Category: TEXAS

Case Dismissed

TEXAS DFPS WRONGLY ACCUSES PARENTS OF DEPRIVING CHILDREN

Civil Litigation: Texas DFPS Wrongly Accuses Parents of Depriving Children, Caseworker Lies Under Oath
Case: ITO S children [Cause 85840][Lamar County]
Result: Case Dismissed at First Hearing


Summary: The Texas Department of Childrens’ Protective Services claimed the parents of these three children neglected them by exposing them to controlled substances.  The caseworker, Tiffany Massey, testified under oath that the school principal of one child had told her he had concerns the mother was abusing prescriptions drugs.  Her only other evidence in support of her claim was hearsay testimony.

The judge dismissed the case, but Haslam had already interviewed the school principal and – knowing that he had denied ever making such a claim to Ms. Massey – collected an affidavit from him denying it under oath.  When coupled with the transcript of Ms. Massey’s testimony, her aggravated perjury appears to be a an easy charge to bring and conviction to get for Lamar County District Attorney Gary Young.  Time will tell.

Not guilty

INDECENCY WITH A CHILD BY CONTACT

Criminal Charge: Indecency with a Child by Contact
Case: State v. Evaristo Torres [F13-24064] [Dallas County]
Result: Not Guilty Verdict


Summary: Haslam and Dallas lawyer Frank Jackson tried this felony to a jury in the summer of 2016.  Mr. Torres was charged with illegally touching a granddaughter twice during family gatherings.  The jury acquitted him after a three day trial, a classic case of a child seeking attention during her parents’ divorce.

In this case, the teenage granddaughter actually admitted to a Dallas County District Attorney prosecutor two weeks before trial that she was “uncertain” her allegations had occurred.  While the prosecutor informed the defense of the admission, she didn’t inform the so-called expert who testified for the prosecution that the granddaughter exhibited many behaviors consistent with a sexual assault victim.  On cross examination, this “expert”, a woman with a college degree who represent herself as an expert in the field, admitted the child should have been interviewed by her organization, the Dallas County Child Advocacy Center, after the admission because this kind of recantation is not consistent with actual sexual assault.

The jury acquitted Mr. Torres in a little over an hour of deliberation, and this good man has returned to his many, many children and grandchildren an innocent man.

Case Pending

CONSPIRACY TO DISTRIBUTE CONTROLLED SUBSTANCE

Criminal Charge: Conspiracy to Distribute Controlled Substance and Unlawful Use of a Communication Facility
Case: U.S. v. Tasmin Stewart [3:15-cr-44-D(22)][NDTX]
Result: Pending


Summary:

The U.S. Attorney alleges Mr. Stewart unlawfully used a cell phone during the course of a sale of oxycodone in a motel. In exchange for his guilty plea, the AUSA agreed to dismiss the greater count of Conspiracy. As is the usual case in federal prosecutions, the AUSA tries to trump up claims about his prior misconduct to enhance his sentence. The case is pending sentencing.