Harding Street court fights inch forward
Harris County prosecutors must share an offense report and other records with defense attorneys representing current and former HPD officers tied to the Harding Street raid, a state court ruled last week.
In a brief ruling released Thursday, a three judge panel from the state’s First Court of Appeals, based in Houston, denied arguments from the Harris County District Attorney’s Office that the documents were work product that should not have to be turned over.
The ruling — the latest in a court fight between prosecutors and the accused officers’ defense attorneys — comes more than two years after the Harding Street raid, in which Houston police narcotics officers raided a home in south Houston, killing two people, Dennis Tuttle and Rhogena Nicholas. In the raid’s aftermath, investigators discovered the narcotics officer who led the operation had lied about buying drugs from the couple’s home.
The officer, Gerald Goines, is now charged with murder.
Now, a dozen current and former officers face charges stemming from the incident and a subsequent investigation that uncovered overtime theft allegations — as well as a federal civil rights lawsuit against the city of Houston.
The recent ruling — issued by justices Peter Kelly, Sarah Beth Landau, and Richard Hightower — follows similar decisions from two district court judges who ordered prosecutors to turn over the reports requested from defense attorneys.
Harris County District Attorney’s spokesman Dane Schiller said prosecutors plan to appeal the ruling to the Court of Criminal Appeals, the state’s highest criminal court.
“The local appeals court basically punted, by not answering the question, ‘Do we have to share these documents at this time?” he said. “As such, we will definitely ask a higher court, the Court of Criminal Appeals, to make that determination.”
Ed McClees represents former Sgt. Thomas Wood, one of the officers accused of overtime theft. McClees said he was “pleased” the appellate court had agreed with similar judgments from two past judges, but noted that the DA’s office has already signaled it intends to appeal the ruling to the state’s highest criminal court.
“We’re disappointed (prosecutors) are going to try to continue to withhold these reports by appealing the Court of Appeals’ decision, but we’re confi
dent the Court of Criminal Appeals will rule the same way as all of the other courts,” he said. “Clearly there’s something in those reports they don’t want us to see.”
The day after the Court of Appeals ruling on the criminal case, a federal judge presiding over the civil lawsuit filed by relatives of the two people killed in the raid ordered the attorneys representing the city of Houston to produce other documents to attorneys representing relatives of Tuttle and Nicholas.
The lawsuit accused the city of Houston, former Chief Art Acevedo, and a dozen current and former narcotics officers of a wide range of misconduct, unlawful search and seizure, and other civil rights violations.
At the scheduling conference, Judge Alfred H. Bennett denied requests from the city attorneys to dismiss the lawsuit against the city and against
Acevedo, and ordered the city to begin producing discovery documents within 30 days.
Nicholas family attorney Mike Doyle cheered the ruling and said he hoped it would lead to more answers about the fatal incident.
“The Nicholas family is hopeful the court order will help end the city’s two-year, million-dollar coverup of what happened before, during and after the murderous raid,” Doyle said. “The family wants the mayor and police chief to go beyond the distracting ‘reform’ rhetoric and be truly accountable for what happened at the home of Rhogena and her husband.”
Mary Benton, a spokeswoman for Mayor Sylvester Turner, said: “Matters related to the Harding Street case are proceeding in a courtroom. At this time, the city of Houston chooses not to publicly discuss matters related to the recent ruling or ongoing investigation.”