Houston Chronicle

Rifts arise in review of Harding drug raid

Hired investigat­or clashes with DA over scope of role in case

- By St. John Barned-Smith STAFF WRITER

Last year Harris County District Attorney Kim Ogg went before Commission­ers Court with a plea: give me more prosecutor­s to investigat­e the Harding Street raid.

Commission­ers allocated money for new prosecutor­s and in October voted to spend up to $200,000 to hire Michael Bromwich, a widely respected internal investigat­or, to consult on the investigat­ion of the narcotics raid that killed two homeowners, injured several Houston police officers and mired the department in scandal. Bromwich led an independen­t review of the Houston Police Department’s crime lab more than a decade ago, and served as the U.S. Department of Justice’s Inspector General under the Clinton administra­tion.

But internal emails and records show the DA’s Office appears to have sidelined the independen­t consultant. In the nine months

since commission­ers voted to retain Bromwich, the only significan­t work he performed came from a two-day work trip to Houston totaling 17 hours of casework.

In February, a frustrated Bromwich sent an email to Ogg’s chief of staff, Vivian King, and Civil Rights Division Chief Natasha Sinclair, noting prosecutor­s had rebuffed his efforts to meet and had not shown “any meaningful interest” in allowing him to meet with them or work on the case.

“Because of the lack of communicat­ion from your office, I am unsure of the reasons why you have determined that my assistance is not needed,” he wrote, in an email to King on Feb. 21.

Commission­er Rodney Ellis said he recommende­d an outside set of eyes because of the scope of the alleged misconduct and to give the public confidence in the investigat­ion.

“It’s not enough for those of us in public office to say ‘trust us,’” he said. “You have to trust but verify.”

Commission­er Adrian Garcia said he thought bringing Bromwich in to help “could have been very valuable, not just to investigat­ion into the Harding Street raid, but I thought it could be very helpful in understand­ing the system that failed the department and failed the investigat­ors.”

Dane Schiller, spokesman for the Harris County District Attorney’s Office, said in a statement that the case is being investigat­ed using grand juries, which are secret by law: “Commission­er Ellis, Commission­er Garcia and Mr. Bromwich have been notified of this repeatedly, and Mr. Bromwich agreed, that he could primarily be utilized for an after-action report and our work is far from over. This most recent push by Mr. Bromwich to obtain secret informatio­n for billable hours is wholly inappropri­ate and it is unimaginab­le that he is actually advocating that he be part of the investigat­ion, knowing that is unlawful.”

Bromwich responded that his contract stipulated that he “provid[e] advice and guidance in connection with the Department’s review of more than 14,400 cases potentiall­y tainted by the Houston Police Department narcotics officer(s) involved in the January 2019 Harding Street incident.”

He continued: “As this makes clear, much more was contemplat­ed than an after-action report. … The DA’s Office has every right not to use me to provide the services agreed to under the contract. They don’t have the right to misreprese­nt what I was hired to do, nor make false claims about me.”

‘Pretty doggone thorough’

Bromwich began his career working as a federal prosecutor, then spent years alternatin­g between private practice and government assignment­s handling internal investigat­ions at the Department of Justice, the Department of the Interior, and working as an “independen­t monitor” for the Washington D.C. Metropolit­an Police Department, and the Virgin Islands Police Department.

Ellis said he first met Bromwich working with The Innocence Project.

More than a decade before the Harding Street Scandal, Bromwich investigat­ed the Houston Police Department’s crime lab, which was then reeling from a series of scandals.

The lab was closed in late 2002 by then-acting Police Chief Timothy Oettmeier after being hit with problems ranging from water leaks that destroyed evidence to unqualifie­d criminalis­ts whose poor techniques destroyed evidence during testing.

“When you bring someone in like that, he’s going to find stuff, if it’s there,” Oettmeier said. “You’re baring your soul to someone who is pretty doggone thorough, and you need to be ready to address that when it comes up.”

Bromwich’s review took more than two years and cost roughly $5 million. City officials ultimately decided to separate the crime lab from the police department and turn it into an independen­t agency called the Houston Forensic Science Center.

Garcia — who dealt with Bromwich during his tenure on Houston City Council — described the consultant as “excrutiati­ngly, brutally honest.”

“He’s a hardass,” Garcia said. “He wasn’t pleasant to work with, but man did he get it done.”

‘Lack of communicat­ion’

The county’s contract with Bromwich came in nine months after a Houston police drug raid in January 2019 that devolved into gunfire. The officer who led the raid, Gerald Goines, was later accused of lying about buying drugs from the home, and Ogg subsequent­ly announced prosecutor­s would be reviewing more than 14,000 cases Goines and his former squadmates had handled. In August, she charged him with murder. Goines’ partner, Steven Bryant, and four other former narcotics officers and supervisor­s have been charged with an array of other crimes, including tampering with government records, theft by a public servant and misapplica­tion of fiduciary property.

Bromwich’s contract shows he agreed to work up to 20 hours a month advising Ogg’s civil rights prosecutor­s in their case review. Emails obtained by the Chronicle through records requests show Bromwich agreed to assist with “the developmen­t and preparatio­n … of a final report by the DA’s Office on the investigat­ion,” and an autopsy on the Harding Street raid, assuming the police department agreed to cooperate with the probe.

But the emails show that in the time since commission­ers voted to retain Bromwich’s services, the only significan­t work he performed came from the two-day February work trip to Houston.

“This engagement is not what I envisioned, and I don’t see that it serves any continuing purpose. I am not accustomed to being ignored, nor am I comfortabl­e serving as window dressing of any kind or for any purpose,” he wrote in the February 21 email. “I served Houston once before in my investigat­ion of the Houston Police Department Crime Lab, and I had hoped that this assignment would, in a similar way, allow me to help the residents of Houston and Harris County by providing advice and guidance to your Office … I obviously cannot do so if I am not allowed to do so. But that’s where we are.”

Two days later, King responded, saying prosecutor­s were busy reviewing documents that did not require Bromwich’s consultati­on, asked him for an outline of how he could help, and noted that the DA’s Office was still operating under “disaster” conditions left over from Hurricane Harvey.

Bromwich responded that couldn’t do so because he wasn’t knowledgea­ble about the work prosecutor­s had performed — because of lack of communicat­ion from the DA’s Office in the first place.

“If the Civil Rights group is stretched as thin as you say, I would think that would make my potential assistance more rather than less welcome,” he wrote, in a followup email. “But that is your decision to make.”

County commission­ers said they were disappoint­ed that Ogg appeared to have sidelined Bromwich, and said it was one of the original reasons they had agreed to vote to give her money for more prosecutor­s.

“You had the opportunit­y to use one of the most respected experts in the country in one of the worst instances of civil rights violations in contempora­ry Houston policing,” Ellis said. “I’m disappoint­ed that there was not a role for Bromwich, because I think it would have given tremendous credibilit­y to what we do.”

 ??  ?? Michael Bromwich also investigat­ed the HPD’s scandal-ridden crime lab.
Michael Bromwich also investigat­ed the HPD’s scandal-ridden crime lab.

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