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DOCKET CALL

FEBRUARY / MARCH 2000 A Publication of Harris County Criminal Lawyers Association


Republican Race
ForDistrictAttorney
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DOCKET CALL February / March 2000
HCCLA OFFICERS
1999-2000
PRESIDENT
Danny Easterling
PRESIDENT ELECT
Richard Frankoff
VICE PRESIDENT
Mark Bennett
SECRETARY
Rosa A. Eliades
TREASURER
Angela Cameron
PAST PRESIDENT
Lloyd Oliver
BOARD OF DIRECTORS
MaryAcosta
Lott Brooks
John Carroll
Winsron Cochran
E. Ross Craft
Ron Hayes
DavidJones
JayKarahan
Ellis McCollough
Garland Melnnis
David Mitcham
TyroneC. Moncriff'e
Ri chard L. Moore
AnthonyOssa
Rick Soli2
Clyde Williams
PAST PRESIDENTS
1971-1997
C. AnthonyFrilioux
StuartKinard
George Luquette
Marvin O.Teague
Dick DeGuerin
W.B.House, ]r.
David R.Bires
Woody Densen
Will Gray
Edward A.Mallett
Carolyn Garcia
JackB. Zimmerman
ClydeWilliams
RobertPelron
Candelario Elirondo
AJlen C. Isbell
David Mitcham
Jim E.Lavine
Rick Brass
Mary E.Conn
KentA. Schaffer
Dan Cogdell
Jim Skelron
George]. Parnham
Garland D. Melnnis
RobertA. Moen
February/ March2000
DOCKET CALL February/ March 2000
Contents
From thePresident ...... . . . .. . . .. . . . . . . . ..2
From thePresident-Elect. ... . . . . . . . .. . . .3
H. C. S.D. InternalDocuments .. . . . . . . . . . . .. .5
FedSquare .. . . . . . . . .. . . . . . . . . . . . . . . . . . .. 6
Internet forLawyers .. . . . . . . . . . ............8
RaceforDistrict Attorney'sOffice... . . . . . . . . . .9
MemberPofile. . . . . . . .. . . .
. . . . . . . . . . . . . . 14
HCCLAMembership Survey. . . . . . . . . . .. . . . 16
Hearsay................. . . . . . . . . . . . . . .21
Let'sHearFrom You!
Callus withyoursuggestionson thispublication.
DOCKET CALL
Publisher HCCLA @ (713)227-2404
EditorEmeritus AllenIsbell
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From thePresident
III Love the NewCourthouse,But "
DANNY EASnRLlNG
As I write this,
we have all been
working in the new
Criminal Justice
Center for four
weeks . Today, I
went to the second
floor in ordet to
view a OWl Video
in the DA's Office
Video Room. I decided to look around and
went towards a sign hanging in the hallway
entitled "Cafeteria" and looked inside to a
huge hollow space of rough conctete. I then
noticed twO of those brown mystery doors
that are opposite the elevator bank propped
open and could see a soft drink machine in
the room and as I got closer even a snack
machine. I had discovered something
besides a water fountain but as was par for
the building, I peered inside the snack food
machine and there was a sign on the outside
stating "Out of Order. " This new
courthouse is certainly not "Out of Order,"
but things can hardly be called orderl y at
this point.
Ofcou rse, we have all experienced the jam
at the front door and now I am glad I did
fork over the unreasonable $100 fee for the
Frequent Courthouse Visitor Badge. The
congestion at the elevators has been pretty
outrageous in the early part of the morning
and has not gotten much bener. It now takes
longer to go from floor to floor inside the
courthouse than it did to walk from 301 San
Jacinto to 1301 Preston. Compounding this
elevator problem is the incredibly bad
architectural design flaw on the location and
access to the stairwells. Placing the stairwells
in the corners of the floors in the secured
area behind the courtrooms and using them
only as fire escapes is definitely the colossal
blunder of the millenium. In my meetings
with both Administrative Judges for the
District and County CourtS and with Mike
Yancey, the Director of Facilities and
Property Management, rhe theme is that
they are just as frustrated and upset about
the stairwell placement as we are. The big
question is: How could thi s design be
approved by the planning committee and
architects when they should have known that
defense la-wyers and even assistant district
attorneys need easy and quick access to the
stairwells to go one or two or maybe even
three floors to another court? Whoever was
on this comminee obviously had no input
from the defense bar to plan for this. As it
now stands, the stairwells are only meant for
emergency fire escape situations and the fire
codes require access every five floors .
Therefore, you can now stop on floor fifteen,
ten, or five, and push a talk box button which
will conceivably give you the Wackenhut
security office on the first floor who is
supposed to open the locked door for you.
I tested this one time by walking to the fifth
floor and pushed on the talk box for five to
seven minutes with no response. I propose
that we form an alli ance of HCCLA, the
DA's office and the HBA Criminal Law and
Procedure Section to request that the
stairwells be opened on the courtroom floors
only for defense attorneys and assistant
district attorneys to use them when necessary
on a floor to floor basis. If a badge system is
required, then so be it. However, such a
system would COSt money to design and
would therefore need to be budgeted and
approved by the commissioner's court. If
the judges are concerned about "users" of the
building having access to the secured areas
behind the courtroom (such as the court
clerk's office, court coordinator's office, court
reporter's office or judge's chambers) then I
ptopose another door be constructed near
the stairwells to prevent access to the secured
areas. Of course, building these doors would
have the same problem of county money
being budgeted. Remember, this all could
have been avoided by some simple pl anning
to place at least one stairwell near the
elevators.
As for that cafeteria, it is not due to be
open until May 2000 , but will be
approximately the same size as the 301 San
Jacinto cafetetia. I don't know about you,
but I get the feeling as a defense attorney
that the building lends itself to feeling a litrie
bit isolated as I don't see as many members
as before and it's JUSt not the same without
the cafeteria to congregate and exchange
ideas and war stories. The news on the big
Trial Ready Room that will be constructed
on the seventh floor is even worse. This
project still has to have a budget approved
by commissioner's court on March 1,2000
and then the bidding process starts. The
projected opening of this attorney's lounge
is easily six months off. When the county
has fini shed the build out of this room, the
HBA Criminal Law and Procedure Section
will generously help to furnish this room
with funds that have been collected from
various CLE and certification programs over
the last ten years in anticipation of the new
courthouse.
The most interesting development in the
courtrooms is the installation of the high
tech courtroom equipment. The courtroom
equipment was demonstrated to me in the
177th District Court as they had the "demo"
for the District Courts. It did not seem that
difficult to operate and they will provide
some great tools fot demonstrative evidence
in front of juries. There has been some
concern by the defense attorneys that the
District Attorney's Office will somehow learn
this technology before the defense bar and
will have some type of edge in it's use. I
have been assured by the judges that this will
not occur and that they are interested in the
defe nse bar receiving hands on CLE
instruction on how to use the equipment so
that we aIe not fumbling through it during
a trial , which would not be good for anyone.
Please look for notices of CLE seminars on
the equipment, which should occur any day
after all the equipment has been installed in
each courtroom . If you are a defense
attorney and are still worried about it, talk
to the judge pre-trial or file a Motion!
Remember a Motion is nothing more than
asking for something but be sure it is part of
the record for it to be worth anything.
As President of this association it is my
responsibility to be a spokesman for the
defense bar on all these courthouse issues.
That is why I have attempted ro take an
active role in meeting with all of the proper
figures who are doing their best to address
and resolve these problems. If anyone has
any further questions or input into this
courthouse adjustment please feel free to
contact any other officer or me and we will
try and address your concerns. Remember,
this is our courthouse as each of our taxes
paid for this 98 million-dollar project.
Continued at bottom 0/page 3 ...
2 DOCKET CALL
February / March 2000
From the President-Elect
RICHARD FRANKOFF
"Prosecutor's Deceit May Force NewTrial
for Retired CIA Agent," read the title of one
Houston Chronicle article published on
February 7, 2000. "Fed Payoff to Witness
Claimed in Drug Case" and "Judge Vows to
Pressure Federal Agents" were the ti tles to
two others. What's going on?
Three local criminal cases are getting
publicity because of prosecutorial
misconduct. In 1983 Edwin Wilson was
convicted of spying. last month federal
prosecutors acknowledged submitting a false
affidavit to help convict Wilson. Juan Garcia
Abrego was convicted in 1998 of being a
drug kingpin. At his trial a prosecution
witness testified that he was promised no
money for his testimony. Sources now say
that he was promised, by United States
agents, $2 million dollars to testify as the
government's star witness. The prosecutors
have never denied that this witness was paid
or promised payment for his testimony. And
right now, a federal judge postponed
indefinitely the corruption trial of former
Texas prisons director James A. Collins
pending full disclosure of any immunity
agreement between the star witness and the
prosecution. The Houston prosecutor told
the judge that the federal prosecutors in
Louisiana circumvented normal procedure
and entered into a verba! immunity
agreement with the witness.
What's going on is what has been going
on for years: prosecutorial misconduct. It's
only that three highly publicized cases,
stretching from 1983 to 2000, have brought
this to the forefront, to the public's attention.
It took these infamous cases involving a spy,
a major drug kingpin and a public servant
to bring to light what has been known for
years. Be it federal or state court, felony or
misdemeanor charges, infamous or mundane
cases, unbridled prosecutorial power will
eventually lead to abuse. "Power corrupts and
absolute power corrupts absolutely."
Not all prosecutors are corrupt, or even
abusive. Most are good decent men and
women doing a hard job--prosecuting crime
under difficult circumstances. But to justify
or excuse the abuses because most
prosecutors do not contribute to them misses
the point. One abuse is toO much. Those
prosecutors that do abuse their authority
easily justify their actions with, "the ends
justify the means," i. e .. the defendant's
conviction is more important than the rule
of law.
When a few rotten apples taint the barrel
they should not be protected. They should
be prosecuted. law-breaking with good
motive is just as much law-breaking as with
bad motive. A prosecutor once said in a
continuing education program that anyone
can convict the guilty, but the sign of a good
prosecutor is one who can convict the
innocent. It was said in jest, but
unfortunately some prosecutors think that
way.
Unfortunately the misconduct and abuse
has increased epidemically over the years, for
as the judiciary has grown weaker, the
prosecution has grown stronger, more
brazen. For at least the last ten years the
authority, the stature and the prestige of the
judiciary has decreased. It's not that less
qualified or less competent judges have been
elected or selected to sit on the bench. The
role of the judge has changed. Too many
judges, and the public, now perceive the
judiciary as law enforcement, rather than the
overseers of justice and fairness.
Consequently too many judges either do not
see or turn a blind eye to prosecutorial
misconduct increasing the prosecution's
power and the potential for misconduct.
The judge's role is to maintain justice and
fairness and to exercise his/her authority to
preserve these precious intangibles. But if the
judge does not control and restrain the
prosecution, then eventually some
prosecutors will abuse their authority. Any
authority unchecked will eventually be
abused. Again, power corrupts and absolute
power corrupts absolutely.
But what do we get when this happens?
We get a criminal justice system where
prosecutors offer perjured testimony, secretly
buy witnesses' testimony and skirt
precautions to cut deals with witnesses. Is
this the justice we want-that we respect?
No. What we want, what we need, is a
strong, independent and knowledgeable
judiciary willing to restrain overzealous
prosecution. As criminal defense attorneys
we can help the judges achieve this stature
and position. First, we must recognize the
judges as a separate, but integral part of the
criminal justice system. We cannot brush off
the judges as, "just another prosecutor in the
courtroom." We must approach the judges
as judges, not as adversaries. We must be less
confrontational and more cooperative.
Second, as always, we must be prepared but
especially so in those cases where we are
alleging our opponent's misconduct. We
must take the time to investigate and research
our cases, to understand our arguments and
to clearly articulate our positions. If we are
not prepared and do not present our client's
position in a clear, concise and correct
manner, we cannot expect judges to
understand and agree. Third, we must accept
that most judges are limited. They have
limited time and many have limited
experience. Judges hear hundreds of cases.
Our case is just one. And many judges have
limited experience, especially concerning
prosecutorial misconduct. We must take the
time and have the patience to educate the
judges that prosecutorial misconduct
happens, happens too often and is offensive
and illegal.
Finally we must educate the public that
justice, real justice, demands a strong
judiciary willing and able to control
misconduct and abuses in the courtroom,
whether it comes from the prosecution or
even the defense. A stronger, more
independent judiciary can keep the
prosecution in check, decreasing the
opportunities for misconduct. And that's
what going on.
From the President (cont.)
And lastly, everyone send their e-mail
addresses to our HCClA Web Site
Webmaster and Vice-President, Mark
Bennett at markb@bennettandbennett.com.
Once you are online with HCCLA you can
monitor our hccla@listservice.com feature
where the members can communicate with
each other. We are currently up to 189
members online and it grows each day. For
those who are not online, don't despair, we
are still sending things by our fax program
and of course by mail. Keep fighting and
don't give up.
DOCKET CALL 3
February / March 2000
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H.C.S.D. Internal Form
GrantScheinerprovided uswiththe internalHarrisCountySheriff'sDepartmentForm usedtoflag
HCSO tapesforpreservation. Requestersshouldspecifythetimeanddateofthecall,aswellasthe
dispatchaddress/location.Thisformwillnotcausethemtoproducethetape,butif it's leftwithTracy
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FebruaryI March2000
DOCKET CALL 5
Fed 59uare
George Murphy, a former federal public
defender, now in private practice, has kindly
provided us with the following very useful
comments on federal practice.
PLEA AGREEMENTS IN
FEDERAL COURT
The United States Sentencing Guidelines
have made meaningful plea bargains in
Federal court nearly extinct. And in many
cases, the guidelines remove the incentive to
plead guilty altogether because there is so
littl e bargain in return.
Still, there are many cases when a guilty
plea is, indeed , in a defendant's best
interests. In those cases, keep in mind the
following tips.
I. The General Rule
As a general rule, do not enter into a
written plea agreement with the government.
There are twO reasons why a written plea
agreement is a bad idea. First, because plea
agreements are not binding on the court, a
written plea agreement does not guarantee
that your client will receive that for which
he bargained away his plea of not guilty. For
example, a wrirten plea agreement can
contain agreements on critical sentencing
factors (e.g. amount of cocaine) . At
sentencing, the judge is under no obligation
to follow these agreements and can, if he
chooses, give your client, in the famous
words of the great A.D. Azios, "the old
chingala. "
Second, the U.S. Attorney's office has a
policy of requiring in all written plea
agreements that a defendant waive his right
to appeal. T he right to appeal is important
in federal court-even with a guilty plea-
because a defendant may feel that the judge
did not correctly calculate his sentencing
guidelines. Without the right to appeal,
complaints about the application of the
sentencing guidelines are lost forever.
T herefore approach guilty pleas in federal
court with the idea that your client will plead
guilty without a written plea agreement.
II. Exceptions to the Rule
There are times when it may benefit your
client to have a written plea agreement. To
determine whether your case falls into the
exceptions, you must weigh the concessions
the government makes versus the value lost
from waiving your right to appeal . Here are
some situations in which you should
seriously consider signing a written plea
agreement and give up your right to appeal.
. The government agrees to dismiss a
charge or count that carries a longer sentence
than the charge to which your client will
plead. For example, your client is charged
with mail fraud and money laundering. The
government agr ees to dismiss mon ey
laundering in return for a guilty plea on the
fraud case.
. The government agrees to allow your
client to plead guilty to an unenhanced drug
case. For example, a 10 to life drug case
becomes 20 to life if a defendant has been
once before convicted of a drug offense.
Sometimes, the government will agree not
to "enhance" a drug case (and, thus, not drive
up the statmory minimum sentence) in
return for a guilty plea and written plea
agreement .
A couple of words of caution here. Fi rst,
the government's agreement to dismiss a
count, or even many counts, may have no
impact on the sentence. So, do not
automatically think that dismissed counts
will reduce your client's sentence.
Second, do not waive your appeal for the
government's standard language in a plea
agreement regarding earning a downward
departure for your client's cooperation with
law enforcement. The government will do
nothing more in a plea agreement than state
that it retains sole discretion to file a SKI.I
motion for downward departure ifit believes
your client has substantially assisted the
government. This obviously does not
obligate t.he government to do anything and
should, therefore, not be the basis for waiving
a right to appeal.
III. Conclusion
In those cases in which a plea bargain is
appropriate, you will most likely want to
plead guilty without a wrirten plea
agreement. You should only consider signing
a written agreement, and, thus, waive your
right to appeal, when the government is
willing to obligate itself to give your client
something substantial in return.
PRACTICALADVICE FOR
FEDERAL SENTENCING
The several-mon th period between a
conviction in federal court and the
imposition of a sentence can be the most
cri tical time ina federal criminal case.
During this time, a creative, cautious and
well prepared defense attorney can have a
significant impact on his client's sentence.
Here are some tips on shepherding your
client through the federal sentencing process.
I. The Probation Department
A federal probation officer writ es a
Presentence Report in every case in which a
defendant gets convicted . The most
important aspect of th e report is that it
contains a calculation of the sentencing
guidelines. The probation officer is required
to meet with the defendant in order to
prepare the report. This meeting is vitally
important so:
don't let your client meet with the
probation officer without you being present.
don't let your client answer any of the
PSR writer's questions regarding the facts of
his case or his criminal history.
do provide a written statement to the
probation officer in which your client
"accepts responsibility" - See below
II. "Accepting Responsibility"
You must ensure that your client gets an
appropriate sentence reduction for
"accepting responsibility." Often, a two or
three - point reduction for accepting
responsibility is rhe only benefit your client
will receive for pleading guilty. To earn that
reduction, your client must do fwO things
at his meeting with the PSR writer. He must
admit to the ptobation officer that (1) he
committed the acts that make him guilty,
and (2) he is sorry for having committed
rhose acts. Provide a written starement to
the probation officer that you draft and that
your client will sign. Again, never let your
client simply answer the probation officer's
questions. The statemen t should be concise,
touch on all the elements of the charge, and
go something like:
My name is Joe Defendant and I am
writing to accept responsibility for delivering
cocaine. On (date) I drove a car to
6 DOCKET CALL
February / March 2000
Fed Square(continued)
Beaumom. Texas and delivered 10 kilos of
coca.ine to another person.
r am very sorry that I committed thi s act.
r have not only hurt myself. but r have hurt
my family and friends as well. I will never
do anything like thi s again.
This statemem is sufficiem to ensure that
your client "accepts responsibility."
Be careful here never to deny conduct. For
example. do not write that your client
delivered the 10 kilos but "denies having
made other deliveries." The danger here is
that a semencing judge may refuse to award
a reduction for acceptance of responsibility
if he believes that the defendam has falsely
denied relevant conduct. It could get worse.
If a judge thinks your diem has lied. he can
tack on a couple of extra point s for
"obstruction of justice."
So. (I) do not let your cliem talk about
the facts of his case with the probation
officer. (2) provide a brief wri tten statement
that (a) includes only enough facts to touch
on each element of the crime and (b) says
that your client is sorry. and (3) Be sure never
to deny relevant conduct in the written
statement.
III. The Sentencing Hearing
At the semencing hearing. the judge is
required to give you and your client an
opportunity to allocute. That is. the judge
will give you and your client a chance to say
anything you want before sentence is
imposed. Have your client ready for this.
For example. if you are confident that your
cliem can say a brief ''I'm sorry" without
trying to explain why he is really not guilty
and that t hi s is all a big mistake. then
encourage him to do so. You should have
your client write a brief statement before the
hearing that you can review.
On the other hand. if your cliem is likely
to open his mouth and insert his foot. then
advise him to pass up on his chance [0
allocute.
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February / March 2000 DOCKET CALL 7
--
InternetforLawyers
CourthouseElectronics
MARK BENNETT
The electronic gadgetry in many of the
new courtrooms, rumors that prosecutors
have received training on (he equipment and
the bureaucracy's apparent indifference ro
whether the defense bar learns to use the
stuff, inspired me to hit the web this month
for some guidance in using the equipment.
I started in the courtroom, where I wrote
down the name of each piece of equipment
in the lectern. Each lectern has a control
panel on top, labeled "Crestron DOAR
Communi ca tions, Inc." that allows the
person standing at the lectern to select the
source that is shown on the screens. Each
completed lectern has a small white pad wi th
an attached pen, called the DOAR
Illustrator, as well as a gizmo that looks like
a high-tech overhead projector, called the
DOAR Communicator. Inside each cabinet
is a Sony color video printer, a ]VC
videocassette recorder, an Extron "System 4
Ldxi Switcher" and "SW4 VGAxi, " and a
"TView Pro AV-RM" by a company called
Focus Enhancements.
www.dogpile.com
DOAR Communications, Inc. seemed
like a good place to start. I went ro
Dogpile.com (www.dogpile. com. a
"merasearch" site that queries many different
search engines) and punched in "Doar." Up
popped references to a bunch of websites,
including some in Portuguese and
Rumanian. Skipping the foreign-language
sites, I went directly to the DOAR
Communications, Inc. (www.doar.com.
"Elevating the Art and Science of
Persuasion").
Once on the DOAR homepage, I saw a
link to "Product Manuals." I clicked there,
and gOt a list of available manuals:
Communicator, Illustrator, Visual Image
Printer, DEPS, T3 Link and DEPS Switcher.
I promptly downloaded the manuals for
s::=-
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r v,lflr><;l Art
==- _ Science
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OOoooI",,",--_ .. __TV-,-._
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www.doar.com
the Communicator and the Illustrator. The
twO files totaled about two megabytes and,
thanks to my DSL (digital subscriber line)
connection to the internet, took about twO
minutes to download.
The fdes had the .PDF suffix, which
meant that they were Adobe Acrobat files. I
went to Adobe and downloaded the latest
version of the Adobe Acrobat Reader
( www.adob e.comlp roductslacroba t l
readstep.html). Once I had installed the
Reader, I could view and print the manuals
for the Communicator (which is, in fact , a
high-tech overhead projector) and the
Illustrator (which allows its user to add
www.tview.com
arrows and other markings to the image
projected on the screen, like John Madden
in the courtroom) .
Curious about "DEPS," which appeared
twice in the lisr of manuals, I went back to
the DOAR home page, and saw a link to
"Digital Evidence Presentation." This link
took me to a page with a picture of one of
our courtroom lecterns, and I learned that
the lectern the DEPS. Back to the list of
manuals; I downloaded the DEPS and DEPS
Switcher manuals.
Going back to Dogpile.com, I searched
for "TView Pro," and came up with a link
to FOCUS Enhancements, Inc. From
FOCUS's homepage (www.tview.com). I
went to the technical suppOrt page, then to
the Product Manuals page, where I found a
link to the manual for the TView Pro AV,
and downloaded it. (TView Pro AV is a box
_..... _--_...__ ...
::.:=---.-. .. --_ .... _- - ...... _ ______... ._110_ ....
.. -
' ..
... .. :::'_0_.._"__.
..--
.
__ _ _ roc_

----......-.
www.extron.com
that converts the VGA signal from a
computer to an NTSC signal that can be
viewed on a television. "RM" stands for
"Rack Moum. ")
A search for the HR-S3600U VCR reveals
little, except that you can buy a refurbished
one for about $200. A search for the Sony
UP-2100 color video brings similar results.
A search for Extron returned a link to the
Extron Electronics website. A click there
(www. extron. com) reveal s a link to
"downloads." From there, product manuals
are a short click away. I downloaded the
manuals for the "System 4 LDxi Switcher"
and the "SW4 VGAxi, " which allow you to
connect multipl e inputs and outputs to the
other electronic equipment.
As a finishing touch, I put some of the
manuals up on the HCCLA website, so that
you can download them all in one place.
Find them at www.hccla. orgIHCCLAI
electronics.
8 DOCKET CALL February / March 2000
Republican Race forDistrictAttorney
By GRANT M. SCHEINER
With more than 200 Assistant District
Arrorneys and an annual budget of
approximately $20 million, the Harris
County District Attorney's Office has often
been called one of the County's " largest law
fi rms."
But in reality, the power and social
importance of the Harris County District
Attorney's Office far outweighs any firm or
organization dedicated to the redistribution
of monetary wealth. The Harris County
District Arrorney prosecutes misdemeanor
and felony offenses, for which the possible
punishments ro human beings range from a
simple fme, ro life imprisonment, and in Jim Leitner
some cases even death. In fact, of the 39
American states that currently have a death
penalty, only a handful of these JtateJ send
more citizens (and non-citizens) to death row
than Harris County, Texas.
The successor ro 20-year District Attorney
John B. Holmes will face a critical challenge
not only to remain independent of the
various special interests while maintaining
an efficient sysrem for the handling criminal
matters, but also to articulare his or her
position on matrers that srrike at the veL"y
heart of the criminal jusrice system. How
much influence should a victim have in
determining a prosecutor's recommendation
for punishment? What role should
rehabilitation play in the so-called "war on
drugs"? What steps should a prosecuror take
to insure thar convictions are not procured
on the basis of illegal evidence or police
m iscond uct?
Beyond the predictable promises to be
"rough on crime" while doing rhe "lord's
work," the Harris County Criminal Lawyer's
Candidate Lloyd Kelly did not submit a photo.
Association ("HCClA") thought irs
members and other concerned citizens might answers be kept ro fifty (50) words or less. I Democraric candidate Jim Dougherty is
be interesred to know how this year's Dimicc HCClA also asked each candidate for a running unopposed in his party's primary
Atrorney candidates srood on the specifiC photo ro publish in Docket Call along with and is not included in rhe presenr survey.
issues. A panel of criminal practitioners from the answers. Except for obvious Dougherty, a defense atrorney and former
rhe HCCLA membership base met, (at times typographical errors, the candidates' answers federal prosecutor with substantial criminal
somewhat spiritedly) debated, and eventually have not been corrected or edired in any way. law experience, will be given an opportunity
settled on rwelve (12) questions to submit Docket Call encourages its readers ro share ro answer HCClA's questionnaire in the
to the Republican candidates in the form of the following questions and answers with as near fueure. Docket Call hopes ro publish
a questionnaire. I many voring citizens as possible. The Doughenis responses alongside rhe eventual
HCClA sent its questionnaire ro each Democratic and Republican Primaries will Republican hopeful as the general election
Republican candidare and requested that all be held on Tuesday, March 14,2000. draws nearer.
Pat Lykos
Chuck Rosenthal Mike Stafford
February / March 2000 DOCKET CALL 9
Republican CandidateQuestionnaire
Leitner Kelley
I Question
1
1. Why do you want to be
HarrisCountyDistrictAttorney?
2. What do you think is the
mostcompellingissuefacingthe
HarrisCountyDistrictAttorney's
OHiceandwhy?
3. Which criteria are most
important In determining
whether,ina particularcase,the
DistrictAttorneyshouldseekthe
deathpenalty?
4. Doyouconsideryourselfan
"insider"oran"outsider"tothe
current political structure of
Harris County? Which do you
think would make a candidate
bettersuitedforthejobofHarris
County District Attorney and
why?
s. What (if any) active steps
should anindividualprosecutor
take to insure that a conviction
is not procured on the basis of
illegal evidence or police
misconduct?
6.Forwhich criminal oHenses
(ifany)shouldtheHarrisCounty
DistrictAttorneyhavea policyof
notrecommendinga sentenceof
probation?
1. I have the most experience managing
large organizations. I also have the passion
ro see justice and fairness become a cenual
theme in the system.
2. Allowing probation (Deferred
Adjudication) for child molesters.
3. If defendant is a continuing threat ro
the community.
4. Outsider, which allows me ro take an
objective and unbiased view of the issues.
5. Police misconduct should be prosecuted
as other crimes are prosecuted.
6. Child molestation, Agg. Sexual assault
(child).
1. I love the job and the people. I believe
that I have marured and gained enough
experience during by career, on both sides
of the docket, ro really make a difference.
My military training will enhance my ability
ro lead and administer the office.
2. The most compelling issues are the
J
hiring and retention of the best-qualified
attorneys , and the efficient and fait
disposition of the criminal caseload. That
includes speedy and efficient intake, Grand
Jury, and trial court disposition of the cases.
3. The staturory criteria, and that alone.
That is the only way ro administer the death
penalty fairly. It should not be based on who
the victim or who the offender were, unless
it meets the staturory criteria.
4. r consider myself an insider. r do not
think that it matters whether one is an insider
or outsider. The character, administrative
ability, leadership ability, and experience level
of the candidate should be the criteria used.
5. Every prosecutor should take every step
necessary in any given case to ensure that
they themselves are left with no doubt that
a conviction is being procured on the basis
of illegal evidence or police misconduct.
6. r believe that the Division Chief and
Chieflevel prosecuror should be experienced
enough to make those judgment calls
without a non-bending policy to prohibit
fairness in any given case. I believe that a
prosecutor should be able to consider the full
range of punishment as set by law.
10 DOCKET CALL February / March 2000
Republican Candidate Questionnaire
(continued)
r LykOl ROienthal StaHorci
I
1. To make a positive diffetence: The
mandate of the District Attorney is to seek
justice. Justice requires that the rule of law
be maintained at the highest standard and
be both firm and fair to all people. I have
the strength, passion, leadership and vision
to make this office world-class.
1. To be able to continue the excellent
prosecutorial standards established by Mr.
Holmes and his predecessors, Mr. Vance and
Mr. Briscoe.
1. Prosecution is a serious business that
requires the right kind of experience and a
commitment to the public that is proven.
My candidacy embodies those criteria.
2. The most compelling issue is the
perception that there is not equal justice.
Dedicated professionals can be so focused
on rheir work that they fail to adequately
communicate rheir dedicarion to jusrice.
Assurances, deeds and communication will
ameliorate this.
2. Assuming that the question actually
addresses "issues" facing the office: I believe
that we need to remain autonomous from
any outside influences. We need to continue
to prosecute cases based on the relative
strength of the evidence and nothing else.
2. Maintaining the standards established
by Mr. Holmes while also adding enhanced
levels of protection for children and senior
cirizens.
I
I
I
3. A stringent examinarion of rhe facts,
weighing aggravating and mitigaring
circumstances and the history of the
defendanr and any other relevant
information. I have presided over many
capital murder cases and sentenced people
to death . The decision to prosecute IS
awesome and should be so considered.
4. Neither. There is no substitute for
experience. I have been a police officer,
defense attorney, and now a judge for twenty
years presiding over thousands of felony
cases. The DA must have the requisite
balance and integrity, eschewing politicizing
the office, in the administration of jusrice.
3. Wherher the facts suppOrt a capital
murder indicrment and whether an overall
assessment of the facts would be compelling
to an average jury that the death penalty is
warranted.
4. I am an "outsider" to Hartis County
politics and intend to remain so.
3. The nature of the crime, the propensity
for furure dangerousness and the likelihood
of rehabilitation.
4. Diplomacy is important in order ro
implement new ideas. I have a proven track
record ofsuccess regarding county budgetary
Issues.
5. Very careful screening of the evidence
and by whom and how it was acquired, along
wirh the mandate from the top that
misconducr is not countenanced are
requirements thar ensure the constitution is
obeyed.
5. All evidence and all witnesses should
be scrutinized to be certain that it is accurate.
Thar should include asking defense counsel
ifhe/she has any informarion contrary to the
police investigation.
5. Know your evidence and follow the law
'to seek justice'.
6. Violent crimes, especially those
committed with a deadly weapon, should
not be recommended for probation/deferred
adjudication, absent some very compelling
circumsrance.
6. Supervisory control of plea-bargaining
should continue to include occasional
exceptions to policy: however, I support rhe
policies that are in place.
6. Heinous crimes.
February / March 2000 DOCKET CALL 11
Republican Candidate Questionnaire
(continued)
Leitner Kelley I Candidate
I
7. How much influence should
the complainant and/or the
complainant's (or decedent's)
family have in determining the
District Attorney's recommenda-
tion for sentencing?
S. In the upcoming term, which
areas (if any) of the District
Attorney's budget and/or
resources should be trimmed,
expanded, or reallocated?
9. In prosecuting the "War on
Drugs,1I under what
circumstances (if any) should a
prosecutor seek rehabilitation as
opposed to jail or prison
sentencing?
11. Under what circumstances
(if any) should the District
Attorney prosecute a domestic
violence case when the
complainant desires that the
prosecution be terminated?
12. What (if anything) would
you do to insure that the Harris
County District Attorney's Office
remains independent of special
interests?
7. Their voice should be considered.
8. The budget should be expanded for
techno-crime prosecution.
9. In any circumstances in which it would
make a difference.
10. What are your priorities for 10. I would improve tr a ining In
change and/or improvement in technology.
the Harris County District
Attorney's Office?
II. Where [here has been serious bodily
IIlJury.
12 . Continue to remain as I am,
independent of everyone, principle driven.
7. They should always have a voice In
sentencing. Their recommendation should
always be made as well as the State's
recommendation, even if they differ. If it
busts a plea, then so be it.
8. [ believe that a more efficient job could
be accomplished by reallocating resources,
rather than increasing or decreasing the
budget. Special areas, such as child abuse,
environmental prosecutions, etc. need more
resources. Third year interns could fill the
position of #3 prosecuOrs, and the atOrneys
be reallocated 0 the special divi sions.
I
r
9. Whenever indications would show that
justice would best be served by such a
puni shment. War has never meant take no
prisoners. The war would be much more
successful if we measured our success by
limiting drug use, and nOt just a body count.
10. I would utilize the staruOry cri teria )
as the only guide for determining when to
seek death. Most felony prosecutions are
h a ndled very well, but misdemeanor
prosecu tions are much roo routine. I believe
that indi vidualized should be
employed for every offender. The office has
0 become more specialized.
I
I
11. When there is a hi srory of abuse or
certain indicaOrs that serious harm might
come 0 the complainant, then and in that
event, their desires should not be controlling.
Their position in the matter should always
be considered, but not conrrolling.
!
12. That is something that will have 0 be
vigilantly watched for on a daily basis. It is
the type of thing that can sneak in and then
dest roy an office. Good, honest, and open
employees are the besr protection against
such abuse.
12 DOCKET CALL February / March 2000
Republican Candidate Questionnaire
(continued)
I Lyko. Rosenthal Stafford
7. The wishes ofrhe complainant or their
family members should always be considered
in both prosecution and punishment
recommendations. The ultimate decision
must be based on what is in the best interests
of justice.
7. Victims should always be consulred;
that said, all recommendations should be
based on the evidentiary strength of the case.
7. Significant input.
I
I
8. Emphasis should be placed on juvenile
crime, child abuse and domestic violence.
Trained personnel are required in these areas
to assure proper evaluation of proposed cases
and very capable prosecution of valid cases.
Intervention programs with Child Protective
Services and related agencies are vital.
Sharing data saves lives and money.
8. I want an outside audit or our office to
see if resources can be reallocated to fund
more aggressive investigations in the areas
of public integriry and white-collar crimes.
8. The District Arrorney's budget may
need to be expanded in the areas which
involve criminal acts perpetuated against
children and senior citizens.
I
9. There should be "therapeutic" drug
courtS where drug users accused of possession
of small quantities of drugs are given the
choice between being locked up or strictly
supervised drug treatment and
rehabilitation. In other words, "give up drugs
or go up the river!"
9. Rehabilitation is always a key goal. The
Texas Professional Prosecutor's Act requires
prosecutors to be cognizant of sentencing
options. I am also a firm believer that some
jail time is a very good motivational tool in
encouraging rehabilitation.
9. None.
i
I
10. I propose evolutionary changes
stressing excellence and more career
opportunities; outreach to the bar and the
community and law schools. Coordinate
efforts with law enforcement agencies from
the precinct level to the federal.
10. In addition to the areas listed above, I
am planning to interface area police agencies
to close the holes in the "dragnet" . I would
also like for this office to become more active
in the legislative process. Additionally, I am
interested in outreach to members of the
minority community to make this office
more "user friendly".
1O. Maintain the quality of the office and
ensure that resources adequate to increase
protection for children and senior citizens
exists.
11. See answer to No.7 above. 11. In any case where the offender will
not submit to therapy for his/her problem
and the case can be made from an evidentiary
standpoint.
11. I do not favor terminating
prosecutions in those circumstances.
12. During my career, I have been 12. Remain beholding to no one. 12. My job IS to enforce the law
subjected to pressures varying from death irrespective of personalities or special
threats ro subtle inducements. I have won interests.
four general elections, three of which were
contested. Judicial colleagues and I have been
sued. At all times, I have maintained the
honor and independence of the judiciary. My
record speaks.
February / March 2000 DOCKET CALL 13
----------------
MemberProfile
Nrume ___________________________________ BarCMd _______________________
Address _________________________________ Ci ty, State, Zip ____________________
Phone __________________________________
a x ~ ~ ~
E-mail _______________________________
Web Site Address:
Would you like us to place a link to your web site on the HCCLA web site? DYes ONo
Would you like us to include you in the HCCLA referral directory at the home/office? DYes ONo
Areas of Interest
We would like to provide both web site links and member directory listings of attorneys by Mea of interest with the
hope of improving the network around areas of specific knowledge. Please check off those Meas that you consider
yourself particulMly knowledgeable about.
0 A ppell ate Issues D Environmental Crime D LandlordlTenant 0 Search and Seizure
D Arson D Ethics Issues Issues 0 Selective Prosecution
0 Artifact Cases D Evidence D Medical Defense 0 Sentencing, State
D Battered Women's 0 Expert Witnesses 0 Mental Illness Issues 0 Sentencing
Syndrome 0 ExpWlction 0 Military Justice Guidelines, Federal
0 Child Sexual Abuse 0 Extradition D Mitigation D Sex Offenses
0 Child Pornography D Family Law D Municipal Court D Social Security
D Civil Disobedience D Federal Law Practice Disability
0 Civil Rights D Federal , White Collar D Non-English Speaking 0 Stalking
0 Computer Crime D Fish and Game Clients 0 Tax, Federal , Tax
0 Confessions Offenses 0 Parole Issues
0 Constitutional Law 0 Forensics 0 Plea Negotiations D Traffic Crimes
0 Contempt Defense 0 Forfeiture D Pornography I nfract ions
0 Death Penalty D Fraud, White Collar D Post Conviction Relief D Trial Preparation
D Discovery Crime D Prisoner Rights D Use of an Interpreter
D DNA Issues D Grand Jury D Prosecutorial 0 Weapons Defense
D Domestic Violence D Habeas Corpus Misconduct 0 Wiretapping
D Double Jeopardy D Immigration 0 Prostitution
D Drugs D Intoxilyzer D RICO
D DWl 0 Jury Selection D Robbery
D Juvenile D Scientific Evidence
In order to update our records, please fill out the above form and fax it to Jay Skelton at 713-529-2999.
HCCLAandSouthTexasCollegeofLaw
present
WhiteCollarCrimeConference:
BusinessCrimesinStateand FederalCourt
May11.12,2000
atSouthTexasCollegeof Law
Speakers include:
Joel Androphy
David Berg
Becky Burks (U.S. Probation Officer)
Dick DeGuerin
Doug Durham
Larry Finder
Tom Hagemann
Rusty Hardin
Richard Haynes
Phil Hilder
Mike Hinton
Hon. Nancy Johnson
Michael Ramsey
Lisa Reed (U.S. Probation Officer)
Robert Sussman
Ron Woods
9.5 hours ClE, including 1 hour of
ethics.
$175 for HCClA members ($70 off the
regular price) .
Attendees will receive West Group's
White Collar Crime treatise, with form
disks (a $155 value)!
TO REGISTER:
Call 713.646.1757
Or visit http://www.stcl.edu/cle/cle.html
14 DOCKET CALL February / March 2000
CAPITAL MURDER TRIALS
SEMINAR
:M:arch 23-24, 2000
"\'Vestin Galleria Oaks Botel
Co-Sponsored byT.C.D.L.A., B.C.C.L.A.
and G.C.C.L.A.
Social 111*
for all
B.C.C.L.A.
:rn.e:rn.bers
Thursday, :M:arch 23rd
6:00-7:30 p.:rn..
Spy - 112 Travis
Free Buffet Cash Bar
CAPITALMURDERTRIALS
Please complete and send this registration form by mail to TCDLA 600 West 13th St.
Austin, TX 78701-1700 or by fax to (512) 469-9107.
~ e ________________________________________
Bar Card # _____________________________________
d m e ~ _______________________________________
City, State, Zip ____________________________________
Phone _______________ Fax _____________________
E-mail
---------------------------------------
Current TCDLA Harris County or Galveston
Criminal Lawyers Association Member $250.00
Non-Member $325.00
Update your membership or join and get the seminar at the member price!
New Member or renewing member licensed less than 2years $325.00
Renewing membership and licensed more than 2years $400.00
Early Registration ends March 9th After that date, please add $ 50.00
Can't Anend? Buy the book! $ 89.30
Audio Tapes $108.25
1999 Death Penalty Manual (Less than half price) $ 40.00
I am applying for ascholarship by March 3rd
Check enclosed (Make Payable to TCDLA)
Charge my Visa American Express
Master Card Discover
Name on Card
Your Total____
------------------------------------
Card Number
------------------------------------
Please check here or call the office if you require special assistance.
~ will be happy to help you in any way we can.
Please call Randy at 512/478-2514 or cbeck out our
Web site - www. tedia. com for information!
February / March 2000 DOCKET CALL 15
HarrisCountyCriminal LawyersAssociation
MembershipSurvey
ALL RESPONSES ARE STRICTLY CONFIDENTIAL
Instructions: This questionnaire will only take 15-20 minutes of
your time. HCCLA will utilize it to railor programs and services to
your needs. Thank you for your response.
YourCriminal DefensePractice
1. Years of experience in criminal defense
o Less than 2
03-5
05-10
0
0
10-20
Over 20
2. Number of jury trials
o Less than 5
05-10
o 11-20
020-40
041-60
o More than 60
3. In the past 12 months, looking solely at the time spent in the
defense of criminal cases, what percentage of your criminal
defense practice is:

o :'>17l /a
o -'(f % 17
Private
Court Appointed
(State)
Court Appoi nted
(Federal)
Salaried Public
Defender
Pro Bono
4. In the last 12 months what percentage ofyour time in criminal
defense matters was spent on cases in the following courts? (Mark
all that apply)
Federal appellate courts
Other federal courtS
State appellate coures

'U'o '..>Vo /00.
-'(f % -'(f -'(f %

TraftJc courts
Other cou n ry courts
Milirary Courts
Administrative Hearing
Juvenile Courts
Other municipal CourtS
5. During the last 12 months, what percentage of your time
spent on criminal defense matters was spent on each of the
following:
Pre-trial and trial work %
Appellate %
Post-conviction (other than appeals) %
Other (Please specify) %
6. During the past 12 months, what percentage ofyour criminal
defense practice have you devoted to each of the following areas:

s -& So
<Vo '..>l1"0 00
0
-"6 -'0 -'0 -'0
Property offenses
(robbery, burglary, etc)
Personal offenses
(murder, assault)
Drugs
(disuibution and possession)
Social crimes (prostitution,
obscenity, pornography)
White collar crimes
(corporate tax, bank fraud)
Drunk driving (including felony
and misdemeanors)
Other misdemeanors
and traffic violations
16 DOCKET CALL February / March 2000
Harris County Criminal Lawyers Association
Membership Survey(continued)
Continuing Legal Education (CLE) Programs
7. Please list all the CLE programs, lasting one day or longer,
that you have attended in the past three years and the name of
the organization that sponsored them.
8. The following is a list of factors that we are considering
improving in HCCLA CLE programs. Rank this list of factors
in order of importance to you (1 being important and 5 being
unimportant) when you make a decision regarding whether to
register for a seminar.
Lower seminar tuition
_ Less expensive locations
Resort locations
_ New topi cs
_ New speakers
_ Increase quality of speakers
_ Increase quality of written materials
Lower cost of soci al events
_ Weekend programming
_ Your suggestions ______________
9. Where would you like HCCLA to place its emphasis when
scheduling Continuing Legal Education programming? Please
rank the following formats from 1 to 5 with 1 being the format
that most interests you.
_ Multiple general criminal law topi cs
_ In-depth study of a specialized area of criminal Jaw
Basic skills or information
Advanced skill s or information
_ Other: (Please specify) ____________
10. Potential subject areas for future CLE programs are listed
below. Put a check mark in the column that best describes your
attitude towards attending a seminar on each of the topics listed.
Trial tactics
White collar cri mes
Developing and building
a criminal practice
Right to counsel
~ ~ ~ ~

tk ~ , , ; , ~ It-
o" <"6. '1"t: ~ . . 0
i-"<,, 11:0 t})QJ. "%" i-"(,, ( , , ~
~ Q Q ~ ~ ~ Q
Drug law developments
Forteiture proceedings
Forensics
Computers: Office
managemenr applications
Spanish Language Training
Sentencing
Sex crimes
Appellate issues
Immigration
Motion practice
Juvenile law
Environmental cri mes
Basic skills program
Advanced trial skills program
Plea negotiations
Death penalty
ProsecutOrial misconduct
Ethics
Profiles of highpublicity cases
Money laundering
OWl
Demonstrative evidence
International extradition
Minority and women's Issues
February I March 2000
DOCKET CALL 17
Harris County Criminal Lawyers Association
Membership Survey( continued)
11.Whatlengthofprogramsdoyou prefer? (Circleonlyone)
a) Full day- lunchon yourown
b) Full day- withluncheonspeaker
c) Halfday (fourhours) in the morning
d) Halfday(fourhours) in theevening
e) Two full daysessions
f) Two halfdaysessions (four hours persession)
g) Shortprogramsvia Internet
12.Whatdays oftheweekare bestfor two-daycourses?
oMon/Tues 0 Thurs/Fri 0 Fri/Sat
13.Whatdayoftheweekis bestfor aone-dayor
half-daycourse?
OMon oTues oWeds
oThurs oFri oSat
14. Belowis alistofcurrentandPOTENTlALHCCLA
programproducts. Pleaseassumethatthetopicisofinterestto
you. Indicateyourlevel ofinterestinpurchasingtheseby
enteringanumberbetween 1and5with 1beingnotinterested
and5 beingveryinterested in purchasingtheproduct.
Individualseminarnotebooks
_ CLEmonograph (groupingofmaterials by ropi c)
_ Audio tapes ofseminars
_ Replays ofvideotapesofHCCLAseminarsathotels
in major metroarea
_ VideotapesofHCCLAseminarsfor use asCLEshown
atyouroffi ce orassociation atyourconvenience
_ Videoand pamphl ets for families andclientssuch as
_ Preparing forTrial or
_ Whatto dowhen yourLoved OneGoes to Prison
TextbasedCLEseminarson theInternet
Audio based CLEseminarsontheInternet
_ CLEseminarsvia the telephone
Membership Benefits and Services
15.Whatpromptedyou to joinHCCLA?
Friend'srecommendation
_ Flyer in the mail
Memberdiscounton CLE
Other:__________________
16. Howimportantwaseachofthefollowinginyourdecision
tojoinHCCLA?EvaluateeachonascaleofI (I beingno
importance) to 5 (5 beingVeryimportant).
Importance to you 2 3 4 5
Quality ofCLEseminars 2 3 4 5
Recommendation
ofanothermember 2 3 4 5
Membersservices offered (including
Lawyers' AssistanceStrike Force, web site,
networking,professional contacts,etc) 2 3 4 5
LegislativeWork 2 3 4 5
Other(Pleasespecify) _______________
17.Whatdoyou like mostaboutHCCLA?
18.Whatdoyoulike leastaboutHCCLA?
19. Do you feel that you have the access to particIpate in
committee, boardandotheractivities ofHCCLA?
oYes 0 No
20.Pleaseindicatethequalityof theresponseyoureceivedwhen
interactingwith theHCCLA?
oPoor 0 Fair 0 Good
oVeryGood 0 Excellent 0 No Interaction
21. Ofthefollowing HCCLAresources, please indicatehow
manytimesyouhave usedeach resource in thepastyear,and
individuallyrateeach resource in orderofimportancetoyou
usingascaleof1(1 beingofnoimportance) to 5 (5 beingvery
important).
Rate Importancefrom I (low) to 5 (high) TimesUsed
List Serve 2 3 4 5
Strike Force 2 3 4 5
Web Site 2 3 4 5
DocketCall 2 3 4 5
Referral Service 2 3 4 5
22.Are thereotherservicesyouwould want HCCLAtooffer?
oYes, pleasespecify:______________
ONo
23. Pleaserate thefollowingPOTENTlALservicesintermsof
theirvaluetoyouusingascaleofI (1 beingofnovalue) to 5 (5
beingveryvaluable)
Retirement plan
Health insurance
Life insurance
Disabilityinsurance
NoValue
1
1
1
2
2
2
2
2
3
3
3
3
3
4
4
4
4
4
Very
5
5
5
5
5
18 DOCKET CALL February/ March2000
Harris County Criminal Lawyers Association
Membership Survey( continued)
Carrental discount 2 3 4 5
Officesuppliesand equipment 2 3 4 5
Overnighrcourierservices 2 3 4 5
Law pracrice managemenr:
Advisoryservice 2 3 4 5
Workshops onsrress reducrion in
rhe pracriceofcriminal law 2 3 4 5
Confldenrial horline for members
wirhsubsranceabuse problems or
orherwise in emorionaldisrress 234 5
HCCLAOnlineDiscussion Forum
which would allow publicand
privare messageexchanges between
subscribingmembersand compurer
access ro briefs, morions,erc. 2 3 4 5
Association Priorities
24. Ranktheactivities ofHCCLAfrom 1-5 (l beingmost
importantro you):
__Legislarive work
__Legal publicarions
__Legal assistance
__Fellowship
__Training
25. Should electionsfor HCCLABoardofDirectorspositions
becontested?
oYes 0 No
26.Whatinformationwould like to haveavailable from the
HCCLAwebsite?_________________
27.Listyourtop3 legislativepriorities for the2001 session.
Law Office Management
28.Pleaseindicatethetypeofcomputerequipment,ifany,you
usein yourpractice? (CircleaJl thatapplyandindicatespeedof
processor)
I) IBM comparible/ Macintosh personal computer on a
network______
2) IBM comparible/ Macinrosh standalone personal
compurer_______
3) IBM comparible/ Macintosh Portable compurer
4) Mainframe
5) Donor have compurerequipment
29.Whatwordprocessingprogramdoyou use? Pleaseprovide
versionandbrand (i.e. MicrosoftWord6.0 forWindows)
30. Please indicate which ofthese features you can ACCESS
NOWbymarkingwithan"A" orPLAN ro beableto accessinthe
next6months bymarkingeach witha "P." Home/Office
/ E-mail
_/_WebPage
_/_ Inrerner Explorer_/_ Nerscape
_ /_ Sound Card and speakers
/ 28K modem orless
_ /_ 56K Modem orhigherbur notHighspeed
_ /_HighSpeed InrernerAccess Cable
ADSL
ISDN
_ /_ Video conferencing
_ /_DocumentAssemblySoftware
/ Scanner
Onlineelectronic research service.Which one?
_ /_ OfflineElecrronic research. Whichone?
32. Please indicate whether you use the services ofthese
professionals inyour practice.
ExpertWitnesses oYes ONo
Paralegal oYes oNo
Invesrigaror oYes oNo
ComputerConsulrant oYes ONo
JuryConsulrant oYes ONo
General Demographics
1.Which bestdescribesyourcurrentposition in law practice?
oSolo Pracririoner 0 Partnerorshareholder
oAssociarein a firm 0 Ofcounsel ro a firm
oPublicdefender 0 Orher(Pleasespecify)
2.If you are asolo practitioner,which bestdescribes the
organizationalsettingofyourpractice?
oSolo practicewirh non-lawyersupporr
oSolo pracricewirh no support
oSolo pracricesharingofficespace
oOrher(Pleasespecify),_________ _
3. Howmanylawyers are in yourentirefirm oragency?
_ ____lawyers
4. Howmanyofthese otherlawyersdefendcriminalcases?
_____lawyers
February/March 2000 DOCKET CALL 19
Membership 5urvey( continued)
5.Wherein HarrisCountyis youroffice
is located?
oDowntown oGalleria!Greenway
oHeights/Montrose ON/NW
OW/SW oS/Pasadena/DearPark
o t h e r ~ _______________
7. Howmanyyears haveyou practiced law?
______years
8.Whatis yourgender?
oFemale
oMale
9.Age
oUnder20 0 40-49 021-29
050-50 030-39 060orover
11. Howmanyyears haveyou beena memberofHCCLA?
o0-2 0 2-5
05-10 oMore than 10
12.Whatwasyourpersonaltotalnetincomefrom thepractice
oflaw for 1999? For consistency, indicate the income after
deducting office overhead and other ordinary and necessary
businessexpenses, butbeforeyourmonthlytaxes anddeductions
forFICA,insurance,andpensionfunds. Pleaseaddanycompany
firm contributions to pensionsorprofitsharingplans.
oUnder$10,000 o$11,000-$29,000
0$30,000to $59,000 o$60,000 to $100,000
oOver$100,000
13.Whatpercentageofyourincomewas derived from the
defenseof criminal cases? %
14.Whatpercentageofyourincomewas derived from court
appointmentsto defend indigentdefendants? %
15.Whatis yourethnicbackground?
a) Caucasian
b) AfricanAmerican
c) Hispanic
d) Pacific Islander
e) American Indian
f) Other(Pleasespecify) ~ ~ _________
Thankyou for taking the time to rut outthis survey. Ifyou
haveanymorecommentsyouwouldliketopassalong,pleaseuse
thespaceinthenextcolumnand/orincludeaseparatesheet. We
will read andconsideranyandall commentsyou make.
PLEASEcompleteand returnthisSurveyandProfilebyMarch
15, 2000. It may be faxed back to (713) 572-2483 or mail to
H.C.C.L.A., P.O. Box 22773, Houston,TX77027.
20 DOCKET CALL
February/ March2000
Hearsay
NotGuiltyVerdicts
Emily Munoz - Theft in CCCL#2 (First
jury trial after leaving the DA's Office) .
Alice DeGregori Morales - Assaulr in
CCL#3.
Tucker Graves - 2500 Ib marijuana,
federal court, Corpus Christi.
Wayne Heller - murder in the 208,h
District Court.
Rick Cascleberry - Assault in CCCL #7.
David Wyborny - aggravated assault in
the 339'h District Court.
Yalila "Lee" Guerrero - Assault of a Police
Officer and Possession of Controlled
Substance (habitual) in the 228th Distri ct
Court.
Others
Joe Salhab and Olivia Nunnery - Life
sentence when death penalty sought in the
339'h District Court.
Robert Morrow and Gerald Bourque -
Life penalty when death penalty sought in
the 182,d District Court.
Bo Hopmann - Felony aggravated sexual
assault of a child, reduced to misdemeanor
assault with probation in Wharton County
329
m
District Court; motion to suppress in
Galveston CCL# 1.
George Young - dismissal of charges in a
criminal rrespassand theft of service case in
Liberty County; a 4.5 -year prison term and
10 -year parole for his client with a prior
felony conviction after a trial in the biggest
delivery of a controlled substance case in
New Jersey history.
Troy Locklear - reversal and remand in
the Court of Appeals on a misdemeanor
assault.
Norm Silverman and Abby Weinhauer -
reversal and remand on a doctor charged
with misdemeanor assault.
Congratulations to Jack Carroll on
becoming Board Certified in criminal law
and to Mark Bennett for the summary
judgment he won defending one of our
brothers against a $1 million malpractice
action .

DOWNTOWN / MARKET SQUARE
307TRAVIS
HOUSTON,TEXAS 77002
713-247-9207
SERVING
UQUOR, WINE and BEER
Deli Sandwiches
Soup & Chili
Daily Until Closing
LUNCH SPECIAL
Mon-Fri
11:00A.M. - 2:00P.M.
Open 365 Days A Year
Till 2:00 A.M.
SpeakingOpportunities
Name:__________________________ __
Would you be interested in speaking on a topic
for Harris County Criminal Lawyers Association?
If so, please list the topics that you would be
willing to speak on and write about. Substantive
papers with practice advice and up-to-date picture
of the law are required for all seminars. Itis not
essential for you to have experience before being
considered for a presentation. However, the level
of your experience will have an impact on the
type of seminar you are considered for, so please
list that experience, if any.
CommitteeInvolvement
Please suggest committees you feel are
important and that you would be willing to serve
on in the 2000-2001 term.
Fax response to HCCLA at (713) 529-2999.
DOCKETCALL 21
February I March 2000
BURNS BAIL BONDS
FAMILYOWNEDAND OPERATED SINCE 1971
We advocatethatapaid-in-fullattorneyisa client'sbestdefense
Refer a DWI bond and receive a free DWI video We testify at bond reduction hearings
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John, Shaun, Carol, Shannon, Shelby, andChris
713-224-0305
809Houston Avenue Houston, Texas77007
22 DOCKET CALL
February/ March 2000
929 Preston, Suite 200
Houston, Texas 77002
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