Fatal Houston PD Drug Raid Apparently Predicated On Drugs A Cop Had Stashed In His Car

from the this-is-insane dept

The ugly Houston PD drug raid that resulted in four injured officers and two dead "suspects" just keeps getting uglier.

Officers swore a confidential informant purchased heroin from 59-year-old Dennis Tuttle in the house he shared with his wife of 21 years, Rhogena Nicholas. They swore the CI told them the house was filled with heroin packaged for purchase.

On the strength of this confidential informant's claims, officers obtained a no-knock warrant and raided Tuttle's house. The officers claimed Tuttle opened fire on them and that his wife tried to grab a shotgun from a downed officer. This was the supposed reason for SWAT team's killing of Tuttle and Nicholas.

This was the narrative everyone was given. Not a single officer was wearing a body cam, despite the department possessing dozens of them. The only footage that survived -- captured by a neighbor's security camera -- was confiscated by the Houston PD.

Even in this vacuum of information, the PD's narrative quickly fell apart. No large amounts of heroin were found during the raid -- just personal use quantities of heroin cocaine and marijuana. The inventory also included a few guns, which the PD has treated as inherent evidence of criminality despite the fact both Tuttle and his wife could legally own the weapons found in the house. The only criminal history either of them had was an old misdemeanor charge for a bad check.

Now that the PD's investigation into this raid is underway, it's becoming clear the official narrative -- a daring no-knock raid that took out dangerous heroin dealers -- isn't going to survive. The new narrative already includes multiple lies by police officers and a lot of supporting evidence.

First off, the raid inventory does not include the weapon officers claimed Tuttle fired at them.

The other four items in the inventory are guns: a 20-gauge Beretta ALS shotgun, a 12-gauge Remington 1100 shotgun, a Remington 700 bolt-action rifle, and a .22-caliber Winchester 190 semi-automatic rifle. The list does not include the .357 Magnum revolver that police say Tuttle fired at the officers who broke into his home, shot his dog, and killed his wife.

It also doesn't include the money the CI paid for the heroin or the weapon he claimed Tuttle was carrying.

Nor does it mention the 9mm semi-automatic handgun that the C.I. supposedly saw in the house the day before, which apparently disappeared along with the heroin and the money.

The PD also claimed the investigation was initiated by an anonymous call claiming the couple were selling drugs from their house. Since that initial press salvo by Chief Art Acevedo, information has come out indicating the "tip" was neither anonymous nor did it reference drug dealing.

A 911 call from the mother of now-deceased suspect Rhogena Nicholas put 7815 Harding Street on police radar. Sources close to the investigation say her mother called reporting the 58-year-old was doing drugs inside her own home.

It only gets worse. According to statements from officers now under investigation, it appears the Houston PD raided a house, shot a dog, and killed two people over drugs a police officer had stashed in his vehicle. (As is pointed out in the comments, the current version of the Chronicle's article has reworded these two paragraphs slightly. Here's a link to an archived version containing this pull quote.)

In the original warrant - the one used to justify the raid - [Officer Gerald] Goines wrote that he watched the buy and, along with Bryant, identified the substance as heroin. But when investigators went back to talk to [Officer Steven] Bryant, he admitted that he'd actually just retrieved two bags of heroin from the center console of Goines' car, at the instruction of another officer.

Though he then took the two bags of drugs for testing to determine that they were heroin, he eventually admitted that he had never seen narcotics in question before retrieving them from the car. That, the investigator noted, contradicts the search warrant affidavit filed before the raid, which indicates that Bryant "recognized the substance purchased by the CI as heroin."

This is absolutely terrifying. Investigators can't seem to locate the informant both officers claimed was a reliable source of intel, which suggests this person -- relied on in other Houston PD investigations -- doesn't even exist. None of the CIs interviewed by Houston investigators said they'd made the purchase detailed in the warrant affidavit.

How do citizens protect themselves against police officers willing to fabricate every aspect of an investigation in order to perform armed raids of their houses? Legally owning weapons means nothing when cops (and many courts) consider homeowners defending themselves from armed intruders a crime in and of itself. Two people are dead and no amount of late-arriving indictments is going to change that. Officers took a concerned mother's call about her daughter's drug use and turned it into a criminal conspiracy involving heroin and dangerous drug pushers armed to the teeth.

We have to grant law enforcement a massive amount of power in order for them to do their job. Time after time, they abuse the powers we've given them, wielding them like weapons against the same citizens they're supposed to answer to. Vast power has been paired with nearly nonexistent accountability to create an atmosphere where officers feel comfortable manufacturing evidence to support their adrenaline habits. This should be nightmare fuel for all Americans. Unfortunately, outside of those already attuned to the miserable state of American policing, this will appear to be nothing more than a couple of bad apples they can safely ignore.

Filed Under: dennis tuttle, gerald goines, heroin, houston, houston pd, no knock warrant, police, rhogena nicholas, steven bryant, swat team

After No-Knock Raid Goes Horribly Wrong, Police Union Boss Steps Up To Threaten PD's Critics

from the garbage-in,-garbage-out-apparently dept

Four Houston police officers were shot -- allegedly by now-dead suspects -- while serving a no-knock warrant on a Houston residence. The no-knock warrant was supposed to make everything safer for the officers, giving them a chance to get a jump on the suspects and prevent the destruction of evidence/officers. But as anyone other than cops seems to comprehend, startling people in their own homes with explosives and kicked-in doors tends to make everything more dangerous for everyone.

Operating on a tip that from someone claiming to have purchased heroin from the home of Dennis Tuttle and Rhogena Nicholas, the Houston PD SWAT team secured a no-knock warrant and kicked in the door roughly five hours later. No heroin was found. Some guns and an apparently small amount of cocaine and marijuana were recovered. According to cops, the 59-year-old Tuttle opened fire on officers and his wife tried to take a shotgun from a downed officer, resulting in her being killed as well. The married couple are now dead, having amassed a combined 21 years of marriage and a single criminal charge -- a misdemeanor bad check charge -- between them before this raid ended their lives.

The cops have vouched for the reliability of their confidential informant despite there being a huge discrepancy between what the CI told them and what was actually found in the house.

According to the affidavit, the informant said he bought the powder from the middle-aged man, who called it “boy,” a street name for heroin. The informant also said that the man carried a gun, and that there was more of the brown powder at the house, “packaged in a large quantity of plastic baggies.” The author of the affidavit wrote that the informant had “proven to be credible and reliable on many prior occasions” and he asked a municipal court judge “to enter the suspected place and premises without first knocking and announcing the presence and purpose of the officers executing the warrant.”

The dead couple cannot provide a narrative, so the one we're stuck with comes from the Houston PD.

“Once the officers breached the door and the gunfire began from the suspects, one of the suspects actually retreated momentarily to the back of the room and then that suspect came back and again engaged the officers in gunfire,” Acevedo said at a Monday evening news conference.

Maybe some footage survived the shootout...

[Chief Acevedo] said none of the officers was wearing a body camera.

It's not that the Houston PD doesn't have cameras. It's just that officers wear them when they want to and activate them only when they want to. It appears no one in the department has stepped up to hold officers accountable for failing to follow policy. So, only one story survives this shooting: the PD's account.

There might have been a second version covering some of the raid, but the PD took care of that as well.

[K]HOU, the CBS affiliate in Houston, reports that the house had no security cameras, although "a house next door to the Tuttles' home does have surveillance video," and "police took that footage for evidence."

As is to be expected, this deadly raid has led to criticism of the police department and its tactics. It started with a CI tip about an illegal substance that wasn't found during the search and ended with four cops wounded and two people with no criminal history shot dead in the home they had lived in for twenty years.

The criticism is well-earned. But the head of the city's police union believes the police have done no wrong -- not in this case and possibly not ever.

Houston Police Department Union president Joe Gamaldi went a step further, calling out people who criticize the police. “We are sick and tired of having targets on our back,” Gamaldi said at a press conference on Monday night outside of the hospital where the injured officers were being treated. (All four survived their injuries.) “We are sick and tired of having dirtbags trying to take our lives when all we’re trying to do is protect this community and protect our families. Enough is enough. If you’re the ones out there spreading the rhetoric that police officers are the enemy, well just know we’ve all got your number now. We’re going to be keeping track on all of y’all, and we’re going to make sure to hold you accountable every time you stir the pot on our police officers.”

This statement says a lot about the mindset of law enforcement. Officers appear to believe that because they do a job few people want to, they shouldn't be criticized for how they do it.

But the statement says something much more worrying about how police officers and their representation respond to criticism. Gamaldi's statement suggests the Houston PD will be keeping tabs on its critics. He's basically saying the government agency employing the people he represents is willing to retaliate against protected speech. That's not something the Houston PD can do (at least not legally) and it's something it shouldn't do, even if some officers feel they might be able to get away with it. If the PD is willing to violate the Constitution when it's publicly criticized, it's probably willing to do it during its more private ventures. Ultimately, this statement says more about the PD than its critics, and what it does say is pretty ugly.

Filed Under: dennis tuttle, houston, houston pd, houston police, joe gamaldi, no knock, no knock raid, police, police killings, rhogena nicholas, swat, warrants

Homicide, Sexual Assault Cases On The Line After Crime Lab Discovers Tech Using The Wrong Tools For The Job

from the more-faith-than-science-in-the-forensic-science-community dept

When life and liberty are on the line, law enforcement lab techs are there to turn hard science into a roulette wheel. Once you get past the fact that a lot of forensic investigative techniques are little more than junk science, you run directly into the failures of the humans staffing forensic/drug testing labs.

In the state of Massachusetts alone, more than 30,000 cases are in the process of being tossed due to lab tech misconduct. One lab tech faked most of her work, speeding through her workload by faking tests and test results. Another used the drug lab as her own personal drug stash, using whatever substances she wanted from incoming evidence and replacing it with filler.

Forensic science is plagued with incompetence and overconfidence, which is an incredibly bad combination when people's freedom is on the line. Only in recent years has the DOJ instructed forensic experts to stop overstating the certainty of their findings. But that hardly fixes the problem. Outside debunkings have led to zero changes in law enforcement forensic work -- a fact so disheartening a judge very publicly resigned from a committee seeking to fix these problems when it became apparent the committee wasn't actually supposed to fix anything.

Here comes more bad news on the forensic front, via criminal justice blog Grits for Breakfast.

The Houston Forensic Science Center has fired a crime scene investigator who violated policy by using unapproved equipment that resulted in false negatives for biological evidence in at least two sexual assault cases, officials said Friday.

Lab officials, who fired investigator Tammy Barette Thursday, said they may never know the full impact her actions may have had on other cases.

Well, sure, you may "never know" if you don't go looking. To be on the safe side, you could consider everything this investigator ever touched tainted. That would cover the "full impact" with some to spare. But if this is handled like any other case of lab misconduct, it will take a court to force a full accounting of the damage.

From what's been uncovered so far, it appears the lab tech used her own equipment to identify the presence of bodily fluids that contain DNA. Her personal tool didn't meet the lab's requirements, making any results of hers suspect. A lab supervisor found 19 cases in which the inadequate tool was used. Even in this limited sample, there were serious problems.

Out of 19 cases where Barette used the improper light source, including the case that sparked the investigation, only four had evidence available to retest, agency spokeswoman Ramit Plushnick-Masti said. Two of those were wrongfully marked as negative for the presence of biological fluids, when they should have yielded positives.

15 more cases "might have had a different outcome." That's not very comforting, considering this lab usually handles violent crimes like homicide and sexual assault.

The lab has responded in the most government of ways: by rewriting a policy that was already in place forbidding the use of personal equipment. The language has been toughened up to make it clear the violation that was always a violation is a policy violation. The single addition is the requirement for investigators to write down the model number of the equipment they use to perform tests. That should certainly prevent any future misconduct. [Gathers rolling eyes from under desk.]

The good news is the lab immediately fired the investigator. The bad news is the problem went undiscovered long enough to do some serious damage. Most of the damage is reputational, providing criminal suspects with ammo to challenge lab findings. If one tech can perform unauthorized tests, surely other accidents and misdeeds have been overlooked. When the lab itself can't say how many cases were affected -- or even how many tests might have been handled with inadequate equipment -- the potential fallout could couple the jailing of innocent people with the release of actually guilty prisoners.

Filed Under: evidence, houston, houston forensic science center, investigations, lab tech, massachusetts, tammy barette, texas

Houston Convention Bureau Claims Trademark Infringement After Buying Into The Comic-Con Industry

from the how-heroic dept

When I wrote about the monumentally silly trademark dispute between the San Diego Comic-Con and the Salt Lake City Comic Con, I didn't appreciate the simple nature of that trademark dispute. Sure, the idea that the phrase comic-con, or comic con, could be trademarked seemed wrong. The phrase is arguably both generic and descriptive, after all. But at least the dispute was simple.

A trademark battle currently underway in Texas is less so, unfortunately. This dispute involves two relatively new comic conventions, Houston's nickname of "Space City", and the city's convention bureau buying into the convention industry itself.

Houston's convention bureau is suing the operators of a popular local convention over the use of "Space City" in its name, claiming it infringes on a 12-year-old trademark. The convention in question, Space City Comic Con, also happens to compete with a similar event that is half-owned by the Greater Houston Convention and Visitors Bureau itself. The bureau acquired a 50 percent stake in the more established Comicpalooza last September, spokesman A.J. Mistretta said.

Both events bring in television and film stars for appearances that attract thousands of autograph buyers. Fans come dressed as their favorite characters from science fiction, anime and super-hero fantasies to browse exhibits, purchase items from vendors and play video and table-top games. The fests charge comparable admission fees.

Now, there's several things we can dig into here, but let's focus instead on the timeline of events to get a good understanding of why this dispute is dumb and contrary to the purpose of trademark law. This isn't laid out well in the link for some reason, but I'll make it easy for you.

• 2004: the Greater Houston Convention and Visitors Bureau is granted a trademark for "Space City" for use in promoting tourism, business and conventions in the Houston area.
• 2008: Comicpalooza began as a small comics convention in Houston and has grown larger since.
• 2012: Space City Comic Con began as a small comics convention in Houston and has grown larger since.
• 2015: the Greater Houston Convention and Visitors Bureau acquires a 50% stake in Comicpalooza.
• 2016: the Convention and Visitors Bureau sues Space City Comic Con for using "space city" for which it has the 12 year old trademark.

Any reading of that timeline leads to the obvious conclusion: the Bureau didn't give a damn about a comic convention's use of "space city" until it was heavily invested in a competing convention. That the name went unchallenged for several years is a wonderful indication that, assuming the Bureau wants to claim infringement, it wasn't bothering to police its trademarks properly. The article quotes a rep for the Bureau claiming it was unaware of the comics convention, which seems strange since knowing and promoting such conventions is the entire point of the Bureau to begin with.

And even setting aside the problematic timeline and all of its implied opportunism, Space City Comic Con can further defend itself by pointing out that the term "space city" at this point has become a generic nickname for Houston, harkening back to the glory days of America's space program.

One possible line of defense for Space City Comic Con is to prove that "Space City" is a generic term that has become synonymous with Houston, said Bruce Patterson, intellectual property lawyer with Patterson and Sheridan in Houston. The bureau also has to prove "Space City" is famous, said Amanda Greenspon, trademark lawyer with Munck Wilson Mandala in Dallas.

"It's not just enough to be famous in Texas. You have to be famous around the country, she said. "I don't know if 'Space City' is famous in Arkansas, North Dakota or New York."

All around, it's just a slimy look for Houston's Convention and Visitors Bureau.

Filed Under: comic-con, comicon, comicpalooza, houston, space city, trademark
Companies: houston convention and visitors bureau, space city comic con

TSA Decides Sorority Souvenir Book Carried By Dozens Of Travelers Probably A Bomb

from the some-sort-of-terrorist-convention...-even-the-letters-aren't-English dept

Hundreds of travelers attempting to fly out of Houston's Hobby Airport were delayed for hours as TSA agents confronted the massive security threat posed by a book. Actually, several books. Several identical books. Carried by several fliers leaving the same event. (via Lowering the Bar)

"We had a large group with a large number of bags to be checked and because of a certain item in those bags there was additional screening necessary," said Bill Begley with Hobby Airport.

A spokesman for the airport says the sorority members were apparently given thick booklets at the convention that could be mistaken for explosives when packed into checked bags. The booklets forced TSA officials to hand check most of the luggage.

Nice use of the word "forced." Even if the book appeared suspicious at first, perhaps the inference could have been drawn that other passengers wearing the sorority insignia on their almost-universally red clothing were carrying the same non-threatening book. Or does "Behavioral Detection" -- the TSA's mind-reading initiative that watches for suspicious patterns -- only detect suspicion, not the lack thereof?

Here's the "bomb," as displayed by one passenger during KHOU's televised report:






Better safe than sorry -- the TSA's strangulated way of thinking -- kept this from being pursued logically, as Kevin Underhill points out.

Of course, I suppose it's not impossible that ISIS coordinated an attack plan with the annual Delta Sigma Theta convention. But the chances of that are sufficiently close to zero that I'd feel safe waving these ladies through.

Maybe it wasn't ISIS. Maybe it was hundreds of "lone wolves," all wearing red and white clothing and all carrying the same bomb/book!

Instead of seeing this common element as something non-suspicious after the first thorough search, the TSA apparently treated every repeat "incident" as its own particularized threat. Flights were delayed, but not a single one was made any safer by these extra inspection efforts.

So far, the TSA has yet to comment on its actions, leaving that unenviable task to airport officials. Meanwhile, travelers continue to give the TSA more credit than it deserves.

"I'm sure they were doing their best that they could, but it just wasn't enough it wasn't enough," [sorority alumus Cassandra] Tomes said.

Their "best" is routinely terrible. And for all the talk about becoming a smarter, more responsive security agency, the TSA continues to brute force its way through the day-to-day business of keeping up appearances.

Filed Under: book, delta sigma theta, hobby airport, houston, security, security theater, sorority, tsa

Houston Issues 'Cease-And-Desist' To Uber To Stop Houston Residents From Communicating With Their Government

from the your-government-at-work dept

We've covered for a while now how Uber -- the mobile phone-enabled car/taxi ordering service -- has run up against a bunch of obsolete laws in various cities, often leading to bizarre rebuttals from municipal officials. Uber quickly realized that each ridiculous response from a city government was something of a marketing opportunity to introduce itself to new cities. You would think, by now, city officials would learn that the proper thing to do is figure out how to work with Uber to provide better transportation for their citizenry, rather than immediately bowing to demands from taxi/limo companies who fear potential competition.

However, the response from Houston may be the most bizarre of all. Uber had set up a petition for Houston residents, emailing city officials of their support for allowing Uber in that city. In response to this, the city of Houston issued a cease-and-desist, effectively telling Uber to stop asking Houston residents to contact their own elected government about this issues any more.

From: Feldman, David M. – LGL Sent: Wednesday, February 26, 2014 8:46 AM
To: Miller, Robert
Subject: Uber Cease and Desist

Robert – Please consider this as a formal demand that your client, Uber, cease and desist from transmitting or aiding in the transmission of form e-mails to City officials regarding the adoption of an ordinance to accommodate their enterprise. Despite my informal request to you by telephone on Monday, the excessive number of e-mails has gone unabated, to the point that it has become harassing in nature and arguably unlawful. Failure to cease and desist will be met with appropriate action by the City.

David M. Feldman
City Attorney
City of Houston

It's ridiculous for Feldman to argue that citizens contacting their own elected officials is a form of harassment and somehow illegal. And, of course, the end result of this is that it just drives that much more attention to the issue (and probably even more emails).

Filed Under: houston, petition, taxi
Companies: uber

The Red Light Camera Saga In Houston Continues: Court Lets New Parties Enter The Case

from the convoluted... dept

We've been following the somewhat bizarre legal situation in Houston, involving a legal fight over the red light cameras in that city. The details have been somewhat confusing, but the short summary is that there was a public referendum that voted against the red light cameras, which created a legal mess. That's because when the cameras had been installed, the city signed a long-term contract with the company supplying them, ATS. ATS then sued the city, and confusion ensued. Some of the details were a bit hazy, but a new ruling lays it out pretty clearly.

Basically, the city (which profits handsomely off of red light cameras) wanted to keep the cameras, and thus was upset about the referendum. So when ATS sued the city over its attempt to follow the referendum and cancel the contract, the city had every incentive to basically throw the case and let ATS "win," since that meant the city itself would win in terms of revenue. That's why the citizens who had put the referendum to ban red light cameras on the ballot decided to try to get listed as parties to the lawsuit as well -- to make sure that the public's rights were defended. The lower court refused to let them get involved, but the 5th Circuit appeals court disagreed -- noting that it's in the public's interest that these people are allowed to take part in the case.

What's interesting is how the court justifies allowing these people to enter the case, noting that they spent considerable money on the campaign to get the referendum in the first place:

These intervenors are unique because they engineered the drive that led to a city charter amendment over the nearly unanimous, well funded, and longstanding opposition of the Mayor and City Council. They have demonstrated a particular interest in cementing their electoral victory and defending the charter amendment itself. If the amendment is overturned, their money and time will have been spent in vain. Finally, they have raised substantial doubts about the City's motives and conduct in its defense of the litigation with ATS. Without these intervenors' participation, the City might well be inclined to settle the litigation on terms that preserve the adverse ruling on the charter amendment and thus preserve its flexibility to reinstate red light cameras in the future. This is no matter of simply defending City policy of one sort or another: it involves millions of dollars of revenue to City coffers during a period of considerable economic uncertainty.

Filed Under: houston, redlight cameras

Legal Technicality Forces Houston To Turn Its Redlight Cameras Back On, Even Though It Wants Them Off

from the locked-in dept

Back in November, we noted that residents of Houston, Texas has voted to kill the city's redlight camera program. At the time we pointed out one tiny complication: the city had a contract with the vendor that didn't run out for another four years. However, it looks like the city just decided to listen to the will of the people (contracts be damned) and turned off the cameras. The vendor, ATS, sued. Now, samkash alerts us to the news that the city has lost a court ruling and is rushing to turn the cameras back on. The whole thing sounds like a bit of a technicality, though. As far as I can tell, the judge had originally rejected the plan to turn off the cameras, saying that the referendum itself, to repeal the law authorizing the cameras, had to happen within 30 days of it being passed. It did not. Thus, the judge found the referendum invalid. That actually happened back in June. The latest is that the city asked the judge if it could appeal his ruling, and the judge said no. I don't fully understand all the details here, but the city seems to be claiming that the rejection is actually helpful to them, in that it gets them to a final decision sooner, which they can appeal. Either way, the city says that it's turning the cameras back on, not because it wants to (though, they do appear to be making money), but because it wants to minimize the liability if it's found that they have to keep the contract.

Filed Under: houston, redlight cameras

Houston Votes To Turn Off Red Light Cameras; City Officials Trying To Figure Out How To Cancel Contract

from the redlight-cameras-get-the-red-light dept

btr1701 alerts us to the news that Houston residents have voted to get rid of red light cameras around Houston. The vote was actually pretty close, with 52.82% wanting to ditch the cameras, and 47.18% wanting to keep them. Of course, the cameras might not disappear all that quickly. It turns out that the city -- which has made $44 million from the cameras -- has a contract with the camera provider that runs for another four years. There is a 120-day cancellation policy, so the absolute soonest that the cameras might turn off is four months or so in the future. However, the city is currently reviewing its "options." And, of course, any citation sent out while this is going on is still a valid citation, so Houston drivers shouldn't run around thinking that the cameras are already off.

Filed Under: contracts, houston, red light cameras, speed cameras

Unpatched, Virus-Infected Windows To Blame For Grounded French Fighter Pilots And Halt To Traffic Arrests In Houston

from the gov't-security dept

Reader Calvin sends in two separate stories of government institutions who apparently failed to patch their Windows machines to protect against the Conficker virus -- despite the patch being available for many months. First, Houston police have stopped arresting people with outstanding traffic warrants and shut down the municipal court system for a few days to try to deal with their computer systems being overrun by the virus. Then, across the Atlantic, the French Navy is dealing with a similar problem, forcing them to ground many of their fighter planes. Some naval staff were told not to turn on their computers at all, as apparently the Navy's internal computer network has been hit by the virus as well. Apparently, now might be a good time to run some traffic lights in Houston or invade France (kidding, kidding...).

Filed Under: cornficker, france, houston, security, viruses
Companies: microsoft