Mark Herman is a Republican, and while I have no idea what Herman is like, Republicans have a reputation for creating “alternative facts.” Or maybe Herman is getting ready for the next election and needs free publicity.
Harris County Precinct 4 Constable Mark Herman made an explosive announcement on Wednesday about his efforts to crack down on crime.
Herman said his agency launched a new initiative to refile criminal cases thrown out by Harris County criminal court judges. Herman said judges slated hundreds of cases for dismissal, citing lack of probable cause. Source
Steve Shellist, a defense attorney in Greater Houston, called Herman’s actions unusual, saying they could further clog an already clogged criminal justice system. He said police officers should stick to the facts and not try to re-introduce troublesome cases.
“I’m not just talking about defendants. I’m talking about victims. If the constable thinks he is going to go out and be ‘buddy buddy’ with the district attorney and try to shove a bunch more cases into the system, many of which are probably misdemeanor cases, to further clog up the system. It will only be hurting other victims and other defendants who’ve been waiting a long time to get justice.”
Herman said his mission is to hold elected judges accountable for their decisions.
From the Houston Chronicle:
n a statement on behalf of Toria Finch, presiding judge of the Harris County Criminal Court at Law No. 9, sent by a communications official, the judge clarified that the law requires that defendants are discharged when the probable cause threshold isn’t met “but the case is not dismissed by the Court.”
“The District Attorney’s Office has the discretion to either dismiss the case and refile with sufficient probable cause that meets the legal threshold, submit the case to a grand jury, or dismiss the case without refiling,” Finch’s statement read.
“We agree that community safety is important. We live in this community. We are your neighbors, and like you, we want our families to be safe,” Finch’s statement continued. “As judges, we must balance that with individual liberty and constitutional rights. We remain committed to our mission to treat all people fairly under the law and to help ensure our community is safe throughout the process.” Source
Mark Herman
