Category: TEXAS

Case Dismissed

THEFT OF PROPERTY > $2500

Criminal Charge: Theft of Property > $2500
Case: State v. Candace Brody [F-16-48478][Dallas]
Result: Dismissal


Summary:  Ms. Brody was charged with stealing money from her cafe employer by loading gift cards, selling them to third parties and pocketing the cash. The Dallas County DA floundered in its theory of just how this happened but eventually claimed the café surveillance video evidenced this behavior.

Curiously, the DCDA didn’t have an indictment after almost two years. Suspecting a problem, Haslam began filing demands for a speedy trial:  First Speedy Trial Demand | Second Speedy Trial Demand.

When the prosecutor eventually managed an indictment, Haslam filed his motion to dismiss the case for want of a speedy trial.

Haslam argued the motion to the Dallas County District Court at a hearing on the motion to dismiss. After hearing from Haslam and the prosecutor’s objections, the judge granted Haslam’s motion for dismissal.

 

 

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. Acquitted Defendant [F13-xxxxx] [Dallas County]
Result: Not Guilty Verdict


Summary: In this classic case of a child seeking attention during her parents’ divorce, Haslam and iconic Dallas trial lawyer Frank Jackson tried this felony to a jury in the summer of 2016. The defendant – whose name is omitted here because a jury acquitted him – was charged with illegally touching a granddaughter twice during family gatherings.  The jury took only an hour to acquit him after a three day trial.

The early 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 routinely “testifies” for the Dallas County District Attorney, 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 inconsistent with actual sexual assault. She further admitted that had she been made aware of this admission by the granddaughter, she would have told the prosecutor the young woman should be re-interviewed.

The case is just one more illustration of the reality that prosecutors can lose their commitment to truth in the blind devotion to career advancement. And an illustration of the value of experienced trial counsel.