Runaway grand jury closes up shop

Yesterday the grand jury investigating the Harris County District Attorney's Office announced that it was not issuing any indictments. The news was greeted with a big yawn by folks around the Criminal (In)justice Center.

The grand jury foreman, Trisha Pollard, said the grand jury didn't find any evidence of a crime but that they were troubled by the actions of the DA's office. They singled out Rachel Palmer for her refusal to answer questions pursuant to her rights under the Fifth Amendment.

Left unsaid is why special prosecutors didn't offer Ms. Palmer immunity in exchange for her testimony. They went so far as to file a motion to compel her testimony that was denied by the judge. They claimed that none of the questions they wanted to ask were incriminating; but when given a choice between having Ms. Palmer answer the questions under a grant of immunity or not asking the questions at all - they chose to keep their mouths shut.

What information did they seek from Ms. Palmer? And if it was so damn important to the investigation that they were more than willing to ignore the Bill of Rights, why didn't they offer her immunity?

Whatever. Now Pat Lykos will stand up and declare victory and the Mike Anderson forces will stare down at their toes. The fact is the investigation is a black eye on Ms. Lykos and her administration. And, no matter how you want to spin it, Ms. Lykos and her office did their best to stonewall the investigation. That also doesn't bode well for a person who has the ethical duty to see that justice is done.

Given the public's notoriously short attention span and the fact that we don't know when the primary will be held, there's a good possibility that most of the folks in Harris County are going to forget all about this little affair before they step into the voting booth.

I'm not so certain that anyone in the DA's Office broke the law in the BATmobile fiasco. Withholding exculpatory evidence is a Brady violation and, at best, could get you a new trial - unless the error was determined to be (wait for it) harmless. There is no monetary or criminal sanction for not turning information over to the defense that the defense doesn't know about.

As such, there was never the possibility of anyone being indicted for not giving up the goods. The only thing that would have bitten someone in the ass was lying under oath to the grand jury.

So, go on, there's nothing to see here.

A demotion

Now, lest anyone think I'm biased with regard to the unmitigated disaster known as the HPD breath alcohol testing van (BAT van) program, I am now giving the Harris County District Attorney's Office a little equal time. 

This is a statement from the DA's Office dated November 8, 2011 addressing concerns raised about the program:

To the citizens of Harris County,

As many of you know, there have been several news stories regarding the Houston Police Department’s Breath Alcohol Testing (BAT) vans, the evidence they provide, the technicians who perform the work and the Harris County District Attorney’s Office (HCDAO). 

A technician, who is a former employee of the HPD crime lab and supervised the BAT van testing, testified on July 27 and 28 that she believed it is possible that the breath tests conducted by the HPD BAT vans could be problematic. 

August 4, representatives of the HCDAO notified the Scientific Director at the Texas Department of Public Safety—the authority that develops rules and regulations and provides training and laboratory support to local, state and federal authorities for breath alcohol testing throughout the state—of her claims. 

August 11, in a meeting between HCDAO and the technician she stated that she could not verify the accuracy of results of an intoxilyzer instrument that had previously experienced overheating in a HPD BAT van. She said that she could not testify to the accuracy of such intoxilyzer results because this issue had never before been scientifically tested.

August 12, the HCDAO issued a Brady Notice to attorneys to inform them of the potentially exculpatory, or mitigating, evidence raised by the technician and to not allow any HPD BAT van cases to be resolved unless the defendant is made aware of the technician’s comments.

Additionally on August 12, the Harris County District Attorney’s Office requested that the Texas Department of Public Safety’s Breath Alcohol Laboratory conduct scientific tests on the HPD BAT van and the intoxilyzer instruments.

August 23, representatives from the Harris County District Attorney’s Office met again with the technician. At this interview the technician said she believed that all breath tests conducted by the HPD BAT vans dating from summer 2009 - present were suspect because she believed HPD BAT vans were an unsuitable testing location. August 24, the HCDAO distributed a second Brady notice to attorneys alerting them to the technician’s comments.

The Texas Department of Public Safety conducted an Ambient Temperature Study on the HPD BAT van and intoxilyzer instruments that addressed the technician’s concerns. Scientists concluded that the HPD BAT van instruments correctly analyzed breath alcohol concentrations .

October 28, a DWI jury trial was held in a County Criminal Court where evidence was presented in open court about the reliability and accuracy of the HPD BAT vans. The defense presented their position on the reliability of the HPD BAT van instruments. After hearing all the evidence, the jury returned a verdict of guilty.

It is our duty to see that justice is done and to protect the lives, property and rights of our citizens. We respect the rule of law and strive to always do the right thing.

The "technician" referred to is Amanda Culbertson, the former technical supervisor in the HPD crime lab. The statement from Ms. Lykos' office is an interesting exercise in the use of language. Ms. Culbertson is a technician, but the DPS personnel who conducted tests on the breath test machines are scientists.

However, prior to Ms. Culbertson's leaving the crime lab, prosecutors delighted in touting Ms. Culbertson's professional qualifications. She was the scientist in charge of maintaining the machines. According to the Texas Department of Public Safety, she was a forensic scientist. Before a breath test result could be entered into evidence, Ms. Culbertson had to testify that the machine was working properly and that it was reliable.

Now that she's raising concerns over the reliability of the testing program she is a mere technician. According  to the Collins English Dictionary, a technician is "a person employed in a laboratory... or scientific establishment to do practical work." In other words, a mere button pusher.

So, in recent weeks we've been told that HPD isn't trustworthy and that the person who maintains the breath test machines is doing "practical" work. Any more gems for us, Ms. Lykos?

I'll have a fifth, please

On Thursday morning, Harris County Assistant District Attorney Rachel Palmer appeared before a grand jury looking into the troubled HPD mobile alcohol testing vans (BATmobiles). Ms. Palmer invoked her Fifth Amendment right to remain silent and refused to answer any questions.

The grand jury then filed a motion to compel with State District Judge Susan Brown. A hearing on that motion was held Thursday afternoon after which Judge Brown announced she would hear from both sides on Monday.

Now why would the ADA invoke her right to remain silent? Don't they like to tell us that an innocent person has nothing to hide? That our client had the opportunity to give his side of the story but chose not to?

And how might her answering questions incriminate her?

Did the Harris County DA's Office know about the problems with the BATmobiles? Did prosecutors provide that information to defense attorneys? Were prosecutors aware they were putting on perjured testimony regarding the reliability of the breath test machines in the vans? Did the DA's Office prosecute motorists knowing that the "evidence" upon which they relied was faulty?

However this shakes out, it's a black eye for Harris County DA Pat Lykos. It doesn't look good when a prosecutor refuses to answer questions from a grand jury investigating the conduct of both the police and the DA's Office.

I just wonder if the DA's Office is so hell bent on prosecuting DWI's that they will violate the law in so doing, what do they do on more serious cases?

See also:

"Your Fifth Amendment at work," Defending People (12/15/11)
"Motion to compel," Life at the Harris County Criminal Justice Center (12/15/11)

Grand jury subpoenas top county officials in DWI probe

Remember that "runaway" grand jury investigating the HPD BATmobiles? Well, they're baaack...

The county judge and two commissioners have been subpoenaed to testify before the grand jury. It is believed that the grand jury is looking into the contract the county entered into with the Texas Department of Public Safety to administer breath test machines in Harris County. The county entered into the contract after Harris County District Attorney Pat Lykos urged county commissioners to dump Lone Star College after former HPD crime lab technical supervisor Amy Culbertson spilled the beans on the malfunctioning breath test machines in HPD's BATmobiles.

First a word for those of y'all not from Texas. The county judge isn't really a judge, he's the head of the county government. The commissioners are the elected representatives who run the county.

Ostensibly, the reason for the change in maintaining the breath test machines was a cost-saving function. The county's contract with the DPS is $330,000 for the first year versus $342,000 with Lone Star College. But there's more to the calculation than that. Remember, DWI is big business in Texas and running the breath test program is no exception. For every DWI conviction obtained without the use of DPS technicians, the state reimburses the county $22. Doesn't sound like a lot on the surface but, between 2008 and 2010, the county was reimbursed $220,000 by the state. Do the math; the DPS contract will cost the county more money in the long run.

The change had nothing to do with saving the county money. The change was retaliation against Lone Star College for hiring Amy Culbertson after she left the Houston Police Department. The change was retaliation against Ms. Culbertson for testifying truthfully about the problems with the BATmobiles.

Ms. Lykos and her minions got caught withholding Brady material from defense attorneys handling DWI cases. Ms. Lykos has blamed Ms. Culbertson and she has blamed HPD for the fiasco. All of that is an attempt to deflect attention away from the actions of the Harris County DA's Office.

Judge calls top prosecutors on the carpet

Oh, what tangled webs we weave...

As you already may know (if you read Murray Newman's blog), two top-ranking prosecutors and two court reporters have been called on the carpet by State District Judge Susan Brown to explain why she shouldn't hold them in contempt of court.

It would appear that transcripts of secret grand jury testimony found there way into the hands of Carl Hobbs and Steve Morris. Mr. Morris is the head of the grand jury division and Mr. Hobbs is, ironically enough, head of the government integrity bureau.

Left unsaid, interestingly enough, is how Judge Brown found out that the Harris County District Attorney's Office had obtained transcripts of grand jury testimony regarding HPD's batmobile fiasco.

Would it surprise anyone if Mr. Hobbs and Mr. Morris are sacrificed by Pat Lykos to the gods of public opinion in an attempt to hold on to her rapidly sinking ship? This is some serious shit Mr. Lykos has stepped in and there doesn't appear to be a tidy way to dispose of it.

13 Undercover first exposed maintenance problems with the BAT vans that could have led to bad test results. The DA now says the breath tests are sound. The grand jury is trying to figure out when did the DA First hear about the problems and did they speak up about it as the law requires.

But then there's the curve ball. According to this story from KTRK-13, the breath tests in question are suddenly valid again. But wait, you ask, wasn't it just last week that Ms. Lykos said she couldn't trust HPD when it came to breath tests conducted in the batmobiles?

What changed? Are we suddenly going to pretend that Amanda Culbertson made it all up? Has Ms. Lykos forgotten the e-mails outlining the problems with the batmobile program? Or is it just a case of her realizing that she opened her mouth without thinking in a desperate attempt to deflect blame for the situation?

Why do I get the impression that what's going to happen on the 6th floor at 1201 Franklin is going to resemble the closing scenes in Casino in which the the crime lords decided that Joe Pesci's character is just a little bit too dangerous to leave alive? Or maybe the sequence in Goodfellas when Robert DeNiro kills off everyone who participated in the airline heist? Or maybe...

You can call it what you will, but it's still illegal

You may remember Ruben Trejo, he's the former HPD sergeant who collided with a school bus on his way to work -- with an alcohol concentration of .176. On Friday, Mr. Trejo pleaded guilty to driving while intoxicated, paid a $500 fine and was placed into the Harris County District Attorney Office's pretrial intervention program (DIVERT).

Trejo, who has retired from the department, was allowed to the Harris County District Attorney's pretrial intervention program in which defendants plead guilty to DWI, but the verdict is deferred for a year. If the defendant completes all the requirements in the program, there is no conviction but the initial arrest remains on record.

What's wrong with this picture, you ask?

When a defendant opts for deferred adjudication in a criminal case, she enters a plea of guilty before the court, the judge then states that he finds enough evidence to find her guilty but that he will withhold a finding of guilt for a period of time (the length of the probation). Once the defendant completes her probation the criminal case will be dismissed and she will be eligible to file a petition for nondisclosure.

The problem is that deferred adjudication is not available for anyone charged with driving while intoxicated in Texas - even though it is available to a person charged with murder. The Houston Chronicle article points out, in plain English, why the DIVERT program is illegal.

Calling it pretrial intervention doesn't change that fact. Once the defendant enters a plea of guilty on a DWI case, there is nothing the judge can do (legally) other than record it as a conviction and sentence accordingly. As soon as the judge states she is deferring a finding of guilt, we're talking about deferred adjudication.

A rat in a trap

As my colleague Murray Newman reported earlier today, four prosecutors with the Harris County District Attorney's Office were subpoenaed to testify before a grand jury today. The grand jury is looking into HPD's Batmobile program.

Well, Pat Lykos is not taking this lying down. First she sent her minions to Judge Brown in the 185th and demanded she tell the grand jurors to let her prosecutors in the room. Judge Brown politely declined. Then she fired off a request to the 14th Court of Appeals to order the grand jurors to let her prosecutors in the room. Again the answer was no.

The topic du jour would appear to be when the DA's office found out there were problems with the Batmobiles and just how many folks were prosecuted using evidence that has since been found to be unreliable.  With that we're no longer just talking about Brady violations and the possibility of a lot of writs, we're also talking about ethics violations.

Prosecutors have a duty to see that justice is done. Prosecuting people with evidence you know is unreliable is not fulfilling one's ethical duties.

It also raises questions about the reliability of breath testing in general. If the police can't maintain their machines in the Batmobiles, what makes you think they're maintaining them at the police station? We know now that these machines are sensitive to temperature and humidity. What else causes them to go haywire? And since the machines run a self-diagnostic check, what guarantee is there that the machines are operating properly.

HAL ran a self-check and determined that he was functioning properly. We all know how well that went.

And then there's this gem...  

Lykos tells us she still doesn't know what went wrong inside that grand jury room last week that nearly led to the arrest of two of her top assistants, despite the fact one of them was in the room with us during the interview. What she does know is that she no longer wants HPD supervising its own DWI vans.

"That's what perturbs me," she said.

Lykos told us Monday she's done trusting HPD to tell her the truth about DWI testing.

"We were never informed there were questions about whether the tests were valid," Lykos said.

What's this? A public pronouncement that the chief prosecuting attorney in the county doesn't trust the biggest police department in the county to run its own breath testing program. If the DA won't trust HPD to be truthful about its breath testing program, why should a jury? If Ms. Lykos said she can't trust them, how can a prosecutor, in good faith, present evidence to a judge or jury regarding a breath test conducted under the auspices of HPD?

Now the only question remaining is whether Ms. Lykos will accept responsibility for what has transpired or whether she will seek out a scapegoat (or two) and leave them hanging in the wind for all the public to see. I know where I'm putting my money.



See also:

"Pat Lykos' star chamber rebels," Life at the Harris County Criminal Justice Center (Oct. 21, 2011)

"The voice of the people," Gamso - For the Defense (Oct. 24, 2011)

Runaway jury

The original purpose of the grand jury was to have a body that could review a case to determine if there was enough evidence to proceed. The grand jury met in secret and if they chose to no-bill a case, no one ever knew the case had ever been considered.

The grand jury's role was to act as a check on the state in its prosecution of citizens accused of breaking the law. Over the years the grand jury has become a de facto rubber stamp for prosecutors. If the District Attorney wanted a case indicted, it was. If he wanted a case to go away because it was too hot a potato, all he had to do was let the grand jury know it was okay to no-bill it.

But someone, in Houston, a grand jury actually decided to take matters into its own hands. The grand jury was convened to consider whether anyone did something untoward regarding HPD's batmobile breath test machines.

You see, Amanda Culbertson kind of embarrassed Pat Lykos and her minions when she pointed out to her superiors in the HPD Crime Lab that the breath test machines in the batmobiles weren't, shall we say, very accurate or reliable. Then, to make matters worse, Ms. Culbertson testified under subpoena in a case and repeated her assertions that the breath tests conducted in the vans weren't all they were cracked up to be.

In the process of conducting its investigation, the grand jurors made it known that prosecutors weren't welcome in the room. Needless to say, this did not go over very well with Ms. Lykos. The DA's office asked the court of appeals to order the grand jurors to let prosecutors into the room but the appellate court thanked Ms. Lykos for playing but that she was not getting into the room - even if she said "pretty please or I'll indict someone's mother."

It stands to reason that the grand jurors are taking a hard look at the conduct of the DA's office in this entire sordid affair. Maybe someone gets indicted. Maybe (probably) not. But, I think it reasonable to assume that the grand jury is not going to indict Ms. Culbertson on some trumped up charge of telling the truth on the witness stand even thought it makes it harder for the state to prosecute motorists for driving while intoxicated.

Ms. Lykos has apparently forgotten that her ethical duty as a prosecutor isn't to coerce pleas or obtain convictions - it is to do justice. And that's even if it means dismissing cases because the machines used by law enforcement can't be relied upon to do what they are supposed to do.



H/T Murray Newman

Isn't it ironic? (Don't you think?)

Sgt. Roy Marquez of the Houston Police Department's Traffic Enforcement Division (the guys in charge of the DWI task force) found himself on the opposite side of the line earlier this week in Pasadena. It seems that Sgt. Marquez ran a red light and ended up rolling his SUV after being struck by another car. It also seems that Sgt. Marquez had had a little bit to drink that night. After he declined the offer to blow into the breath test machine, a search warrant was signed authorizing the state to jab a needle into his arm and draw his blood. A blood test then showed an alcohol concentration of .127.

The most amazing thing about this story is not that a police officer was driving while intoxicated (we've already seen that), but that the blood test results were back within four days. I've got cases in which I can't get the results of fingerprint analysis for weeks or I can't get anyone to run a gun to see if it's been used in a crime -- but the lab can get the sample, catalog it, prep it, run it through the gas chromatograph and deliver the results to the DA in less than four days. Unbelievable.

Enjoy the irony...

The sorcerer's apprentice: HPD version

Somewhere deep inside the HPD fortress at 1201 Travis...

Chief: So, we're looking for someone to take the helm of the DWI task force in Houston. What makes you think you're up for the task?

Candidate: I have experience in investigating high-profile DWI incidents. We had to deal with one involving one of my officers earlier this year - and I think we did a bang up job taking care of it.

Chief: I'm intrigued. Do continue.

Candidate: As you may recall, we had a veteran officer get involved in an accident on his way to work one afternoon. The other vehicle was a school bus. My officers jumped onto it right away. They secured the scene. They preserved evidence by covering up the open alcohol containers with blankets and threatening to arrest anyone who took pictures of the bottles.

Chief: (moving to the edge of his seat) Go on.

Candidate: We cited the bus driver for causing the accident - and then we took our officer back to the station to sober up, I mean, to continue our investigation away from the crowds and cameras and the like.

Chief: Tell me about the investigation.

Candidate: The officer admitted to drinking. It's not like he had a choice, because he did have an odor of alcohol on his breath. But, as you know, Chief, it's not against the law in Texas to have a little drink and then drive.

Chief: What else did y'all do?

Candidate: Reluctantly we drew blood. The test result came back showing an alcohol concentration of over .20. I'm pretty sure there were some issues with that blood draw. Maybe the blood wasn't stored properly. Maybe he was still in the absorption phase at the time of the accident. Maybe there was a problem with the testing equipment. I don't know - but I do know we handled that investigation in the most professional manner possible.

Chief: And you realize that I only reprimanded y'all because the public demanded it. If it was up to me, I'd have handed out commendations for the way your officers handled that case. And, hey, it gave some of the guys a day off to take care of errands or to work extra jobs.

Candidate: Yes, sir.

Chief: You've convinced me that you're the right person for the job. I'm putting you in charge of the DWI task force. If you can handle a case like that one as cleanly and professionally as you did, I think you're more than capable of clearing the road of those drunken civilians.

Of course, nothing like that could ever happen, could it?

HPD officers disciplined for role in cover up

The other shoe fell on Tuesday as seven police officers, including an assistant chief, were disciplined for their role in attempting to cover-up an accident involving an HPD officer whose blood alcohol concentration was more than twice the legal limit.



On April 13, 2011, Houston Police Department Sergeant Ruben Trejo collided with a private school bus while driving to work in the afternoon. A blood test showed Mr. Trejo had an alcohol concentration of .203.

According to accounts, officers covered up open bottles of alcohol in Mr. Trejo's vehicle and threatened to arrest anyone taking pictures of the scene.

This same behavior by non-peace officers would have resulted in criminal charges being filed. But for uniformed police officers attempting to cover up a crime by a fellow officer, the punishment ranges from a slap on the wrist to a day without pay.

I would have posted a copy of the accident report except that HPD accident reports are no longer available for download on Vectra.com.

What a difference 12 hours makes

Looking down from the 11th floor of the Harris County Criminal (In)justice Center.

In case you're not familiar with downtown Houston, the silver car stopped at the stop light and the dark car approaching him are both headed the wrong way on a one-way street. It was 9:00 in the morning and it's doubtful that alcohol was involved. It's far more likely that the driver of the silver car wasn't familiar with the layout of the streets in downtown Houston and didn't notice the one-way sign at the previous intersection. The dark colored car was obviously following the silver car (I say obviously because I was up there watching the events unfold).

And then there's this story from the Houston Chronicle about a mishap involving two HPD cars during a demonstration on their test track Tuesday morning. Five Chinese law enforcement dignitaries (whatever they are) were injured in the accident. Apparently the HPD spokesman couldn't go into further detail about the accident due to security concerns about HPD driving techniques. I'm curious as to whether he was able to tell the media that without a hint of irony in his voice.

Now, had the first incident occurred after dark, it's likely that a roving HPD officer (provided he wasn't crashing his squad car) would see driving the wrong way on a one-way street as a sign of intoxication. Had the second incident occurred with two civilian drivers at night, it could very well turn into a DWI investigation if the officer notices the fateful "strong odor of an alcoholic beverage" on the breath of one of the drivers.

Same event. Different context. One merits a traffic ticket. The other an arrest.

The wreckage of the batmobile

I've written at length about the problems with the Houston Police Department's BATmobiles and I've written about the departure of every technical supervisor from HPD's "Crime Lab." It would appear that our stories have intersected.

Amanda Culbertson, the former technical supervisor for HPD's breath test machines, told a judge on Thursday that she and the others left the city's employ because of their concerns with the BATmobile program. Ms. Culbertson said that she left because she feared retaliation from HPD over her criticism of the program.

According to the Houston Chronicle's Brian Rogers:

[Amanda Culbertson] and others worked to train technicians to keep air conditioning units on to regulate the temperature of the breath machine that measures blood alcohol levels in suspected drunken drivers. She also said an electrical glitch that was never fixed meant the sophisticated measuring machines would reset every time the van's air conditioner was turned on. 

She said she supported the idea of a mobile testing site, but that HPD did not work to maintain the accuracy of the test results. 

"In theory it's a great idea, but it depends on who is in charge of the environmental conditions," Culbertson said.

If Ms. Culbertson's story is true, I would like to know whether the folks charged with DWI who blew into machines in the BATmobiles were informed of her concerns over the accuracy of the test results. The prosecutors, as to be expected, threw up their arms and told the judge they had no knowledge of any of this.

As an aside, the article notes that the attorneys subpoenaed Ms. Culbertson after she finished testifying in another court. Well, that's not exactly true. While the attorneys may have drafted the subpoena, Ms. Culbertson was served by none other than my brother, Dan, who is a private investigator and process server.

And this brings us back to the bigger issue - why are the labs running these tests and maintaining these machines operated by the same folks who are out there arresting motorists for driving while intoxicated? There can be no objectivity in such a setting. What does it say when the person in charge of the machines feels so threatened by her employer that she walks away from her job? If the folks in charge of the crime lab were interested in the quality of the science, why would they ignore the concerns of Ms. Culbertson?

The folks in charge should have been happy that she came to them with her concerns. They should have welcomed the opportunity to correct problems with the program. Instead, because she wouldn't stick to the script, they ran her off.

This is not to absolve Ms. Culbertson from blame, however. If she was aware of the problems back in 2009, why wasn't she testifying that she had grave concerns over the accuracy of breath tests conducted in the BATmobiles? Why wait until she's taken another job as a technical supervisor overlooking machines used in the county?

The mission of science is to discover the truth. Science is misused when it's made to fit the facts of the state's case.

Mayor Parker to voters: "Screw you!"

In response to residents who voted to get rid of red light cameras, Houston Mayor Annise Parker announced that the cameras will being generating citations at 12:01am on Sunday. In doing so, Mayor Parker is giving residents the middle finger because she's more concerned about a contract with an out-of-state vendor than she is with the will of the voters in Houston.

It gets even worse, however. Police Chief Charles McClelland told the Houston Chronicle that the city would put up more cameras in the future. This despite a study showing that intersections with cameras saw an increase in the number of accidents after the cameras were installed.

Here's hoping that voters will remember how the mayor disregarded their decision on red light cameras come November.

Today on candid camera...

I guess sometimes the ol' eyes in the sky work to the benefit of the folks getting arrested.



Angela Horton, who was relieved of her duties as a police officer for the City of Houston, said she regrets hitting a suspect in the face while he was handcuffed. Ms. Horton's attorney said she let her emotions get to her when she slugged the suspect in full view of the camera in a news helicopter. Of course, she also wants us to know that  police officers must make split-second decisions out on the street.

I'm not sure that hitting a defenseless man in the face is one of those decisions.

Now for anyone who doesn't think police officers succumb to high levels of adrenaline following a chase, think again. For anyone who doesn't think that suspects are beaten by police, think again.

Judges, juries and prosecutors don't want to believe that the boys (and girls) in blue ever cross the line in doing their jobs. Judges, juries and prosecutors are wrong. It's just that most of the time it happens off camera. And if there's no video -- no one believes the defendant.

We are trained from a young age to trust the police. And, no matter what anyone on the panel says, jurors are going to give more credibility to the word of a police officer than to your client. We all know it. But we play the charade that something's that been burned into someone's brain can be erased by the judge saying a few words.

No one should be shocked by what Officer Horton did that night. We should only be shocked that someone got it on camera.

Accident rates decrease after red light cameras taken down

You'd never know it if you relied on the Houston Chronicle's website, but splashed on the front page of yesterday's paper was an article announcing that the removal of red light cameras has resulted in fewer traffic accidents at the 50 intersections where the cameras were mounted.

According to data released by HPD, the number of traffic accidents at those intersections has declined by 16% in the five months since voters rejected the cameras. The data compared the number of accidents in the five months prior to the removal of the cameras (June 15-Nov. 14, 2010) and the number of accidents between November 15, 2010 and April 16, 2011.

According to the Chronicle:

The drop in accidents surprised Houston police administrators who say a possible explanation is the unusually dry weather during recent months has made driving conditions safer. They also wonder if years of electronic monitoring have made Houstonians better, if not more cautious, drivers.

Maybe it never occurred to the police that accidents increased at the intersections due to the number of motorists slamming on their brakes as they approached yellow lights.

Assistant Chief Brian Lumpkin said he had assumed accidents at those intersections were increasing since HPD is still receiving raw data from the camera vendor indicating motorists were running lights with much greater frequency at many intersections. The HPD records show accidents decreased at 32 intersections, increased at 21 and stayed the same at 17.

Well, Mr. Lumpkin, the conclusion is quite obvious -- place officers near those intersections and stop motorists who run red lights. We all know the most popular pastime in Houston is seeing how many cars can get through an intersection when the light's yellow. We all know the number one rule of driving in Houston is you don't take off at the intersection when the light turns green - you wait for that one last car to go through the red light.

The other thing that Mr. Lumpkin's analysis doesn't take into account is the number of red light camera tickets that officers rejected upon review before issuing the civil citations. Estimates are that HPD monitors rejected almost 40% of the proposed violations.

On Nov. 14 soon after a referendum to shut down the system passed, the city stopped issuing violations but was ordered by the courts to keep the cameras and road sensors up. HPD took an immediate $10 million hit from the department's anticipated share of ticket revenue for the remainder of this fiscal year, as the city ended a lucrative system that issued nearly 800,000 tickets and collected almost $44 million in fines since going online in September 2006.

The red light camera scam was never about increasing safety on Houston's streets. It was always about increasing revenues without having to pay for officers to patrol the intersections. The latest data is pretty damning proof that the original premise behind the cameras was faulty.

A look at HPD's history

On the ground floor of HPD Headquarters at 1200 Travis Street is the HPD Museum that contains an interesting assortment of items from HPD's past.

This is the pocket watch that saved Det. Owen Fondren's life by deflecting a bullet.

I like the detail work on the handle of Inspector Morrison's gun.

A beautifully restored 1952 Ford patrol car. The speedometer goes up to 100 mph.

This was the uniform worn by current Harris County District Attorney Pat Lykos.

This isn't a bad look. I think they should think about using it as a "throwback."