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Old 09-19-2014, 11:46 AM   #21
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Not much. I guess being for a long time an HPD officer (20+) years will be bad for him to land in jail. Better exit trough the false door.



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Old 09-19-2014, 11:48 AM   #22
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Old 09-19-2014, 12:00 PM   #23
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"Zamora said if cases have been disposed of more than ten days ago, they are not afforded a new trial under Texas Government Code"

I think this means tickets handled past 10 days ago are done with. No going back. We cant appeal. We are stuck with it. We are s.o.l.
What Is the statute of legislation on perjury? If these officers showed as witnesses they committed perjury. There is your end around the 10 day cut off possibly.
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Old 09-19-2014, 12:04 PM   #24
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It's 10 days from the time you disposed of it in court, or you pleaded guilty and and paid by mail. If you were in court you, already had the opportunity to dispute it. What if the court found in your favor? You wouldn't like the prosecutor to come after you again because he didn't agree with the judge or jury. It works both ways.
Once you are acquitted by a court or jury, that is the end of discussion. Double jeopardy prevents the State from trying again or appealing the acquittal.

The 10 day thing is what is called the Court's plenary power. After a judgment is signed, there is a window where the Court can come back and modify its judgment with no questions asked. Once a judgment is signed, things start to take effect, so it is not practical to have an unlimited window where the judgment might change. For example in a divorce, you wouldn't want a final judgment in a divorce to be changed a year later when the parties have taken certain steps in reliance of that divorce.

The time is different for different courts. At the traffic level, it is 10 days. But that's just the for the traffic court's plenary power. You can always appeal to a higher court through what is called an 11.09 Writ of Habeas Corpus and the time for that is nearly unlimited.

If somebody on here thinks they are affected by this chain of events but they handled the ticket outside of the 10 day window, let me know and I will file a Habeas writ for them. It is probably almost never done for a traffic case but this is an exceptional circumstance and it'll be fun to see the system have to deal with it.
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Old 09-19-2014, 12:24 PM   #25
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Yes we know he was a traffic cop, still dont get your point.
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Old 09-19-2014, 12:28 PM   #26
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Yes we know he was a traffic cop, still dont get your point.
A lot of cops feel that traffic is a plum job. Obviously that was going to be taken away from him, including his "overtime" which was no doubt sorely needed
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Old 09-19-2014, 12:41 PM   #27
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The cops should be prosecuted for tampering with a government document and perjury.
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Old 09-19-2014, 12:46 PM   #28
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A lot of cops feel that traffic is a plum job. Obviously that was going to be taken away from him, including his "overtime" which was no doubt sorely needed
Sorely needed? Report said he made 158k in overtime in 3 years. Thats over 50k a year average plus his salary, which means he was probably making around 100k a yr. sounds like he was doin pretty good for himself
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Old 09-19-2014, 12:50 PM   #29
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Originally Posted by WbDDoT View Post
Sorely needed? Report said he made 158k in overtime in 3 years. Thats over 50k a year average plus his salary, which means he was probably making around 100k a yr. sounds like he was doin pretty good for himself
That was about to be my comment, that I recalled the overtime pay in his case being well in excess of $100k.

That doesn't seem like a small thing to have to deal with. Not saying it justifies suicide, but I can see where it would have seemed like an easy out at the time.

http://www.click2houston.com/news/in...idens/27671762
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"I can't assume there's an irregularity. I can't assume the officers falsified a government document. I can't assume anything until I have proof or evidence," said Houston Police Chief Charles McClelland.

If a traffic enforcement officer writes a ticket and puts the name of a second officer who is witnessing that ticket, Local 2 has learned the second officer's name will stay in the device and show up as a witness on future tickets, unless the first officer deletes it.

"I don't know what the electronic device is capable of. I don't know whether the AVL was functioning properly that day," McClelland said.
One of the officers committing suicide certainly doesn't seem to point to his innocence though.
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Old 09-19-2014, 12:55 PM   #30
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Sorely needed? Report said he made 158k in overtime in 3 years. Thats over 50k a year average plus his salary, which means he was probably making around 100k a yr. sounds like he was doin pretty good for himself
That doesn't mean he wasn't spending much more than he was making or that losing his job wouldn't devastate him financially and professionally
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Old 09-19-2014, 12:57 PM   #31
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Sorely needed? Report said he made 158k in overtime in 3 years. Thats over 50k a year average plus his salary, which means he was probably making around 100k a yr. sounds like he was doin pretty good for himself
a 20 year officer is making more than 50k base. Putting it well over the 100k mark
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Old 09-19-2014, 01:01 PM   #32
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Sorely needed? Report said he made 158k in overtime in 3 years. Thats over 50k a year average plus his salary, which means he was probably making around 100k a yr. sounds like he was doin pretty good for himself
That much supplementary income (overtime) is definitely sorely needed if he's counting on it to make that much of a difference in his annual salary.



And these cops weren't writing bad tickets (in essence) the offenders were almost assuredly guilty of the things alleged in the tickets, the cops were just fleecing the system to get extra overtime. Not that I'm saying that's right.
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Old 09-19-2014, 01:48 PM   #33
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That much supplementary income (overtime) is definitely sorely needed if he's counting on it to make that much of a difference in his annual salary.



And these cops weren't writing bad tickets (in essence) the offenders were almost assuredly guilty of the things alleged in the tickets, the cops were just fleecing the system to get extra overtime. Not that I'm saying that's right.
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Old 09-19-2014, 01:48 PM   #34
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a 20 year officer is making more than 50k base. Putting it well over the 100k mark
ya i was just guessing. Not sure what they make but I figured it was at least 50k
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Old 09-19-2014, 01:57 PM   #35
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http://www.chron.com/news/houston-te...to-3877815.php

This isnt the first time this has happened. Last time, a couple years ago, the harshest punishment was a 45 day suspension without pay.
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Old 09-19-2014, 02:00 PM   #36
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The 10 days refers to any tickets that were already handled in court prior to this judgement. It doesn't mean you have 10 days to take care of it now.
Yep. I got that.




Im going to go back and see who issued my ticket. Would like my $300 back if possible, lol.
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Old 09-19-2014, 03:17 PM   #37
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HOUSTON (KTRK) --
There has been a major development in a traffic ticket investigation involving four Houston Police Department officers and potentially thousands of tickets. Those tickets are being dismissed.
HPD Chief Charles McClelland says all tickets written by officers John Garcia, Robert Manzanales and Gregory Rosa could be called into question. The fourth officer, Rudolph Farias, committed suicide at HPD's Central Patrol station last month. They are accused of listing each other as witnesses on traffic tickets even though their patrol car's GPS showed they weren't present. Nearly 4,000 tickets could be affected.

HPD Chief Charles McClelland says all tickets written by officers John Garcia, Robert Manzanales and Gregory Rosa could be called into question. The fourth officer, Rudolph Farias, committed suicide at HPD's Central Patrol station last month. They are accused of listing each other as witnesses on traffic tickets even though their patrol car's GPS showed they weren't present. Nearly 4,000 tickets could be affected.

http://www.khou.com/story/news/crime/2014/08/21/motorist-caught-in-alleged-hpd-ticket-rigging-scheme/14375177/

the I-Team has now uncovered through a paper trail of records--dozens of cases where HPD officers listed witnessing officers on tickets--who were never there.
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Old 09-19-2014, 08:15 PM   #38
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Ok we knew that, whats the major development
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Old 09-19-2014, 08:15 PM   #39
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More officers than the original four?
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Old 09-19-2014, 08:27 PM   #40
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