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Thursday, April 16, 2015

Fredericksburg Cop Linda Lively Busted; Black Judge Lectures Family Victimized by Home Invaders for Racial Insensitivity


Linda Lively, former Fredericksburg officer arrested for tampering with evidence. Former Fredericksburg police officer charged with two counts of evidence tampering for allegedly taking hydrocodone from evidence room at the Fredericksburgh Police Department.

From the Louisville Courier-Journal, a story about a really stupid, arrogant judge, one Olu Stevens:

A black judge, offended by a white family’s concern that their toddler was frightened of black men after a violent home invasion and robbery, publicly shamed them and let off the convicted man with mere probation.

When Gregory Wallace was sentenced for alleged armed home invasion near Buechel, Kentucky, Judge Olu Stevens “slammed” the homeowners, Jordan and Tommy Gray, for not correcting their daughter’s fear of black men.

Wallace, who was convicted of robbery, had been found guilty of participating in the March 2013 armed home invasion, in which he and another black suspect burst into the Gray’s home and held the parents and their three-year-old daughter at gunpoint.
Later, Stevens took to Facebook to publicly shame the victims of a home invasion after giving Wallace merely probation for burglary and robbery with a handgun. It was the mother’s secret racist views that made the toddler terrified of black men, not the formative memory of being terrorized at gunpoint by violent criminals:
"Court brought it front and center this week. The case involved a burglary and the victims were a young couple and their three year-old child. The written victim impact statement on behalf of the child read that as a result of the offense committed against her parents in her presence, the child is in “constant fear of black men.” The statement, written by her mother, continues that the child clings to her parent when in the presence of any black man. The incident, the mother concluded, “has even affected our relationship with our African-American friends.”

"I read this statement aloud in open court. For a reason. It was of little surprise to me that neither parent nor the child was present in court for the sentencing. After all, the defendant and the judge are amongst the individuals the three year old has fear of as a result of the crime. Do three year olds form such generalized, stereotyped and racist opinions of others? I think not. Perhaps the mother had attributed her own views to her child as a manner of sanitizing them."

In an email, Ronald Rotunda, a law professor at Chapman University in Orange, Calif., and the author of a widely used course book on legal ethics, said Stevens violated the Code of Judicial Conduct, both by using the prestige of his office to further his personal interests and by commenting on a pending case on Facebook.

"The judge, acting like a pop psychologist, decides to attack the little girl and her parents," Rotunda said. "Then, after the judge … has a chance to cool down … he goes on Facebook and does it all over again. The judge should be a little more judicious."

Jeffrey Shaman, who teaches at Chicago's DePaul University law school and once ran the Center for Judicial Conduct Organizations, said judicial criticism of victim impact statements could discourage victims from "participating in the criminal justice system and ensuring that their voices will be heard."


  1. As a non-lawyer, I wonder if this security breach could raise questions regarding chain of custody issues for every drug claimed to be in that evidence room? If you had a client charged with a narcotic violation would you seek to suppress the evidence under these circumstances?

  2. Well not surprised at all by the missing Hydrocodone out of Fredericksburg Police Departments Evidence Room . I am just surprised they only caught one person . About 2 years ago a different agency came in and inspected both FPD and GCSD and recommended they both clean his . Sadly the lousy Chief refused to ( his death was another step in making FPD even worse ) and of course Buddy Mills didn't fix squat . Now there have been several incidences of theft , corruption , not answering calls and severe harassment by the second in command at Gillespie County Sheriffs Department .
    They changed the way they store evidence . Big deal, they should be concerned about what all is not making it into evidence as it is being kept by the officers . They should also be concerned by the detective with the recent DWI, the deputy that is calling people while drunk and harassing them and all the complaints of officers refusing to answer calls or investigate when a crime did take place .
    I guess it is easier to just fire people once they have gone into full blown drug addiction . She quit knowing she had a problem and the asked her back and now Hydrocodone is missing ? How convenient .

  3. There is a reason I don't trust law enforcement personnel. These evidence lockers is one reason of many. Chain of custody means just that - usually from cop A who initially takes the evidence, bags it and tags it and keeps custody and control of the evidence. Cop A may pass it along to Cop B who signs-off on it with his name, the person he received it from, and the time he receives it. Cop B may then tender the evidence to the evidence locker custodian. After this, no one but the designated custodians should ever enter the evidence locker. If the evidence is some form of drug that must be tested, the custodian on duty can sign it out to the Cop C who will deliver it to the chemist. Again, all signed and sealed. This pattern is reversed as the evidence finds its way back to the local evidence locker. Anywhere along the line, the evidence can be tampered with, and I think that any lawyer worth a dime will at least view and carefully examine the chain of custody. If the chain is broken, the evidence becomes inadmissible. Any cop, without authority and just wondering around the evidence locker, taints every item of evidence in the locker. My experience in law enforcement indicates this happens all of the time. There should be regular inventories done by independent auditors. To have cops inventory themselves is just silly. This is just my opinion, but I can back-up my opinion with numerous examples. Guns, dope and money are the first things to go missing. I would wager that our very own evidence lockers are riff with inconsistencies. If no one cares (including most local defense lawyers), then no one cares.

  4. As a Medication Aid , Psychiatric Assistant and M.A. we did inventory or drug counts after every shift to track the chain of handling narcotics . We caught 7 different nurses over 3 years stealing this way . I know that is not realistic in a law enforcement setting but there are other measures they could take . This all goes back to why people in this town and communities across this nation do not trust law enforcement in so many ways . We always hear about tainted evidence and planted evidence , the arrest of a very trusted officer and the stories that have been swirling for years about FPD makes one wonder what can be put in evidence if evidence is walking off .
    This incident proved what people have been saying for years about that evidence room was/is true . These people are former officers and people that worked for law enforcement and people called them quacks and liars . No we have very dishonest officers here . This is why we were told to clean house .

  5. There is another issue at hand here too. FPD and GCSD do not like people having information on them . In the past this story would be tidied up before print. But we are already are hear all the excuses being made for her
    1. She helped so many victims . Um, then why are Joe and Amanda Alvarado dead ? Her , Bertelson, Keith Weinheimer , Elgin Durst and the people at FPD would refuse to take their reports about Scott or remove him . Had they done this Joe and Amanda are still alive .
    2. She got old and was in pain .
    The evidence locker is not the pharmacy . She committed are and screwed up any case against the person selling .
    3.She was so good at her job .
    No she treated plenty of victims like trash and slut shamed wemon.
    Reading over the case notes that I have on the Alvarado Case I have found what was the start of the corruption , lies , and intimidation. Reading over the notes are sickening as it covered agencies in Fredericksburg and Kerr County . Proving the Thin Blue Line is all too real .
    What is even more disheartening is that when Texas Rangers are sent in they are still lackeys of FPD . At least the Kerrville based Ranger is . He refused to ask any questions in a criminal case being investigated and let a retiring Detective run the show .
    This week we call the Texas Rangers to ask them to help us get a FPD Detective to stay off our land and to figure out why he is harassing us now .

  6. Have you heard of 'Bulletgate' at the FPD? Major case evidence "lost" from the FPD evidence room during an active homicide investigation in June 2013. Oh, there's so much more to this story!

    1. Correction: Major case evidence was not "lost" but thrown away -- in the landfill! How many "active homicide investigations" does FPD normally have in a year -- one, two? How many in 2012-2013? And so this active homicide investigation has the major evidence (which was in a marked, dated, sealed evidence envelope) removed and sent to the landfill?? Coincidence? I think not, especially since the chief of police wanted the case shut down before this evidence walked out of the locked evidence room. They blame it on a civilian evidence tech's incompetence and they fired her, but her story seems to indicate otherwise as to what happened. Seems there were at least two other officers who had direct access to this crime evidence after the civilian evidence tech handled it, and those officers chose to dispose of this major homicide investigation evidence. Why?

    2. Why ? Why did a Deputy investigate his own father when reported for assualt and rape even though it was out of his jurisdiction and the acting Chief Of Police at the time refused to answer any questions about why a Deputy was in the city removing and possibly planting evidence in a victims purse. Cover for your friends , family and those you see as important . When this falls apart and a Kerrville Texas Ranger is called and supposed to investigate have your oldest and biggest bullsh*tter detective lead the Ranger on a 1 day ride , shame the victim and get thrown out of the highest rated hospital in San Antonio when all doctors and nurses say the patient was raped , insulin was used as the drug to cause her coma ( the suspect was on insulin ) and the investigators are jackasses and had no respect . It was proven evidence was planted in this case and when family called foul the current second in command with FPD threw the victims purse in her mom's face . Great work at covering up for a man who went on to be reported for trying to molest FISH students .
      The truth , honor and justice often does not win out in Fredericksburg . Often this is because of our city officials and officers see having a pretty clear picture as more important than having truth .
      When the Big Chief passed away we did not gain any better in terms of leadership we might have gotten worse but I find it odd that the same man that protected another officer involved with using narcotics illegally and illegally obtaining them is now gone and an officer reported under his leadership for potentially illegal actions was now caught and charged . Worry not the creep officer responsible for Cyber Stalker - Gate and all the fake allegations behind that is the biggest fan of Lively and publicly defending her . Sad considering he knows nothing will happen to her . Nothing . Again lie and cover for your friends , family and higher ups no matter how disgusting and illegal their actions are . Welcome to FPD/GCSD the two agencies that were told in 2012 to clean house because bad apples were rotting the whole lot . They cleaned house ..... of evidence

  7. On stolen evidence and mishandled evidence ? This has been happening since at least 1992 and was reported but the officer/deputy Grobe never received so much as a lecture .
    Maybe stolen crime scene and accident pictures do not amount to much if you have no morals but as a 18 year old sitting in Literature I was sickened and horrified to have a picture thrown at me of a man that had committed suicide . Nobody needed to see that , especially because it was a relative . I will never forget the pain of idiot hicks laughing at the picture of a dead man . Suicide or not it was not the right of the deputy to take the pictures and give them to his sons . Another picture was of the family killed by a drunk driver that had a little boy . It was graphic and the young man passing it around openly admitted that his dad was taking photos of accidents , deaths and other items . So what were the other items ? Why no punishment because he was reported by the FHS principal and a school board member that was a Secret Service Agent . Still nothing . What is wrong with you people at FPD/GCSD does theft of evidence or taking graphic photos not amount to anything .
    I suggest you take a look at your own and stop openly harassing the people that are bringing these incidents to light . People are upset because they know what has been happening and know that this behavior is going to lead to a case being dropped or unsolvable because something that can end up being important coming up "borrowed" . Just a total lack of morals and decent leadership . When you know your officers are using cellphones to take pictures of the dead like was done a few years ago when several officer left jurisdiction to look at a corpse you have at the very least a potentially very bad situation . Yet here we are now with stolen Lortab/Hydrocodone and people are shocked . People are just shocked it wasn't dealt with 20 years ago because we all know this is not the first time we have had officers hitting the pharmaceuticals and not a damn thing happening .

  8. Wow totally missed the thrown out evidence and other than the case Weed does not seem to listen to people about solving how many open cases does Fredericksburg and Gillespie County have ? Seriously . This is obviously upsetting because it shows a generally history of not regarding evidence as worth protecting and monitoring and proves there is some very incompetent officers in FPD/GCSD . Nothing new but still extremely upsetting

  9. In response to Anonymous (May 24th post): You mentioned officers using cell phones to take pictures of the dead. FPD officers were still taking pictures at crime scenes of dead/dying people with cell phones as late as the winter of 2012 -- photos so blurry and amateurish that they are of no use for investigative purposes. Oh, but wait ... they don't want to investigate crimes anyway! They need to keep their crime records clean for the Chamber of Commerce reports, so they just call a crime whatever they want to call it to get it out of their way and sweep it under the rug. The Fredericksburg community needs to wake up! What's it going to take to clean house at FPD? People never want to believe there's such corruption in local law enforcement until it happens to them or one of their loved ones....then it's too late.