Texas — Prosecutors — Galsworthy Criminal Justice Reform Program

A Texas Prosecutor Fights for Reform

“The position of the district attorney in American politics has changed rapidly in the past few years, as progressive DAs have swept offices across the country with plans to reform the criminal-justice system from within. While most of the prominent DAs are in Democratic states, Creuzot, a former judge who has been registered as both a Democrat and a Republican, has emerged as one of the highest-profile DAs trying to enact progressive policies in a red state.“

The Atlantic

October 24, 2019

State ReformsPhillip ReevesOctober 24, 2019The Atlantic, John Creuzot, TexasComment

Dallas County DA's new policies aim at ending mass incarceration

“Cruezot released his reform initiatives on Thursday that focus on ending mass incarcerations. Those who know Cruezot well consider him pragmatic, innovative and a problem solver. He's only been in office 100 days, but he says the new initiates are the foundation of what will ensure justice is fairly and evenly dispensed to all Dallas County residents and very likely save taxpayer money along the way. “

Fox 4 Dallas

April 11, 2019

State ReformsPhillip ReevesApril 11, 2019Fox 4 Dallas, Texas, DallasComment

Texas Plan to Execute a Man for a Murder He Didn't Commit

“Under the law of parties, if people conspire together to commit a felony (in this case, armed robbery), and one person commits an additional felony in furtherance of the first one that could have been anticipated, ‘all conspirators are guilty of the felony actually committed, though having no intent to commit it.’ In other states, a similar doctrine is known as felony murder.“

The Appeal

March 28, 2019

Death Penalty, SentencingPhillip ReevesMarch 28, 2019The Appeal, Texas, Felony-murder LawComment

D.A. who ran as reformer says she needs 100 more prosecutors

“The district attorney of Harris County, Texas, formally asked the County Commissioners Court last month for $20 million to hire about 100 new prosecutors, an increase of 31 percent. DA Kim Ogg told the commissioners at the Jan. 29 budget hearing that she needs the new attorneys to handle a backlog of cases that have clogged the courts since Hurricane Harvey. Ogg was hailed as a “bold” criminal justice reformer for campaigning in 2016 on a platform of bail reform and diverting low-level drug offenses. But activists have questioned her actions since her election.“

The Appeal

February 8, 2019

ProsecutorsPhillip ReevesFebruary 8, 2019The Appeal, Kim Ogg, Houston, Harris County, TexasComment

DA Johnson's Silence Is Deafening to Organizers Fighting to End Mass Incarceration

“Johnson sought for the teenagers to be tried as adults, and the public hasn’t really heard much about it from her since. Organizers and nonprofits focused on issues of mass incarceration and criminal justice got to work on strategies of their own. Brianna Brown from Texas Organizing Project said ending mass incarceration cannot come to fruition without making sure kids are tried as kids.“

Dallas Observer

November 1, 2018

SentencingPhillip ReevesNovember 1, 2018Dallas Observer, Texas, DallasComment

The Senseless Legal Precedent That Enables Wrongful Convictions

“This week, however, the Fifth Circuit Court of Appeals threw out his lawsuit, siding with the city’s defense that it wasn’t legally liable for the guard’s actions. But the judges also rejected Alvarez’s constitutional argument. Yes, the court said, prosecutors have to turn over evidence that may prove a defendant’s innocence for a criminal trial. But that constitutional right doesn’t apply when the defendant agrees to a plea bargain, they concluded.“

The New Republic

September 21, 2018

DiscoveryPhillip ReevesSeptember 24, 2018The New Republic, 5th Circuit Court of Appeals, Texas, Brady ViolationsComment

Commentary: How Texas courts can do more to avoid wrongful convictions

"Adam Sibley, the Bosque County district attorney, is the prosecutor in the Bryan case. Sibley was not in this position 30 years ago when Bryan was convicted, but he was the assistant DA in this county since July 2012 and has been the DA since January 2017. Sibley has steadfastly refused to consider the possibility of Bryan’s innocence, opposing DNA testing of crucial evidence. "

Austin American-Statesman

August 14, 2018

False ConvictionsAnthony BradleyAugust 16, 2018Austin American-Statesman, Texas

TX: Discovery Better Late than Never? The Fifth Circuit Apparently Thinks So

"One major hurdle in these delayed-disclosure cases is that courts put the burden on the defense to prove that the delay prejudiced them. It then discounts any argument made on the basis that it is speculative. Why should the defense bear the burden when the Government has either intentionally gamed the system or unintentionally failed to meet its obligations?"

The Open File

July 18, 2018

TX: In Harris County Capital Cases, Prosecutors Get to Be the Judges

"While it is not unusual for judges to ask parties to submit proposed findings before they make a ruling, it should be unusual for them to simply adopt one party’s document without reading it, without editing it, without considering it. The fact-finding process is meant to be adversarial, even more so in high-stakes capital cases. When courts just adopt the State’s documents verbatim, due process is rendered meaningless; judges have ceded whatever authority they have, handing it over to the State."

Prosecutorial Accountability Project

June 19, 2018

If a Prosecutor Breaks the Law in Secret, Does the Crime Exist? Not According to Texas Prosecutors

"Prosecutorial misconduct often takes years — and a fair amount of luck — to unearth....Since that’s the case, it hardly seems fair to use only cases in which a court has granted relief as a measure of the extent of misconduct."

The Intercept

June 15, 2018

Prosecutors, Drug CrimeAnthony BradleyJuly 29, 2018The Intercept, Misconduct, Texas, Gang Crime

Texas Cracks Down on the Market for Jailhouse Snitches

"The new law requires prosecutors to keep thorough records of all jailhouse informants they use — the nature of their testimony, the benefits they received and their criminal history. This information must be disclosed to defense lawyers, who may use it in court to challenge the informant’s reliability or honesty, particularly if the informant has testified in other cases."

New York Times

July 15, 2017

ProsecutorsAnthony BradleyJuly 27, 2018New York Times, Texas, Snitches, Informants