Posts Tagged ‘Margaret Moore’

Second Mistrial Declared in Garza Political APD Prosecution

Thursday, November 16th, 2023

How do you know that a prosecution is politically motivated? When a DA actually makes convicting a police officer a campaign promise. That’s what happened with hard left, Soros-backed Travis County DA Jose Garza charging Austin Police officer Christopher Taylor with murder for the police shooting death of Michael Ramos. That case just resulted in a second mistrial.

The jury deciding the fate of Austin Police Department Officer Christopher Taylor deadlocked after several days of deliberations, prompting state District Judge Dayna Blazey to declare a mistrial.

Prosecutors accused Taylor of first-degree murder in the shooting death of Michael Ramos during a confrontation in April 2020. Taylor shot Ramos as he fled from officers in a vehicle.

Local media reported on Wednesday that jurors heard testimony for three weeks and deliberations had reached their fifth day. Earlier this week, the judge gave the jury a special instruction for deadlocked panels after they signaled they were unable to reach an agreement.

While the government cannot try someone again on the same charge if the defendant is acquitted, a hung jury means prosecutors can seek to try Taylor again to secure a conviction. It is unclear whether the state will choose to take the case to trial again.

The indictment of Ramos was among a set of investigations reopened by Travis County District Attorney Jose Garza after he was elected on the promise of “accountability” for police officers accused of misconduct. Garza won his first term in 2020, the same year protests against police violence overwhelmed the country.

Snip.

[defense attorney Doug] O’Connell consulted with the jury and confirmed that the final vote was eight jurors in favor of acquittal and four in favor of conviction after 34 hours of deliberation. He said Garza was “unable to fulfill his campaign pledge” to secure a guilty verdict against Taylor.

“(Taylor) wants to get this case over with. He wants to be able to get on with his life. This has been hanging over him for over three years now. He distinctly remembers when Mr. Garza came out while he was on the campaign trail and made Chris and this shooting a campaign issue,” O’Connell said.

O’Connell also referenced the recent shooting death of APD Officer Jorge Pastore.

“Chris is very loved, not only by his family but by his coworkers and his friends. I venture to guess that they’re all very frustrated, and for his officer friends and coworkers of course they’re still grieving at the loss of Officer Pastore last weekend, so I imagine this is going to also be difficult for them to deal with,” O’Connell said.

He added that Garza has brought indictments against more law enforcement officers than his three most recent predecessors combined.

It is the second time this year a mistrial has been declared in the case. The first time, the judge determined an impartial jury could not be formed due to jury intimidation.

On similar grounds, Taylor’s defense sought to move the trial to a different county, citing evidence that someone had attempted to intimidate potential jurors by leaving leaflets on their cars.

The defense team even provided affidavits from high-profile attorneys, such as former Travis County District Attorney Margaret Moore, supporting the contention that a fair and impartial trial for Taylor cannot be held in Austin due to biased media coverage.

What kind of person was Michael Ramos?

While [prosecutor Dexter] Gilford condemned the police response to the call at the Rosemont at Oak Valley Apartments off Pleasant Valley Road, he admitted Ramos wasn’t perfect.

Gilford said Ramos “burglarized cars” and “was alleged to have been involved with credit cards.”

Then Gilford called Ramos’ half-sister, Clavita McMillan-Brooks, to the stand. She said Ramos was a “jokester” and that their relationship was strained, largely because of his struggles with substance abuse. She’d talked to him about getting sober the last time she saw him.

“He wanted to,” she said, “but he didn’t know how to.”

Travis County Medical Examiner Dr. Keith Pinckard told jurors cocaine, methamphetamine, amphetamine, bath salts and marijuana were all detected in his body during an autopsy.

During cross-examination, Taylor’s attorneys suggested Ramos acted unpredictably as a result of his drug use and his previously documented bipolar disorder.

The gold Prius that Ramos was driving had been reported to police a day before the shooting.

Naturally the Austin hard left named the “Mike Ramos Brigade” in his honor.

Garza’s hostility to APD officers has been well documented. Normally two mistrials would mean the dismissal of all charges against the person being charged. Given what a political football Garza has made of the case, and how much he (and other Soros-backed DAs) hates cops, I wouldn’t be surprised to see Garza try to try Taylor for a third time.

Dukes Plea Deal Expires, Headed for Trial

Wednesday, August 2nd, 2017

The plea deal for Austin Democratic State Rep. Dawnna Dukes on corruption charges has expired.

The Travis County District Attorney’s office on Tuesday said its offer to drop all corruption charges against state Rep. Dawnna Dukes, D-Austin, in exchange for her agreeing to resign immediately had expired.

In a statement sent to The Texas Tribune after 5 p.m. Tuesday, Travis County District Attorney Margaret Moore said she’d had no contact from the attorneys for Dukes.

“The offer to resolve this matter has expired and is no longer available,” Moore said in a statement. “We will be ready for trial.”

As a part of the deal, Dukes would’ve had to also pay $3,500 in fines and restitution and agree to a drug and alcohol assessment. Dukes has previously denied charges that she had her legislative staff run personal errands and that she was compensated for days she did not work at the Texas Capitol.

Dukes seems awful confident of beating the rap, especially since her previous legal team bailed:

On July 25, two of Dukes’ Houston-based lawyers filed a motion to withdraw as counsel, citing an inability to “effectively communicate with the defendant on matters essential to the representation.”

State Rep. René Oliveira, D-Brownsville, put out a statement Tuesday night indicating he was representing Dukes, writing that the 12-term representative rejected the Travis County DA’s proposal because she “strongly reiterates her innocence,” adding that the “inexplicable request that she undergo some drug assessment is absurd.” He said neither Dukes nor her attorneys plan on commenting further.

Oliveira has been practicing law since 1979, so presumably he knows what he’s doing.

Maybe Dukes saw that John Wiley Price beat a federal rap and figured she could so the same for the comparatively piddling local charges. Given how quickly DA Margaret Moore was willing to sweep away the cobwebs of the Ronnie Earle/Rosemary Lehmberg era at the DA’s office, she may have miscalculated.

The trial is currently scheduled to start October 16.

Dawnna Dukes Case Headed to Grand Jury

Wednesday, January 11th, 2017

In an update to the Dawnna Dukes story, her case is headed to a grand jury:

Travis County prosecutors and Texas Rangers will present evidence to a grand jury that state Rep. Dawnna Dukes abused the power of her office, Travis County District Attorney Margaret Moore told the American-Statesman.

Among possible charges: abuse of official capacity and tampering with public records, Moore said.

Dukes was sworn into office for a 12th term Tuesday after reneging on a plan to step down before the Legislature convened.

Moore said that the grand jury proceedings will begin next Tuesday.

Snip.

Shortly after the Texas Rangers presented their case against Dukes to Travis County prosecutors in September, the Austin Democrat announced she would step down when her term expired, citing medical issues related to a 2013 car crash had made it impossible for her to serve.

Days ago, however, Dukes changed her mind. She was sworn in to a 12th term on Tuesday with the rest of her House colleagues.

The Travis County DA doesn’t have a great reputation (see also: Rosemary Lehmberg and Ronnie Earl), but the Rangers are in a different league entirely.

(Previously.)