Archive for the ‘Cops and Officers’ Category

Police will not renew support of Harris County DA Lykos

December 3, 2011

Police will not renew support of Harris County DA Lykos.

I want to share some Kelly Case with you. We need more lawyers like him. Government saying “Trust us” shouldn’t be good enough to brand us.

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Pay That Ticket?

November 6, 2011

Recently, I tried a case to a jury in a local Municipal Court. It really didn’t take long at all and the jury’s decision was Not Guilty. Why would someone want to spend their time and money and contest a ticket?

I initially thought that Don wanted me to get him “Deferred Disposition” to keep the citation off his driving record because that is what most people want. It is easy, relatively inexpensive, and avoids the risk of conviction. I’m glad Don insisted on a trial in his case.

Don was charged with driving through a business parking lot to avoid congestion, as were many other citizens. We all know that we aren’t supposed to cut through the corner gas station to avoid the intersection, but Don’s situation was different. Yes, Don wanted to avoid the congested intersection. Don’t we all want to do that at times? I’d rather drive all over town for an extra 30 minutes, than sit still in traffic. Anyway, Don turned into a marked left turn lane to take a left off of a major roadway onto what appeared to be a public roadway. Once he turned left, the only options he had were two make a U-turn and go back or turn right in front of a Montessori School. It appeared that a road for “thru traffic” will be completed in the future.

At trial, we learned that many people were doing the same thing and the Montessori school had been complaining about it. It looked like a public street and there were no signs notifying the public otherwise. By the way, if you ever decide to cut through a parking lot, make sure you come to at least one complete stop during the crossing then it won’t be an offense. As the Court was excusing the jurors to deliberate, one of the jurors asked, “How many other tickets were issued to others at that location?” The judge couldn’t answer, but I appreciated his question. I wonder how many of our citizens received the same citation and gave their money to the city?

All of us should seriously consider using our resources to contest charges in Municipal or Justice Courts, especially, when we feel the accuser made a mistake. Like George Roland said, “If you keep doing what you’ve been doing, they’ll keep doing what they’ve been doing.” Regardless of the jury’s decision, our accusers will be held accountable. Our system works better when “the people” run the show.

Is it really just a ticket?

Pat Barber, a Lawyer from Colorado City, Texas

September 25, 2011

Pat Barber burns his sign

Pat Barber, a lawyer from Colorado City, Texas recently passed away. I never met him, but I wish I had because he had an influence on me and he never knew it. He reminded me of me, and he backed up his beliefs with his money. Pat caught my attention when he put up a billboard at his Ranch on I-20 “Just Say No to Searches”. Although the Government has no problem with billboards advertising fantasies, liquor, and their propaganda, they didn’t like Pat’s message. After a long fight, they finally shut him down. Pat refused to take his sign down, instead he burned it.

http://www.justsaynotosearches.org/index.php/newsmenu/72-article-by-pat-barber-

Stopped by Police with alcohol on our breath- Now what?

September 20, 2011

Well, thanks to politics and the bandwagon folks, along with all their propaganda, our chance of continuing on our journey is unlikely whether we are intoxicated or not. The problem for me is that I sometimes like to go out for Oysters. Milk with my Oysters just doesn’t sound like a good combination, but a Blue Moon with them does. Note: This does not apply to anyone under 21. If you are under 21, it is illegal to drive with any alcohol in your system.
They (who are they?) come into our lives through television and billboards with statements that don’t reflect our law. “Drink, Drive, Go to Jail”; “DWI, you can’t afford it”; “Buzzed Driving is Drunk Driving”; “Drink, Drive, You Lose”. They attempt to pressure all involved in the process even though the legislature is clear about drinking and then driving. Besides, whether we are buzzed on Starbucks, alcohol, or our prescribed medication, we can easily still have the normal use of our faculties and often times, better than normal. I’m thinking about a game of pool right now. If you are 21 or older, it is not against the law to drink and then drive as long as we aren’t intoxicated. Intoxication is “not having” the normal use of faculties by reason of alcohol, drugs, or a combination, and it is Not– “Not having” the normal use of faculties because we are tired, sick, weak, or uncoordinated even with some alcohol in our system. The field sobriety tests are designed for people to fail them. They are done on the side of the road, usually at night, where we don’t have a good visual frame of reference. Our vision is most important element in keeping our balance. When they are not performed perfectly, the State says intoxication is to blame. If the legislature wanted the law to be no driving with any alcohol in our system, they would make it the law.
What would I do if stopped on the way home after my Blue Moon and Oysters?
Answer- It depends. I’ve seen a lot over the last 22 years. The machine the state uses is not accurate to determine a quantitative amount of alcohol in our blood, regardless of what their witnesses will say. It is the alcohol in our blood that can affect us, not our breath. No breath test can be accurate, especially since we all have different blood/breath ratios. The machine is only good to show whether alcohol is present in the breath. The Horizontal Gaze Nystagmus test (HGN) is a joke and any perceived nystagmus (jerkiness of the eyeball) is never video recorded for a judge or jury to see. Any misstep on the walk and turn and 1 leg stand will be attributed to alcohol and not my age, hour of the day, bad knee, health, or nervousness. The officer will not investigate any of those issues. I know that if I refuse to give a breath sample, many officers will get a warrant to take blood from my body against my will.
The reality is that anytime we drink and drive, we are taking the risk of being arrested. (“They” like it that way) So, it is best not to drink and drive. But, do we want them deciding what the law is, or should be, by using the fear of arrest to deter the innocent drinking and driving? Not me. And so, when I drink and drive, I will not be intoxicated. I will not drive in fear. If I am stopped, I know that the officer will smell the odor of the alcohol beverage on my breath. I know the pressures he/she is working under and I know the officer is not on my side. I will give him only the information required of me. We are required to give them our name, date of birth and our residence address. We are not required to give it audibly. I will not necessarily answer questions about where I’ve been or where I’m going or how much I’ve had to drink. It is none of their business. Instead, other than identify myself, I may invoke my right to consult with a lawyer before answering any questions, sign anything, or do anything, even when he tells me that I don’t have that right. I will be respectful and courteous even when invoking my rights. And, in response to the statement from the officer that he smells alcohol on my breath, I might say, “It should, I had a beer with dinner”. I will not agree to any breath testing, even if it means I will have my driver’s license suspended. Why do I use the word “never”? I suppose, I could agree to take a breath test after I give a sample of my blood. They wouldn’t want to have both for comparison though. That is probably why the officer will never tell you that you have an independent right to a blood test within (2) hours after you provide a specimen of your breath. Even if you knew about that part of the law, good luck getting the independent blood test if you are locked up. In addition, don’t let the intended fear of losing your driver’s license scare you. We can always apply for an Occupational Drivers’ License. Although the officer will want to conduct some “Field Sobriety Tests” on me, I will not allow the officer to conduct any tests on me and that includes the HGN where he would watch the eye ball move as I follow his pen from side to side. By the way, they will usually phrase their request in a way to make you think, it is no big deal and it is just a formality. i.e. “I’m just going to do a few tests to make sure you are o.k. to drive”. They are trained to phrase things in ways to get what they want, and to me, it is being dishonest. There is a part of me that may make a wager with the officer. “I will provide a blood specimen, provided that if the test shows that I’m under a .08, you agree to pay me $1,000.00 and if the result is .08 or more, I’ll pay you $3,000.00. But, the blood tests have their limitations also, so I may refuse everything. If, for any reason, I had any difficulty in conversing with the officer, I would identify myself with my driver’s license and invoke my right to remain silent.
In the end, it is the State who will have the burden of proof of Beyond a Reasonable Doubt before they can brand us with a DWI. Hopefully, a jury or good judge can endure the unjust pressures and require the State to meet their burden and make the right call. Beyond a Reasonable Doubt should be more than just a phrase used to give Americans the appearance of fairness.

Who is Timothy Cole?

April 10, 2009

Timothy Cole is the name of a man who once lived on this earth. Tim spent the last 13 years of his life in prison for a crime that he did not commit. When he was 25 years old, he was wrongfully convicted of raping a white woman and spent the next 13 years of his life in prison. I said white woman didn’t I? Does it matter? Well, it shouldn’t matter, but I believe everything matters when you are the one sitting in that chair with (12) jurors staring at you while the witnesses point at you and say, “He is the one, the black man wearing the black suit with the white shirt”.

We could say, “Well, our system isn’t perfect” or “that is just the way it goes sometimes”. But, we won’t do that when it is happening to “one of our own”.

Let’s think about what we are doing between the ages of 25 and 38. I’m leaving Texas Tech about a year before Tim was accused of rape. Tim is enjoying his life as a Tech student. Maybe he is thinking, “Life is good”. He has already served in the military. His parents, a Bell Helicopter manager and a schoolteacher, are proud of their son. Tim has no idea, or thought, that he will ever be accused of rape and be locked up for the rest of his life. Meanwhile, I’ve just experienced one of the best times of my life at Tech. I’m not thinking about the Tim Coles among us because it is all about me, and my life.

Tim is sitting in prison, and I am in Houston going to law school. My purpose is to go get a law degree so I can get out and make some money. Isn’t the money, the reason we live on this earth? The thought of defending Tim or anyone like him doesn’t enter my mind. Tim sits in his cell today as he does everyday, and I’m going to the beach in Galveston; riding my bicycle down the seawall; throwing bread at the seagulls; fishing in Baytown; catching a lot of shrimp; going out with my friends; and spending time with my family. Tim is spending time with his family too. He has a phone at his ear and a glass barrier in between him and his mother. He can see her tears slip down her face. My time with my family is more than a telephone call and I take it for granted. I don’t realize how special it is to be able to hug someone.

We are playing cards and board games at the lake house with my family while Tim is playing cards with other men in prison. The floor is a cold concrete floor with a drain in the middle of it. There is a stainless steel commode without a seat or a privacy door. The toilet paper is worse than what we get at a roadside park, like the one near Benjamin, Texas. Of course, there are no girlfriends or wives as God intended for us.

Well, I’m 29 years old now and have met the girl I’ve hoped for and we are getting married. A few years of living life go by and we have all three of our children now. Time is flying by for me, but Tim’s time is moving slower.

It is 1999 and I’m in Wyoming attending the Trial Lawyer’s College. It is beautiful out here and I’m learning things that I wish I learned in law school. Tim is in prison dying today from being locked up for 13 years, but the prison officials are calling it asthma complications.

On April 7, 2009, Judge Charlie Baird exonerates Timothy Cole. Judge Baird cited poor police work that destroyed, “downplayed or deliberately ignored” evidence showing that Cole did not abduct and rape a fellow Tech student. “The evidence is crystal clear that Timothy Cole died in prison an innocent man, and I find to a 100 percent moral certainty that he did not commit the crime of which he was convicted.” Judge Baird called for reforms to eye-witness identification, prisoner access to scientific evidence that could prove their innocence and compensation for the exonerated. What can money do for Tim and his family now?

Jerry Wayne Johnson, the actual rapist, confessed to the crime by sending letters to prosecutors and judges in 1994, but they were ignored. The innocence project attempted to be heard at a hearing in Lubbock where the case was originally prosecuted, but the judge refused their request. Tim’s family knew they had the rapist’s admission and DNA evidence that proved Tim’s innocence, but couldn’t understand why they couldn’t just say that “Tim is innocent”.

Texas leads the nation with 36 exonerations. Why? How can that be, with all the rights provided by our State and Federal Constitutions? We have the right not to testify; the Presumption of Innocence; the requirement on the Government to prove guilt Beyond a Reasonable Doubt. These words and phrases sound pretty good, but mean very little in our world. Many of us will go to church this Sunday and will be reminded of the unselfish gift of forgiveness. Yet, we live our lives during the week and forget the big picture. We live our selfish lives; we judge others, we hate, and don’t think about what our brothers, like Timothy Cole, are going through. Tim could have accepted the probation offer like many innocent people before him, but he was a man that would not give in to the pressures applied by our “justice system”. I will not forget Timothy Cole.

The “Robert Powell” in us all

April 5, 2009

Most of us don’t want to think about the “Robert Powell” in us. That would be like admitting we have a prejudice or something ugly like that. It is easy to say that someone else is prejudiced, but to find our own and say it out loud is difficult. It is easy to look at the way Powell acted and disown any similarity in us. I may look at myself in a minute, but it is obvious that when we look around at others in this world, we see the “Robert Powells” in other positions of authority. Some of them wear black robes; some stand at the pulpit; some are prosecutors; some sit in our capitols; and some are lawyers like me.

Since I have seen Powell and other officers like him, I don’t view it necessarily as racially motivated, but rather his desire to exert the power that was given to him. The Spiderman quote comes to mind- “with great power comes great responsibility”. We have people in this world that want to be a cop, a judge, a politician, etc. for the wrong reasons. I believe the process begins after birth as opposed to conception. It is possible that young Robert was picked on as a child. It could be that he was starved for attention and respect as a child. I guess when we are starved; we may do what we can to feed the hunger.

For me, I need to use the power, given to me as a parent, more responsibly. Maybe if I give them more attention, respect, and love, they won’t be starving, as they become an adult in this world.

Robert Powell quits before he is fired

April 2, 2009

Well, Robert Powell quits before he is fired by Dallas Police Chief Kunkle. That sounds pretty good doesn’t it. The City of Dallas got rid of a bad cop! What will Powell do now? Will he go back to school to study for a new career? Very unlikely.  We have a young man hungry for respect and power, so that rules out school, McDonalds, security guard, and a mall cop.

I expect him to turn up in a small town in Texas where he will be in a better position to unleash his unbridled wrath on the people that are less able to fight back. 

Cops like Powell, as opposed to officers, have filled positions in small towns all over Texas.  They can be found in Celina, Melissa,  Murphy, Wylie, and many more.  Why do we allow this to happen?

The sad truth is that we have too many cops like Powell and not enough officers.  They are out there abusing their power on our friends, neighbors, and kids.  They are more dangerous than Powell because they are smarter,  communicate better, and are better able to keep their agenda hidden from the brainwashed public.  This world needs more citizens like Mr. Moats and more cameras for the Powells that slip through.

Dallas “Cop”, Robert Powell

March 29, 2009

Starved for power and respect as a child, so he got a badge

Starved for power and respect as a child, so he got a badge

The Robert Powell’s of the world aren’t just in Dallas, Texas. I’m tired of cops in general. I haven’t always felt that way. Now, I’m forced to talk to my kids about them as a whole. I grew up in the day when my dad would get out of the car and walk back and talk to the officer. Now, it is generally an immediate assertion of authority.  We don’t have many officers anymore. We have a lot of punks who want and desire the power they didn’t get as a kid and can’t otherwise get in this life.

Now, they attempt to intimidate and control everyone they encounter in the false name of “officer safety”.

They may call it “command presence”. We can either give them “kiss their tail respect”, which really looks silly if you’ve been drinking or we can give them command presence respect. They, of course, love it when we bow down to their power.

There may be a time and place for this “command presence” thing, but not in this traffic stop. An “officer” knows when to have “command presence”. Many have referred to this incident as racial profiling and it could have been, but it was a Cop trying to feel the power. Moats refused to give Powell the power. Moats demanded respect first and did not get it. Fortunately for the Moats and us, the video was preserved quickly by the media.

By the way, I have had Robert Powell as a witness in a DWI case and he didn’t have a video of the scene at the time of trial.  Powell was one of the worst witnesses I’ve ever seen, who had a total disregard for the truth. But, what if he was one of those smooth talking Cops?

Although it appears to be a case of  racial profiling, which does exist, I think it was Robert Powell acting as he always acts.

http://www.youtube.com/watch?v=yQFGzaYZV2A&feature=player_embedded

Monday is here again

July 28, 2008

I’m still playing around with this thing…wondering if it will be of use to anyone down the road.  No trials today (in the courtroom anyway).  I’ve been wondering a lot lately.  Wondering how far the people will allow the Government to push us.  Will they push us beyond a point of no return?  I say Government, but I really mean “they”.

They already come into our homes and tell us how to think and who we should hate.  Who are “they”?  I think “they” are the ones that want to be today’s King.  And most of us get on that wagon and ride it because it appears correct…it is comfortable.  When the people on the wagons wake up, will it be too late?

Here in Collin County, they don’t kill the lawyers.  They just indict as many as they can and find judges that will sign warrants to search their offices.  Pastor Martin Niemoller has a great poem or phrase, “First they came for the jews and I did not speak out…then they came for me and there was no one left to speak”.  I may make some modifications.  

Like my uncle used to say, “Tony, they can’t eat you”.  Now, I’m wondering if I should hit the word “publish”.  Wondering if the coffee has clouded my words..  what the hell

Hello world!

July 24, 2008

I guess that I will start where I am and see what happens next.  Tony Vitz