After our law enforcement organizations, which represent more than 10,000 local peace officers throughout Harris County, recently stood together to declare our grave concerns about the reckless policy decisions Harris County District Attorney Pat Lykos has made in office, a Houston Chronicle editorial declared the paper was "surprised" to see such misgivings develop between police and prosecutors ("The DA is right: Some drug cases aren't worth prosecuting," Page B11, Dec. 4.)

As the Chronicle correctly noted, after all, we are "part of the same team." Police are supposed to arrest those suspected of breaking the laws set by state legislators; and, after assessing the evidence we provide, prosecutors argue to judges and juries alike why the charges being brought have merit.

But sadly, the selective - and, we would argue, reckless - new rules under which prosecutors are now instructed to operate make enforcing the law vastly more difficult. In fact, as we see it, the district attorney's lax new rules supersede the power of state legislators, disregard the law and existing precedent and take some critical tools out of our hands to keep criminals off the streets.

So what's changed, and why should anyone care?

Start with one of the issues raised by the Chronicle - namely, drug possession charges involving very small quantities. The Chronicle seized on the previous policy where "any amount of a drug in your possession - even a single stray molecule" was enough to bring charges. The editorial then cites a study that found dollar bills often carry detectable traces of cocaine. "The five in your wallet could be your ticket to prison," the article concludes.

This is nonsense, to put it mildly. The only time an officer would test a dollar bill is if he actually witnessed the person snorting drugs with it.

But what about a crack pipe? How many unsuspecting people innocently carry those around? State law mandates that trace cases of crack cocaine are felonies, not misdemeanors - and with good reason. For one thing, a person suspected of using crack can swallow the drugs before they are apprehended. But not the pipe. Testing the pipe for residue is often the only way to prove drug laws were broken.

Another point to consider: Apprehend a crack user, and the chances are pretty good that you have detained someone who is also a thief. Users steal from local businesses and burglarize cars and homes to buy crack. In years past, police and prosecutors could use the prospect of a felony conviction to get information from trace-case suspects, such as the identities of their dealers and information that could help shut down a neighborhood crack house.

But not anymore.

Acting on her own, in direct contradiction of state law, the district attorney has unilaterally decided that trace cases involving crack cocaine are a Class C misdemeanor. As a result, suspects who were previously motivated to divulge important information to avoid a lengthy jail sentence are now more likely to clam up and wait just a few hours before they are released back onto the streets of our community. The DA's refusal to prosecute these offenders is what facilitates their ability to continue to burglarize and steal from law-abiding citizens.

Here's another example of how the DA is weak. Under Lykos, if someone is suspected of breaking into three cars and then flees when the police arrive, the DA's office will frequently only charge the defendant with the felony of fleeing, and not the additional burglary charges. In the past, each burglary would also be stacked or added on top of the fleeing charges. Why? If the same suspect was apprehended again, a judge would see this individual as a career burglar, and not just someone who ran from the police a few times. What's more, if this same person is later charged again with burglary of a motor vehicle, the charge could then be enhanced based on the prior convictions on the same offense.

But not under this district attorney.

The distirct attorney's office also routinely dismisses prostitution and gambling cases without consulting the arresting officers because the prosecutors apparently do not feel these are serious offenses. Further, the DA has issued a directive that beggars at intersections who approach cars and knock on windows for money are constitutionally protected even though Texas appellate courts have only extended such protection to newspaper vendors.

The list of areas where the white flag of surrender has been raised goes on.

In years past, the Harris County District Attorney's Office sent a strong, crystal-clear message to criminals - namely, if you break our laws, you will be prosecuted. Today, that message is being undermined by a DA more obsessed with making the system work for her than for the taxpayers.

We elect our state legislators to make laws. We elect our district attorney to enforce laws. Because she fails to distinguish between the two different roles, right now we have a district attorney who is failing to do her job - and is compromising public safety.

With teammates like that, who needs opponents?

 

This article was submitted by Ray Hunt, president-elect of the Houston Police Officers' Union; Eric Batton, vice president of the Harris County Deputies' Organization; Aaron Crowell, president of the Baytown Municipal Police Association; Robert Lozano, president of Houston Metro Fraternal Order of Police; Tom Moore, president-elect of the Harris County Fraternal Order of Police; Lon Craft, director of legislative affairs for theTexas Municipal Police Association; Chris Wilkerson, president of the Pasadena Police Officers' Union; and Bill Elkin, executive director of the Houston Police Retired Officers' Association.