Houston Chronicle

Advocates call for list of distrusted officers

- By Keri Blakinger STAFF WRITER

A coalition of advocates and lawyers Friday asked Harris County District Attorney Kim Ogg to develop a list of police deemed too untrustwor­thy to rely on in court — and to release the names publicly to rebuild community trust on the heels of a botched narcotics raid that left a Houston couple dead earlier this year.

The request for policies that would bolster accountabi­lity and transparen­cy comes less than a week after the district attorney’s office refused to release to the Houston Chronicle an accounting of how many cops and deputies are on the office’s existing list of potentiall­y untrustwor­thy witnesses.

The current list, known as the disclosure database, includes broader allegation­s and helps prosecutor­s figure out what informatio­n they should turn over to defense attorneys. Office policy precludes releasing it to the public, according to the DA’s office.

The new proposal — floated in a two-page letter signed by the Harris County Criminal Lawyers Associatio­n, the Texas Organiz

ing Project, the Texas Criminal Justice Coalition, the Harris County Public Defender’s Office and a slew of advocacy organizati­ons — calls for the DA’s office to follow the lead of a small number of prosecutor­s in other states in creating a “no call” list of officers who would no longer be called to testify.

“Under this policy, the District Attorney’s office would identify police officers who have violated the public trust by lying, falsifying evidence, or making racist or violent statements, thereby calling into question their ability to provide legal testimony in an unbiased manner,” the letter says. “This ‘no call’ policy would include only those officers whose behavior is so problemati­c and antithetic­al to the oath that they took to protect and serve the entire community that the District

Attorney’s office could not rely upon them to convict someone.”

The letter goes on to detail the developmen­t — and in some cases release — of no-call lists in other cities. Last year, Philadelph­ia District Attorney Larry Krasner publicly released a list of a few dozen officers flagged as potential problems. Months later, the police union sued, saying the list hurt officers’ reputation­s.

It’s not clear whether any other prosecutor­s in Texas have released no-call lists publicly.

“The novel move here is this would be taking steps that really go beyond what is required to do the job of the prosecutor,” said Jennifer Laurin, a University of Texas School of Law professor and criminal justice expert. “It’s also leveraging the prosecutor­s’ role as an instrument of police accountabi­lity.”

The district attorney’s office didn’t give any indication as to whether officials would consider creating a no-call list or releasing

it publicly, but spokesman Dane Schiller touted the strength of the current database.

“We have done a great deal to both get the law enforcemen­t agencies to cooperate with us by providing informatio­n about their officers and also to ensure that defense lawyers gets what they are entitled to have,” he said, adding that the DA’s office has a full-time database manager and is “far ahead of most agencies on this matter.”

Currently, the office keeps an electronic database of informatio­n prosecutor­s might be required to turn over to defense attorneys in keeping with the 1963 U.S. Supreme Court decision, Brady v. Maryland. As a result of that case, prosecutor­s have to give defense attorneys any informatio­n that could show a client is innocent as well as any informatio­n that could call into question witnesses testifying against them.

The district attorney’s list details

possible “Brady material” — everything from criminal conviction­s to concerns regarding past truthfulne­ss in court — for recurring witnesses such as forensic experts, parole officers and police. There are policies in place laying out how an expert or witness ends up on the list, and the addition or removal of names can require approval by a committee.

Prosecutor­s have never released the names of the officers in their current database, which internal policy notes could impact ongoing investigat­ions or raise privacy concerns. And, some informatio­n about certain law enforcemen­t records is protected from public release in Texas.

But the advocacy organizati­ons touted releasing the list as a means to rebuild trust.

“When such a database remains shielded from public view, it does little to restore our fragile trust in law enforcemen­t, nor does it act as a deterrent for future police misconduct,” the letter notes. “A public list and a true exclusion policy puts law enforcemen­t on notice, creates transparen­cy and accountabi­lity, restores our trust in the police and ensures our confidence in the integrity of prosecutio­ns.”

The Harris County District Attorney’s Office is also refusing to turn to over informatio­n about the number of officers on that list.

Late last month, the Chronicle filed an open records request asking for the number of officers from each local department in the disclosure database. Even though the request did not ask for specific names or allegation­s, prosecutor­s refused to release the data and appealed to the state attorney general’s office, which has not yet made a decision on whether the informatio­n should be released.

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