Houston Public Media: In Latest Development About Bail System Lawsuit, Misdemeanor Judges Withdraw Appeal

Harris County Attorney Vince Ryan said in a statement he supports the newly-elected judges in their effort to resolve the case “on terms they find acceptable.”

Ryan added his office is “confident” the parties “will be able to reach a settlement that maximizes the number of misdemeanor detainees who are eligible for prompt release from jail without secured bail and that also provides due regard for the rights of victims and protection of the community while preserving the independence of the judiciary.”

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County Attorney Ryan Encourages Awareness Of Revised Sexually Oriented Business Regulations

A revised Harris County ordinance regulating Sexually Oriented Businesses (SOB’s) went into effect January 1, 2019, and will apply to areas of unincorporated Harris County.

The regulations include additional sections on prohibited conduct by employees, contractors and customers of SOB’s. Among the revisions is a specific prohibition against using “an anthropomorphic device or object”—a so-called sex robot—for sexual activities in a business. The ordinance has also been rearranged into sections based on SOB type to make reading and enforcement easier.

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Harris County sues after exploding Glock injures deputy

From the SE Texas Record:

HOUSTON – Last March, a Harris County deputy was allegedly seriously injured when his handgun exploded.

On Dec. 31, the county filed suit against the makers of the gun, Glock Inc., along with the makers and sellers of the ammunition, Olin Corp., in Harris County District Court, seeking up to $50,000 in damages.

According to the lawsuit, Deputy Herman Sanders was on duty on March 1, 2017 and injured as he pulled the trigger of a Glock 21, 45 caliber handgun “that exploded in his hand and face.”

Sanders was training at the firing range when the incident occurred.

“The bullets were ejected out of the barrel of the gun,” the suit states. “The round never left the pistol and blew back into Deputy Herman Sander’s face and hand.”

The county alleges the defendant companies negligently placed defective products into the stream of commerce.

The county is suing to recover worker compensation benefits paid to Sanders.

Harris County Attorney Yvette Jircik represents the county.

County Attorney Vince Ryan Wins Order to Cleanup Unlicensed Salvage Yard

Harris County Attorney Vince Ryan has obtained a court order to require the cleanup of an unlicensed automotive salvage yard that has been damaging the environment by allowing automotive fluids to contaminate the ground and water near the business.

District Court Judge Caroline Baker ordered Aloysius Ikwuezunma on October 26 to cease operating an automotive wrecking and salvage yard at 5607 Charrin Drive in north Harris County until he obtains a license from Harris County.

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Harris County Moves to Ban “Robot Brothels”

From Houston Public Media:

Harris County commissioners are prepared to ban so-called robot brothels, just as Houston did last week.

Harris County already bans live sex acts at any place of business. Robert Soard, First Assistant County Attorney, said that, in his reading, that includes sex with “anthropomorphic devices.”

“Now, that being said, because of changing technology, it might be a good idea to amend the current sexually oriented business regulations,” Soard said.

The Office of the Harris County Attorney has been working with the Harris County Sheriff’s Office on the amendment.

Click here for the article.

Harris County Attorney Ryan’s effort To stop Sale of Fraudulent “Miracle Solution” Upheld by Appeals Court

Harris County Attorney Vince Ryan’s effort to stop the sale of a fraudulent medical treatment has been upheld.

The Fourteenth Court of Appeals in an opinion issued last week affirmed an injunction obtained by Harris County Attorney Ryan that halts the promotion and distribution of a fraudulent medical treatment known as the “Miracle Mineral Solution.”

After Ryan filed a lawsuit in 2017, District Judge Randy Wilson ordered Shane Hawkins D/B/A Genesis II Church of Health and Healing, Chapter #119 to stop promoting or selling the “Miracle Mineral Solution.” This alleged medical treatment was called a “health sacrament” of the church and was touted as a cure for 95 percent of human diseases. The solution, also marketed as MMS, is actually a sodium chlorite product used in disinfectants and as an industrial bleaching agent.

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Harris County Attorney Ryan Celebrates National Voter Registration Day

Harris County Attorney Vince Ryan celebrates National Voter Registration Day today by making training for lawyers available online.

Ryan recently hosted a Continuing Legal Education session about voting issues that could be raised by government officials or members of the public.  It included an overview of the Texas Election Code and Voter ID laws. That seminar is now being offered free online for any lawyers who wish to view it.  CLE credit will be given.

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Alleged plot to eliminate Third Ward voters with ‘registration challenges’ isn’t what it seems

According to Harris County Attorney Vince Ryan, Chairman of the Harris County Republican Party's Ballot Security Committee Alan Vera, matched addresses against a data base to find things like a post office box, for example.  And that's not a good enough reason to submit a challenge.

“Many people have for instance post office boxes because they get a lot of mail or they have some personal reason for not wanting their personal address out there for the public,” Ryan said.

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KUHF-FM: Federal Court Allows Harris County Judges to Keep Setting Bails

The 5th Circuit Court of Appeals grants a stay of the order from Judge Lee Rosenthal

AL ORTIZ, KUHF-FM

AUGUST 15, 2018

The latest development in the lawsuit against Harris County’s bail system means judges and hearing officers will be able to keep setting the amount of bail for people arrested for misdemeanors.

An opinion filed Tuesday by the U.S. Court of Appeals for the Fifth Circuit granted a stay requested by 14 Harris County judges with the goal of continuing the setting of bails. The stay will be implemented while the litigation keeps moving through the courts.

The opinion also put a temporary hold on an order from Federal Judge Lee Rosenthal that said people arrested for misdemeanor should be automatically released from the county jail if they stated they didn’t have money to post bail.

The opinion means Harris County judges and hearing officers will make the decision on bail amounts within 48 hours of an arrest.

Praise and criticism

Harris County Attorney Vince Ryan praised the opinion and said in a statement that the it means the rejection of “a system that automatically releases offenders with no consideration of the rights of the victims or the protection of the community.”

Ryan added Harris County remains “committed to a settlement that maximizes the number of misdemeanor detainees who are eligible for prompt release from jail without secured bail.”

Harris County Precinct One Commissioner Rodney Ellis, who advocates for reforming the bail system, criticized the opinion and said it “fails to provide an adequate interim remedy for protecting the rights of poor defendants” while the litigation goes on.

Ellis added the time spent behind bars can cause “significant harm to defendants who may lose their jobs or be unable to care for their families simply because they cannot afford bail.”

https://www.houstonpublicmedia.org/articles/news/2018/08/15/300279/harris-county-judges-will-keep-setting-bails-as-litigation-over-bail-system-goes-on/

 

County Attorney Files Lawsuit Seeking to Stop Prostitution and Human Trafficking Along “Bissonnet Track”

Harris County Attorney Vince Ryan today filed a lawsuit to stop the prostitution and human trafficking that pervades an area on Houston’s west side known as the “Bissonnet Track.”

Ryan is asking the court for  temporary and permanent injunctions to create the “Bissonnet Anti-Prostitution Zone” and forbid the 86 named defendants-- pimps, johns, and prostitutes-- listed in the lawsuit from entering the Zone or if in the area from engaging in any activities that lead to buying or selling sex or other crimes.  If the defendants violate the injunction, they would be in contempt of court and subject to a fine or jail time or both.  This type of anti-prostitution injunction is the first filed in Texas.

“For years, the residents and business owners in this area have been under siege due to the large number of people buying and selling sex and committing other crimes on and around the track,” said Ryan.  “Despite efforts by the County Attorney’s Office, law enforcement, prosecutors, judges and non-governmental organizations to try to stop the proliferation of prostitution and sex trafficking in this area, the crime has not decreased.  Today’s lawsuit is seeking a new tool in this long battle.”

The County Attorney lists 86 defendants in the lawsuit consisting of pimps, johns and prostitutes, —and says they are a public nuisance.  Each of these defendants has been arrested in the zone for a prostitution-related crime; many of them have multiple arrests.  Several of the defendants are currently charged with aggravated offenses consisting of sex trafficking and aggravated assault.

The lawsuit includes an “opt out” provision that would permit a defendant who has been a victim of sexual assault or human trafficking, to receive social services and opt out of the injunction.  The County Attorney’s Office will work with victim’s rights organizations to ensure each defendant receives needed assistance.

The lawsuit points out that more than any other area in Houston, the Bissonnet Track attracts buyers and sellers of sex from all over the country. The Bissonnet Track is listed on international websites as “Houston’s Red Light District.”  From January 2016 to July 2018, the Houston Police Department received reports of nearly four thousand crimes in the area, with one-fourth of them related to prostitution.  Law enforcement makes many arrests but unfortunately the crime continues. The County Attorney’s Office in the past has sued several motels, smoke shops, restaurants and spas to target prostitution and trafficking in this area.

The “Bissonnet Anti-Prostitution Zone” proposed by the County Attorney covers an area that is generally north and south of Bissonnet from Highway 59 to the Sam Houston Toll Road.  Included in this area are apartments, retail businesses, churches, banks and restaurants, as well as an elementary school. 

“We have to remember that prostitution is not a victimless crime,” said County Attorney Ryan.  “Many women engaged in prostitution have been coerced.  Many are brought from other countries and even from small communities around the United States with promises of jobs.  We recognize the traumatic effects of sexual assault and human trafficking.  That is why we have included an opt-out provision.”

The lawsuit was filed in cooperation with the Houston Police Department and is part of the County Attorney’s Community Protection Program with the Southwest Management District.

Arkema, CEO indicted for 'reckless' chemical release during Hurricane Harvey

From the Houston Chronicle: 

A Harris County grand jury on Friday indicted the French chemical company Arkema and two executives for the "reckless" release of toxic chemicals during Hurricane Harvey last August, a move that alarmed industry leaders and surprised environmental advocates.

The company, CEO Richard Rowe and plant manager Leslie Comardelle put residents and first responders at risk when the Crosby plant caught fire as Harvey dumped record rainfall on the Houston area, according to the Harris County District Attorney's office.

Click here for more.

FEDERAL JUDGE DISMISSES FLOOD DISTRICT FROM ADDICKS BARKER FLOOD CASE

Federal judge Ewing Werlein, Jr. has dismissed civil rights claims filed against the Harris County Flood Control District by the surviving spouse of a man who drowned allegedly as the result of the release of water from the Addicks and Barker reservoir after Hurricane Harvey struck the Houston area in 2017.

Plaintiff sued the Harris County Flood Control District and the United States claiming that the Army Corps of Engineers and the District “deliberately began releasing water from both reservoir systems … out of fear that water would spill over and cause uncontrolled damage to downtown Houston.” 

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HARRIS COUNTY ATTORNEY VINCE RYAN'S OFFICE WINS ORDER TO SHUT DOWN SMOKE SHOP SELLING VAPE OIL LACED WITH DANGEROUS SYNTHETIC SUBSTANCES

Harris County Attorney Vince Ryan’s Office obtained a Temporary Restraining Order on Thursday, June 21, to close down the Time Zone Smoke Shop, 5853 W Gulf Bank Road, in north Houston for selling synthetic cannabinoids, illegal gambling, and selling alcohol without a permit. The Houston Police Department Narcotics Division found laced vaping oil, large amounts of synthetic marijuana, PCP, natural marijuana, synthetic urine, 18 gambling machines, large amounts of cash, alcoholic beverages, and numerous credit cards in different names inside the store.

Syed Abidi and his sister, Tabbasum ("Tabby") Bhimji, owners and operators of the smoke shop, were named in the lawsuit along with the landlord, White Lotus Investments LLC.

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Harris County Attorney Ryan Celebrates First Year of Senior Justice Assessment Center

In honor of World Elder Abuse Day on June 15, Harris County Attorney Vince Ryan is lauding the accomplishments and contributions of the Harris County Senior Justice Assessment Center (SJAC).

In its first year, the SJAC has compiled a successful record of serving senior victims of abuse, neglect and exploitation. The County Attorney’s Office works collaboratively with several agencies and experts at the SJAC to help Harris County victims over the age of 65. The facility is the first of its kind in Texas.

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KPRC reports on bail bond case

New numbers: Accused criminals out on bond refusing to show up for court

 

By Phil Archer – Reporter, KPRC-TV

June 05, 2018

 

Federal Judge Lee Rosenthal found out more than a year ago that the county kept too many poor defendants behind bars simply because they couldn't afford to post bond.

Rosenthal ordered that misdemeanor defendants have to be released within 24 hours of arrest, regardless of their ability to pay, which means thousands have been released on unsecured bonds.

Critics of the order contend that's caused chaos in the courts, with defendants often failing to show up for the court.

“The data unequivocally shows that the preliminary injunction has resulted in skyrocketing, unsustainable and troubling failure-to-appear rates in Harris County," said Assistant Harris County Attorney Melissa Spinks, who is contesting the order.

And the county-compiled statistics over the last year have shown a steadily increasing bond-forfeiture rate.

The most recent data, released in May, show that between June 2017 and April 2018 defendants released on unsecured bonds either forfeited them or had them revoked. That is a rate of just under 48 percent.

But plaintiffs' attorney Neal Manne, who sued the county to change the system, said those statistics have been massaged to inflate the no-shows.

"The statistics that are being touted by the county are completely fraudulent. They’re using data they’ve made up, it’s not accurate, the problem they claim exists does not exist, and Judge Rosenthal is going to get evidence on that from us," Manne said.

The attorneys contend the statistics have been systematically skewed by misdemeanor judges who make showing up for court more difficult for defendants by setting hearings a day after their release.

Both sides will meet with Rosenthal on June 14 to discuss the current order suggested by the fifth circuit. 

https://www.click2houston.com/news/new-numbers-accused-criminals-out-on-bond-refusing-to-show-up-for-court

County Attorney Ryan Obtains $2.1 Million Judgment Against Telephone Road Smoke Shop for Selling Kush

Harris County Attorney Vince Ryan, joined by the Texas Attorney General and the City of Houston, obtained a judgment for over $2.1 million in civil fines and penalties against the owners of Texas Tobacco smoke shop for selling synthetic marijuana.

Synthetic marijuana, known on the streets as “kush,” is a designer drug, typically manufactured overseas, that is marketed as a “safe” and “legal” alternative to marijuana.   Synthetic marijuana is not marijuana at all but a dried leafy substance that is sprayed with powerful, added-in hallucinogenic chemicals (called synthetic cannabinoids) that are dangerous and highly addictive to the user.   Kush is often sold in colorful packets, with names such as Spongebob and Zilla, in order to appeal to children, and is the second most abused drug by high school students, after marijuana itself.  It is also illegal in Texas. 


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County Attorney Ryan Wins Court Order Against Spring Branch Smoke Shops Stop Sales of Illegal Vaping Oil

Harris County Attorney Vince Ryan has won court orders against two Spring Branch smoke shops to stop them from selling vaping oil laced with illegal chemicals.

The added-in chemicals, generally known as synthetic cannabinoids, are manmade, mind- altering chemicals that are either sprayed on plant material (Kush) or sold as a liquid to be vaped in e-cigarettes or other devices. They are dangerous and highly addictive to the user. They are also illegal in Texas. Also called “Spice” and “K2,” synthetic cannabinoids can cause rapid heart rate, vomiting, violent behavior, hallucinations and suicidal thoughts. Illicit drug manufacturers are adding synthetic cannabinoids to CBD (cannabidiol) oil, which is often used with a vaping device. Law enforcement agencies report increased use of “laced” CBD oil, particularly by teenagers and young adults. The tainted CBD oil is also sold by retail stores as “gummie” candy.

Ryan has filed more than a dozen lawsuits to stop retailers from selling Kush and in a number of cases put the retailers out of business. On Tuesday, Ryan filed lawsuits against Smokey Doke Smoke Shop, 5784 Bingle, and Dreamerz Smoke Shop, 2961 Bingle, for selling CBD oil tainted with synthetic cannabinoids. From February through April, undercover narcotics officers with the Houston Police Department purchased CBD oil products, which later tested positive for controlled substances. On May 1, HPD narcotics officers executed search warrants at the two stores and seized CBD oils, pills, edibles and synthetic urine (which is also illegal).

The County Attorney’s lawsuits claim that the stores are a nuisance and their owners violated the state’s Deceptive Trade Practices Act by selling products they claimed were safe and legal, when in fact they are unsafe and illegal.

Judge Larry Weiman of the 80th District Court of Harris County entered restraining orders, ordering that the stores immediately stop selling illegal CBD oil products.

“These drug manufacturers and the store owners who sell these products are causing severe harm to Harris County residents, particularly our young people,” County Attorney Ryan said. “Whether it’s Kush or CBD oil, the County Attorney’s Office will continue our efforts to stop these sales and protect our residents.”

Click here to view the Temporary Restraining Order against the Dreamerz Smoke Shop.

Click here to view the Plaintiff’s Petition against Dreamerz Smoke Shop.

Click here to view the Temporary Restraining Order against Smoke Doke Smoke Shop.

Click here to view the Plaintiff’s Petition against Smokey Doke Smoke Shop.

 

County Attorney Ryan obtains $2.16 million judgment against Happie Hippie Smoke Shop selling illegal synthetic drugs

Harris County Attorney Vince Ryan, and Attorney General Ken Paxton have obtained a $2.16 million judgment against Happie Hippie Smoke Shop for selling dangerous, illegal synthetic drugs.

Judge Michael Landrum of the 113th Civil District Court signed a default judgment on April 14th awarding the State $2.16 million in penalties and $17,224 in attorneys’ fees finding 108 violations of the Texas Deceptive Trade Practices Act.  The court ordered the operators to halt all activities related to the production, transfer, possession, or sale of controlled substances, including synthetic cannabinoids. 


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Judge denies effort to stop VW diesel lawsuit filed by Harris County Attorney Vince Ryan

Harris County Attorney Vince Ryan has won a major victory in the County’s lawsuit against Volkswagen, preventing federal law from stopping state and county claims.

Harris County and the State of Texas can proceed with their case against Volkswagen for violating air emissions because a judge has determined that the company’s recall of autos to change emission control devices is not preempted by federal law.

Volkswagen claimed the state and county could not continue the case involving tampering with emission control devices on its diesel-fueled cars, because federal – and not state -- law prevailed. However, state District Judge Tim Sulak of the 353rd District Court in Austin signed an order Wednesday finding that because the recalled vehicles were already on Texas roads, the state is not pre-empted by the federal government in enforcing environmental laws.

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KHOU: Hundreds of suspected illegal massage businesses found near Harris County schools

Houston - Around 16,000 kids in Harris County go to school within 1,000 feet of a suspected illegal massage business.

That’s according to Children At Risk, a nonprofit organization whose mission is to protect the most vulnerable in this community.

The nonprofit released its findings on how close some local schools are to these type of businesses.

For instance, Edgar Allan Poe Elementary in Houston is identified as one of several schools to be within 1,000 feet of a suspected illegal massage business

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