Client Falsely Accused of Child Sexual Abuse Wins Second Acquittal Against Determined Public Integrity Unit Prosecutor
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair
In early 2008 the Harris County District Attorney’s Office launched an investigation into alleged sexual abuse of inmates housed at a county detention facility. It is unclear exactly what prompted the inquiry, but a reasonable assumption can be made that the decision was influenced by the massive media and legislative attention given to evidence uncovered in 2007 by the Texas Rangers about widespread sexual abuse of inmates by staff in the state’s juvenile detention facilities.
Whatever the reason, a former Harris County detention facility officer was indicted between April and July of last year on multiple counts of sexual abuse of three female inmates during the time they were housed at the detention center in 2000. The former corrections officer, who had since become a deputy constable, retained the John T. Floyd Law Firm to represent him on the charges.
Two of the inmates were between 10 and 11 years of age and one was 13 or 14 years of age at the time of the alleged abuse [one instance of alleged sexual intercourse and numerous instances of inappropriate touching]. The teenage victim had already given birth to one of her six illegitimate children and was pregnant with the second at the time of the alleged abuse. All three victims had long histories of lying (even by their own admissions), drug use, stealing, and serious psychological disorders. The sexual abuse allegations by one of the former inmates against our client were thoroughly investigated in 2000 by detention center staff, the Houston Police Department and the District Attorney’s Office. The three law enforcement agencies determined the allegations were not credible, and, in fact, the alleged victim ultimately recanted the allegation, admitting that she had lied against our client in this particular instance and other instances just to “get him in trouble.”
Nonetheless, the District Attorney’s Office in 2008 determined that this thoroughly investigated and recanted sexual abuse allegation, as well as the other similar allegations of sexual abuse leveled against our client in 2000, warranted criminal prosecution. Our client bravely stood trial in September 2008 on the most serious sexual abuse allegation [aggravated sexual assault of a child]. The victim, who is now an adult with a substantial criminal history, testified about the alleged sexual assault. The assistant district attorney prosecuting the case made a serious tactical blunder: she relied almost exclusively on the victim’s testimony which, in Texas, is sufficient alone to sustain a criminal conviction in sexual assault cases involving minors. (more…)
