HOUSTON — A Harris County judge has rejected motions by attorneys for former Houston cop Gerald Goines to throw out two of his indictments.
Defense attorneys claimed they are "defective" because they don't clearly spell out why Goines was charged.
Judge Frank Aguilar listened to arguments for two other motions but wrapped up without ruling on them.
Goines faces murder charges along with multiple other local and federal charges in connection with an overtime theft scheme by HPD officers.
It was brought to light after the Harding Street Raid in 2019 that lead to the shooting deaths of Dennis Tuttle and Rhogena Nicholas. They were shot and killed during the botched raid based on trumped-up charges. Goines and four other officers were also shot but they survived.
A massive investigation discovered that dozens of defendants were sent to prison on drug charges based on what prosecutors called "lies" by "dirty cops."
Goines and five other officers were charged with 15 felonies. He also faces federal organized crime charges.
Goines' attorneys are also trying to get his trial moved out of Harris County.
Jed Silverman, head of the Harris County Criminal Lawyers Association, testified that all of the publicity in the case could make a fair trial difficult.
But prosecutor Tanisha Manning argued that the sheer size of Harris County would make it easier to find a fair and impartial jury pool.
Goines’ lawyers also alleged prosecutorial misconduct. They accused DA Kim Ogg of pushing Goines’ case to the media to help her re-election campaign in 2020.
Former DA’s Office Communication Director Dane Schiller denied that during his virtual testimony from London today.
He also disputed the defense’s belief that comments he wrote under the username “Dude Goggles” on Houston Chronicle web articles about Goines were deceptive or opinionated.
“Two innocent people murdered in their own home by corrupt cops who illegally kicked in the door and opened fired. That is an execution,” one comment said.
“There’s been no utter determination…that there’s a murder in this case.” Defense lawyer Mac Secrest told Schiller.
“They most definitely didn’t die by suicide," Schiller responded. “I stand by every single word written with Dude Goggles.”
The next hearing is scheduled for Feb. 3.
Harding Street fallout
The district attorney's office had to reopen hundreds of cases tied to Goines and many of the charges were dropped.
The most recent case involved Frederick Jeffery who was sentenced to 25 years after his 2018 conviction on drug charges. Jeffery was freed on bond last July.
"It feels good because I knew from the get-go I was innocent," said Jeffery seconds after he walked out of jail. "I just had to prove it. God did everything for me. I ain't did nothing but stay down. I thank God for keeping my mama by my side the whole time. I just want to say I thank God and I'm ready.
Harris County DA Kim Ogg said then that Jeffery's conviction should be reversed "due to perjury and false evidence" presented by Goines.
Last November, a judge declared him "actually innocent" and apologized for the five-plus years Jeffery spent behind bars.