The Bexar County district attorney's office charged 12 landlords with misdemeanors Thursday, alleging they failed to clean up their properties in two troubled Northeast Side neighborhoods.
The charges of maintaining a public nuisance come almost two months after officials announced a crackdown aimed at helping clean up conditions in those two neighborhoods, which District Attorney Susan Reed described as Third World-like.
“This is quite a bit of work for a short period of time,” said Adriana Biggs, the chief of the DA's white-collar-crime division. “I don't see as quick results as we would like, but there really is no other way to go around it, other than this just jumping through these hoops in the civil and criminal arena.”
The 12 landlords own 10 properties in the troubled Camelot II and Windsor Oaks neighborhoods, which have been plagued by illegal dumping and vacant homes that have become magnets for trash and debris.
Those 10 homes were among the 30 cited by the DA's office in October for violating the state's Health and Safety code.
Briggs added that 11 landlords had avoided misdemeanor charges by “abating the nuisance” on their properties so they no longer violated state law.
Additionally, she said the DA's office still was attempting to identify and locate the owners of three of the homes.
One of the houses is owned by a limited liability corporation that apparently hasn't registered with the Texas secretary of state; two of the landlords list their vacant property as their mailing address.
“It just takes a little bit of sleuthing to figure where these people are,” Biggs said.
Both Camelot II and Windsor Oaks are unincorporated neighborhoods that lie outside any city's boundaries and rely on the Bexar County government for services.
However, county governments don't have the ordinance-making powers that city governments have, which prevents Bexar County commissioners from simply requiring that landlords set up trash and solid waste removal services for their properties.
The DA's office adopted a strategy to try to force the landlords to clean up the mess by charging them with violating the state's Health and Safety Code. However, the code requires that property owners be given notice 30 days before any legal action can be taken, preventing a quick resolution of the problem.
“It can turn into a very long and drawn-out legal process,” Precinct 3 Commissioner Kevin Wolff said. “It's not what the courts were created for, they weren't created for enforcement. But that's essentially what we're having to utilize them for.”
He added that having to depend on the Health and Safety Code to mandate the cleanup also meant the problem had to reach a threshold where public health was endangered before the county could act.
Commissioners Court voted Nov. 20 to lobby for legislation that would give it the power to mandate that landlords with two or more properties in unincorporated areas of the county must set up trash service for their property. The Legislature convenes in January.
Thứ Năm, 29 tháng 11, 2012
Thứ Tư, 7 tháng 11, 2012
Prosecutorial Misconduct in Michael Morton Case: Judge Ken Anderson Faces Court of Inquiry and Now State Bar of Texas Disciplinary Proceedings, Too
Among the instances of prosecutorial misconduct that we've monitored, the continuing saga of Williamson County Prosecutor Ken Anderson (later Judge Kenneth Anderson) is one of the most shocking. So much so that an official Court of Inquiry has been ordered by the Texas Supreme Court upon recommendation of State District Judge Sid Harle.
For details on that recommendation, read our earlier post. Suffice to say, Judge Harle found probable cause that District Attorney Ken Anderson illegally withheld evidence in the murder trial of Michael Morton.
For all the details, check out the Report to Court filed by Gerry Goldstein of San Antonio, John Wesley Raley of Houston and Barry Scheck of New York City on behalf of the Innocence Project. It's around 150 pages and provides the details that went into the Texas Supreme Court's decision to move forward with a Court of Inquiry.
What Happened to Michael Morton - The Withheld Evidence
As you'll recall, Mr. Morton was unjustly convicted of killing his wife, Christine, and as an innocent man spent 25 years of his life in a Texas prison. Most agree that Michael Morton is a free man today because of the continued efforts of the Innocence Project, and now Mr. Morton is dedicating his efforts to help others who have been victims of prosecutorial misconduct.
What happened to Mr. Morton? You can read the full opinion of the Texas Court of Criminal Appeals here, where they overturned his 1987 conviction. DNA evidence convinced the CCA that another person, not Michael Morton, was responsible for the death of his young wife.
The key to the pending Ken Anderson proceeding is the allegation that Morton would not have been convicted in the first place if the evidence held by the District Attorney's Office had been revealed. This included (1) the Mortons' young son eyewitness account that the man who killed his mother was not his dad; (2) the bandanna found at the scene with DNA evidence (this proved to be someone else's DNA, not Mr. Morton's DNA; (3) the victim's credit card found at a store in San Antonio; and (4) a forged endorsement on a check payable to the victim that was cashed almost two weeks after Mrs. Morton died.
State Bar of Texas Files Disciplinary Action Against Anderson - Fight For His Bar License
The State Bar of Texas investigated the allegations of prosecutorial misconduct against Ken Anderson and after 10 months, a formal grievance was filed against him. This is another lawsuit.
You can read the Disciplinary Petition filed against Ken Anderson here. This was filed in September 2012. The Texas Supreme Court has appointed State District Judge Kelly G. Moore (of Yoakum and Terry Counties) to preside over the trial, which will be a public proceeding at the Williamson County Courthouse.
On Monday, Judge Ken Anderson filed affirmative defenses in that case, arguing the statute of limitations has run in this case against him by the Bar. That's right: he's arguing that the State Bar filed its case too late, under the State Bar of Texas' own Disciplinary Rules of Professional Conduct.
Court of Inquiry Into Morton Prosecutor Ken Anderson Begins December 10, 2012 - Fight Over Evidence Tampering Charges / Contempt
Meanwhile, Tarrant County Judge Louis Sturns is presiding over the Court of Inquiry where the issues involve whether or not Ken Anderson should face evidence tampering charges and contempt of court charges for withhold evidence that led to the conviction of an innocent man and his incarceration for over two decades.
Discovery fights are ongoing in that matter, with the expected "shield and sword" arguments being used by Anderson's attorneys to try and get past Michael Morton's lawyers' claims of attorney-client priviledge, among other things. Rusty Hardin is acting as Special Prosecutor in this case.
For details on that recommendation, read our earlier post. Suffice to say, Judge Harle found probable cause that District Attorney Ken Anderson illegally withheld evidence in the murder trial of Michael Morton.
For all the details, check out the Report to Court filed by Gerry Goldstein of San Antonio, John Wesley Raley of Houston and Barry Scheck of New York City on behalf of the Innocence Project. It's around 150 pages and provides the details that went into the Texas Supreme Court's decision to move forward with a Court of Inquiry.
What Happened to Michael Morton - The Withheld Evidence
As you'll recall, Mr. Morton was unjustly convicted of killing his wife, Christine, and as an innocent man spent 25 years of his life in a Texas prison. Most agree that Michael Morton is a free man today because of the continued efforts of the Innocence Project, and now Mr. Morton is dedicating his efforts to help others who have been victims of prosecutorial misconduct.
What happened to Mr. Morton? You can read the full opinion of the Texas Court of Criminal Appeals here, where they overturned his 1987 conviction. DNA evidence convinced the CCA that another person, not Michael Morton, was responsible for the death of his young wife.
The key to the pending Ken Anderson proceeding is the allegation that Morton would not have been convicted in the first place if the evidence held by the District Attorney's Office had been revealed. This included (1) the Mortons' young son eyewitness account that the man who killed his mother was not his dad; (2) the bandanna found at the scene with DNA evidence (this proved to be someone else's DNA, not Mr. Morton's DNA; (3) the victim's credit card found at a store in San Antonio; and (4) a forged endorsement on a check payable to the victim that was cashed almost two weeks after Mrs. Morton died.
State Bar of Texas Files Disciplinary Action Against Anderson - Fight For His Bar License
The State Bar of Texas investigated the allegations of prosecutorial misconduct against Ken Anderson and after 10 months, a formal grievance was filed against him. This is another lawsuit.
You can read the Disciplinary Petition filed against Ken Anderson here. This was filed in September 2012. The Texas Supreme Court has appointed State District Judge Kelly G. Moore (of Yoakum and Terry Counties) to preside over the trial, which will be a public proceeding at the Williamson County Courthouse.
On Monday, Judge Ken Anderson filed affirmative defenses in that case, arguing the statute of limitations has run in this case against him by the Bar. That's right: he's arguing that the State Bar filed its case too late, under the State Bar of Texas' own Disciplinary Rules of Professional Conduct.
Court of Inquiry Into Morton Prosecutor Ken Anderson Begins December 10, 2012 - Fight Over Evidence Tampering Charges / Contempt
Meanwhile, Tarrant County Judge Louis Sturns is presiding over the Court of Inquiry where the issues involve whether or not Ken Anderson should face evidence tampering charges and contempt of court charges for withhold evidence that led to the conviction of an innocent man and his incarceration for over two decades.
Discovery fights are ongoing in that matter, with the expected "shield and sword" arguments being used by Anderson's attorneys to try and get past Michael Morton's lawyers' claims of attorney-client priviledge, among other things. Rusty Hardin is acting as Special Prosecutor in this case.
Thứ Hai, 5 tháng 11, 2012
Randy Sorrells honored at STCL
South Texas College of Law has moved their legal clinics into a new home and greatly expanded their student legal clinics in order to serve the Harris County indigent population.
They have named the new legal clinic the Randy Sorrels ('87) Legal Clinic in his honor.
They have named the new legal clinic the Randy Sorrels ('87) Legal Clinic in his honor.
The Honorable Leta Parks
The Honorable Leta Parks has been named Chair of the College of the State Bar of Texas - congratulations Leta!
What a great honor for an outstanding lady!
What a great honor for an outstanding lady!
Harris County, Texas Free Legal Services Phone Numbers
Attorney General Office
713-802-9293
Aid to Victims of Domestic Abuse
713-224-9911
Lone Star Legal Aid
713-652-0077
Houston Volunteer Lawyers Program
713-228-0732
University of Houston
Legal Aid Clinic
713-743-2094
South Texas College of Law
Randy Sorrells Legal Aid Clinic
713-652-0009
Free Legal Advice
Houston Bar Association
Free Legal Line - first & third Wednesday each month for 5pm - 9 pm
713-759-1133
Texas Father's for Equal Rights
713-960-0407
Women's Legal Hotline
800-777-3247
Crisis Hotline
713-228-1505
District Attorney for Harris County
713-755-5888
Houston Area Women's Center
713-528-6798
SAFE Program
Court Ordered Supervised Visits with Minor Children
713-755-5625
Harris County Child Protective Services
To report abuse and/or neglect of minor children
800-252-5400
This is not an exclusive list
Look on-line for more agencies
You can always call the "United Way" for more agencies
Crisis Hotline or Houston Area Women's Center might have other referrals if
they are unable to assist you - remember - never give up - keep calling if
you need assistance of any kind - funding changes each year because
grant money moves - so no list is ever accurate for more than a year --
if you need help -- you have to call around to find the help YOU NEED!
Good luck!
713-802-9293
Aid to Victims of Domestic Abuse
713-224-9911
Lone Star Legal Aid
713-652-0077
Houston Volunteer Lawyers Program
713-228-0732
University of Houston
Legal Aid Clinic
713-743-2094
South Texas College of Law
Randy Sorrells Legal Aid Clinic
713-652-0009
Free Legal Advice
Houston Bar Association
Free Legal Line - first & third Wednesday each month for 5pm - 9 pm
713-759-1133
Texas Father's for Equal Rights
713-960-0407
Women's Legal Hotline
800-777-3247
Crisis Hotline
713-228-1505
District Attorney for Harris County
713-755-5888
Houston Area Women's Center
713-528-6798
SAFE Program
Court Ordered Supervised Visits with Minor Children
713-755-5625
Harris County Child Protective Services
To report abuse and/or neglect of minor children
800-252-5400
This is not an exclusive list
Look on-line for more agencies
You can always call the "United Way" for more agencies
Crisis Hotline or Houston Area Women's Center might have other referrals if
they are unable to assist you - remember - never give up - keep calling if
you need assistance of any kind - funding changes each year because
grant money moves - so no list is ever accurate for more than a year --
if you need help -- you have to call around to find the help YOU NEED!
Good luck!
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