Sunday, November 7, 2021

Interference with police investigation? Failure to treat a 'scene' as a 'crime scene.' Waller County; Texas: Extraordinary Development: No charges laid after a car plowed into six innocent motorists: A very upset District Attorney Elton Mathis speaks out..."This case was not handled appropriately by the investigating agency. PERIOD. Despite being encouraged by the Texas Department of Public Safety to treat the scene as a crime scene and to contact the D.A.‘s Office for advice on how to proceed, the investigating agency chose not to do so......... There has been some online and community speculation that the incident was handled in the manner it was because of connections between the motorist and Waller city officials. At this point we can confirm there are some connections, but have yet to see evidence of a city official directing the officer on the scene as to how to handle this particular situation. We will continue to look for any such criminal interference as the investigation proceeds." (A charging decision is expected on November 8, I am following developments closely. HL);


PASSAGE OF THE DAY: "All sides of this matter (the juvenile, the adult passenger, their families, the victims and their friends/families) can be assured that this case is not being swept away as the days pass, and attorneys for both boys are being cooperative at this time. This will not be a lynching and likewise it will not be a case of small county politics making problems just go away."

--------------------------------------------------

UPDATED POST (We expect a charging decision to be made public on November 8, 2021.)
It has been 16 days now since six innocent bicyclists were run over by a motorist in Waller County. This office tried to refrain from passing any judgment until we could gather information about what happened at the scene. As previously stated, we did not get professionally or formally notified of the occurrence at the time of the event, but found out via social media. Now, we are able to share a small part of our opinions as the case investigation progresses and questions continue to arise as to how the D.A.’s office will proceed.
1) This case was not handled appropriately by the investigating agency. PERIOD. Despite being encouraged by the Texas Department of Public Safety to treat the scene as a crime scene and to contact the D.A.‘s Office for advice on how to proceed, the investigating agency chose not to do so. The actions of the Texas Department of Public Safety on scene were professional and we are thankful they were there to assist. We are also working with the Waller County Sheriff’s Office to gather the evidence they are able to provide as they arrived on scene to backup Waller P.D. Sheriff Guidry has been most helpful in this regard.
2) There has been some online and community speculation that the incident was handled in the manner it was because of connections between the motorist and Waller city officials. At this point we can confirm there are some connections, but have yet to see evidence of a city official directing the officer on the scene as to how to handle this particular situation. We will continue to look for any such criminal interference as the investigation proceeds.
3) Attorneys for the victims have been more than helpful in assisting this office with seeking justice. Our lines of communication are open and the victims questions are being answered as they arise even though we know they would prefer a faster decision-making process.
4). All sides of this matter (the juvenile, the adult passenger, their families, the victims and their friends/families) can be assured that this case is not being swept away as the days pass, and attorneys for both boys are being cooperative at this time. This will not be a lynching and likewise it will not be a case of small county politics making problems just go away.
5) Finally, we ask that all of our community members and bicyclists that come here to continue to be respectful of one another, share the roads and abide by the laws. This is not the time for finger pointing at groups or making assumptions about people based on their choices in sports or residency. The world is already filled with too much hate and we can do our part as a community (that includes its cyclists and farmers alike) to ensure that justice is done in the courtroom and not on the side of the road. The world is watching all of us. Let’s be the example that it needs to see.
Thanks to all of you for your continued patience.

---------------------------------------------------------------
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog;
-----------------------------------------------------------------
FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
—————————————————————————————————
FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!
Christina Swarns: Executive Director: The Innocence Project;

-----------------------------------------------------------------------------
FINAL, FINAL, FINAL WORD: "It is incredibly easy to convict an innocent person, but it's exceedingly difficult to undo such a devastating injustice. 
Jennifer Givens: DirectorL UVA Innocence Project.