we wanted to resolve this matter as quickly as possible.

I knew that the state had yet to serve a subpoena on the reluctant complaining witness who had already completed an affidavit of non-prosecution and had told the DA's office she did not wish to see my client prosecuted for the alleged assault.

We decided to call the prosecutor's bluff. When the judge called the trial docket I announced ready. The judge asked me to approach and he told me there were no jury panels being called. I informed the judge that we were ready to try the case to the bench.

When the prosecutor arrived he told me he didn't know when we would actually try the case because he didn't believe that panels would be called next week. I told him we were ready to proceed with a bench trial at which point he told me he had a right to a jury trial and wanted to try it before a jury.

Then I told him that not only was his complaining witness not cooperating with the investigation but that his office had failed to serve her with a subpoena. He insisted they had. Having spoken with the complaining witness on Monday, I knew she hadn't been served.

The prosecutor went to speak with his investigator. Ten minutes later he returned and told me he was dumping the case.

This case was won because we called the prosecutor's bluff and didn't reveal our hole card until the right moment.

The Bush legacy

Last year George W. Bush vetoed a bill increasing spending on health care for the poor by $7 billion because, according to W, we couldn't afford it.

But this year, within the past month, Bush is looking at spending $85 billion to bail out AIG, at least $200 billion to bail out Fannie Mae and Freddie Mac, $29 billion to bail out Bear Stearns and upwards of $700 billion for a bailout of securities backed by bad debt.

Treasury Secretary Henry Paulson, who two weeks ago stated that the economic crisis was under control, is asking Congress to appropriate the money immediately rather than debate the merits of the plan.  Under his watch the crisis boiled over into a complete meltdown, yet he wants to exercise complete control over the kitty.

The mortgage industry sold the public on adjustable rate teaser mortgages, interest-only mortgages, second mortgages to pay the down payment and home-equity lines of credit. Investors bought bonds secured by these debts -- fully aware of the risks involved.  And now the Bush administration is coming to their aid -- while it has ignored calls from the working poor to raise the minimum wage, make health insurance affordable, improve our schools and make the dream of home ownership a reality for more Americans.

We are witnessing the largest transfer of wealth from the poor to the wealthy that has ever been seen in the history of the world.  That's what compassionate conservatism is all about -- bailing out your campaign contributors and country club friends.

Math, DWI style

Just how precise is that breath machine at the police station?  That's the question you should ask yourself before you agree to provide a breath sample should you be arrested for suspicion of DWI.

According to the Texas DWI statute, a person is considered intoxicated if his alcohol concentration is .08 or higher.  The state has dictated that if a person has .08 grams or more of alcohol per 210 liters of breath, that person is per se intoxicated.

The state's breath test machine does not measure 210 liters of breath.  The machine measures about 81 cubic centimeters of a person's breath in a sample chamber that's about 11 inches long and 1/2 inch in diameter (about one-third the size of a coke can).  210 liters, on the other hand, is about 55 gallons -- the size of a used oil barrel or a nice smoker.

A packet of sugar at a restaurant contains one gram.  To get an idea of what the law defines as an illegal alcohol concentration, pour 1/12 of that packet of sugar into a 55 gallon drum filled with water.

By the way, average total lung capacity is 5.8 liters.

Since we are in Texas and use ounces, one ounce is equal to a little more than 28 grams.

It would take approximately 2500 sample chambers from the state's breath test machine to equal 210 liters.

So, to determine how much alcohol is being measured in the sample chamber for a person who blows a .08, we take .08 grams and divide by 28.  That gives us .0028 ounces of alcohol.  Then we divide that by 2500 to determine how much alcohol is in the sample chamber.  The answer is .000001.  That's 1/one-millionth of an ounce of alcohol.

If you believe that the state's breath test machine is capable of making such a precise measurement, consider this -- the machine is serviced no more than once a month, the state's technical supervisor conducts a visual inspection of the sample chamber and the machine is kept (usually) in a beat-up wooden cabinet in an unsterile environment.

You have the right to refuse to submit to a breath test.  It's in your best interest to exercise that right.

If you've been charged with driving while intoxicated, contact my office and remember -- don't blow it!

Harris County's lack of humanity

Harris County had the opportunity to do the right thing this week for its citizens accused of violating the law. While the Harris County Criminal (In)Justice Center was closed on Monday and Tuesday and all court appearances were automatically reset, there was no such empathy the reset of the week.

Half the county is still living without electricity due to Ike and are forced to stand in line for water, ice and food. Children are unable to go to school and many of our fellow citizens are unable to work. Gasoline has become a precious commodity. Given these circumstances, the decent thing would have been to reset all cases this week so that all of us (don't forget we are ALL presumed innocent) can get our lives under control.

But what did Harris County decide to do? The county decided that everyone out on bond with a court setting on Wednesday, today or tomorrow, had to appear in court. Our fellow citizens were forced to use precious fuel and time that could best be used to support their families so that they could sit in a courthouse.

You can find out a lot about the character of a person by watching how they deal with a crisis. You can also find out a lot about the lack of character of people by watching how they deal with a crisis.

On this note the people in charge of the criminal (in)justice systems in Harris and Galveston Counties showed their lack of character.