Houston Chronicle

Investigat­or’s fall shows cracks in record

- By Anita Hassan

On TV, former Harris County Sheriff’s homicide investigat­or Craig Clopton was sure-footed, dedicated and considered a “closer” — a detective frequently tapped to interview stubborn suspects. But as he pleaded to regain the post he lost after his romantic interlude with a murder case witness, he showed little resemblanc­e to the seasoned investigat­or many knew him to be.

Appearing before the county’s civil service commission in an effort to get last fall’s terminatio­n modified, Clopton expressed his contrition in tones occasional­ly barely audible in the small, crowded hearing room.

He explained he’d been off duty when his misconduct occurred and asked for commission­ers to consider letting him retire from the department.

Working in his favor, he asserted, was his shining record as an investigat­or — much like his work chronicled in A&E’s crime documentar­y series, “The First 48.”

While his plea was unsuccessf­ul — a three-member panel took just 15 minutes to uphold his firing

— Clopton’s testimony spotlighte­d one last time a storied career more nuanced than the one millions of viewers glimpsed on TV.

At last week’s hearing, Clopton described how much he loved police work, saying that interviewi­ng suspects and eliciting confession­s was his specialty.

“That was my thing,” he said, describing how other investigat­ors often called upon him to assist with tight-lipped suspects.

From jailer to peace officer

A review of court records, however, provides a different view of Clopton’s interview techniques.

In a 2012 fatal stabbing, Clopton filed murder charges against 20-year-old Zein Ahmed that were later dismissed by prosecutor­s after they found the confession details were incorrect. Ahmed said Clopton coerced a confession from him after grilling him for more than eight hours.

In another case, an 18-year-old man was not read his Miranda rights until after he made a confession. In still another, a suspect was told he could not have a lawyer until after he was charged.

The purported Miranda irregulari­ties were among arguments appeals lawyers unsuccessf­ully made on behalf of the latter two defendants.

Clopton and his attorney, Carson Joachim, declined comment.

Clopton, 52, joined the Harris County Sheriff ’s Office in July 1991 as a jailer, holding the job about three years before training to become a certified peace officer.

His career moved forward in an unremarkab­le manner. For nine years, Clopton worked on patrol in western Harris County, then he transferre­d to internal affairs, worked in the warrants division and, lastly, beginning in 2005, landed a job in homicide.

Clopton’s downfall began as he was asked to assist with the murder investigat­ion of his colleague, sheriff’s deputy Darren Goforth, who was fatally shot in August during an unprovoked attack at a gas station.

Weeks after the murder, it emerged that Goforth had been having an affair with a woman who was with him when he was killed.

Within a few weeks, what began as Clopton’s routine questionin­g of the woman — a potential witness — grew into a consensual sexual encounter. Sheriff Ron Hickman fired Clopton in October after the incident was brought to light.

Before civil service commission­ers, Joachim asserted that his client maintained a spotless record before the incident.

His file contained at least 10 letters of commendati­on. His work evaluation­s were stellar. Rarely did the detective call in sick. When he was fired, most of his sick days still were on the books.

“I remember just being a kid, I wanted to be a police officer and I wanted to work homicide, and the day that it came true, years later, I was then doing what I had always aspired to do,” Clopton told commission­ers. “That job came natural to me.”

In his decade as a homicide investigat­or, Clopton filed more than 40 murder charges. More than half ended in conviction­s, according to court records.

“I think he was one hell of an investigat­or,” said former homicide Lt. John Denholm, Clopton’s one-time supervisor. “I always got compliment­s about him.”

While some investigat­ors have strengths and weaknesses, Denholm said, Clopton was uniformly competent in all aspects of his job.

“Craig was like the whole package,” said Denholm, who now is a lawyer. “He was the kind of guy that if someone in your family was murdered, he was the guy you wanted investigat­ing it.”

Clopton’s prowess as an investigat­or was celebrated in A&E’s serial

television documentar­y “The First 48.”

In an episode about the 2011 murder of Donald Frye, 42, who was fatally shot in his Atascosita driveway, Clopton confronted 18-year-old Giovanni Mora about fingerprin­ts found on the victim’s Mercedes Benz.

“You need to tell me what happened,” the investigat­or told him.

“I didn’t shoot (anybody),” the teen responded. “I just wanted the car.”

Mora then implicated two others, and within days all three had been charged with capital murder.

‘An out-and-out lie’

The episode made great TV, but court records reveal a much more complex case.

They show that other investigat­ors questioned the teen for nearly two hours before Clopton entered the room with the forensic fingerprin­t evidence. Forty minutes later, Mora implicated himself. But it was only then he was apprised of his Miranda rights.

The teen’s lawyers later argued that his statements should not have been admitted at trial because they came as the man was being interviewe­d as a potential witness, not a suspect.

“Once a forensic piece of evidence is brought in showing that someone is a suspect and not a witness, then the rules are that you have to read someone their rights,” said the teen’s appeals lawyer, Pat McCann. “They consistent­ly pretend that suspects are witnesses. They consistent­ly try to get them to commit to statements as witnesses instead of suspects, and it’s a lie.”

Prosecutor­s contended that Mora never was in custody prior to his admission and that he had come to investigat­ors of his own accord.

Though not the gunman, the

teen was convicted of capital murder under Texas’ controvers­ial law of parties. He was sentenced to life without parole; his conviction was upheld on appeal.

Clopton employed another investigat­ive tactic when he interviewe­d Theron Owens, 47, who had been accused in the May 2008 fatal stabbings of his mother and grandmothe­r.

About two days after the slayings, court records reveal, Owens came to the sheriff ’s homicide office to give a statement.

He was taken into custody immediatel­y and read his Miranda rights, which entitled him to an attorney. Owens, who a psychologi­st later determined had an IQ of about 70 and suffered from brain damage due to long-term drug use, told Clopton and fellow investigat­or Roger Wedgeworth that he intended to cooperate but wanted an attorney present.

Neither Clopton nor Wedgeworth stopped the interview after his request. Instead, the investigat­ors offered him a phone book, then told him he could use his cellphone to call an attorney.

Owens repeatedly told the detectives he could not afford a lawyer.

Finally, Wedgeworth told him that they could not get him a courtappoi­nted attorney until he’d been charged, even though Miranda guarantees — upon arrest — the rights to remain silent and to have access to a lawyer. Free court-appointed counsel is provided to indigent suspects.

In this case, Owens ultimately agreed to talk without a lawyer present, admitting guilt.

Jani Maselli Wood, an assistant Harris County public defender, wrote Owens’ appeal and called what Clopton and Wedgeworth had done one of the worst interrogat­ion tactics she’d ever seen in her nearly 25-year career. She and his trial attorneys both argued that Owens’ statements to investigat­ors should not have been admissible at trial.

“I’ve never seen such an outand-out lie,” Maselli Wood said.

In a response to his appeal, prosecutor­s argued that Owens was not formally in custody when questioned. Even if he had been in custody, prosecutor­s argued, he had effectivel­y waived his Miranda rights by initiating contact with authoritie­s.

Owens was convicted and sentenced to life without parole.

“That one really bothered me,” Maselli Wood said. “Because they know they violated his constituti­onal rights. They know it and they chose to do it repeatedly, regardless of what their duty is. They chose to do it because they wanted a confession. They didn’t want the truth. They just wanted a confession.”

‘My own mistake’

At last week’s hearing, Clopton said his misconduct and the events following it had been incredibly difficult for him.

He sat at a long conference table, his hands folded in front of him, his gold wedding band on his left hand. He made eye contact only with attorneys and the commission members, rarely looking toward the news crews or members of the sheriff’s office also in the room.

He spoke softly and on occasion was asked by commission­ers or the court reporter to speak up. His voice shook at times, especially when expressing regret about his actions with the witness.

“This whole incident has tarnished my image to a lot of what people looked up to me for, and I truly regret that, but I do stand behind what I did as my own mistake,” he said. “I regret that.”

 ??  ?? Craig Clopton was fired after misconduct with a witness.
Craig Clopton was fired after misconduct with a witness.
 ?? Catch up on previous coverage of the Darren Goforth killing and investigat­or Craig Clopton at HoustonChr­onicle.com/Goforthcas­e ??
Catch up on previous coverage of the Darren Goforth killing and investigat­or Craig Clopton at HoustonChr­onicle.com/Goforthcas­e

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