Showing posts with label Steve Long's Posts. Show all posts
Showing posts with label Steve Long's Posts. Show all posts

By Steven Long

I sat at the horseshoe shaped bar of Galveston’s late lamented Café Torrefie, a hotbed of what passed for the island’s hot spot for literati from the late ‘70s until the early ‘90s. It wasn’t exactly on the level with Paris’ Left Bank in the 1920s, but it passed for it if the Bud was cold enough and you drank enough of it.

I had more than enough of it night after night playing basketball with bar napkins and swilling beer as I lamented another failed marriage. Thankfully an indulgent bartender put up with me for meager tips at the end of an evening. Surely a Sinatra saloon song echoed through is brain as he watched me toss paper aimlessly.

The Café sat on Galveston’s most fashionable five block stretch. The Strand is a nineteenth century historical district of national significance. Nineteen blocks away sat one of the busiest operating rooms in the nation serving the University of Texas Medical Branch’s John Sealy Hospital. Attached to the hospital the Lone Star State cared for prisoners in a huge new hospital giving them the very best a teaching hospital could offer, including the free service of young doctors eager to tote hours as they went through a grueling residency.

Sometimes that best of everything approach was too much for Texas taxpayers. Such was the case when an operating room nurse walked into the Café, sat down next to me, and began to pour out complaints, one of which was that she didn’t believe taxpayers should be paying for felon’s facelifts.

I put down my beer in disbelief.

As she continued I learned of the extent Texas medical residents were being used by the oldest medical school west of the Mississippi to practice on pimps, burglars, drug kingpins, rapists and murderers.

The Johns Sealy O.R. operated then on a 24/7 basis. One moment the most pius Baptist church lady would lay on an operating table, and the minute her surgery was completed, the room would be prepped and the next patient moved in as a tattooed criminal took the place of honor as surgeons scrubbed up.

My journalistic instincts are hard wired for a story and always turned on. I knew instantly this was a big one if I could just pierce the circle the wagons secrecy of the university that had thwarted so many great stories before. Nowhere in the almost 40 years I have done journalism was there a more impenetrable bureaucracy than UTMB.

“Does the operating room keep logs?” I asked the nurse.
“Yes,” she said.
“Are they filed away there or are the thrown away at the end of the day?” I pressed.
“How would I know? I’m a nurse,” she said as I sat on the barstool frustrated, yet exhilarated.

At the time I was making the 50 mile commute each way from Galveston to the Houston Chronicle downtown in the Bayou City. I had plenty of time to think about the story and I knew that if I could get my hands on those logs the lid would be blown off a major scandal with statwide implications. A week went by, then another. Each night, I returned to the Café Torrefie and waited, vainly hoping the nurse would return, logs in hand. Finally it happened.

A few nights later, I sat on a bar stool next to a pioneering heart surgeon who was a regular and on faculty at the medical school. I pulled the logs out of my brief case and put them in front of him. He almost dropped his Cutty.

“That’s our O.R. log,” he exclaimed. “How did you get that?”

That was enough confirmation for me, I knew I had the real thing and for the next two hours we went over the logs and marked every inmate who had surgery that day. As I recall, four of them were on the table for plastic surgary. One, a female inmate had a breast reduction. Another, a tummy tuck. Yet another, a 55-year-old Dallas pimp doing 35 years was under the knife at taxpayer expense for a brow lift to remove the menace of his hooded criminal eyes.

I quickly requested a prison interview with the man and assigned a photographer to accompany me for a photo to record the skill of his medical resident surgeon. The two of us traveled to the prison in Huntsville, Texas to see firsthand what my tax money had paid for.

Two days later, we were escorted through the gates of the state’s Wynn Unit to see an astonished pimp who was curious why a reporter from the state’s largest newspaper wanted to see him.

“You must be one sorry pimp,” I said as he came into the interview cell. “You must have really pissed somebody off to get 35 years for running whores,” I said.

We hit it off instantly.

I looked at the man. I had seen the scowling prison photo of his “old” face. Before me was a handsome man in his mid-50s.

A week later, another handsome man stood before me, curious why I had asked to see him. The head doc of UTMB’s otolaryngology service wondered why a reporter requested an interview with him. He was surely expecting a puff piece on his beautiful work in plastic surgery.

“Why is the state doing cosmetic surgery on prison inmates,” I asked, getting straight to the point.

“We aren’t,” he answered incredulously, angrily.

I opened my briefcase and pulled out the now well thumbed logs of the John Sealy Hospital operating suite as his face went ashen.

The doctor recovered sufficiently to stammer that his residents were performing a public service by giving the felons they operated on renewed self esteem. I replied that they were giving them face lifts, tummy tucks, breast reductions and brow lifts. The interview was brief.

I then called the chairman of the board of Texas Department of Corrections with the same question. He also denied the state was doing cosmetic surgery until I said I had the logs.

And I could almost smell the pile as he dropped a load when I reminded him that the state legislature had prohibited the practice of cosmetic surgery on prison inmates in state teaching hospitals two years before

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By Steven Long

HOUSTON - In many ways, the Acres Homes district of Houston is quite beautiful. Like much of this sprawling East Texas town of about 4 million, it is built is a forest of lush oak, dogwood, pine, and magnolia. And at just the right time in the spring a person with a keen snoot might close their eyes and imagine they are inside a flower shop it can be so fragrant. Houston’s just that way, a southern town really, despite its pretenses.

But closed eyes aren’t what Acres Homes is about. In fact, it’s a life skill worth knowing to spend all of every day there with eyes wide open. This giant black neighborhood constructed by builders erecting houses and businesses willy nilly without the benefit of city zoning, using whatever materials were either free or next to free, was briefly home to Dr. Conrad Murray, a guy with problems of his own who escaped to Vegas as soon as he could.

If Acres Homes were on a canvass, the painting would be one of grinding poverty best blurred by an Impressionist’s brush. It was in this beautiful yet sad district of the city that Conrad Burns practiced his calling. He was a physician on West Montgomery at the Armstrong Clinic. It’s a street on the northern edge of a district where black cowboy wannabes still keep horses in makeshift pens in their yards. Like I said, there is no zoning in the Bayou City.

Michael Jackson’s physician was the last person to lay hands on that strange, and delicate, yet immensely talented body. From the standpoint of the residents of Acres Homes, Dr. Conrad had come a long, long, way from the mean streets of an inner city neighborhood to the gated mansion in Los Angeles that housed the “king’s” death room. To this day, they are proud that one of their own escaped to Hollywood.

Murray practiced as a cardiologist without board certification at the Armstrong Medical Clinic on West Montgomery in the Bayou City. The place is very near an intersection with North Shepherd, a very long street that cuts much of Houston right in half. The area is populated with whores, soul food joints, low rent furniture stores, junk yards, and the kind of urban blight unworthy of a town with a glass and chrome skyline to rival Oz.

Yet friends in Acres homes tell me Murray served his community well in his practice there, but it wasn’t enough. There is little wonder that he wanted to escape Acres Homes for the lights of Las Vegas. When he left Houston for Glitter Gulch he found himself in the right place at the right time.

In an instant, the doctor who had treated the poor was now serving an immensely wealthy, yet achingly troubled man. Murray put behind the rat infested neighborhood of his former medical clinic for the glamour, glitz, and craziness of his new client’s surreal world. The bottom line – the Houston doc desperately needed money and likely was prepared to serve his new benefactor the best way he knew how. Court records indicate Conrad Murray was hounded by creditors up to the point of joining Jackson’s entourage of hangers on and servants. That changed with a handsome retainer Jackson’s promoters paid him to serve their eccentric superstar.

Since Jackson’s death, the life of Conrad Murray has been turned upside down and inside out. Whole investigative budgets have been spent by news organizations across America to up-end what was anything but a prosaic life. Stories have abounded about four wives, and five kids, all from different marriages. Or is it five wives and six kids. The news has been literally all over the place when it comes to the coverage of the physician

Murray’s tracks cover a bunch of states. What we know for sure is that the good doctor did anything but moonwalk through life.

His court records are littered with efforts to collect money, no doubt a footnote to marriages gone bad and the high rolling lifestyle of a doctor

In writing my first book, the award winning non-fiction medical drama, Death Without Dignity, I learned firsthand that it’s absolutely insane to just trust anybody who wears a white coat just because they have a couple of initials behind their name. Yet a check of websites that splash the records of and abilities of doctors across the Internet indicate Murray was a good physician – at least a malpractice claim wasn’t a part of his extensive court records. His license to practice medicine in Texas, Nevada, and California, is without a blemish.

We’ve seen Conrad Murray’s name splashed across the tabloids as being the prime suspect in Michael Jackson’s death. His lawyers, through their newly hired flack vigorously deny the allegations. It doesn’t take a cop with the ability to figure out a Rubik’s cube to bring the Houston doc to the top a suspect list for criminal prosecution.

Murray allegedly “found” the star in his room unconscious. You can bet investigators no doubt connected the presence of a doctor in the death room and a patient who we learn was allegedly highly dependent on drugs to the point of begging a nurse practitioner to get somebody to give him Propofol, an operating room anesthetic to help him sleep. LA cops are a lot of things, but they sure aren’t naïve when it comes to the use of narcotics in the high stakes world of rock and roll. The king of pop, with his erratic behavior, was almost certainly near the top of the cop’s conjecture list as a drug user long before his death.

I believe that when Jackson’s autopsy results are released, California prosecutors will pounce on the Acres Homes doctor with a vengeance and charge Murray at best with negligent homicide. They’ve had plenty of time and resources to build a case. Almost certainly, the LA cops learned from another celebrity killing, the O.J. Simpson case, that it pays to put the very best you have on the ground at the crime scene and in the laboratory. I have absolutely no doubt this was done in the Jackson investigation.

In a chat with Houston’s legendary criminal defense lawyer Dick DeGuerin, I asked where he thought the case would go. He instantly answered that it would likely go to other doctors in Jackson's circle beyond Murray.

Yet although Murray may face big legal problems in the very near future, I’m also reminded of another July investigation, the Centennial Olympic Park Bombing. In this case the media was led to target an unattractive cop wannabe, Richard Jewell, a security guard who led police to a bomb which ultimately went off. The guy was innocent, yet his name was dragged through a cesspool of condemnation in a case that ultimately led to Eric Rudolph as the perp. Could the media be pouncing on another Richard Jewell in their focus on Dr. Murray? I doubt it, but long experience tells us the possibility at least exists.

However, if the investigation zeroes in on the Houston doctor with the hard scrabble street level practice in Acres Homes, and he is charged, there is a very strong likelihood Dr. Conrad Murray will be, for a time, the most reviled man in America.

And Michael Jackson probably never even heard of Acres Homes. He just trusted, and likely used, a man in a white coat.

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By Steven Long

A murder suspect tucked away in a Midwestern jail cell has said there will be more of the same, after allegedly killing prominent abortion doctor George Tiller as the controversial physician ushered at his local church on a quiet Sunday morning.

"I know there are many other similar events planned around the country as long as abortion remains legal," Scott Roeder told the Associated Press.

Members of the militant anti-abortion movement who have left it affirm that the longtime radical activist is in all likelihood telling the truth.

Even though his organization rapidly denounced Roeder’s act, Operation Rescue founder Randall Terry said the physician whom his group had long tormented “reaped what he sowed.” Published reports stated that others in the organization cheered at Tiller’s death.

The act in a Wichita house of worship is more than simple murder - the kind of cut, gut, and shoot, killings we usually write about here at "In Cold Blog." It is an act of domestic terrorism.

And such acts are becoming all too frequent.

When octogenarian John von Brunn went on a one man war against Jews with an assault on the Washington D.C. Holocaust Museum he was acting on the neo Nazi beliefs of a lifetime. The shooter left a note saying "You want my weapons - this is how you'll get them. The Holocaust is a lie. Obama was created by Jews. Obama does what his Jew owners tell him to do. Jews captured America's money. Jews control the mass media.”

It is an enormous consequence when speech incites murder. Since the election of Barack Obama such speech has accelerated. And way too important to ignore - sales of firearms have soared since November. Use of red hot words such as “socialist” and “communist” to describe the president are commonplace on our airwaves. Former Florida GOP Congressman and MSNBC host Joe Scarborough has strongly advised that the rhetoric of his colleagues in right wing broadcasting be toned down. Things are getting dangerous and some individuals easily influenced by hate speech appear to have been pushed over the edge to acts of violence.

New York Times columnist and Nobel Laureate Paul Krugman echoes my sentiment that irresponsible broadcasters are on the brink of destroying the First Amendment freedoms which enable them to provide a continuous rant of anger and falsehoods.

The former vice president of a major religious denomination, Rev. Wiley Drake, called Dr. Tiller’s passing “the answer to a prayer, then told Fox radio’s token liberal Alen Colmes during an interview that he prays for the death of President Barack Obama.

The shameful and outrageous statement was largely ignored by the mainstream press. It should have been considered a threat to the president’s life.

Terrorism done to achieve political ends is commonplace in other parts of the world. Yet in another hemisphere, sanity has sometimes prevailed. The Protestants and Catholics of Northern Ireland have stopped killing each other after coming to the conclusion that civil speech is a far better way to work out differences than bombs and guns.

Again and again we see people who would upend our way of life through violence. People such as Scott Roeder, John von Brunn – and yep, lest we forget the late Tim McVey. All had links to paramilitary units armed to fight the gremlins of a left that exists largely in their fertile and fetid imaginations..

In April the Department of Homeland Security released then pulled back a report titled “Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence of Radicalization and Recruitment.” After a howl of protest from the right the agency pulled the report caving in to pressure.

Major Religious Right groups responded to the report by forming yet another of their scores of front organizations which raise millions to combat their Godless enemies and named it No Political Profiling. They whined that the government was profiling law abiding citizens expressing their views as “the most dangerous domestic terrorism threat in the United States.”

Hogwash. The government was doing nothing of the sort.

According to the respected People for the American Way, the report spoke of lone wolves and small terrorist cells that embrace a violent philosophy, not your local neighborhood right winger.

Mainstream conservatives should have nothing to fear from a report that profiles individuals and ideologies that should be repugnant to them as Americans. They should join in a cry of protest that the report has not been released - and demand the sun shine on individuals and groups who would rather kill than talk.

For decades the right has branded those who disagree with them as "Un American." Yet by an act of silence it is they who flirt with treason when they quietly condone political discourse at the point of a gun.

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read more “George Tiller Didn't Reap What He Sowed, He Died”

By Steven Long

Last week Richard Poplawski killed three cops in a brutal murder in Pittsburgh. He had in mind killing nine of their brethren but was taken out before he had the opportunity to do so. What went through his mind to bring him to this point can only be surmised from stories told by friends who say he had the notion that there was a vast left wing conspiracy to establish Barack Obama in a dictatorship that would destroy his and other American’s freedoms.

These same friends say Poplawski was an avid radio listener.

Then there’s Jim Adkisson. He shattered the peace of Knoxville when he walked through the door of a Universalist church and spewed the life blood of two people with a 12 gage shotgun, and wounded a passel of other parishioners. Adkisson was prepared for war. He carried 70 shells on him found by the cops after members of the church tackled and disarmed the madman.

Adkisson had left a literary effort behind when police searched his home. In his own hand he wrote a four page screed saying in part, “the only way we can rid ourselves of this evil is to kill them in the streets. Kill them where they gather. I’d like to encourage other like minded people to do what I’ve done. If life ain’t worth living anymore don’t just kill yourself. Do something for your country before you go. Go Kill Liberals.”

The Adkisson and Poplawski murders were products of hate speech. They were both devotees of the extremist rhetoric which has become the 24/7 standard of a symphony of acidic talk on AM radio and on television. One host, San Francisco’s Michael Savage, frequently rants loundly that people such as me should be institutionalized in concentration camps – and worse. These verbal bullies and blowhards incite a dangerous element in our society who will listen to speech and turn it into action in the name of patriotism. Am I the next one to bleed because of irresponsible programming? Is my wife, my sister, my daughter, my friend?

People have died, the result I believe, from this incessant assault on our First Amendment rights by networks and stations more centered on profits and ratings than on public service and responsible broadcasting. Both Adkisson and Poplawski clearly belonged under a physician’s care or in jail, however, they were spurred to go well beyond the bounds of parlor chatter and take action to kill their fellow Americans after stewing on what they heard on our airwaves.

There is no evidence that I’ve seen that the cops in Pittsburgh, or the church folks in Knoxville, were liberals. They were simply murder victims. Yet they ended up in the line of fire as psychopaths such as Adkisson and Poplawski in their haste to kill forgot politics and went after the nearest target (although it is arguable that the Universalist creed could be called liberal).

Let’s take a look at Jim Adkisson’s library. Police found copies of Michael Savage’s “Liberalism Is a Mental Disorder.” As they were gathering evidence they encountered “Let Freedom Ring” by Sean Hannity. And then, of course, there was the inevitable presence of Fox’ Bill O’Reilly and his “The O’Reilly Factor.” All of these books were found in his home according to news reports from the responsible mainstream press.

How about Poplawski’s alleged posting of a You Tube clip at the neo-NAZI Stormfront website? The posting was one of a paranoid Glen Beck fantasizing about concentration camps operated by FEMA.

One thing Adkisson, Poplawski, Beck,Savage, Hannity, and Limbaugh have in common is their hatred of America’s first black president. While most of America and indeed, the world, adore Barack Obama, many would like nothing better than to see him dead, believing that he is destroying their vision of an American way of life. Here in Texas, where Limbaugh’s ratings spike the highest in the nation according to local news reports. We hear more street talk gratuitously thrown out about an end to the Obama administration by violent means. In the world of true crime, that’s called murder.

In other parts of the nation, the militia movement that spawned the Oklahoma City bombing is again growing by leaps and bounds. Almost certainly there is another Tim McVeigh out there coming to a boil as he plans a strike against forces that are in his twisted mind destroying America. His destruction would be a patriotic act in his own mind. To him, such an act would surely make him a “great American.”

The right’s assault on the president via the airwaves is ignored by much of the country’s radio listeners as they prefer to listen to pop music or watch their favorite television program.

We advocate the absolute freedom to read anything that is put in front of us. However, it is unconscionable to ignore the hate being broadcast on the publicly owned airwaves today. The FCC already severely curtails offensive sexual language and language that graphically describes functions confined behind the closed door of a bathroom or bedroom. Language that urges violence toward Americans because of their beliefs should be prohibited and the licenses of broadcasters who promote hate should be immediately canceled when there is clear evidence that people have been killed by madmen stirred to the point of violence by what they hear and see on the airwaves.

Somewhere out there right now, today, at this minute, among the millions of faceless viewers and listeners who gorge themselves on the vitriol of anger heard over the airwaves there is almost certainly a mentally unbalanced individual who will undoubtedly attempt kill again.

Can speech kill?

Just ask the three dead cops in Pittsburgh, or the churchgoers who lost their lives in Knoxville. You see, hate speech has consequences and the victims often are just everyday folks who have nothing to do with politics other than to become murder victims who were in the wrong place at the wrong time when bullets flew at them.

Many consider the speech of Limbaugh, Hannity and Savage harmless entertainment.. I don’t. Well intentioned conservatives are in denial regarding the potential, and now actual, deadly end result of extremist rhetoric.

Radio needs to clean up its act. I know a little about that media. Long before I became a journalist and author I began my career at a small 1,000 watt radio station in Galveston, Texas. I learned early on that listeners develop a personal relationship with what and who they hear. It can move individuals to do dumb things, things that under ordinary circumstances would never attempt.

Today, as radio and television stations across the nation promote “Tea Parties” to show displeasure with a president they abhor, others among them surely sit in lonely rooms, loners, who would do harm to that president and to the “liberals” who support him.

This surely this isn’t the America where I came of age as an ardent supporter of the founder of modern conservatism, Barry Goldwater, or as a devoted listener to Wolfman Jack.

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By Steven Long

HOUSTON - The fist time I ever got an inkling that there was to be the great American nightmare called the religious right was when I read a news story about a couple in East Texas named Mel and Norma Gabler. They were trying to change the copy in my state’s textbooks. The dreadful East Texas twosome charged that they had found hundreds of inaccuracies. Many Texans took them at their word.

Neither Gabler had much of an education, no college whatsoever, however they had raised enough hell to get the attention of the state’s news media and more importantly, its education agency. What’s more, their energy in that direction lasted for a couple of decades and continues to do damage to this day.

When the Texas Education Agency buys a textbook the order is so large the book gets distributed not only across the Lone Star State, but in most of the rest of the states as well. When the Gablers were successful in getting a passage in a book changed to fit their narrow interpretation of everything from history to science, their influence was disproportionate in that the damage was vast, misleading thousands of school children well beyond the Texas borders.

Mel and Norma Gabler were narrow minded bigots, unapologetic creationists who might as well have been trying to get our schools to teach that the moon is made up of green cheese as teach traditional science.

The Gablers sat in motion a trend I call the “New No Nothingism’ (not to be confused with the historic No Nothing Party of yore). The motto for this kind of “thought” may well be, “I don’t know nothin.’ I don’t want to know nothing.’ And I ain’t gonna; know nothing.’

The result of this was some really bad law.

For example, the anti-intellectualism spawned by the religious right combined with a rampant crime wave led a fearful Congress to pass zero tolerance laws and mandatory sentencing – a process that led to frustration among federal judges and the defense lawyers who practiced before them.

Fortunately, those Draconian laws and others like them are being rolled back, but not fast enough. And there is little hope for help from the Supremes to move the situation more rapidly along. The Roberts Court has thus far lived up to its promise of being the most hide bound bunch of conservatives to grace the highest bench since the dark days before the New Deal and the Roosevelt Appointments.

The Gablers, and the others who followed them, lived the “America Right or Wrong” creed that was discredited by the nation’s revulsion to the war in Vietnam. You see, America can be wrong, and no amount of flag waving, no amount of name calling, no amount of bombast by a radio host who is a bully, blowhard, and buffoon, will change that, even when he apparently leads a party in lockstep with his narrow minded and shallow pontification.

A new day has dawned. We have a law professor in the White House who understand the value of scholars, intellectuals, and yes, probably even institutions such as the National Endowment for the Arts.

The national nightmare whose advent was old Mel and Norma Gabler is over. A new day has dawned.

We may see Stevie Wonder in concert playing the East Room instead of Pablo Casals, but let there be no doubt. We are now in Camelot II.

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By Steven Long

President Barack Obama today struck a chord for freedom when he upheld America’s long and enviable tradition of due process of law for even the most despicable among us. With the stroke of a pen he closed the book on one of the most disgraceful periods in American history. He issued an order shutting down the notorious detention facility at Guantanamo Bay, Cuba.

Why were the suspected fellow travelers of Osama Bin Laden held out of sight at a remote military base? The answer is simple – and disgusting. These prisoners were held there so they would be out of the site of a curious public and a prying press. The reason is shameful. We wanted to torture our captives in private.

This blog is about true crime, and it seems appropriate to me that we talk about justice from time to time. I believe that there must be a national demand that the criminals who violated the most sacred principles of our system of jurisprudence by torturing prisoners be brought before the bar and tried before a jury of their peers. They should look everyday Americans in the eye and try to sell their skewed vision of how we treat the least among us. I’ll place my bet on my fellow citizens to do the right thing and uphold the principles of law we have held sacred for more than two centuries.

Absent actual trials and indictments, Congress must hold hearings. Those who perpetrated the outrage of spitting in the eye of justice must face, under oath, the elected officials who have a multitude of questions for them.

And the hearings need to begin soon, live on television. We are told the orders came from the very top of our government. Then those officials, including the former president himself, must justify their actions – actions which under law have no justification.

With each passing day, memories – and outrage, will fade. Congress needs to act, and act now.

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The People's Lawyer

November 28, 2008

By Steven Long

When Jim Mattox died last week Texas lost a friend and the rest of the nation lost a fearless advocate for justice.

Maddox was that special political animal who was willing to take on the powerful no matter what the odds. Often he knew he was likely to lose the fight.

Lord, it’s been an awfully long time since Jim held public office, yet a thousand people turned out to Austin’s First Baptist Church for the two hour service. And he was packed away to the State Cemetery in a horse drawn hearse to take his place among the Texas heroes he so admired. A whole passel of well wishers followed on foot to see him off to eternity.

I’ve known Jim Mattox for close to 30 years now. I first met him during the 1982 campaign that swept progressive Democrats into the highest offices in the state. I know all of them. He was a brash young Congressman who had made a mark in Washington and wanted to come home to his folks, the people of Texas. Jim was the most exciting of the lot, with the exception of Ann Richards.

On his first day at work Jim modernized the office and brought needed reform to a musty place long filled with musty people. He revamped child support collections, and every kid in Texas who has received support from a deadbeat dad owes the former attorney general a debt of thanks.

It was during his term as A.G. that capital punishment was reinstated. Mattox was so conscientious about making sure justice was carried out right to the time when the poison began to flow into an inmate’s veins that he attended virtually every execution during his watch – a none too pleasant task. I remember former Assistant Attorney General, the late Wayne Johnson III, telling me of how Mattox and he flew through a dangerous storm to get to Huntsville for an inmate’s final bow. Wayne wanted to turn back, but Mattox forced the pilot to stay on course to Huntsville.

Why? Because Mattox was determined to see justice done for the state, and for the condemned in case the Supreme Court determined he shouldn’t die.

I came to admire his quixotic advance against a Texas nursing home chain accused of murder. I wrote Death Without Dignity about the case, the longest and most expensive murder trial in Texas history. The book won great reviews including one in the New York Times, and a State Bar of Texas journalism award. Mattox knew that there was a very big chance he would lose in court, but he also knew the state’s elderly had nobody else to defend them.

Jim Mattox was swept from politics by his own ambition and a series of races against stout opponents. He could have probably held the office of attorney general as long as he wanted, but he faced the mighty Ann Richards in a bout for the governor’s mansion. He also ran for the U.S. Senate and lost. Yet while he was in office, he made a mark.

He was always there for me, just as he was always there for every Texan. You see, I wasn’t special in his eyes, I was just another fellow who the “People’s Lawyer” wanted to help.

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Put A Pencil To It

November 18, 2008

By Steven Long

I know a little bit about the actuarial tables. After all, my first book, Death Without Dignity, was an in depth study of the end of life in a Texas nursing home. Once we pass the age of 70, the odds of meeting our maker accelerate steadily with each passing month. Five members of the United States Supreme Court have passed that threshold. One, John Paul Stevens has surpassed it by almost 20 years.

Put a pencil to it. The election of Barack Obama is the GOP’s worst nightmare in terms of ending their five/four majority – and then some.

The Republicans came so close, so very close, to controlling the court for a generation. Had John McCain won the election of 2008 the dreams of almost 60 million conservatives would have been fulfilled. Roe vs.Wade would certainly have found its way into the wastebasket of history. In all likelihood, there would have been continued weakening of the landmark ruling of the Warren Court’s prohibition against prayer in public schools. The fiats of an imperial presidency would have stood intact as a legacy to George W. Bush and his mentor Dick Cheney.

In a single evening in November the tables turned. Roe will be intact for the foreseeable future, the courts disdain for prayer in schools will be strengthened in all likelihood, and W’s imperial presidency has vanished as surely as did the emperor’s new clothes. Some holding high office in his administration now faces the very real threat of indictment, trial, and conviction for high crimes and misdemeanors.

Without question, despite the Robert’s Court’s recent Second Amendment ruling, we can expect to see Congress pass a rational assault weapons ban, and we can almost certainly see a court shaped by progressives uphold it. It’s reasonable to expect the new court to take a critical look at capital punishment. Things are about to change in a big way under this new administration over the next four years, and possibly eight.

Two of the septuagenarians on the current court are conservatives, 72-year-old Antonin Scalia and Anthony Kennedy. Both are Reagan appointees. Three of the justices past 70 years of age are liberals, John Paul Stevens, at 88, was appointed by President Gerald Ford. Ruth Bader Ginsburg, 75, was appointed by Bill Clinton, as was 70-year-old Stephen Breyer.

And approaching old age are liberal Justice David Souter, appointed by George Herbert Walker Bush, and Clarence Thomas, at 69, who was also appointed by the father of the arguably most disliked president in American history.

Only newly appointed Chief Justice John G. Roberts and Samuel A. Alito are in their fifties.

The dream of Karl Rove’s “permanent Republican majority” has proven to be as transient as Cabbage Patch Kids. A large part of the Rovian dream was steeped in transforming the a court that has vexed conservatives since the appointment of California Gov. Earl Warren as Chief Justice by President Dwight Eisenhower in 1953. The Warren Court was so hated for its liberalism that bumper stickers touting “Impeach Earl Warren” were commonplace throughout his tenure.

With seven of the nine Supremes over 60, five over 70, and one almost 90, something’s got to give through retirement or the demise of one of the “Brethren,” as Bob Woodward so aptly called its members in his book by that name.

While it is far fetched to believe Barack Obama could appoint seven of the nine members of the Supreme Court, it’s possible. The average lifespan for an American male is now 73. the average for a woman is now 79. Six of the nine current members of the court will have reached or exceeded their expected years during Obama’s first term. Should he win a second four years, both Alito and Roberts will have reached their 60s.

So what does all this mean to readers of “In Cold Blog?”

President Barack Obama will have the opportunity to shape jurisprudence like virtually no modern president who has gone before him through his appointments to the court. Obama, a law professor for 12 years, the first black editor of the Harvard Law Review and a distinguished author, is almost alone in another respect among those who have held the highest office in the land. He has the intellectual firepower for appointment to the Supreme Court on his own merit. Surely the opportunity to shape law to his liking has not been lost on the president to be or his advisors.

But Obama himself may not live out his term if news reports of threats are fulfilled. Should such a tragedy occur, progressives have a deep bench, a deep one indeed. Joe Biden, a heavily credentialed liberal would assume the presidency and inherit the appointment power of the presidency. And what if the unthinkable should happen to the man from Delaware? Nancy Palosi, as Speaker of the House would take over the highest office in the land.

In short, because of the inevitability of vacancies on the court, liberals have the opportunity to shape what happens in law for a generation and beyond. The legacy of the Warren Court lasted 50 years until the appointment of John Roberts and Samuel Alito shifted the balance ever so briefly to the conservatives.

Should another Warren type court emerge during the next administration, Obama’s impact on American jurisprudence will stretch into the second half of the 21st Century.

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by Steven Long

It’s kind of strange mixing politics and a blog devoted to the true crime genre. However, I’ve spent a lifetime as a journalist covering both, and it seems to me this political season there could be a convergence of the two as the waning days of the campaign sees more and more heated exchanges, mostly from the lunatic fringe of the Republican Party.

The fact that there are shouts of “Kill Him” coming from the crowd with increasing frequency at Gov. Sarah Palin's rallies tells us the extreme right supporters of the Republican ticket have been stirred up by incendiary rhetoric from the stump and on talk radio to the point of danger to not only the candidates, but to the republic itself.

Last weekend I was in the Texas Hill Country riding my horse with a highly respected group of recreational equestrians. During the evening as we sat around the campfire talk turned to politics, and inevitably turned to the Democratic candidate. I learned from many of these otherwise level headed Texans that they believe Barack Obama is an Islamic terrorist who is about to become President of the United States. Moreover, I believe many of them would be quite happy to see him dead instead of sitting in the Oval Office.

To my astonishment, these otherwise very good people believe Sarah Palin is qualified to become president should 72-year-old John McCain not be able to finish his term if elected. Her opponent’s vast experience as a statesman highly respected by both parties didn’t matter to them at all. Joe Biden’s career in Congress might have been as undistinguished and insignificant as that of the late Sonny Bono. You see, just to be on the ticket with Obama was enough to condemn him.

Moreover, I continually heard the chilling words, “Everybody I know is packing now.”

They weren’t talking about packing a suitcase. They were talking about packing a concealed weapon, their fears so inflamed by the GOP and its toadies on talk radio that they seemingly expect Islamic militants to jump from nowhere to get them..

The right has attempted to smear the Democratic candidate as a terrorist and has opportunistically fixated on a few encounters over the years with a former leader of the 1960s radical group, The Weathermen. Bill Ayres was never tried for his alleged crimes and since his radical days has gone on to become a respected educator in Chicago. Over the years the two have had little contact.

On the other hand, one of John McCain’s closest friends and allies is a convicted felon who spent almost five years in prison for his crimes. I’m speaking, of course, of that icon of the right, G. Gordon Liddy. He was, and is, a true domestic terrorist. Liddy is anything but a hero. You can read more about his relationship with the GOP nominee in the Huffington Post in Carl Bernstein's superb article titled "Ayers and the McCain-G. Gordon Liddy Symbiosis."

I interviewed Liddy about 20 years ago. It’s the only interview I’ve ever conducted in which I was physically uncomfortable, if not frightened. When I shook hands with the man his grip was bone crushing - he meant to hurt. This is a man who in recent years has suggested killing federal agents with a head shot. Yet far from denouncing Liddy, the republican presidential candidate embraces his friendship.

John McCain is basically a good man. But he needs to call a halt to his and Palin’s supporters on the extremist right who wish harm to come to their opponents. The Vietnam War hero needs to say in unmistakable terms that there is no place in the party of Lincoln, Teddy Roosevelt, and my all time political hero Barry Goldwater, for such irresponsible talk.

If the unthinkable happens and those few loudmouths at the Palin rallies who shout "Kill Him" get their wish, the riots of the 60s will be as insignificant as a water fight in a swimming pool by comparison.

UPDATE: [For a taste of what goes on at some of these rallies. - Ed.]





UPDATE 2: Sarah Palin Rally - Johnstown, PA - 10/11/08


Sarah Palin Rally - Strongsville, OH - 10/8/08


More from Strongsville Sarah Palin Rally


John McCain rally in Bethlehem, PA - 10/8/08

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Imagine what it would be like to stand before a judge as the accused in a criminal case knowing the jurist could himself spend the rest of his life behind bars. Imagine what must be going through the judge's mind as he looks out across his courtroom listening to testimony and arguments by able lawyers, and then ponders that the person he is likely to sentence standing before him could someday be his roommate in Club Fed.

Such is the case with U.S. District Judge Sam Kent who now stands indicted on charges he fondled an employee of his Galveston court.

Kent, in a supreme act of hubris and absence of grace has refused to take a leave of absence and will continue to hear cases, according to the chief judge of Texas’ Southern District, Hayden Head Jr. Kent was investigated for months by the Department of Justice until finally a grand jury came to the conclusion in a true bill that he should stand trial on two counts of abusive sexual contact and one count of attempted aggravated sexual abuse.

He is represented by famed Texas criminal defense attorney Dick DeGuerin whose courtroom victories sometimes border on the spectacular. Take the case of New York billionaire Robert Durst who admitted killing and dismembering his neighbor near Galveston’s Silk Stocking District and then dumping the body parts in the nearby bay. DeGuerin defended the cross dressing eccentric with equally famous Texas lawyer Mike Ramsey in the court of State District Judge Susan Criss, now running for an appellate bench. Against all odds, Durst walked.

Kent isn’t DeGuerin’s only high profile client at the moment. The Houston lawyer announced last week that he expects all charges will soon be dropped against former Congressman Tom DeLay who is also under federal indictment.

Kent, who has served on the federal bench for 18 years, will be arraigned before U.S. Circuit Judge Edward C. Prado Wednesday. After the hearing he will be released on his own recognizance. Newspaper reports say he then plans to go back to work in his courtroom in the same building for the rest of the day.

Kent claims his contact with accuser, Cathy McBroom, was consensual. However, she counters that she suffered ongoing sexual harassment over a four year period. It all came to an end, she says, in March, 2007, when the hulking judge allegedly pulled up her blouse and bra but was interrupted and she blew the federal whistle.

After the investigation was made public, McBroom was transferred to work in the garish architecture of the Houston federal courthouse. After a reprimand by the Judicial Council of the Fifth Circuit Court of Appeals, Kent too was moved to the same building to hear cases and be under the watchful eye of the district's chief judge.

While Kent is certainly innocent until proven guilty, his position as a U.S. District Judge makes him immune from firing or other obstacles that might be placed in the way of his hearing cases. Enjoying a lifetime appointment to the bench, there is only one way he can be removed from office. Congress could impeach him. Any bets on that happening in a busy election year?


Steven Long is the author of three books and also serves as editor of Texas Horse Talk Magazine, the state’s leading equine journal.

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Let’s face it, I’m as terrified of Islamic extremists as the next guy. I saw those buildings come down in New York, saw the people jumping out of them to escape the fire, heard the thud as their bodies hit the roof as I watched on live television. I have friends who saw the horror happen live. I want to see the people responsible for the death of innocents on September 11, 2001, suffer for what they did to America.

But I want them to stand trial.

When George Bush and Congress suspended the right have a writ of habeas corpus heard in a U.S. court for the “enemy combatants” held at Guantanamo during the past six years I had a visceral reaction. My knee jerked violently, and I probably had another twitch or two here and there. You just don’t tamper with fundamental law, certainly not law that has served us well since the Magna Carta of 1215.

So important was this right to appeal illegal imprisonment to the framers, they incorporated it in Article 1, Section 9 of the United States Constitution. It’s called the Suspension Clause. It reads, “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.”

And that’s the rub. George Bush and a Congress that probably knew better but wouldn’t stand up to a then strong president, passed a series of laws that held men without trial indefinitely.

Then Thursday, the United States Supreme Court did what I knew a court somewhere, somehow, had to do. It found a provision of the Military Commissions Act of 2006 unconstitutional.

You see, holding these men indefinitely, no matter what crime they were charged with, flew in the face of the document American governance is based on. Holding them without even describing why they were being held is unconscionable.

When Bush and Congress attempted to trivialize the writ of habeas corpus the United States was clearly not in rebellion, and despite the warlike assault on the World Trade Center we had not been invaded. Bush and Congress didn’t even come close to fulfilling the Constitutional requirements of the Suspension Clause.

Writing for the five to four majority Supremes, Justice Anthony M. Kennedy stated “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.”

The 37 detainess can now have their habeas corpus petitions heard because of the case decided this week, Boumediene v. Bush.

And what do I think of the dissenters on the court? In reading press reports quoting Chief Justice John G. Roberts, and Justice Anthony Scalia, I’m reminded of a tale as old as the Magna Carta itself, one about a character named Chicken Little and a falling sky. These are frightening men who would deny anybody, yes anybody, the right to appeal their imprisonment.

The dreadful men housed in Cuba for the past six years will now have their day in court. Hopefully, there will be convictions and just punishment. But maybe, just maybe, there is an innocent among them who will be acquitted by a U.S. court because he was finally able to confront his accusers.

The Supreme Court restored my faith in American jurisprudence – again. It is our constitution that sets us apart from the government of tyrants. By preserving the fundamental right to file a writ of habeas corpus, we can all breath a little easier in knowing that even the least among us are protected by a right so fundamental.

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On this blog we write about the most unspeakable acts mankind can do to itself. Yet civilization doesn’t confine its barbarity to inflicting misery and even death on us. We are even worse to our animals.

Most recently we have seen the glare of media focus on the oft ignored American pastime of horse racing and the plight of the disposable race horse who failed to enjoy the obligatory photo shoot in the winners circle after a race. We’re talking about the losers, those horses who fans see on their programs in Maiden races, a contest reserved for equines who have never won.

A horse is a costly aversion, be it a backyard animal used for toting the kids around, or a contender for the Triple Crown, the All American, or the Dubai World Cup where Middle Eastern oil rich bet their wealth on which horse attacks the oval the fastest.

Yet some can’t afford the Sport of Kings. Such is the case in tiny Puerto Rico. Stories surfaced over last weekend that test even the most tolerant of us when it comes to abuses inflicted on horses at the race track. The Associated Press revealed in a story that 400 healthy horse a year are put down by lethal injection because they lost races and were no longer profitable for their owners.

There apparently are few provisions in Puerto Rico for the care of retired race horses who don’t make the grade. Adoptions of off the track Thoroughbreds are rare. The animals are routinely killed, sometimes even by vengeful owners because the horse lost a race.

The reason for this is that the island nation lacks space or facilities to keep horses after they finish their careers. Owners don’t want to pay the upkeep to maintain an expensive loser with no place to go. That’s appalling and should be stopped immediately even if it ends racing in Puerto Rico.

But abuse of race horses doesn’t stop on the shores of Puerto Rico. The breakdown of Eight Belles on the track at Churchill Down sparked an uproar of disdain for an industry that races animals so young their legs aren’t yet fully developed.

There is a serious move afoot to end racing here, and the industry should take it seriously because a substantial block of the public supports a ban.

The apparent revulsion toward the sport that heretofore had gone un-noticed is increasingly in evidence, palpable. In a Gallup poll taken right after the death of Eight Belles we learn that almost 40 percent of all Americans believe racing should be eliminated for horses and dogs. If almost half of us think a sport should cease to exist, then the sport needs to take a long and hard look at reform. It doesn’t help racing’s public relations that just shy of 40 percent of all Thoroughbreds in the racing industry still go to slaughter after their career on the track is ended. The numbers make the 400 killed in Puerto Rico seem paltry. The public is beginning to learn of this heretofore “dirty little secret” of the sport of kings. It was featured this week in an HBO special on the dark side of racing. The program is being repeated over and over again, surely to the horror of racing’s owners, trainers, and bureaucrats.

The public is also beginning to cry out against the use of whips on race horses whose butt end is so sensitive that it can feel a fly and swat it with its tail.

The public is also just beginning to voice outrage that horses such as Eight Belles and Barbaro are being raced as youngsters before their legs are fully developed beginning at age two and running in the Triple Crown contests at three.

That is not right.

A lot of people are piling on racing, and I don’t want to be one of them. However, I do believe that in order to survive, the industry absolutely must reform itself.

I was stunned at the silence that came from the National Thoroughbred Racing Association, the Jockey Club, Breeder’s Cup officials, and others at the elite level of racing in the week after Eight Belle’s death in the Kentucky Derby. As the public outcry rose in volume, racing’s governing bodies played a symphony of silence. Finally, the industry appointed a blue ribbon “safety” committee as window dressing in the PR disaster that was confronting it.

Racing is missing the point. The appointment of a fat cat panel of millionaire race horse officials, owners, and industry experts is, in all due respect, a bandaid approach to a hemorrhage of epic proportions. The crisis in racing is at the street level, not in the refined closed doors of the clubhouse. The public outcry is not coming from the betting floor of America’s tracks, it is from the living room where racing is watched once or twice a year during the running of the races of the Triple Crown. Those are the people racing has lost, who have reached such a level of revulsion that they swear they will never watch a race again. They are the ones most likely to agree with calls for a ban from radical voices such as PETA, long discredited but now because of a convenient issue, gaining long lost respect.

Racing needs to immediately stop racing equine juveniles, ban the use of whips, and stop the slaughter of America’s race horses. If it doesn’t, a pastime of historic relevance will soon go the way of hula hoop contests, missed by the gamblers who care only for the thrill of the win and not the welfare of the horses,the few who make their living from the business - and the well heeled owners who use this once great sport as a costly plaything.

[Steven Long is a noted author of True Crime books and Editor of Texas Horse Talk Magazine .]

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The tragic death of the filly, Eight Belles, just after finishing in second place in the Kentucky Derby brings to mind the loss of another magnificent horse. It was in a match race at New York’s Belmont Park that the legendary Ruffian ended her career.

She was arguably the greatest filly to ever race. The dark bay, often called “Queen of the Fillies” was voted the coveted 1974 Eclipse Award for Outstanding Two-Year-Old Filly after winning the Triple Tiara, or Filly Triple Crown, in ’75. Her remarkable achievements prompted Lucien Laurin, Secretariat’s trainer, to remark “she may be even better than Secretariat.”

The girl loved to run, racing a variety of distances from 5.5 furlongs, to 1.5 miles. Her average winning margin was more than eight lengths. She was undefeated in her first ten races. The horse won her maiden race by an incredible 15 lenghs.

Yet Ruffian’s days were numbered. On July 6, 1975, at the storied Belmont race track Ruffian faced Foolish Pleasure, that year’s Derby winner. It was a match race. The event was hyped as the “Equine Battle of the Sexes,” and was watched by a record 50,000 spectators at the track, and an additional 18 million television viewers.

Coming out of the gate, Ruffian crashed her shoulder into the unforgiving steel, and then recovered quickly, running with pain and leaning on her right foreleg to compensate as she sprinted down the track. She was ahead by a nose in the first quarter mile exhibiting blazing speed, and half a furlong later, Ruffian was leading by half a length. Then tragedy struck as both sesamoid bones in her right foreleg snapped.

Race horses are bred to run, and great race horses don’t give up because of pain. Jockey Jacinto Vasquez attempted to pull Ruffian up but unbelievably, Ruffian wouldn’t stop running as she demolished her sesamoids and ripped the skin of her fetlock exposing the bone. The wound was then driven into the race track’s sand, her ligaments torn from her leg as the hoof flopped in the summer New York air.

Like Barbaro of recent times, she was attended by emergency veterinarians who rushed Ruffian into surgery, yet recovery was not to be. After she awakened from the anesthesia she thrashed on the floor of her padded stall as if continuing to run the unfinished race against her rival Foolish Pleasure. The horse banged her heavy plaster cast against her elbow smashing it as well. Finally the cast slipped, opening the foreleg again.

Ruffian was put down and then buried near a flagpole facing the finish line at Belmont Park.

The sad fact is that some race horses just break down. Ruffian’s sire, Reviewer, suffered three breakdowns. Many thought Barbaro stood a very good chance of winning the Triple Crown, yet he ended his career shortly after leaving the gate at the Preakness before a nationally televised audience. And now again, Eight Belles lies dead at Churchill Downs, put down after breaking both ankles.

Many believe Thoroughbreds are more fragile today than they were a half century ago because of the chemicals that are given them by trainers driven to win, not by love of the sport, but by the incredible money and fame a winner can bring them.

If, in fact, Thoroughbreds are not the hardy breed they used to be, then why on earth do we continue to race them at two and three years old?

In light of the latest race track horror, there will be calls to ban racing. That, of course, is absurd. Race horses are born to race, and just as Ruffian wanted to finish the race she had begun earlier but now in a padded stall, Eight Belles would have loved nothing more than to hear the clang of the gate for another start. It was not to be, and that is the nature of racing. The fact is that some horses will die on the track. Yet each and every one of them died doing what they love to do, run. Horses are nature’s greatest natural athletes, and race horses are the greatest of them all.

Eight Belles gave Big Brown a run for his money and kept the latest Triple Crown hopeful honest as he raced toward the finish line. She did her job, yet she died too young.

[Steven Long is Editor of Texas Horse Talk Magazine as well as a best selling true crime author.]

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By Steven Long


It has been a hell of a year for mainstream Mormons. First well washed and squeaky clean Mitt Romney didn’t live up to the expectations so many had for the savior of the Salt Lake Olympics when he dropped out of the presidential race. Then Marie Osmond fainted dead away in front of the three judges on “Dancing With the Stars” a few months ago. Weeks later, two time winner, pert dancer Julianne Huff, was unceremoniously thrown off the same program with her celebrity partner Adam Corolla. And now this! Splashed across every television screen in America are dour women in hand sewn prairie dresses with hair piled so high it could almost reach the angel Moroni’s trumpet towering above Salt Lake’s Temple Square. The good people of Zion, as they like to call the Salt Lake Valley, must be mortified.

In Every Woman’s Nightmare, (St. Martin’s Press) I wrote about the tragic death of Lori Hacking at the hands of her husband Mark. Both were cradle Mormons, born to the faith founded by a New York farmer named Joseph Smith. Both were seemingly devout long into their marriage, happy participants at the Ward House a block from their Salt Lake City apartment. In the course of unraveling why a stand up Mormon man would kill his wife, and then throw her remains in a garbage bin to ultimately decompose in the steaming compost of the Salt Lake City dump, I learned a lot about the church they were raised in.

The Mormon religion demands much from its faithful. First off, they have to believe, with little concrete evidence to support it, that Smith found an ancient book engraved on metal plates about the dealings of the Almighty with the ancient Israelite inhabitants of America. Say what? The Mormon prophet claimed the plates were written in a language called Reformed Egyptian, and that he could translate it despite having never set foot there, or studied any version of the language in school, reformed or otherwise.

And, of course, nobody ever actually saw the plates.

A little later Smith introduced plural marriage when he and the inner circle of his new church began to take on “spiritual wives.” When Smith died at the hands of a mob, he had married 33 women. Two, Melissa Lott and Maria Lawrence were only 14.

After Smith’s death, Brigham Young, often called “The American Moses” led the Mormons to the Salt Lake Valley. He reluctantly embraced plural marriage, and then finally married 27 women, including 15-year-old Clarissa Decker when he was a seasoned 42.

Brigham Young moved much of the Mormon faithful to the west, mostly to Utah. There, they closed ranks, kept to themselves, called anybody not of their faith Gentiles, and generally had a chip on their shoulder towards the outside world, rightly so considering that their leader and prophet had been murdered during a fit of intolerance by a mob as he sat imprisoned. Moreover, the Mormons had been driven from town to town, from state to state, until they settled in a land that seemingly nobody else wanted, far away from those who would kill and persecute them. They withdrew, circled the wagons, and internalized into a happy life without the rest of their countrymen

Is this sounding like what you have been reading and hearing about the closed compound at Eldorado yet?

Nineteenth Century Mormons, with their multiple wives, curious and dangerous belief in blood atonement for some sinners (think killing them), rejection of the concept of Hell, secret marriage rituals, and a multitude of other practices and beliefs out of sync with other religions during the Gilded Age, were the subject of ridicule, and in some cases contempt.

Ever ready to withdraw into their own self contained world where even food was hoarded for bad times, the Mormons faced a problem. Their leaders desperately wanted Utah statehood as the Nineteenth Century neared its end. Yet Congress wouldn’t hear of such a thing as long as polygamy was being practiced on a wholesale basis. In 1890, the reigning Mormon prophet, Wilford Woodruff, had a revelation; some say of convenience, that polygamy could no longer be practiced by members of the church. With the announcement, wives who heretofore had been happily married now found themselves outside the homes of their husbands. By 1896, Utah was admitted as the 45th state.

Yet the practice of polygamy remained popular among some, as do other practices and beliefs long ago left behind today by mainstream Mormons

The FLDS isn’t the only Mormon sect who today adhere to the old beliefs. They are shunned by their modern brethren of the Church of Jesus Christ of Latter Day Saints which rejects their lifestyle totally.

The overwhelming majority of members of the LDS faith are mainstream Americans interested in their next paycheck, how the NBA Utah Jazz are doing, the quality of power at Snowbird, and whether former Salt Lake City Mayor Rocky Anderson will inflict his Liberal Democratic persona upon them in another office thereby embarrassing their city and state again before the nation.

Mormons have a rich and glorious history, some parts of which they often shun rather than embrace, attempt to hide rather than celebrate. The FLDS is part of that, for better or for worse. The glaring light of the media is shining down upon them since the seizure of 400 kids at Yearning for Zion Ranch near Eldorado, Texas. As a journalist and author, the rich soup that is Mormon history has been a gourmet tasting. Now, many more of my ilk will discover what a fascinating sect the Latter Day Saints, fundamentalist or otherwise, are. I’m certain though that as they probe the inner workings of the Mormon faith, some will have doors slammed in their face or be greeted with stone silence as I was during my work in Salt Lake City as I researched Every Woman’s Nightmare.

The great secrets of the Mormon faith long ago became public. Nothing remains hidden in the age of the Internet when even the wedding rites of a well guarded inner sanctum of the Salt Lake Temple are revealed in all their intimate detail – only a Google search away.

The children of Eldorado will undoubtedly remain estranged from their families as the State of Texas does its work to rescue them from what it considers an abusive and exploitive situation. Fortunately, they will have help from CASA. The Court Appointed Special Advocates Association and its 50,000 volunteers are appointed by courts across the nation to help find abused children safe and permanent homes. they have been on the ground in the case since Texas' seizure of the FLDS children.

CASA was formed in 1977 by a Seattle judge to help the courts do their work after the system of appointing attorneys ad litem proved inadequate. Today, it is administered out of 900 offices nationwide, and miraculously for the FLDS kids, throughout Texas. They will have the help of trained community volunteers. They will not be just another file in an appointed lawyer’s case load.

In last week’s hearing attorneys representing two interests spoke to the court. One was the sole lawyer representing the state arguing that the kids remain in custody. The others were the 400 jurists representing the children in an ad litem capacity. And what were they arguing to the court? To their credit, the Texas lawyers followed Texas law as they represented the wishes of their clients, the children. And what did the news media miss in all this? I have yet to see a story saying that the lawyers argued their clients, the kids, desire to return to Yearning for Zion Ranch. The children just wanted to go home to the only life they had ever known.

Thankfully, the court listened to those lawyers patiently, and then ruled in favor of the state that the children remain in custody.

You see most, if not all, of the children of the Eldorado compound, likely didn’t even realize that being married at 14 is child abuse any more than Maria Lawrence and Melissa Lott did when they married Joseph Smith in 1843 at that age, or when Clarissa Decker married a middle aged Brigham Young at 15.

[Steven Long is Editor of Texas Horse Talk Magazine as well as a best selling true crime author.]

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By Steven Long

I have never written a retraction, so this is a first. The fact is, I never had to. You see, like almost all journalists, I try to get the story right the first time, and despite our reputation, my profession is obsessed with accuracy.

Yet in a recent post I penned here at In Cold Blog I hurt somebody by carelessness. I hurt that person with a tossed off word flung randomly into a piece I wrote without thinking of the consequences. I used a word as a figure of speech. Yet it wasn’t taken that way by the person who I used it about. The word I used in the story – hate.

The In Cold Blog post was about being subpoenaed to testify in the case of Harris vs. Parnham. Convicted killer Clara Harris sued her attorney George Parnham over a variety of allegations that subsequently were not proven to the satisfaction of the jury by her lawyer, Dean Blumrosen.

I didn’t cover the case as a reporter. I was a witness. It was Blumrosen who subpoenaed me, and Blumrosen who was hurt.

In the post I simplistically stated “I believe that while Clara Harris had a compelling case against her former lawyer, the jury hated Dean Blumrosen, the attorney representing her. Equally important, I believe they found Parnham’s counsel, the affable Chip Babcock appealing.”

In fact, I hadn’t spoken to a single juror and have no idea whether they liked or disliked the lawyer. My exposure to Blumrosen’s case was the quarter hour or less I spent on the stand during the three week trial. I was shooting from the hip.

I used the word hate much as I would if I said, “I hate this tie, or I hate this steak, or I hate his politics, or I hate that movie when I said that the jury hated Dean Blumorsen. I didn’t mean that they either collectively or individually hated the lawyer with a gut level burning hate. The word was a toss off, a fling, a bit of whimsy if you will. The use of the word was stupid and careless and I apologize for it.

Words can hurt and clearly even lawyers aren’t immune to their sting. Dean Blumrosen lost his case and lost it big. That doesn’t mean that the jury hated him, and it doesn’t mean that I do either.

Virtually all of my closest friends are either lawyers or judges. I’m around them all the time, and I’ve made a career of writing about their antics, foibles, heroics, and yes, their language. I’ve heard lawyers who have lost a case say, “The jury hated me” so many times I can’t begin to count. Jargon is easy to pick up, and clearly I picked some up. Older lawyers often say they were “poured out” after losing a case. I could have just as easily used that term and probably not hurt the sensibilities of Clara Harris’ lawyer at all.

Most of the articles that appear on In Cold Blog are commentary from experts and authors. This article was no different. I was writing about what I observed during the brief time I was in the courtroom under questioning by both the plaintiff’s lawyer and under cross examination by the defense. After all, that’s what I do, I write books about lawyers.

[Steven Long is Editor of Texas Horse Talk Magazine as well as a best selling true crime author.]

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He Had a Higher Calling

February 18, 2008


Houston’s rough and ready district attorney has abruptly resigned amid an ocean of scandal. Chuck Rosenthal recently faced a nearly certain contempt citation in federal court for destroying emails that were, to say the least, embarrassing. It is likely they were compromising as well to the Harris County prosecutor whose office put more people on death row than any in the nation.

Rosenthal was a fool because the emails he didn’t get around to destroying were enough to cost him his job when they surfaced in a civil suit brought by a Democratic activist supporting his likely opponent in the November election. The emails contained mushy love notes between the DA and his assistant, racist cartoons, and most damning of all in Republican Harris County, porn. Yep, you read it right, porn.

On the day he resigned, more surfaced. We learned that this paragon of virtue was allegedly hitting the sauce in his office. Moreover, by his own admission he blamed his entire behavior on a combination of prescription drugs that “he learned” affected his judgment. Well, something sure did.

I’m nothing, if not an aggressive reporter. I once chased Chuck Rosenthal through the hallways of the Harris County Courthouse, into an elevator, rode to another floor with him, and then chased him again into an office that was off limits to the press. All the while the grinning DA gave me and a reporter from Time Magazine a happy “No comment.”

The reason I was pressing the now disgraced district attorney so relentlessly was that poor Andrea Yates had just been convicted of capital murder for the drowning of her five lovely children.

His prosecutor, a lackluster trial lawyer, had attempted to get the death penalty for the poor woman who was clearly and convincingly insane in a case tainted by the testimony of the state’s star witness, Dr. Park Dietz. “Hollywood” Park, as he is affectionately known by the press, had manufactured an incident for Rosenthal’s team that simply didn’t happen. It made Yate’s murder of her children into a copy cat killing patterned after a fictitious segment of TV’s Law and Order. It cinched the case for the state to the point that any caveman could have won had he been the prosecutor (apologies to the hairy guys on TV).

In fact, the conviction was eventually overturned on the basis of Dietz’ testimony.

I was disgusted and embarrassed that Chuck Rosenthal and his team of lawyers were representing me, a resident of Harris County, and a proud Native Texan.

Cheating to convict a helpless mental incompetent just “ain’t” the cowboy way in my book. When confronted with his office’s bullying actions in going for the death penalty against a woman who was so ill she could barely sit in court, Rosenthal just grinned and said nothing.

It was this same district attorney’s office that secured convictions in what might be hundreds of cases because of bogus work done in the crime lab of the local prefects at the Houston Police Department.

There is something frightening about all this. The Harris County Criminal Courthouse is filled to capacity with judges who got their start in the district attorney’s office. It’s chilling to think of what criminal defense lawyers are up against as they try their cases there.

These judges are the result of a relentless right wing GOP machine so efficient that there isn’t a single Democrat sitting on the bench in the nation’s fourth largest city. Many have their political roots in the local religious right.

I’m about as hard assed as they come when it comes to convicting criminals. I enthusiastically embrace the death penalty. I once served on a jury that gave a burglar with prior convictions life in prison. Yet there needs to be a level playing field and a sense of fairness in our courts. The oath that prosecutors take is not one in which they swear to convict, but instead one in which they swear to do justice.

Some very real questions remain as to the quality of justice done in Houston under Chuck Rosenthal.

In Texas, public integrity cases are handled exclusively out of the Travis County District Attorney’s office. It may now be time for the Austin based lawyers there to ask a judge to convene a special grand jury to take the Harris County DA’s Office apart from top to bottom.

Oops, forgot to mention the scandal erupting around Rosenthal’s pal the local sheriff. And yeah, you guessed it. Sheriff Tommy Thomas is a Republican too.
[Steven Long is Editor of Texas Horse Talk Magazine as well as a best selling true crime author.]

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By Steven Long

I have been a happy and willing participant in the journalism of the New York Post for years. I owe the newspaper a lot, and I can tell you for sure, there is nothing in the world like having your byline on page one of a daily in Gotham. That first happened when my photographer and I (at the Post they call such folks "shooters") cornered the late Enron Chairman Ken Lay in the balcony of his church after staking out his high rise home for ten bitter cold days in Houston as he cowered hiding from employees and stockholders who wanted his skin. I confess it was fun.

I had long considered the bald CEO smarmy after watching him deny Enron was screwing California electricity consumers on a Nightline episode. My journalistic gut feelings are seldom wrong, and they were dead on in his case.

Lay and his hand picked successor Jeff Skilling, along with scores of other Enron execs, had bilked stockholders and staff in the largest fraud case in American history – a case that made Charles Ponzi look like a penny ante player in the backroom of a boarding house in Dubuque (my apologies to Dubuque). As the story broke, and broke, and broke, and broke – a cottage industry grew up in Houston among freelance journalists and photographers who fed off the Enron tit for half a decade.

The chase was just as much fun a couple of weeks ago when the Post went in quest of “The Rocket” on his home turf, Houston.

Our search for Roger Clemens was tit for tat as such chases always are. The Post team was doing its dead level best to secure a scoop with a team dispatched by the New York Daily News nipping at our heels. The Post prevailed, of course, nailing Rocket at his kid’s school.

I didn’t say doing this line of work had a lot of class. It’s just fun from time to time.

My long and mostly happy relationship with the Murdoch paper began when I was dispatched to a suburban home in Clear Lake near the gates of the Johnson Space Center. A crowd had gathered there. It’s no wonder. You see, the mistress of the house, a religious fanatic named Andrea Yates had just drowned her five children. Just hours after his world had come crashing down around him, the children’s father, wandered around the yard showing no emotion whatsoever. He finally drove himself away as I described this iceman’s action to the re-write desk in New York.

Russell Yates continued to live in the house where Andrea killed the kids. Later, during his wife’s trial, he told me he showered in the bathroom standing in the same tub where she had drowned his five children. Yates was certainly the coldest newsmaker I ever covered.

As with Enron, a cottage industry sprang up to feed off the case of Andrea Yates – or as the Post screamed in headline after headline, the “Tub Mom.”

It’s not everyday a prosperous dentist grinds her husband’s body under the six inch undercarriage of an S Class Mercedes, yet Clara Harris did that to her wealthy orthodontist mate, David. It was a made for the Post story, enhanced even more so by my discovery that the object of her anger was the alleged lesbian lover of her man. I broke the story that the two had even appeared together on the Sally Jesse show in disguise. And that was just the beginning. Shortly we found out that a Texas private investigator had videotaped the entire killing while on stakeout for her employer – none other than the killer herself.

For a while the editors in New York surely must have thought there was something in Houston’s water that sprouted great tabloid stories on a regular basis.

And that again brings Roger Clemens to mind.

It didn’t take long for the expected call from the Post to come after news broke that The Rocket’s previously shining star had been tarnished by scandal.

Clemens’ former personal trainer, Brian McNamee, told a committee headed by former Senate Majority Leader George Mitchell, that he administered performance enhancing drugs to the superstar pitcher, and did it multiple times.

The seven time Cy Young Award winner has hired famed Houston criminal lawyer Rusty Hardin to represent him all the while angrily protesting that he put nothing more in his body than wholesome food and healthy drugs.

In words about 500 years old, methinks he protests too much.

A client simply does not hire Rusty Hardin unless he anticipates trouble with a capital T. A steady parade of sports figures has found their way to the flamboyant former prosecutor’s office. Clemens joins basketball great Calvin Murphy, Warren Moon, Rudy Tomjanovich, in paying what must be assumed to be Hardin’s healthy fees.

Clemens will soon go before Congress to testify under oath about his alleged drug use. The stakes couldn’t be higher.

Last Thursday Clemens added Lanny Breuer, former special counsel for President Bill Clinton, to his high powered legal team as he prepares to testify

There is smoke here, and I’m betting that hiring this kind of legal firepower and spending the bucks it takes to get them, indicates a better than even chance there is fire as well.

I’m waiting for the next call from the Post. It could be that another cottage industry is about to blossom and I want to be there for it.

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By Steven Long

There are times when the judiciary, even the federal one, makes a boneheaded move that is breathtaking in its arrogance and asinine in its stupidity. Such has been the case in recent months regarding the possible removal of U.S. District Judge Samuel B. Kent of Galveston.

I have known and liked the judge for more than 25 years. In fact, for a time when I ran an alternative paper in the island city the judge’s late wife, Mary Ann, wrote some articles for us.

Sam was an occasional visitor to “The Judge’s Table” at the island city’s late lamented Ship Ahoy Cafeteria, a steam table restaurant where the blue plate specials rivaled home cooking in just about in any farmhouse in the Lone Star State. I salivate to this day just thinking about the black-eyed peas.

I’m sad to say that just about all of the regulars at the table are gone now, their lofty opinions and conversations wafted one by one to a banquet with the biggest raconteur of them all. I and a couple of other laymen were the only non-lawyers who were accepted to sit with the lawyers and judges. For the five years I was a daily visitor at the table, I learned more about law and life than I ever could have in a journalism class or a newspaper office. I learned a little about highly placed sources as well.

Among my regular luncheon companions were four state judges and the island’s lone federal judge, the late and revered Judge Hugh Gibson. All became trusted personal friends, not that it would have helped me if I ever wound up on the inside of the bar of justice. As one of the regulars, the recently passed Judge Don B. Morgan once told me, “Friendship is one thing, but business is business.”

Kent was an infrequent visitor to the table, but he came with a degree of regularity. At the time he was practicing admiralty law – no surprise in a seaport town. He had the reputation of being an intellectual whiz kid, yet a down to earth hail fellow well met. He was also a Republican, a rare species in a wildly Democratic place like Galveston where card carrying members of the GOP were largely found in an obscure corner of the local country club playing a weary game of gin while discussing debentures. If I were forced to pick the last person in the world who would be appointed to the federal bench to follow Hugh Gibson’s retirement it would have been Sam Kent.

Yet the Bush (41) appointed Kent to the bench. From what I heard, Sam was a great judge. Moreover, he made some astonishingly progressive rulings for a Republican appointee. He was cut much more from the fine legalistic cloth of a David Souter and less from the stiff unyielding canvass or a Samuel Alito.

And his writing from the bench was sometimes extraordinary. Occasionally, it was even funny. He once suggested in an order of transfer that for a district judge to have jurisdiction over a foreign nation’s issues it would be proper if a restaurant serving that nation’s cuisine be located in the court’s jurisdiction. He denied the motion to move the case to seafood loving Galveston.

I only saw Kent preside once, and then just briefly during a return trip to Galveston when I covered a hearing for my book, Out of Control. He was impressive; a big man now in the black robes of justice. The former admiralty lawyer was downright imposing. Even more telling was the incredible intellect he demonstrated in a series of rulings and orders issued in staccato succession over a period of just a couple of minutes. There was assertiveness that I never saw demonstrated during countless lunches with him in the more relaxed atmosphere of the Ship Ahoy. There Kent usually sat quietly and spoke seldom.

After assuming the bench we seldom ever spoke to each other. I was now in Houston, while he remained in Galveston. From time to time I would make a rare journalistic call to Kent for reasons long forgotten. He was always warm and accommodating, never aloof, as so many judges become after they undergo the metamorphosis from being workaday lawyers to supreme federal beings. We had never been close like I was with many of the lawyers and judges at the old luncheon table. In fact, we barely knew each other. Yet those days at the Ship Ahoy counted for something. Every time I heard something he had done on the news, heard of another in a string of wise rulings, or heard of a funny opinion, I would get the warm fuzzies that my old acquaintance was acquitting himself well on the bench.

Others didn’t.

As a matter of fact, Sam Kent was roundly hated among some lawyers who came before him - and rightfully so. You see, the judge had a sharp tongue – and his favorite word to use to describe motions that didn’t measure up to his exacting standards of syntax was “asinine.” In fact one lawyer is alleged to have done a computer search of the judge’s rulings and learned he had used the word asinine 13 times in the 11 years between his appointment to the bench in 1990 and 2001. A further search by the same attorney for the word in judicial rulings and opinions found it had only been used by federal judges in their writings 16 times since 1944.

Kent’s Wikipedia biographical blurb (undoubtedly written by an enemy) cites another ruling in which the judge described a motion in his written opinion as “patently, insipid, ludicrous and unequivocally without any merit whatsoever,” going on to write that the “obnoxiously ancient, boilerplate, inane Motion is emphatically DENIED” (Kent’s caps). He then disqualified the lawyer who penned what Kent termed “asinine tripe” from representing his client in the case.

In short, Sam Kent had angered some of the lawyers who came his bench. Some began to call him a judicial bully behind his back.

Others probably cheered the hulking judge because he suffered neither fools nor writers of gratuitous writs lightly.

Rumors spread in the legal community as well about allegations of a change in the judge’s demeanor when he was drinking.


“He just became a different person,” a longtime Galveston journalist told me.

Yet the grumblings bubbled below the surface not blowing at hurricane force until a different sort of allegation emerged.


In May, Kent’s case manager, Cathy McBroom alleged in a complaint that two months before, the judge called her to his office and then pulled up her shirt and bra. She said he then put his mouth to her breast and proceeded to push her head toward his crotch.

Other court employees began to quietly speak of sexual harassment as well.

By August, the judge was told to go home and await the outcome of a ruling by his judicial superiors, all the while collecting his $165,000 annual federal salary.

Chief Judge Hayden Head of the Southern District of Texas ordered Kent not to hear cases between Sept. 1, 2007 and Jan. 1, 2008.

Inevitably, the fact that Kent had been removed from the bench temporarily had leaked to the press. The press also learned that 85 of his cases had been re-assigned to other jurisdictions, and his repeated appointment of a close friend was now under scrutiny.

The courts had protected one of their own, and failed to tell the public the nature of the allegations against Sam Kent. The federal court system was engaged in a de facto cover-up of the investigation and potential disciplinary measures against Judge Sam Kent. Equally bad, Kent’s defense against the allegations was heard only by his fellow judges. The public was shut out of the information loop. Were it not for the press, the matter would undoubtedly have been swept under the carpet.

It was reported in the online version of the respected Texas Lawyer that the Judicial Council of the Fifth Circuit Court of Appeals had acted swiftly. In late September the paper reported they had issued an order saying only that a complaint of sexual harassment toward an employee of the federal judicial system had been received. The order it issued said “The council concluded the proceedings ‘because appropriate remedial action ad been and will be taken, including but not limited to the Judge’s four-month leave of absence from the bench, reallocation of the Galveston/Houston docket and other measures.”

Court observers and the public were left scratching their heads and wondering what had really happened to prompt Kent’s removal from his court.

It didn’t take long for details to leak.

McBroom’s lawyer, famed Houston criminal defense attorney Rusty Harden was talking, telling the press that the judge’s actions had gone far beyond being just employer/employee sexual harassment, as the Fifth Circuit had announced. Harden, claimed that Kent had committed a felony.

As details of McBroom’s allegations emerged cries for Kent’s scalp quickly increased in volume and seriousness.

Federal judges are appointed for life, and the only way they can be removed is by impeachment by Congress.

The Fifth Circuit could have made such a recommendation. Instead, the appellate court did neither and continued to protect the reputation of one of their own. By not releasing details of its findings the court served neither the rights of the accuser, nor of the accused.

What little that had leaked in the press prompted National Organization for Women President Kim Gandy to say the Fifth Circuit’s actions were “woefully inadequate.” The group has asked for an investigation by the House Judiciary Committee.

Thus far nothing has happened in the House, nor is anything likely to happen in the near future. Committee Chairman John Conyers, D-Michigan, and his ranking Republican counterpart Rep. Lamar Smith issued a statement punting the investigative ball, at least for the time being.

“The recently publicized charges against United States District Judge Samuel Kent are shocking and cause grave concern to all of us…While the alleged conduct is disgraceful; it is, nonetheless, the practice of the House Committee on the Judiciary to defer formal action until intermediate remedies have been pursued.”

Meanwhile, McBroom had been transferred to the Federal Courthouse on Rusk Street. in Houston. In late October Kent’s superiors transferred him from his Galveston jurisdiction 50 miles away to the same courthouse in downtown Houston. McBroom and the judge will likely see each other in the Houston courthouse, perhaps on a daily basis.

His cases are now divided among the Houston federal courts. And come January, Kent will become a active judge again.

Even after all the leaks and news stories, the courts have yet to release details of their investigations to the public. Nobody knows for sure if Sam Kent really did lift the woman’s top and kiss her breasts. Nobody knows for sure if he did attempt to move her face to his crotch. And nobody knows what he has had to say to his fellow judges about all the allegations against him.

In the words of Judge Sam Kent, that is asinine.

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By Steven Long

I got a call the other day from a lawyer wanting to interview the author of Out of Control, the story of the murder of Dr. David Harris by his dentist wife Clara. The Colombian born one time beauty contest winner was convicted by a Texas jury and sentenced to 20 years in the slammer. She is suing her lawyer, famed Houston criminal defense attorney George Parnham (pictured left).

Informed appellate sources close to the case say it has merit - perhaps has merit in spades.

The lawsuit, filed by Houston attorney Dean Blumrosen, alleges Parnham violated an original fee agreement of $75,000 by charging Harris $235,000; never provided invoices; told Harris to sign a security agreement only protecting his interests; and filed a lien on her properties the day before she was to be sentenced.

Moreover, the suit claims Parnham charged her more than $10,000 for another law firm to draw up papers that only benefited him.

But the most damning allegation in the lawsuit is the claim that “Mr Parnham was unaware that the legal defense of accident had been abolished in 1973, up until the State of Texas rested Plaintiff’s criminal case.”

Tilt.

Yep, you got it. Parnham claimed at trial that the murder of Clara Harris husband David was in fact an accident.

Last year the bearded lawyer and an appellate team got the conviction of another notorious client tossed by the Texas Court of Criminal Appeals. Andrea Yates conviction was overturned, the result of a spectacular feat of lawyering and a whopper told on the stand by a respected witness. Convicted of killing her five children, Yates will likely spend the rest of her life in a psychiatric hospital instead of in the slammer, convicted of capital murder. In fact, if she takes her medicine and responds favorably to treatment, Andrea someday could walk free.

And what of the whopper that opened the doors to the jail for her? Famed forensic psychiatrist, sometimes derisively called “Hollywood” Park Dietz for his courtship of the media, did his part to shorten Andrea Yates’ stay in prison when he either became so full of himself that he exaggerated his testimony in her trial – or outright lied to help the prosecution. Dietz claimed in sworn testimony that he had consulted on a segment of Law and Order in which a woman killed her children and then got off with an insanity defense. No such episode ever aired.

I had been tipped that Dietz had allegedly told a big one by my friend Suzanne O’Malley, author of Are You There Alone?. I was covering the trial for the New York Post, dictating the facts of the day’s event to the re-write desk. O’Malley told me I would be getting a call from the show’s executive producer to confirm what she had told me.

I dutifully informed the tabloid, and was completely ignored in their frenzy facing looming deadlines. It was an unusual lapse. Ordinarily the newspaper would have jumped to beat their arch rival, the New York Daily News. I quickly filed the lost scoop away in the spilt milk column and went home to dinner. At about seven o’clock the phone rang, and as promised, Dick Wolf, producer of Law and Order was telling me the most famous psychiatrist in America had lied on the stand. (Wolf has just picked up yet another Emmy for his Bury My Heart at Wounded Knee.)

I frantically dialed the Post again. Getting anyone on the line was futile I was told. It was a lost opportunity, and the newspaper had blown it big time.

During later testimony I told Dietz about the call. His response was to ask if we would report it on Page 6, the Post’s hugely read gossip slot.

O’Malley was incredulous when I told her what had happened the following day at court. She skillfully leaked the information to another source and the rest is history. Suzanne wrote about my experience in Are You There Alone. I wasn’t embarrassed about losing the scoop. I had tried to get it in the paper.

She also told Parnham. He attempted to get the judge to reconsider Dietz’ testimony. The judge, full of herself, rock hard and pompous, was a former prosecutor hell bent on helping her former colleagues from the DA’s office convict Yates. She would hear nothing of the sort from the likes of an uppity defense attorney. Judge Belinda Hill was cut from the mold of Harris County prosecutors who gave Texas a dubious lead in the number death sentences and executions nationwide. The office is characterized with concern for conviction rates often leaving justice trampled on the courthouse color.

Parnham faced much the same kind of judge when he defended Clara Harris. Although the wealthy dentist was clearly guilty, she drew a bad card when her trial fell into the venue of Judge Carol Davies, another former prosecutor. The judge was limited in her elocution skills. When she spoke, one syllable words were converted to three in her strong East Texas twang. Moreover, while Hill was decidedly pro-prosecution in her rulings, Davies manifested physical revulsion toward the defendant, frequently showing it with her body language as I described in Out of Control.

In both trials, the deck was stacked against the defense attorney by the court itself.


And on top of all that, during the Clara Harris trial, George Parnham got sick. When he collapsed in the courtroom, the cynic in me jumped to the fore. I had seen a defense lawyer cause a minor diversion in a trial before when famed Austin attorney Roy Minton became seriously ill during the seven month trial of the Autumn Hills Nursing Home chain and it’s executives (still the longest trial in Texas history). It was the subject of my first book, Death Without Dignity. My instincts then also told me that the rotund Mr. Minton was not ill but was using a lawyer’s trick to secure sympathy from the jury. In both cases, I was wrong in my suspicions. Yet in both cases, the lawyers were capable of such a ruse if they believed something like that would work to their client’s advantage.

Parnham’s collapse happened on a Friday, largely due to fatigue and a cold. He was back the following Monday. Minton’s was much more serious. When he returned to court a month later he had shed more than 50 pounds putting him in fine shape to finish the trial and help secure a hung jury as one of six top Texas lawyers defending the chain and it’s brass.

The inescapable fact in the Clara Harris trial is that George Parnham presented a flawed case, a lackluster and often bumbling performance as a trial lawyer, and one of the most astonishing defenses in the history of criminal jurisprudence.


Equally inescapable was the virtually indisputable fact that his client, in a fit of temper, had killed her philandering husband who she had caught red handed with his girlfriend in a Texas Hilton hotel. What’s more, the killing had been caught on video by a detective hired by Clara Harris herself.

At trial, Parnham claimed that his client had struck David Harris once by accident, and then accidentally ran over him again and again. As it turned out, the jury believed she drove her S Class Mercedes, with only six inches of clearance from the ground, in a circle meat grinding her husband as many as five times as testified by eyewitnesses.

I thought the accident defense was silly the first time George told me about it over dinner and drinks in an upscale Houston restaurant. To make such a claim was at best, ridiculous, at worst incompetent. I lean toward the latter and wrote as much in Out of Control.

I watched Parnham work in both the Yates trial and the Harris case. His performance before the jury in both cases was lackluster. However, he did one thing right. In the courtroom he evoked sympathy from the press, if not the jurors. My heart wrenched when I sat on a hard oak bench and watched the clearly mentally ill Andrea Yates hear her life sentence. My gut churned as Clara Harris folded in Parnham’s arms in near collapse as the once successful dentist and mom learned she could spend almost two decades in prison.

I like George Parnham. I just wouldn’t want him for my lawyer if I was in a jam.

Yet in the sense that he was able to evoke compassion in not only me, but in virtually the entire press gallery of about 50 cynical journalists says something about him – in fact it says a lot. Both Yates and Harris should have been treated more mercifully by their jurors, the observers who count. They were not. In both cases, they doled out a harsh punishment in which both women would spend scores of years in jail, suburban professionals and moms turned into faceless creatures on the anthill that is a modern American prison.

Clara Harris’ lawsuit against the lawyer who stood by her throughout her original incarceration and subsequent trial comes as no surprise. I learned from close friends of hers that from the moment she was found guilty by that Harris County jury, Clara Harris was pissed at her lawyer. And if the allegations in the suit are even close to the truth, George Parnham has a lot to answer for.

Lawyers talk a lot about fiduciary responsibility. They should. Their relationship with the clients who pay them is every bit as sacred as that of the priest hearing a confessional, the military officer leading men into battle, and the physician who must use his expertise to make a patient well, or at least better. At the very least, the defense of Clara Harris by George Parnham was stumbling, bumbling, silly, and ultimately inept. And although I liked the defendant when she ultimately took the stand, the jury didn’t and that was all that counted.

After all, claiming a killing such as the murder of David Harris is an accident is as far fetched as a claim that the wounds to the back of Abraham Lincoln’s head came from a cat scratch.

He used a defense outlawed by the state in 1973? Whew!

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read more “Clara Harris Fights Attorney George Parnham”

By Steven Long

The Brazos Valley is lush and green almost year round except in early spring when much of the land turns cyan, covered with Texas’ signature flower, the bluebonnet. The land is so rich that 136 years ago the state chose to build its agricultural college there in this fertile river bottom land. Since that time, Texas A&M has drawn students from far and wide to turn them into some of the best military officers, football players, engineers, farmers, and ranchers, the world has ever seen. To become a student at this storied school is to become a part of a tradition as rich as Texas itself.

And the land around the campus for miles and miles is horse country. College Station is home to the famed Catalena Cowgirls equine drill team, and its sister city Bryan, a horse chip’s throw to the north, is home to the national champion precision horse team, Texas Women Astride. And that is not to mention the rodeo cowboys, hunter/jumpers, reining horse riders, and dressage equestrians who make this land their home.

Texas A&M is a magnet for students from other nearby colleges and universities where undergraduates cross pollinate with frequent visits to the campus.

One such college kid, Kenneth Ryan Peterson (pictured above), 21, of nearby Blinn College came to visit friends in Aggieland. On September 4, he will go on trial for the brutal murder of a young girl. However it won’t be treated as a homicide under Texas law. Peterson will face judge and jury who will determine whether he violated the state’s weak animal cruelty law.

You see, Peterson is alleged to have killed a horse.

Cowboy Chic was a 14-month old filly (a female equine under four-years-old) owned by 40-year-old Darla McCrady. The Palomino was her owner’s dream, a dream she shared with thousands of older women. The majority of horse owners in the United States today are middle-aged women. They ride. They groom. They show. McCrady had just entered the horse in her first show. Chic came home with a blue ribbon.

The palomino filly was pastured near the A&M campus close to an apartment complex largely filled with students. The complex, like many near the campus, was known for lively parties with plenty of drinking.

On October 13, 2006, Peterson and his buddy Walter Raymond Williams Jr., a Texas A&M student, were partying with friends at the nearby apartment complex when Peterson told the group that he wanted to go on an “adventure” and kill a horse.

Nobody believed him, yet they egged the 6’2” student on.

Later his friends told police Peterson wanted to kill the filly because she had chased him across a pasture. The cops learned that they left the apartment and all went in search for the horse, armed with a knife, a polo mallet and a golf club with the head cut off. The students then climbed two fences to get into the pasture when Peterson and Williams chased the filly and another horse into a corral. The others dropped back as Peterson proceeded to execute his adventure by attempting to kill Chic.

Williams later told the cops that his pal hit the horse in the head with the mallet and then jumped on top of her slashing her throat. He said that Peterson then fled back to the apartment.

Chic was bleeding profusely as Williams and another student stood looking at the gravely wounded animal. The A&M student told police that he performed a mercy killing to hasten Peterson’s victim’s death. He stabbed the filly twice in the chest with the golf club shaft killing her.

Darla McCrady came to her pasture to feed the next morning and instantly knew something was amiss. Her young palomino filly didn’t come to greet her as usual. Her plans for the future were crushed when she found her horse lying dead in a pool of blood.

Meanwhile, police had been called by the manager of the Reveille Ranch apartments after maintenance workers changing air conditioning filters saw and reported a large amount of blood in one of the apartments.

Both Peterson and Williams were quickly arrested. Williams soon implicated his pal from Blinn College relating the entire bloody story.

The two were charged with one count each of animal cruelty and a count each of criminal mischief. Williams was also charged with lying to a cop.

Prosecutors view the case as strong, and a plea bargain by Williams is likely. In order to secure a conviction, Assistant District Attorney Shane Phelps will have to prove that the horse was tortured, a notoriously difficult allegation to prove. However, the prosecutor is confident of securing a conviction and views his greatest challenge in the punishment phase of the trial.

Why is Texas’ law so weak that such a dreadful crime is only punishable as a state jail felony in which the maximum sentence Peterson can receive is two years locked up, and a fine of $10,000 per charge?

You see, in Texas, horses are considered livestock, and as such just about anything can be done to them as long as it isn’t willful torture. As a food animal, or beast of burden, a horse isn’t protected by laws that shield companion animals.

In fact, penalties for harming a pet gerbil or even a goldfish are more stringent in Texas than animal cruelty laws that relate to horses.

Texas farmers and ranchers, aided by the libertarian wing of the Texas GOP fiercely protect this coveted exemption. In this year’s session of the state legislature, the law was strengthened, but too late for Chic. And despite a determined effort by activists attempting to remove horses from the livestock exemption, their efforts fell on deaf ears. Lawmakers feared angering agricultural interests in the nation’s largest state.

So Kenneth Ray Peterson is accused of killing a horse, nothing more.

Since the killing of Chic, Texas Horse Talk Magazine, which I edit, reported strangely similar horse murders in Fort Worth and the small town of Willis near Houston. The killers in those cases have not been apprehended.

And despite the fact that one of the horses had its eye gouged out and was left to die -- well, after all, it was only a horse.

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read more “Death in the Brazos Bottom”

In Cold Blog is a true crime blog founded by best selling author Corey Mitchell, and is written by award winning journalists, authors, criminal justice professionals and others.

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