Sheriffs in Atlanta Overwhelmed by Evictions -- Is the San Antonio, Bexar County Sheriff Next? Evictions Deluge Not Unique to San Antonio

Flood of home evictions overwhelms sheriffs
Atlanta Business Chronicle - by Joe Rauch Staff Writer

On June 19, sheriff's deputies Mark LaBoy and Joe Buico stood inside the living room of a Gwinnett County house after evicting its former owner at gunpoint. Eight movers cleared the ranch-style home in Lilburn. The eviction was the deputies' second of the day. Thirteen more were waiting.

Metro Atlanta's record foreclosures are overwhelming some counties' sheriff's departments' ability to keep up with the resulting wave of evictions. "We do this two days a week from 9 a.m. to noon, then we go to our real jobs," said LaBoy, who, with Buico, is normally assigned to the domestic violence unit.

Through the first five months of 2008, Gwinnett County's evictions are 8 percent higher than the same period last year, in the first days of the mortgage crisis. So far this year, the county is averaging 685 evictions per month, up from 633 last year.

The traditional one- to two-week backlog of eviction notices has bloomed into a six-week wait for some banks and repossessors. "This started about a year ago, and it hasn't let up," said Maj. David Parr, head of the Gwinnett County Sheriff Department's civil division who oversees the eviction program. Parr said the department schedules evictions every day of the week in morning and afternoon shifts, and plans to do "as many as we can get to."

All of the department's deputies are used for some work on the eviction shift. The department assigns two deputies to each eviction, Parr said, "because we've been attacked before. It's understandably an emotional time for people. We've sent as many as four deputies if we're concerned the situation may get out of control."

The data shows how unpredictable the volume of evictions can be.
In February, the county served 177 more eviction orders than in the same month the year before. This May, the county's 681 evictions were a 7 percent drop from May 2007's total of 736. Other counties have reported similar activity.

The Cobb County Sheriff's Office has seen overall eviction levels rise, and home evictions begin to roughly equal apartment cases. Apartment evictions typically account for about 75 percent of all eviction orders in the county.
Bob Hodge, a real estate agent for foreclosed properties, said he has noted an increase in eviction work in his business, and expects to market roughly 300 foreclosed and eviction homes this year, primarily in urban neighborhoods throughout the city. "Depending on the county, you could get an eviction done as quickly as six or seven days after an order was issued," said Hodge, president of Circle Real Estate Services LLC. "Now it's at least two to three weeks in the best case."
Hodge said the demand has pushed some repossessors to evict during the holiday season between Thanksgiving and Christmas -- a move generally avoided because of the potential emotional impact on a family.

Jason Nelms, a field supervisor for Eviction Services Inc., said business has been "consistent and busy" since the housing market began to slow 18 months ago. Nelms' company is one of the largest eviction moving companies in Georgia.
Evictions force renters or homeowners from their properties by legal order, typically served by county sheriffs or marshals. But the process can vary slightly from county to county.

The lag time from foreclosure or late payment to actual eviction varies, like
Georgia's foreclosure process, which is not judicially monitored. "The bottom line is eviction is driven by an individual's inability to repay," said Russell James, a University of Georgia assistant professor who studies housing and eviction trends. "Lenders don't want to take back houses or evict, but it is used when they make a judgment that the person is unwilling or incapable of repayment."
Only a fraction of foreclosures ever become evictions. Homeowners typically leave before an eviction is required, moving when the home is sold at foreclosure. James estimates that roughly 0.25 percent to 1 percent of home foreclosures ever become an eviction, but the dramatic rise of foreclosures is creating a corresponding spike in evictions.

For the former homeowner evicted by LaBoy and Buico on June 19, the end came after negotiating with mortgage lenders and attorneys during a five-month foreclosure process.

Robyn H., who declined to give her last name, said she lost her home after being laid off by a local engineering firm. Even though she had a fixed-rate mortgage, she was unable to keep up with payments when new work didn't materialize. "I've got nothing left," she said.

Evictions Don't Just Effect the Poor, and San Antonio Isn't the Only Evictions Hotbed.

Court rules the eviction of Bianca Jagger was proper
By Jef Feeley and Phil Milford - Bloomberg News

Bianca Jagger, the human rights activist who once was married to rocker Mick Jagger and has fought for refugees in Darfur and Iraq among other places, is homeless herself — in a way. A New York appeals court ruled last week that she was properly evicted from a rent-stabilized $4,600-a-month apartment at 530 Park Avenue based on her tourist-visa status.

The owners of the posh Upper East Side Manhattan building had the right to oust Jagger after 20 years since she was in the U.S. on a so-called B-2 visa and couldn't show the apartment was her “primary residence,” the New York Court of Appeals decided. “We conclude that, absent some unusual circumstance, a primary residence in New York and a B-2 visa are logically incompatible,” Judge Robert S. Smith wrote in a four-page decision released Oct. 23.

Jagger, also the mother of interior designer Jade Jagger, has been an advocate for human rights in world hotspots. She moved out of the apartment temporarily several years ago, saying it had mold, and withheld the monthly rent payments, according to court records. Jagger sued building owner Katz Park Ave. Corp., claiming the apartment was uninhabitable. Katz later rented the apartment to a new tenant.

Roger D. Olson, a lawyer for the Nicaraguan-born British citizen, told the appeals court Sept. 3 that his client was the equivalent of a “snowbird,” a New York City resident who spends the winter elsewhere and returns in the spring. Such residents still qualify to participate in the rent-control program, he argued.

Magda Cruz, a lawyer for Katz, argued that New York's rent-stabilization laws were set up “to provide affordable housing for New York residents,” and that federal immigration law bars visitors on tourist visas from claiming they have their primary residence in the U.S.

If you are involved in a legal dispute requiring eviction or other landlord-tenant disputes -- in San Antonio or anywhere in Texas -- the experienced lawyers at R L Wilson, P.C. Law Firm have the experience and knowledge you need. Call us today to discuss your eviction law issue at 210-223-4100 or visit us at www.saevictionlawyer.com

R L Wilson, P.C. Law Firm Launches San Antonio, Texas Evictions Website -- www.saevictionlawyer.com

I am proud to announce the launch of our brand new website dedicated to San Antonio, Texas eviction law -- www.saevictionlawyer.com. The site is R L Wilson, P.C. law firm's online eviction resource. I chose the name "SA Eviction Lawyer.com" for its obvious, easy-to-remember name, and to emphasize that the lawyers at R L Wilson, P.C. Law Firm are some of San Antonio's best evictions lawyers.

Please take a few minutes to browse the new site to learn about our San Antonio eviction law practice, and for links to the Bexar County Justice Courts, which maintain original jurisdiction over all evictions cases.

We will also be posting new websites emphasizing our San Antonio construction law, water law and lien law practices.

Cop Watch: KopBusters Traps Corrupt Odessa Cops and You Can Watch on YouTube

Barry Cooper used to be a cop. Now, he's a KopBuster.

Barry's big on civil liberties and he's making a living these days by exposing corruption - you can peruse his site, Never Get Busted Again, where products like the DVDs "Never Get Raided" and "Never Get Busted Again" are sold for $24.95 (they're even cheaper now, apparently Barry's got a Christmas special going on this month).

Barry Cooper and KopBusters Set Up Corrupt Odessa Cops

This Odessa story began when Barry Cooper and his company, KopBusters, were contacted by the father of Yolanda Madden, name of Raymond Madden, who was trying hard to free his daughter from prison. Seems Yolanda Madden, who hails from Odessa, Texas, had been convicted back in 2005 for possession of marijuana with intent to distribute.

Yolanda's dad reports that a key witness in her case admitted in court to planting the drugs -- didn't matter. Yolanda got convicted and was sent off to the Big House.

Seems that Raymond Madden learned of Barry Cooper and asked him to help. And, Barry Cooper and KopBusters said they'd be happy to do what they could.

What did KopBusters Do? Here's the Story, in Barry's Own Words

Barry gave the details of his operation on his website, explaining:

"KopBusters rented a house in Odessa, Texas and began growing two small Christmas trees under a grow light similar to those used for growing marijuana. When faced with a suspected marijuana grow, the police usually use illegal FLIR cameras and/or lie on the search warrant affidavit claiming they have probable cause to raid the house. Instead of conducting a proper investigation which usually leads to no probable cause, the Kops lie on the affidavit claiming a confidential informant saw the plants and/or the police could smell marijuana coming from the suspected house.

"The trap was set and less than 24 hours later, the Odessa narcotics unit raided the house only to find KopBuster's attorney waiting under a system of complex gadgetry and spy cameras that streamed online to the KopBuster's secret mobile office nearby."

Watch it Yourself



What Happens Now?

What happens now for Yolanda Madden? For the Odessa Police Department? For those cops on the video? For Barry Cooper and KopBusters?

Well, let's all watch and see.

Source:

Houston Examiner

http://www.examiner.com/x-536-Civil-Liberties-Examiner~y2008m12d6-Trap-springs-on-corrupt-cops-in-Odessa-Texas

DA Watch: Investigation Into Former Houston District Attorney Rosenthal Is Finished Without Criminal Prosecution

Another Texas District Attorney has escaped prosecution.

Over in Houston, Harris County District Attorney Chuck Rosenthal resigned last February because of allegations that he had done bad things - read that, Rosenthal allegedly committed crimes while in office as the top prosecutor for the county.

Serious stuff.

However, after 8 months of snooping around, any possible indictment of Rosenthal was nixed by his successor in office (who acts as D.A. until January, when newly-elected Pat Lycos will take over as the first female district attorney in Houston's history). The scandal itself has been going on in the media for a year now, so it's a nice gift for Rosenthal here on the holidays.

What was Rosenthal alleged to have done?

He sent lots of e-mails from his official work e-mail address, and lots of people read them after they got subpoenaed in a federal civil rights case. Sure, he tried to delete them -- in fact, Rosenthal is known to have deleted 1000s of e-mails ... and that was part of the problem.

Seems the deleted e-mails were covered by that federal subpoena. It's a big no-no to delete or destroy documentation that is subject to a subpoena. Rosenthal knew that, right?

Additionally, some of these e-mails had bad, bad content. They had messages to staff members asking for help with his political campaign. Others had personal, romantic messages to Rosenthal's executive assistant. Still others were pornographic in content, and some e-mails are said to have had racist "jokes and pictures."

None of this stuff is appropriate for a county employee's work correspondence, much less that of the county district attorney. There are laws about this stuff.


Did anything happen to Rosenthal? Sure.

The federal judge found him in contempt of court for deleting e-mail messages, and he had to pay a fine of $18,000.00. And, he had to resign his office as part of a deal with the Texas Attorney General -- who agreed to drop the state's investigation if Rosenthal would just leave the building.

So, he lost his job and had to pay a fine.

Is it serious or a slap on the wrist? Slap, slap.

Rosenthal probably doesn't have any future in public office. He still has a law license and lots of experience, so he's got a future in private practice somewhere. That's good for him.

He doesn't have to face a trial or months of media play during the litigation process, it's a clean slate for him now. That's good for him, too.

Interesting, isn't it, that no grand jury was involved here when this case was dismissed for "insufficient evidence"?

That's right: the decision to close the book on the Rosenthal case was made by Ken Magidson, who's been setting at Rosenthal's old desk until Pat Lycos takes over. Just Magidson.

What did he tell the media? Here's what the Houston paper reported as a direct quote:

"After a careful and independent review of this matter, I have determined that there is insufficient evidence for prosecution," Interim District Attorney Ken Magidson said.

No grand jury. "Insufficient evidence for prosecution." You've got the e-mails. You got the evidence of the deletions. Insufficient evidence?

Hmmmm. Just something to ponder ....

Sources:

KTRK-TV
http://abclocal.go.com/ktrk/story?section=news/local&id=6534841

Houston Chronicle
http://www.chron.com/disp/story.mpl/politics/6144078.html

Media Watch: Can Casey Anthony Get a Fair Trial - Part 2: Let's Compare Jennifer Hudson's Case

There's already a post here on why we should all be concerned about whether or not Casey Anthony can get a fair trial - and yes, each and every one of us should be watching this Florida media circus to see how it is impacting our rights - but let's just check in on how things are so screwy there, compared to another big media case.

American Idol and Academy-Award Winner Jennifer Hudson's Tragedy

They've just announced that Jennifer Hudson's brother-in-law has been charged with three counts of first degree murder -- and one of those murders, of course, involves the death of Jennifer Hudson's seven-year-old nephew, Julian King.

Case Against William Balfour For Killing a Child (and two others)

That's it. No nightly media recaps since the October 24th shootings. No release of video interviews of friends or family. No "document dumps."

We've seen the police scour the surrounding area, heard that they found a gun, and there's been a couple of interviews with neighbors, and that infamous call-in interview with the defendant's mother on Nancy Grace.

And, remember, this child's death had the additional media play of having a direct family connection to American Idol finalist, and Academy-Award winning star of Dreamgirls, Jennifer Hudson to give it legs.

Case Against Casey Anthony For Killing a Child

Meanwhile, in the Casey Anthony case - where there is absolutely no celebrity connection, we've got dozens of video interviews to review online. There's even audio transcripts of the questioning of the defendant if you want to hear them. And, "document dumps" have become routine -- so much so, that it feels like someone's behind schedule if there isn't a new release of the state's investigative files after about a month or so.

The amount of documents - which will be used by the State of Florida as they try Casey Anthony for the murder of her 2 year old daughter Caylee Anthony - is huge. It's in the thousands now: 700 pages were released within the past two weeks. (There were also large dumps in August and September.)

Motion for a Gag Order is Made ... by the State

Here's a clue that there may be a concern about the ability to set an unbiased jury in this case. Usually, the defense files a motion to silence things. In the Casey Anthony case, which is set for trial in early January, it's the State that wants to stop the hoopla. (Judge didn't agree with their arguments, and denied the request.)

Media Impact On the Jury Pool

Comparing the two investigations into a child's disappearance, both ending in murder charges being filed, it is readily apparent that the Casey Anthony jury pool has been given an unbelievable amount of information -- along with all sorts of spin, opinion, and just plain junk -- from the media pundits.

Can Casey Anthony get a fair trial? That answer is becoming clearer every day.

Trying this case on the television screen (which Nancy Grace essentially did on her Thanksgiving "specials" last week) insults the judicial system and harms the defendant.

It's Our Rights That Are Being Disrespected and Trampled Upon Here

Casey Anthony remains innocent until proven guilty -- something that doesn't sell airtime and is a core right being trampled on here.

A right belonging to you and me.




Sources:

CNN.COM
http://www.cnn.com/2008/CRIME/12/02/hudson.charges/

Can Casey Anthony Get a Fair Trial - And Why We Should Care
http://dallaslawyer.blogspot.com/2008/09/crime-news-can-casey-anthony-get-fair.html

Cop Watch: Austin Police Using DNA to Track Down Burglars in Property Crimes - But What About a Backlog?

It had to be. Just had to be.

Where else in Texas would they start to use DNA testing to track down burglars and other evildoers involved in property crimes, but tech-happy Austin - our fair state's capital city and home of the University of Texas (as well as Michael Dell and all his compadres)?

In Austin, they're using DNA in property crime investigations now ....

Yep, they're doing it. They're taking blood and saliva samples from crime scenes that involve absolutely no murders or rapes or any bodily injury, really, and they are using that stuff to grab DNA to compare with existing databases.

And it's working. So far, they've found 10 suspects out of the 50 crime scenes they've tested. Boo-yah!

Of course, they do mention a slight backlog over at the Crime Lab. Slight.

Yet in the Same Bat City, Same Bat Day, Same Bat Channel ... there's a DNA Backlog?

Seems there's a different lab that law enforcement is using for the burglars than the one over at the Department of Public Safety there in Austin. Two nationally known crime labs in the same town cuz the City of Austin decided awhile back to build its own swanky crime lab.

And, on the very same news day that one lab is touting its use of DNA in property cases, they're reporting over at DPS that they've got a big 'ole HUGE backlog of cases over there. Big. Big. Big.

In fact, DPS doesn't expect to be caught up with all its DNA testing until 2011. That'll be after their nice new lab gets finished and they all keep working really, really hard on getting their backlog all caught up.

You gotta wonder: Williamson County DA John Bradley tells the KEXE reporter that his office expects a six month to one year delay in a case when they ask for DNA testing from the DPS offices in Austin -- while defendants sit in jail with taxpayers paying $25 - $50 per day for their upkeep (Bradley's estimate). And these are the big felony cases: murders, rapes, you get the idea.

Meanwhile, since the City of Austin built its own lab, over at the City's Field Support Services Department, they've got time to test for DNA so they can track down some kid who broke into a car, or to bust a burglar who got away with a stereo and other household goods.

You just gotta wonder here ....

Sources:

KWTX-TV
http://www.kwtx.com/home/headlines/35281449.html

KEYE-TV
http://www.keyetv.com/content/news/topnews/story.aspx?content_id=b84a446b-da6a-4d99-996d-7696f6a1612a

Austin American Statesman
http://www.statesman.com/news/content/news/stories/local/11/30/1130propcrime.html