The Oklahoman

Defense decries publicity in raid trial

- Juan A. Lozano

HOUSTON – Attorneys for a former Houston police officer charged with murder in connection with a deadly drug raid decried the publicity the case has generated and suggested Wednesday that newly discovered evidence could undermine prosecutor­s’ claims that the couple who lived at the home were unfairly targeted.

But during a court hearing, prosecutor­s reiterated that the pair were not drug dealers. They said former Officer Gerald Goines’ actions during the raid were part of a long history of misconduct and lies that resulted in multiple conviction­s and cases tied to him being overturned or dismissed.

Goines faces two murder charge s as well as other counts in state and federal court stemming from the raid he led in January 2019, in which Dennis Tuttle, 59, and his wife, Rhogena Nicholas, 58, were killed. The families of Tuttle and Nicholas have filed federal civil rights lawsuits against the city and 13 officers.

Prosecutor­s say Goines lied to obtain a search warrant by claiming a confidential informant had bought heroin at the home. Goines later said there was no informant and he bought the drugs himself, they allege. Prosecutor­s have said police found small amounts of marijuana and cocaine in the house, but no heroin, and Goines wrongly portrayed the couple as dangerous dealers.

Nicole DeBorde, one of Goines’ attorneys, said during the hearing that new evidence she was recently made aware of shows police believed the couple “were dealing drugs of a serious nature” and had large amounts of narcotics and lots of guns.

Prosecutor­s denied that, saying the evidence does not show Tuttle and Nicholas were dangerous. They also said the evidence was not new.

“We have no informatio­n that they are drug dealers,” said Tanisha Manning, a prosecutor with the Harris County District Attorney’s Office.

Family and friends of Tuttle and Nicholas have maintained that the married couple of 20 years were not criminals but animal lovers who lived quiet, simple lives when they were killed.

A dozen officers tied to the narcotics squad that carried out the raid have been indicted following a corruption probe. Most face charges related to an alleged overtime scheme, allegation­s of falsifying documentat­ion about drug payments to confidential informants or for allegedly lying on police reports.

Wednesday’s hearing also focused on a defense request to dismiss the murder charges because of purported prosecutor­ial misconduct.

Goines’ lawyers alleged that District Attorney Kim Ogg has generated excess publicity in the case that has made it impossible to pick an impartial jury.

The Texas Court of Criminal Appeals has overturned five conviction­s linked to Goines, while prosecutor­s have dismissed at least 150 cases tied to him.

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