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Saturday, December 7, 2019

Pervert Preacher and Judge in Kentucky; Why I'm Thankful to Practice in the Hill Country


Kinky Kentucky judge, 38, is accused of turning her chambers into a glorified frat house where she 'pressured attorneys into group sex and had a threesome with her secretary and former church pastor"

  • Dawn Gentry is accused of having threesomes in her office with her secretary and a guitar player she hired to work in the court as her case specialist 
  • She allegedly asked a female attorney to sleep with her husband while they were getting divorced so she could accuse him of infidelity
  • Gentry, it is alleged, also asked the woman to have group sex with her and the guitar player
  • Others claim they were replaced if they did not donate to her re-election campaign
  • The claims are part of an investigation by the Kentucky Judicial Conduct Commission  
  • https://www.dailymail.co.uk/news/article-7763841/Female-judge-Kentucky-accused-using-court-frat-house-threesomes-drinking.html

BLOG NAME CHANGE?

I've tried changing this blog's name because the current one, Judges and Lawyers Hall of Shame, might be misinterpreted to mean that I don't respect the judiciary or think that all lawyers are somehow corrupt. On the contrary, I think the legal profession is like any other - most of its members are honest, hardworking and try to do the right thing. There a few bad apples that are the exception. I've tried changing this blog's name but it dropped off the map. It's been online for over 10 years and Google and other search engines recognize it so I guess I'm stuck with it. 

At Thanksgiving I was thinking about things I'm thankful for and one of them was that it is a pleasure to be a lawyer in Kerrville  and work with Judges Williams, Emerson and Harris, the prosecutors Lucy Wilke and Scott Monroe and Heather Stebbins and their staffs. Our defense bar sticks together and I can always ask someone for help and advice. So, thank you to the Kerr County legal community. 


Friday, September 13, 2019

South Texas State Court Judge Convicted of Bribery

A South Texas jury on Thursday found 13th Court of Appeals Justice Rudy Delgado guilty of eight federal charges related to judicial bribery allegations.
The jury in the U.S. District Court for the Southern District of Texas found Delgado guilty of conspiracy to commit bribery concerning programs receiving federal funds, obstruction of justice, three counts of federal program bribery and three counts of Travel Act violations.
Delgado’s attorney, Michael McCrum, owner of McCrum Law Office in San Antonio, confirmed the guilty verdict. He said Delgado plans to appeal, and declined to comment further. Angela Dodge, a spokeswoman of the U.S. Attorney’s Office for the Southern District of Texas, also confirmed the verdict.
“The bribery of a judge may be the worst break of the public’s trust in government,” said U.S. Attorney Ryan Patrick of the Southern District of Texas, in a statement. “Rudy Delgado used his position to enrich himself. He didn’t just tip the scales of justice, he knocked it over with a wad of cash and didn’t look back. Delgado’s actions unfairly tarnish all his former colleagues.”
https://www.law.com/texaslawyer/2019/07/11/guilty-judge-rudy-delgado-convicted-on-all-counts-in-judicial-bribery-case/

Tuesday, September 10, 2019

Officer Involved Shooting in Kerrville

Last week a Kerrville police officer fatally shot a 17 year old man named Tommy Hranicky who refused to drop a knife. Details are sketchy but based on the news reports I think it was a justifiable shooting. If the decedent’s survivors are thinking about filing a law suit they will have an uphill battle. Just looking at a picture in the Kerrville Daily Times, Tommy looks like a nut. 

According to police, Hranicky approached the officer while threatening him with the knife. After backing up and issuing multiple commands to stop and drop the knife, the officer fired his sidearm, authorities said.

In a somewhat similar case, Andrew Kisala v. Amy Hughes, 584 U.S. ___ (2018) the Supreme Court held that an officer was justified in shooting a woman who refused to drop a knife. She was on the other side of a fence and not approaching the officers.

Citing precedent, the court said that the question of whether an officer used excessive force hinges on the specifics of each case, including whether the suspect posed an immediate threat, and that the reasonableness of a use of force must be judged from the officer’s perspective. Officers were entitled to qualified immunity as long as no similar precedent existed showing a specific use of force was unlawful.


In Graham v. Connor, 490 U. S. 386, 396 (1989), the Court held that the question whether an officer has used excessive force “requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” “The ‘reasonableness’ of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with 20/20 vision of hindsight.” Ibid. And “[t]he calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments—in circumstances that are tense, uncertain, and rapidly evolving—about the amount of force that is necessary in a particular situation.” Id., at 396–397. 

Houston Attorney Convicted of Offshore Tax Evasion Scheme Conspired to Repatriate More Than $18 Million in Untaxed Money Held in Foreign Banks

from DOJ press release 9/6/19
A Houston, Texas, attorney was convicted today of one count of conspiracy to defraud the United States and three counts of tax evasion, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Department of Justice’s Tax Division and U.S. Attorney Ryan K. Patrick for the Southern District of Texas.
According to the evidence presented at trial, Jack Stephen Pursley, also known as Steve Pursley, conspired with a former client to repatriate more than $18 million in untaxed income that the client had earned through his company, Southeastern Shipping. Knowing that his client had never paid taxes on these funds, Pursley designed and implemented a scheme whereby the untaxed funds were transferred from Southeastern Shipping’s business bank account, located in the Isle of Man, to the United States. Pursley helped to conceal the movement of funds from the Internal Revenue Service (IRS) by disguising the transfers as stock purchases in United States corporations owned and controlled by Pursley and his client.
At trial, the government proved that Pursley received more than $4.8 million and a 25% ownership interest in the co-conspirator’s ongoing business for his role in the fraudulent scheme. For tax years 2009 and 2010, Pursley evaded the assessment of and failed to pay the income taxes he owed on these payments by, among other means, withdrawing the funds as purported non-taxable loans and returns of capital. The government showed at trial that Pursley used the money he garnered from the fraudulent scheme for personal investments, and to purchase assets for himself, including a vacation home in Vail, Colorado and property in Houston, Texas.
Judge Lynn Hughes has set sentencing for Dec. 9. Pursley faces a statutory maximum sentence of five years in prison for the conspiracy count, and five years in prison for each count of tax evasion. He also faces a period of supervised release, monetary penalties, and restitution.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Patrick commended special agents of IRS-Criminal Investigation, who investigated the case, and Trial Attorneys Sean Beaty, Grace Albinson, and Jack Morgan of the Tax Division, who prosecuted this case.

Monday, September 9, 2019

More Funny Things Indigent Criminal Defendants Say to Their Lawyers

Here's a recent one: Ex-con Danny Defendant is charged with continuous sexual assault of his young daughter, and 20 counts of possession of child porn. He's already done time for drug offenses so getting on the witness stand may not be a good idea. Never mind, he tells his lawyer to tell the DA and judge he wants probation because he is a good Christian man. In fact, in their first interview he brought his Bible to the attorney visitation room and asked "Mr. Lawyer, are you a Christian?"

 Now he wants new counsel because current lawyer won't "fight to get him an awesome deal." 

Monday, August 5, 2019

How to Succeed on Probation

I wish I could take credit for writing this but I can't. The author is Clay S. Conrad and it first appeared in Voice for the Defense, the publication for the Texas Criminal Defense Lawyers Association.  Here goes:

Every probation officer starts out with three piles in front of them. The first one, the middle pile, is mainly new pro­bationers, or people that they haven’t learned much about yet. These are people that could go either way: They may succeed, they may fail. Probation officers are going to spend a lot of their time watching these people, to see if they are screwing up. Once they get to know the probationer better, they’ll know which way these people are going, but some probationers will stay in this pile all the way through: not doing poorly enough to fail, but not doing well enough to trust.
The second pile is the screw-ups. These are the people who, though they aren’t doing anything major, are late to probation meetings, don’t have their documentation in order, reschedule more than most, have a bad attitude, don’t get their community service done on time, are late with their fees and fines, or think they are going to game the system. They often view the PO as their enemy, or at least adversary—and if they are right, it’s because they’ve treated the PO as their enemy. The probation officers know these people are getting filed on (either to revoke or adjudicate) sooner or later. They are waiting to see if they get re-arrested before their probation is over, making the probation officer’s job easy. If the probationer doesn’t pick up a new case, the PO is likely to file on him or her a few months before their probation is over—letting them serve almost their entire probation, then get revoked or adjudicated based on all the little violations they’ve piled up. At the very least, they’ll probably get extended. They basically get punished twice. These people are doomed; they just don’t know it yet.
The third pile is what I like to call the Golden Boys. These people are always early for their appointments, have their documentation in order, their paperwork is legible, they complete their community service ahead of schedule, have a good attitude, are doing well at work, and are a pleasure to see every month. These are the success stories the probation officer will use to get a promotion. The probation officer trusts these people to take care of business.
I’ve seen probation officers help these people if they get in trouble on probation, making sure they finish on time or early. They’ll give them a second shot at a failed drug test. I’ve seen them file motions for early termination, on their own, and allow them to come in once every three months and appear by mail the other two. Probation officers bend over backwards to help their Golden Boys, because they’ve shown the probation officers that they have what it takes to succeed, that they respect the system, the probation officers, and the law enough to do what they are required to without complaint.
Your job, on probation, is to get into that Golden Boy pile as quickly as possible. Always be early. Make sure you’ve got your paystubs, or proof of looking for a job, in order before you go. Smile. Look the probation officer in the eyes and be polite and respectful. Get your community service done early. Pay off your fines and fees early. Say “thank you” and “you’re welcome,” and mean it.
Treat the probation officer as the most important person in your life. He or she sees dozens of people, each day, trying to manipulate and BS him/her. Be the one per­son who doesn’t do that. The easier and more pleasant you make his/her job, the easier and more pleasant your time on probation will be.
Moreover, your chance of getting early termination is almost nonexistent unless the probation officer is on your side. The easier you’ve made his/her life, the more likely he/she is to be on your side. Do what you need to do before the probation officer has a chance to remind you, and every day of your time on probation will go easier on you.

Wednesday, May 15, 2019

Looking for Witness - Reward

I an trying to find a witness in the Kevin Franke cases in Kerr County. His name is Lane Vaughn, about 20 years old. He is not in trouble. I just want to interview him. Will pay $200 for information. Thank you. 

Saturday, March 23, 2019

Are Court Appointed Lawyers Any Good?

It depends on the lawyer. In the Hill Country there are several excellent lawyers who regularly get appointed to defend indigent clients. They have knowledge, skill and judgment and zealously represent their clients.  They take pride in doing a good job. They know that judges, prosecutors and other lawyers are watching them. So are potential paying clients.

A lawyer who doesn't care or is incompetent can't practice very long before he or she gets into trouble with the courts or the grievance committee. Trial judges want lawyers who will provide effective assistance of counsel (required by the Constitution). No one wants to see an innocent person convicted. And by defending the guilty and making sure their constitutional rights are protected they help keep the system honest.

Most Hill Country court appointed lawyers also represent clients who retain them directly.

The federal courts require appointed lawyers to attend continuing legal education classes every year. They also have different levels of lawyers - the "A" list lawyers get the most serious felonies. There's a "B" list that gets appointed to misdemeanors and less serious felonies.


Thursday, March 21, 2019

Hire Us!! Award Winning Attorneys! Cases Dismissed! Biggest Criminal Law Firm in Texas!

If you are Google "Kerrville/Fredericksburg Criminal Defense Attorney" the first entry that comes up will be a paid ad. Chances are it will be for a law firm, we'll call it Dewey Cheatum & Howe, that claims to be one of the biggest criminal defense firms in Texas with 15 offices all over the state. They claim all sorts of award and have little emblems for them: The National TOP 100 Trial Lawyers, Newsweek Nationwide Top Attorneys, Voted Best Law Firm, Time Magazine 2013 Legal Leader, etc.  I and every lawyer I know gets solicited several times a week to be included in one of these "Super-Lawyers" or Best Lawyers lists. Just have to pay a hefty fee and you're in.

Their site strongly implies that a board certified criminal specialist will work your case. They have a long, long list - I mean pages and pages - of serious cases they claim they got dismissed, but give no details at all. BTW, all this violates State Bar advertising rules. For February this year they claim to have gotten almost 50 dismissals.

I have never heard of this "firm" before seeing their web ad. None of the lawyers I've asked in the Hill Country and San Antonio know them. If they were as big time and badass as they claim, don't you think other lawyers would know them or at least of them?

I am seriously pissed off about what, in my opinion, is misleading advertising, to put it politely. I happen to be board certified in two areas - criminal law and civil trial law, and I worked hard for almost 40 years to get to the level I'm at. I have friends and colleagues who are very qualified and capable lawyers - right here in Kerrville and Fredericksburg. A deceptive advertising campaign like this firm I'm talking about is unfair to us and to the people who are in the biggest trouble of their lives.

Before you hire a lawyer go to Lawyers.com and research them. Look for the 'av' rating, which indicates highest ethical standards and competence. And that's by the oldest, most respected ratings service in the country, Martindale-Hubbell, not some bogus award. 

Excuses and Things Criminal Defendants Tell Their Court Appointed Lawyers

Here are some of the things indigent criminal defendants tell their court appointed lawyers:

Children and Baby Mamas:

Inmate (I) : You have to get me out of jail so I can support my kids.
Lawyer (L): How many children you have?
I: Five.
L: Whose their mother?
I: For which one? The three year old baby mama is Janie. The middle two's baby mama is Susie. The youngest's is Mary.
L: Are you current on child support?
I (averting gaze): That's why you have to get me out of here.

But this is my first case:

I: It's not fair they want to send me to jail. This is my first case.
L: I'm looking at your criminal history and I see you did five years in California.
I: But that was not a drug case, that was a burglary.

They got no evidence:
I: They ain't got shit on me.
L: What about your wallet in the getaway card and your DNA on the mask one of the gunman wore?
I:  That don't prove shit.

I'm not a drug dealer:
I: I'm not a drug dealer.
L: But they found five grams of meth under your car seat, packaged to sell.
I:  I know, but I'm just an addict. I sell a little to my friends to pay for my own habit. That don't make me a drug dealer.

Not my pants, not my dope:
I: I ain't pleading guilty to something I didn't do.
L: But they found the meth in your front pocket.
I: Those weren't my jeans. I was staying with a buddy and put his on by accident.

But I only drank three beers:
I: I wasn't drunk. I swear on my mother/grandmother/baby son/daughter I only had three beers.
L: But the lab test showed you had THC, vicodin, and oxycontin in your blood.
I: But my ol' lady researched it on Google and it says they have to prove you had .08 alcohol in your blood stream.

But I didn't molest a kid:
I: It's not fair. It's not like I was molesting little kids or nothing.
L: But they found 500 child porn images and video on your computer.
I: I swear to God I didn't know it was there. Someone hacked it.

But she told me she was 19:
I: I didn't know she was only 15.
L: Doesn't matter. Ignorance is not a defense.
I: But she led me on. She was very mature. This wasn't her first rodeo.

Other things they say:

I've being going to Bible study and reading my Bible (showing lawyer dog eared Bible)

I didn't stab her. I was just fooling around with a knife and she stumbled into it.

My last lawyer sold me down the river.

My court appointed lawyer forced me to plead guilty.

I need a lawyer who believes I'm innocent and will fight for me (from defendant who is on video assaulting store clerk and stealing money and confessed)

Things they tell their lawyers to do:

I want you to tell that judge/DA to dismiss this case.

There's a law firm in San Antonio that can get this charge dismissed. Why can't you?

I want you to tell the judge to transfer my case to another county. The prosecutors and juries here are too mean.

I came to Kerrville from Detroit/California/New York because I heard it's got a good recovery community. That turned out to be a crock of shit!

From Amy Winehouse: I don't want to go to rehab, no no no !!!