Wednesday, November 30, 2011

THE DAVID AND GOLIATH BATTLE FOR THE HARRIS COUNTY DISTRICT ATTORNEY'S OFFICE

I have just learned that Kelly Siegler will support Mike Anderson in his bid to oust the disgraced current Harris County DA Pat Lykos.
Siegler's goal is to restore integrity to the DAs office and she had only planned to run, I am told, if no other candidate of merit stepped up.

Anderson is qualified..........the question is whether or not he will have the fortitude of "David" and the political savvy to crush Goliath.

It will be interesting to see who Lykos gets to serve as her Jim Leitner throw down to insure a run-off and avoid the uncertainty of the general electorate.

Good luck and God's speed to Mike Anderson in this endeavor.

Monday, November 28, 2011

PAT LYKOS: JUDGE, COP, SOCIAL WORKER, POLITICIAN OR PROSECUTOR

Pat Lykos used to be a Houston Police Officer......she also used to be a judge and has been a Republican longer than anyone I know in Harris County.

In 2008, Lykos was elected District Attorney of Harris County.

Lykos' behavior since becoming DA demonstrates great confusion as to which identity she covets most.

The fourth edition of the "Diagnostic and Statistical Manual of Mental Disorders" (DSM-IV) seems to shed light on the Lykos identity crisis. Specifically, dissociative identity disorder (DID) is defined therein as a condition in which "two (2) or more distinct identities or personality states alternate in controlling the individual's consciousness and behavior. It further goes on to state that DID is a psychiatric diagnosis that describes a condition in which a person displays multiple distinct identities, each with its own pattern of perceiving and interacting with the environment.

I do not pretend to be a psychiatrist or psychologist; but merely offer DSM-IV as a tool to try and understand Lykos' odd behavior.

THE DISTINCT ALTERNATING IDENTITIES OF PAT LYKOS:

1. Lykos the Judge:
Although Pat Lykos was appointed to the bench and subsequently re-elected on party lines; she is now the elected District Attorney of Harris County and hasn't been a judge for many years. Notwithstanding, this DA insists on being called "Judge Pat".
I wonder if former Judge Ted Poe goes by Judge Ted or by Congressman Poe?

2. Lykos the Cop:
Although Lykos hasn't been a cop for decades longer than her vacancy from the bench; she defines herself as the chief arresting officer of Harris County, “You can run, but you can't hide. We are bringing them to justice".
Cop Pat is even copying the FBI with her very own district attorney's most wanted list.
Cop Pat's one man Cold Case propaganda project a/k/a the, "Special Team To Solve Cold Cases" has yet to do so and is simply another blaring example of policing instead of prosecuting.
Lykos' facade has absolutely nothing to do with trying cold cases in a courtroom; instead it is merely a police function better named a Fugitive Apprehension Unit whereby Lykos acts more like a police sergeant than a district attorney.

3. Lykos the Social Worker:
Providing puppies for witnesses to pet during interviews might be cute and therapeutic for some; but not a high priority in a prosecutors' office.
Lykos also provided for, "Free Internet Monitoring Software For Parents".......how nice.
Lykos confronting the issues of animal cruelty, elderly abuse and the mentally challenged folks are all legitimate concerns for social services as well and I applaud her outreach. HOWEVER, as wonderful as it is to advocate for these causes; ending world hunger and curing AIDS are also noble concerns..............but none of these crusades are the function of a district attorney.
If Lykos decided to spend forfeiture funds to build some gyms and day care centers in the third ward to cut down on crime in the old neighborhood; that too would be a wonderful thing----but alas, in the REAL WORLD Lykos is the Harris County DA; NOT the Harris County Social Services Director.

4. Lykos the Politician:
The dominant Lykos identity or personality state is Political Pat. She is a master at Republican base pandering. Lykos seems to spend more time schmoozing with Republican insiders and jet setting than she does conducting official business at the District Attorney's Office......AND the Republican Base loves her for it.
Her political expertise supplants any substantive qualification requirements beyond the bare minimum for the government position(s) she seeks to hold.

So what are Lykos' qualifications to serve Harris County as District Attorney beyond the minimal filing requirements set forth by the Secretary of State?

Lykos will tell you:
* she's a long time litigator (even though she's NEVER tried a single case as a prosecutor, criminal defense lawyer or civil attorney)
* she has been a Republican forever (????)
* she wants ICE to do more about the illegals (hmmmm, maybe Lykos ought to go work for ICE or write her Congressman).
* she wants to remedy jail overcrowding (by failing to properly prosecute criminal behavior?)
* even though the Texas state legislature prohibits it, her DIVERT program provides certain "deserving" drunk drivers a second chance (Some folks should get special treatment based on their ability to pay. Arbitrary parameters which provide for coerced alcohol rehabilitation for non-alcoholics without valid outcome studies "prove" that "Dr. Lykos" has had a greater impact on curing alcoholism than the entire Texas Medical Center?).
* that Kelly Siegler and all the ADAs who campaigned for Siegler in 2008 were de facto just like Rosenthal and fostered a culture of corruption at the HCDAO. (However, when allegations of corruption are levied against Lykos they are false, vicious and unfounded amounting to nothing more than a conspiratorial witch hunt).
* all that is wrong at the HCDAO today is a reflection of the prior administration's bad behavior and she is cleaning house as fast as she can (never mind that the HCDAO is in operational meltdown mode and, if re-elected, even Lykos' most ardent Republican supporters will cringe when the true devastation of what was once a premier District Attorney's Office is revealed).

5. Lykos the Prosecutor:
Pat Lykos was elected DA of Harris County in 2008. Therefore, by definition she is a prosecutor (it ought to take much more than that).

Judge Pat........Political Pat.........Cop Pat..........Social Worker Pat.............her pretense as a prosecutor has run its course.

So who's in?
Pat Lykos officially filed today as the Republican incumbent.
I expect Mike Anderson to file this week and Kelly Siegler to file after that.....both as Republicans.
Jim Leitner can't file.
Zach Fertitta shouldn't file?
The flake factor is always there.

Two (2) questions for the 2012 Harris County District Attorney's race will be:
1. which candidate will confront Lykos in the run-off bloodbath AND
2. will anyone besides the the hard core Republican base show up on run-off day?



Tuesday, November 15, 2011

THE KELLY SIEGLER HOLLYWOOD CONSPIRACY

The Kelly Siegler for Harris County DA Conspiracy has a new player...................Hollywood!

Not only do the Lykosians accuse Kelly Siegler of conspiring with Criminal District Judges, Grand Juries and Special Prosecutors all to trick Harris County DA Pat Lykos and her gang to act ineptly........................now Siegler will undoubtedly be criticized for manipulating Los Angeles movie producers!
The Lykos camp will whine how heinously suspicious the timing of the Susan Wright trial made for TV movie is and the Harris County Republican Blue Hairs will chant , "FOUL".
Has Siegler hired Michael Moore instead of Allen Blakemore? SERIOUSLY?

JUST RELEASED:

Monday, Nov. 14, 2011, 1:33 PM Pacific

KILLING MR. WRIGHT
Movie for Television
AFTRA
Silverscreen Pictures, Lifetime
Draft: 8/2/11

Exec. Producers: Frank Von Zerneck, Judith Verno
Director: Stephen Kay
Writers: Michael J. Murray, Jamie Pachino
Casting Director: Fern Champion
Casting Assistants: Jon Bloch, Candido Cornejo
Start Date: On About 12/2/11 through mid December
Location: Los Angeles

SUBMIT ELECTRONICALLY
To download the script, go to www.screenplayonline.com and use script key code: 118butcher12
Sides are available on Showfax and Sides Express.

[SUSAN WRIGHT] Caucasian, late 20s, blonde, fair, petite, very pretty, appealing, smart, a master manipulator, capable of seeming tough and fragile at will, Susan meets and marries Jeff Wright and settles down to what she thinks will be a fairy tale marriage with their baby girl. However, Susan soon discovers that Jeff is a chronic womanizer with a drug habit who spends most of his paycheck (from his job as a tile/carpet salesman) on his bad habits; to make things worse, Susan's complaints are met with verbal and then physical abuse by Jeff. Susan soon feels like a prisoner of terror in her own house, unable to leave because of fear and financial issues. Ultimately, Susan kills Jeff in an outburst of pent-up rage, stabbing him almost 200 times and then, in what she claims was a fog-like state, burying his body in the backyard and desperately, unsuccessfully trying to clean their bedroom of countless blood stains and blood pools. Claiming self-defense--a claim mitigated by the fact that Jeff was tied up when she killed him--Susan's behavior in the aftermath of Jeff's murder is bizarre and confusing, particlarly to her defense attorney; most of the time she seems out of touch with reality, holding a yard sale after her release on bail and cheerfully deciding what to wear in court for the cameras. A complex woman, possibly a classic battered wife but possibly a sociopath, Susan is quite confident that the jury will see her as a victimized, possibly even heroic, battered wife; she's wrong about that...LEAD (1)

[JEFFREY WRIGHT] Caucasian, about 30, handsome, tall, charming, an acknowledged womanizer who likes to play hard, apparently a confirmed bachelor, Jeffrey falls hard for the beautiful young Susan, and sees in her his chance for a white picket fence "fairy-tale" lifestyle--which unfortunately comes a bit too soon when Susan discovers she's pregnant. Despite the rush, Jeffrey seems genuinely enamored of his new bride, their new baby, and their new house, and appears to settle down into husband- and father-hood with gusto. Unfortunately, Jeffrey has little patience when Susan can't keep up with house cleaning and laundry after Casey's birth, and their marriage quickly deteriorates into selfish bickering about housekeeping, chores and bills. Successful at his job selling tile and carpet, Jeffrey slips back into his pre-marriage habits and begins staying out late, going to strip clubs, and spending money on alcohol, marijuana and cocaine. Furious at Susan's attempts to reel him in, Jeffrey becomes verbally and then physically abusive, and beats and rapes his wife (and one time even hits 4 year old Casey). Determined to keep his dominance over his wife, Jeffrey becomes increasingly volatile and violent...LEAD (2)

[KELLY SIEGLER] Caucasian, 40, with a thick Texas drawl, small, but packing a punch, always sharply turned out, extremely intelligent, Kelly is a bulldog of a prosecutor whose intial impression of Susan Wright as a "fragile little sweet faced blonde who couldn't hurt a fly" changes to her belief that Susan's a "cold-blooded, dyed in the wool, master manipulator" and murderer. Relentless, clever, tenacious, a woman who enjoys her job, Kelly has no problem bringing a countercase against the defense's contention that Susan is a battered wife who just snapped, and Kelly has more than enough evidence to support her theory--although for a split second Kelly herself seems just a bit vulnerable to Susan's compelling presentation. Aware that the jury seems to be more interested in Susan's reactions than Kelly's witnesses, Kelly makes the now (in)famous decision to bring in the blood-stained mattress and box spring on which Susan killed Jeffrey, and re-enact the murder in the courtroom...LEAD (27)

[CINDY] Caucasian, Susan's older sister, "a brunette Susan" (meaning very pretty), down-to-earth, straight-talking, Cindy is initially excited about Susan's relationship with Jeffrey, and is happy when they get married. Eventually, however, Cindy becomes the refuge to whom Susan goes when she leaves the increasingly abusive Jeffrey. Never doubting that her sister is being seriously abused by Jeffrey, Cindy is clearly heart-broken over Susan's refusal to leave him. Cindy determinedly supports her sister in the aftermath of Jeffrey's murder...LEAD (1)

[RON WRIGHT, KAY WRIGHT] Caucasian, 60ish, Jeffrey's parents, warm, loving, Ron and Kay welcome Jeffrey's new wife Susan into their family; Kay in particular believes Susan is good for Jeffrey and will keep him "headed in the right direction." Completely in the dark about Jeffrey's abuse of Susan, Ron and Kay are confused when they hear from Susan that Jeffrey has apparently left her, but even then Ron offers Susan money to get them out of whatever financial stresses they may be having. Once they realize that Susan has killed their son, however, they're utterly convinced that she is a manipulative, plotting monster--and Ron in particular is vehement in his hatred and disgust of her...LEADS (13)

[SUE] Caucasian, Susan's mother, warm, loving, supportive, level-headed, Sue is overjoyed at Susan's marriage to Jeffrey, and later is shocked to discover that Jeffrey has become abusive and violent to Susan and their little girl. The first person Susan confesses to about her murder of Jeffrey, Sue tries to keep calm around Susan during the trial but is clearly confused and probably frightened as she realizes how out of touch with reality Susan has become...LEAD (15)

[JAMIE DARR-HALL] Caucasian, 30ish, female, a single mom, friendly, warm, Jamie is Susan and Jeffrey's neighbor, who frequently talks with Susan and sometimes joins her and the other neighbors for get-togethers. Jamie (like all the neighbors) thinks Susan and Jeffrey have the perfect marriage, an image Susan keeps up despite her growing abuse at the hands of Jeffrey. Eventually, Jamie inadvertantly spots bruises on Susan's body and seems to realize that things aren't okay. However, after the murder (which makes the local headlines), Jamie is clearly freaked out by Susan's bizarre decision to have a yard sale when she's out on bail...LEAD (16)

[CASEY] caucasian, 4 years old, adorable, bright, appealing, Casey is Susan and Jeffrey's daughter. Shielded from what's really going on by Susan's stalwart, loving attention, Casey nevertheless has a run-in with her dad when he plays at kick-boxing with her and hits her too hard on the chin, knocking her down and hurting her--an event she later calmly recounts to the police...LEAD (27)

[NEAL DAVIS] Caucasian, 40ish, clean cut, conservative in his professionalism, something of a gentleman, Neal Davis is the lawyer whom Susan's mother hires to defend her in the aftermath of the murder. Initially horrified at the carnage Susan shows him in her bedroom and out in the yard where she buried Jeff, possibly in over his head with his volatile and unpredictable client, Neal goes into damage control mode (not for the last time during his defense) by putting Susan in a psychiatric hospital and arranging for the body to be picked up. Neal finds himself frequently overwhelmed by his client's stubborn refusal to deal with reality, not to mention a few unpleasant surprises during the trial...LEAD (54)

[MARK REYNOLDS] Caucasian, this police sergeant/homicide detective oversees the activity at the Wright house after the murder is discovered (days after it was committed). Unaware of what's happened (Susan is in an undisclosed psychiatric hospital), Mark tries to piece together the crime with the help of prosecutor Kelly Seigler, who shows up at the scene, and the coroner, who supplies him with some surprising information about the body...LEAD (57)

[DR. DWAYNE WOLF] Caucasian, late 30s, clean cut, articulate, professional, Dr. Wolf is the Harris County Medical Examiner, who does the autopsy on Jeffrey's body. He works with prosecutor Kelly Seigler, who's flabbergasted at the amount of stab wounds on Jeffrey's body, as well as some of the other details Dr. Wolf's discovered--not the least of which is the time of death, which pre-dates Susan's trip to the police station to lodge an abuse complaint against Jeff. Dr. Wolf testifies in court, and his testimony would be powerful, if not for the jury's distraction with a sobbing Susan Wright...LEAD (68)

[PAUL DOYLE] Caucasian, mid 30s, big, beefy, Paul is Kelly's ADA, who works closely with her on the case. Hard-working, smart, experienced, Paul is good at parsing out details for the prosecution, but clearly looks to Kelly for the "ah-ha" moments. Paul helps Kelly re-enact the murder in the courtroom, playing the part of Jeffrey...LEAD (63)

[KEVIN CONBOY] Caucasian, 35, Jeffrey's boss in the tile and carpet company, Kevin is very happy with Jeffrey's work, gives him a promotion, and becomes something of a friend to him, apparently going with him and clients to strip clubs and bars. Kevin overhears a fight Jeffrey has over the phone with Susan about paying his life insurance policy, a fight that becomes some damning testimony in court. When Jeffrey doesn't come in for a few days and Kevin learns Susan's filed a restraining order against him, Kevin calls the house and tells Susan that he might have to fire Jeffrey. He eventually testifies in court...LEAD (20)

[SCOTT HALL] Caucasian, this deputy constable seems professional yet sympathetic and certainly helpful when Susan comes to him with a report of physical abuse at the hands of her husband, Jeffrey. In Scott's eyes, Susan fits the standard issue of a battered wife who suffers in silence until her child is hit; he also interviews little Casey about the time Jeffrey hit her, and discovers that Casey and her mom's stories jive. He's later questioned on the stand by Kelly Seigler and Neal Davis...4 speches & 13 lines, 4 scenes (49)

[JEROME BROWN] Caucasian, 60s, balding, heavyset, bearded, experienced, confident, Dr. Jerome Brown is the psychiatrist on staff at the clinic where Neal Davis stashes Susan in the aftermath of his discovery of the murder. Jerome is quite certain that Susan has been severely abused and is suffering from post traumatic stress disorder. Dr. Brown works with Neal Davis and is more than willing to testify on the defense's behalf, until Neal discovers that Susan has told Dr. Brown a completely different (and much more damning) account of the murder than she told him...3 speeches & 13 lines, 4 scenes (62)

[MAN/BRIAN WICE] Caucasian, 50ish, in a sharp suit, Brian is the smooth attorney who will be handling Susan's appeal. He is originally seen behind a camera, videotaping Susan and others as they tell their stories about Jeffrey Wright's murder...2 speeches & 3 lines, 4 scenes (1)

[RANDY, BILLY] Caucaasian, African American or Hispanic, these two hard-partying friends of Jeffrey's are first seen playing volleyball with him and some friends. They know Jeffrey and his womanizing habits well, and tease him about his current relationship with the "good girl" Susan. Later, after his marriage, Randy comments on the rage with which he pounds him in kick-boxing class...3 lines, 3 scenes; 1 speech & 2 lines, 2 scenes respectively (2)

[NEIGHBORHOOD MOM] Caucasian, African American or Hispanic, this neighborhood mom is friends (in a neighborly/acquaintance-like way) with Susan, and joins her and the other neighbors for a get-together; she has no clue that Susan is in hell. She makes a friendly comment as she pulls in beside Susan at Target, and later responds good-humoredly to a compliment Susan gives her...4 lines, 3 scenes (20)

[CORONER] Caucasian, this coroner at the murder scene talks with Mark Reynolds and Kelly about what he's noticed about the body. He's clearly stunned by the magnitude of the stabbing and by the fact that the victim made no apparent attempt to get away...2 speeeches & 4 lines, 2 scenes (58)

[JUDGE] Caucasian, this judge presides over Susan Wright's trial, during which he sometimes has to warn Neal Davis to keep his client in check. He's fair about honoring Davis' objections to Kelly's questioning, but allows her to go ahead with the re-enactment of the murder in the courtroom....2 speeches & 10 lines, 4 scenes (76)

STORY LINE: This is the true story of lovely young SUSAN WRIGHT, who thought she had the "fairy-tale" marriage to her husband JEFF WRIGHT, a successful tile and carpet salesman in Houston, Texas. However, Susan's life becomes a nightmare when Jeff, who has a habit of going to strip clubs, drinking too much, smoking weed and doing cocaine, becomes abusive, beating and raping her and even hitting their four year old daughter, CASEY. Unable to take it any more.......

Congratulations to Houston's top Rock Star prosecutor, budding Hollywood star and future Harris County DA..........KELLY SIEGLER.

Wednesday, November 9, 2011

THE ROLE OF VICARIOUS LIABILITY AT THE HARRIS COUNTY DISTRICT ATTORNEY'S OFFICE

John B. Holmes is often compared, of late, to Charles "Chuck" Rosenthal and even Pat Lykos.
Holmes is a Republican who served Harris County as the elected DA and THAT is his ONLY substantive commonality with the  Rosenthal-Lykos regimes.

Holmes lived by President Harry S. Truman's (a Democrat) philosophy of , "The Buck Stops Here"; while the "Lykos-Rosenthal Philosophy" is, "Pass The Buck".

Holmes was respected for leading by example and instilling in his troops the principle of doing the right thing simply BECAUSE it was the right thing to do.  He exercised common sense over political correctness and was intolerant of "damn fool results".
Holmes' character and principled leadership would never have allowed the corruption and chaos at the Harris County District Attorney's Office that has festered since his retirement. Johnny Holmes was respected and took responsibility..............if you were right, Johnny didn't stick you in the back, he had your back.
JBH understood  consequences, was a real leader and a real prosecutor............he was not a victim or an excuse maker.

Chuck Rosenthal and Pat Lykos are many things; but they are not worthy of sitting at the table with the legendary John B. Holmes.

For the non-lawyers who might read this blog, the legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity.
The doctrine of respondeat superior arose from this principle and is based on the employer-employee relationship. The doctrine makes the employer responsible for a lack of care on the part of an employee in relation to those to whom the employer owes a duty of care. For respondeat superior to apply, the employee's negligence must occur within the scope of his/her employment

Section 7.02 of the Texas Penal Code (Law of Parties) outlines the following: A person is criminally responsible for an offense committed by the conduct of another if "acting with intent to promote or assist the commission of the offense he solicits, encourages, directs, aids or attempts to aid the other persons to commit the offense" or "If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy."

Four (4) years ago, almost to the date, the Harris County Republican Party and the local media essentially applied the Law of Parties to the Rosenthal administration......ironic on many levels.  Although Rosenthal's notorious arrogance rendered him oblivious to the unheeded advice of his his top ADAs; these same ADAs, most notably former Bureau Chief of Special Crimes Kelly Siegler, were condemned as "partners in a culture of corruption" because they "should have anticipated" that Rosenthal's substance abuse would lead him to commit adultery, lie about it, send racist and pornographic emails on county time on a county computer, campaign on the county dime, defy a Federal Judge's court order, commit obstruction of justice, perjure himself, etc.

Today, the Harris County Republican Party and the media are applying a reverse vicarious liability theory on the current improper conduct exploding at the Harris County DAs office in an effort to protect their anointed one, DA Patsy Lykos.
Reminiscent of a reverse mortgage on grandma's home........only it's the ADAs and the citizens of Harris County getting screwed for Lykos' bad behavior instead of the bank screwing grandma.

An ADA should NOT be held responsible for the improper behavior of his/her boss simply by virtue of employment.

Due process requires a balancing of public and private interests. When  making an individual vicariously liable for another’s actions, the private interests affected (i.e. employment, damaged reputation, etc) outweigh the public interests, especially when there are alternative means to reach the same end.

The courts historically hold EMPLOYERS responsible for the illegal or negligent conduct of their EMPLOYEES and the PRINCIPLE responsible for his AGENT; BUT at 1201 Franklin The Lykos-Rosenthal Principle holds the employees responsible for the improper conduct of the employer.

Lykos and Rosenthal do not appear concerned with DUE PROCESS and the RULE OF LAW.......................they are above all that!?

The Harris County Republican Party leadership treats elections more like an Easter egg hunt than a quest to find qualified candidates to serve the citizens of Harris County.
They are content to collect the cracked and/or old rotten eggs just because they have an inscribed "R"; while skipping over the fresh solid eggs of "R" future..........it is no wonder their baskets stink.