TheAgitator.com
Texas DA Accused of Stealing From Motorists Wants To Defend Herself With Money She’s Accused of Stealing From Motorists
Friday, October 2nd, 2009The little town of Tenaha, Texas has been all over the news in the last year after several defense attorneys revealed the town’s police had been pulling over motorists along a main highway, seizing their property (cars, cash, jewelry, etc.), then presenting them with an unsavory bargain: Sign a waiver forfeiting all of their property over to the police, or be arrested for drug crimes where, even if innocent, they’d face a night or more in jail and attorney and court fees that would usually amount to more than what the property was worth.
One defense attorney found that of 200 seizures made by Tenaha police between and 2008, just 50 were ever criminally charged. That’s actually about average for forfeiture cases. It’s the bargain Tenaha police struck with motorists, nearly of them black, that’s illegal.
Tenaha’s police department and Shelby County District Attorney Lynda K. Russell—who used forfeiture funds to pay for a Christmas party and to buy tickets to a motorcycle rally—are now subject to a federal civil rights investigation and a federal civil rights lawsuit filed by the ACLU of Texas.
Here’s the crazy part: Russell is attempting to use proceeds from the county’s forfeiture fund to pay for her legal defense. That is, she wants to raid the fund she’s accused of stealing from motorists to fund in order ot defend herself from accusations that she stole from motorists to fund it. The ultimate irony here is that when law enforcement officials freeze a suspect’s assets in anticipation of a drug prosecution, the suspect isn’t allowed to use any of those assets to pay for his own legal defense.
The ACLU of Texas is asking the state attorney general to block Russell.
I have a suggestion.
You know that interactive map that Radley created a while back showing instances of no-knock or paramilitary-style police raids? How about a new map cross-referenced to a highway map of the US showing municipalities or counties that have demonstrated themselves to be corrupt beyond repair (speed traps, asset forfeiture, etc.) so that the public may be made aware and avoid them in their travels? Alternate routes could be suggested. Especially benign cities and towns could be highlighted.
This would promote a boycott of said municipalities and counties and possibly act as a brake on the addition of other entities to the list, and possibly encourage the corrupt ones to reform.
Just an idea. If I knew how to work the software or if anyone could point me in the right direction, I could take a stab at it.
It’s time for action, not words.
I like the interactive map idea, but I’d rather it highlight particularly abusive officials. they deserve to be publicly recognized for their dubious achievements. Cuba didn’t bow to boycotts… we need to attack the individuals responsible.
Cynical, I’d like to help!
Assuming she is allowed to use the fund to fight the charges I can see it going all the way to the high court before the case is finally found in favour of the motorists.
I can then see the court ordering that the money is paid back from the fund, but none of it ever being seen because it’s all gone in legal fees.
Ain’t justice grand?
Oh, and cynical, the only worry I have about creating a map like that is that by showing county officials how badly their peers are behaving it might encourage them to up the ante just as the traffic starts flowing through the routes you’ve recommended.
“Can’t go any other way than this? I’ll fine you all $100 for ‘speeding’. Hey, at least i’m not seizing your car!”
Well how else are they going to fund their yearly Sex with a Relative or a Farm Animal Festival????
People say that the profession of police officer attracts bullies. That’s not saying that all cops are bullies, or that all bullies are cops; just that being a cop is attractive to bullies. There is something similar to be said about the profession of lawyer.
The profession of lawyer attracts people who are essentially amoral, people who believe that life is simply about exploiting every hairline crack of advantage to one’s own advantage. Life’s a game, and they want to win at all costs and at every turn — and it’s a “good game” to the extent that they can outwit everyone without completely tearing up the rulebook.
These lawyers, including the DA in question, are just another example of high-functioning sociopaths.
An interesting idea. However, the main problem is getting the data, in any form. If we could get that, any number of code monkeys (like me) could write a script to parse it into a readable aggregated form, and any number of design guys (not me) could take that and create a nice visual representation (that particular mapping software wouldn’t be very good, because to really be useful, you’d need tens or hundreds of thousands of datapoints).
Getting at the data in the first place is the hard part, because reporters just don’t find it interesting when another poor sap gets his car stolen by the cops, and the cops sure aren’t going to report it in any place plebs like us can see. I’d take a stab at the first half of this if there’s actually a halfway decent data source around.
I have a question. Is it her office or the DA personally who’s being sued here.
If it’s not the office, I can’t see any claim that she would have use to those funds. That is, apart from the “we’re part of the system so the rules don’t apply” standard.
Great post and I love the site. Ugh, I feel like a jerk, but this post has several grammar issues and missing words.
“The profession of lawyer attracts people who are essentially amoral, people who believe that life is simply about exploiting every hairline crack of advantage to one’s own advantage.”
I don’t think so. I was first attracted to become a lawyer at the age of 6 by Perry Mason’s attempts to protect the innocent. At the age of 9, I thought that I would be a lawyer working for Martin Luther King.
I started out in a DA’s office thinking I would prosecute people who raped and murdered little black boys and threw their bodies into a West Texas cotton field or people who dragged 21 year old girls out of their homes onto a West Texas road to rape and cut their throats. I quit the DA’s office after listening to the bragging of a DEA agent who liked to give attitude adjustment treatments.
Now I like to fight hospitals, pro bono, who want to take away life-sustaining treatments from those whose families object (or who object themselves). Plus, I know plenty of attorneys who are affiliate attorneys to the ACLU or Alliance Defense Fund or the Texas Home Schooling Association, the Home Schooling Legal Defense Association who fight for people’s rights.
Lawyers suck in general. In specific, there are plenty who want to preserve our rights.
I wonder if the DA would represent herself and/or the police chief. She could charge $500/hour and make a nice dent in the fund.
I would expect to see forfeitures along almost any long stretch of highway. The trick would be tellin apart the corrupt places like Tenaha apart from areas where they are intercepting actual drug runners.
I have seen apps like this one:
http://reviews.cnet.com/8301-19512_7-10361909-233.html
that alert drivers to possible speed traps.
Too bad there isn’t enough data on the kinds of abuses from police available to make a similar one so that a person could avoid areas that would put them in danger of losing their cars/property.
I don’t know the age of the DA, but assuming that she isn’t about to retire, remember her name. She will be a GOP-endorsed candidate for the Texas Court of Criminal Appeals in a few years. She would be in good company there today.
-ct-
Appreciate the positive feedback for the idea, but I must admit it’s a big project, possibly more than I can chew. In the meantime, I found this site:
http://www.assetforfeiturewatch.com/ME2/Default.asp
I’m going to see what I can find by online searches. If I find enough stories to establish that asset forfeiture abuse is a widespread enough problem to merit continuing, I’ll take the next step.
Wow! Mario, you have hit on something that just dawned on me (light bulb!)! Could it be that you could expand the likes of our existing politicians in congress, and the senate to fit the same description of the lawyers, and cops? I would emphatically cry a resoundiing “YES WE CAN!”
Years and years ago (mid-60′s, maybe?) AAA mapped and sent out warnings for all the worst speed-trap locations in the South between the northeast and Fla. There were several really notorious ones, especially when the interstate didn’t go all the way thru.
This was all done manually, of course. No cool software or screen graphics.
Zargon,
Could it be something like Angie’s List, which as I understand has local users rate local service companies? In other words, you could have people self-report. Have them list the category of offense (asset forfeiture, Search and Seizure violations etc.). Sure you would get cranks attacking police departments, but you could have a feature that allowed them to list their case numbers. That would provide something of a check on the cranks.
Having worked on a few civil fraud cases, I think that is the standard MO — use the money you stole to defend yourself from the people who rightfully own it.
Standard criminal behavior, really.
Why not post pictures of these comi`s all around town..even in the schools where the crooks kids attend,in the church where they don`t attend.
Shopping Malls,buses,cabs,trains,doctors offices,maybe the Post Office,telephone poles,benches……tell their neighbors.
Get rid of these POS by your self.
That way when someone see`s one of these sick cops they can be prepared for the worse…have a video camera set up somewhere,somehow.
Don`t expect the corrupt courts to treat you honestly…they won`t!
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I’m pretty sure that google has some sort of mapping capability where you can input data points and whatever relevant notes/details you want. I’m not sure if it would work for this, I’ve never used it myself, but (and don’t anyone take this the wrong way) but I remember a while ago seeing something from MUFON where they were keeping track of UFO sightings across the country using google maps.
Speaking of, I’m in NYC and someone told me that the FBI recently raided a G-20 protesters home in Queens…and supposedly they were trying to get him for posting alerts to other protesters on twitter about police activity during the protests, apparently the FBI is pushing for some sort of Patriot Act BS “conspiracy” violation. Anyone know anything more about this, or if police have ever in the past hassled people for alerting about stuff like check points, and other police activity?
I’m sure the FBI/police would try and hassle people for posting any sort of corrupt cop mapping program, but I don’t think it should stop anyone from doing it.
One thing to remember in all this is that most all the motorists that were illegally hounded into giving up their property and money were unaware of their rights and how to use them. The People have NO legal responsibility to answer ANY questions by a cop and the People never have to give consent to search.
Most all these cases began with a traffic stop and unsavvy drivers telling the cop how much money they are carrying, or display it when asked ( or told to )..or in allowing a search.
To protect ones’ rights and legal standing, NEVER give consent to any warrantless search, no matter how many bluffs and lies the cops tells..no matter that they threaten to delay you while they’ get a dog’…they are legally constrained ion what they do and if you answer NO questions whatsoever, which is youir absolute legal right after properly identyifying yourself and presenting all documents for the car..you will drive away with all your stuff OR you will have excellent standing to get it all back later, after you sue the scum.
When a cop asks’ Where are you going tonight?’, it is to get you to answer him and keep answering, no matter how intrusive he gets. the public is conditioned alreadey, terribly so,in the area of rights and standing up for them. most people are not prepared to look authority in the eye and say ‘ NO!!’.
Never volunteer any info on what you are carrying and never ever give consent to search. When the cops, who view public service as intimidating and threatening their employers, sadly, ask you why you are not giving up your precious rights, just say that you have a high expectation of privacy, even in your car. That is the language of appeals courts and is the best reason to never allow a search.
Also, saying NOTHING is the best way really…never answer any questions, ignore the cops until they either ask you to sign a ticket or go away or arrest you. No matter what happens, even if the cops violate your rights, if you follow the above advice at least your attorney will have the best chance possible of geting any evidence thrown out under the exclusionary rule, or get your property back from an open case of highway robbery.
The drivers affected by these scum cops and D.A’s gave in and should have called the cops bluff; in most cases they will relent as openly illegal actions on their part can lead to big trouble for them personally..and the few that do not back off can be made to pay the price later in a federal court.
never give up…never give in…practice standing firm to cops and telling them NO…hell NO!! No search…no answers to personal questions..and complain and file against any cops that go too far and violate your rights in any way. thats the only way we will ever reign in these robbers with badges.
Self-reporting doesn’t get you very far. I mean, it’s a great source of anecdotes, much like this site is a great source of anecdotes for all sorts of police abuses.
If you tried to make data out of a self-reporting service, you would end up mostly with a chart showing where the people who know about the service are. If it got really widespread, that issue would become less of a problem, but that’s obviously very far down the line.
Ideally, the source(s) would be of the type that just automatically logs this stuff. Court logs, traffic ticket logs, the logs for whatever account receives fines… stuff that’s hidden – and for good reason (to the people doing the hiding).
Less ideally, if this stuff was reported on halfway consistently, newspaper archives could be parsed, where available. Of course, its not (anywhere I’m aware of), so this option is out.
On the other hand, I watch year after year of congress taking thousands of dollars from me personally and handing it directly to people decidedly less deserving of it than me, and that makes me wonder if it’s worth so much effort fighting to avoid having a few hundred dollars in cash or property stolen from me every few years. I mean, even if policemen steal my car several times in my life, that’s still only a tiny fraction of what congress will steal from me in my life.