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Taxpayers could pay $165,000 to clear records in K-Mart raid
ABC affiliate, Houston ^ | 12/31/2002 | The Associated Press

Posted on 12/31/2002 2:57:48 PM PST by EBUCK

Taxpayers could pay $165,000 to clear records in K-Mart raid

Hundreds of people were arrested in August for trespassing on private property. By The Associated Press (12/31/02- Houston) — City council members are considering hiring a law firm to help clear the records of hundreds of people arrested at Kmart and other businesses over the summer, a move that could stick taxpayers with a bill of as much as $165,000. The council was scheduled Tuesday to consider whether to hire Winstead, Sechrest & Minick to help expunge the arrests from the records of nearly 300 people arrested during an ill-fated August sting on drag racing.

Though charges have been dropped, the arrests remain on their police records.

Amateur Houston songwriters riding wave of Yao Ming song Storms caused some damage in Montgomery County Taxpayers could pay $165,000 to clear records in K-Mart raid Houston police seek man who disarmed an officer during struggle Former HISD teacher charged with sexual assault Was driver to blame for Saturday's massive tollway pileup? Police warn against ringing in New Year with gunfire Eight Houston-area residents survive Belize plane crash More recent stories The city is considering using private attorneys because the city's legal department is already representing Houston in several lawsuits stemming from the arrests.

"We are trying to rectify a wrong," said Robert Cambrice, a senior assistant city attorney. "We are trying to help out people who are trying to get into school or apply for jobs and are denied that opportunity because they have an arrest record."

Cambrice said that if the contract is approved those arrested will be notified of the service by mail. Records would be expunged at a cost to the city of $484 each.

But Randall Kallinen, an attorney representing some of those arrested, said he would advise his clients not to accept the offer because they need proof of their arrests to pursue wrongful arrest lawsuits against the city.

"This is nothing but damage control which they (city officials) are going to try and use in later court cases," Kallinen said. "(Arrest records) are evidence of their own wrongdoing. They are trying to reduce future claims."

The city faces several lawsuits filed on behalf of some 60 people arrested in the raids. The lawsuits accuse the city and two police officers of false arrest, false imprisonment and civil-rights violations. Two lawsuits seek unspecified damages while others seek millions of dollars in damages.

Capt. Mark Aguirre directed the sweeps of parking lots that led to the arrests outside a Kmart, a Sonic Drive-In, and a James Coney Island on the weekend of Aug. 17.

Aguirre planned the raid to crack down on drag racers. But when police found no evidence of drag racing, they swept through the parking lots and arrested those gathered there anyway.

Many of those arrested were customers of the businesses, but were charged with trespassing and curfew violations.

The arrests fueled a public uproar, with council members and Police Chief C.O. Bradford criticizing the arrests as heavy-handed.

The Police Department launched its largest-ever internal affairs investigation, and a Harris County grand jury on Dec. 6 indicted Aguirre and Sgt. Ken Wenzel on Dec. 6 on five counts each of official oppression.

(Copyright 2002 by The Associated Press. All Rights Reserved)


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Government; US: Texas
KEYWORDS: falsearrest; taxrape
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The Police Department launched its largest-ever internal affairs investigation, and a Harris County grand jury on Dec. 6 indicted Aguirre and Sgt. Ken Wenzel on Dec. 6 on five counts each of official oppression.

Whoa, held accountable for ones actions...amazing.

1 posted on 12/31/2002 2:57:48 PM PST by EBUCK
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To: EBUCK
"This is nothing but damage control which they (city officials) are going to try and use in later court cases," Kallinen said. "(Arrest records) are evidence of their own wrongdoing. They are trying to reduce future claims."

Lawyers piss me off.

2 posted on 12/31/2002 3:00:31 PM PST by Glenn
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To: EBUCK
http://www.freerepublic.com/focus/news/738676/posts

http://www.freerepublic.com/focus/news/737954/posts

http://www.freerepublic.com/focus/news/739719/posts

http://www.freerepublic.com/focus/news/737026/posts

links to previous threads on the arrests...

EBUCK
3 posted on 12/31/2002 3:02:31 PM PST by EBUCK
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To: Glenn
Me too...
4 posted on 12/31/2002 3:02:51 PM PST by EBUCK
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To: Glenn
If the arrest record is expunged, no arrest ever took place. To show that the police acted illegally, those arrested illegally must be able to show that the arrest did take place. Otherwise, there are no charges that may be filed against the Houston Police Dept. At least, that's my understanding.
5 posted on 12/31/2002 3:07:33 PM PST by Hodar
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To: EBUCK
Taxpayers, my a$s..... let Lee P. Brown pay for it.
Unless of course he is too busy on another taxpayer-funded boondoggle trip to China, or South Africa, or Nigeria, or ....

I'll say it again: The WORST MAYOR in HOUSTON HISTORY.

6 posted on 12/31/2002 3:08:46 PM PST by TheGrimReaper
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To: TheGrimReaper
Nope, it's your civic responsibility, nay your god given duty!! [/sarcasm]

At least the men responsible are paying a bit this time.

EBUCK
7 posted on 12/31/2002 3:10:43 PM PST by EBUCK
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Comment #8 Removed by Moderator

To: EBUCK
And little cappie Mark Aguirre needs to pay for it - and damages - after he gets out of the penitentiary.

He should be ashamed of what he did; though I doubt he has the capacity for shame.

9 posted on 12/31/2002 3:14:29 PM PST by neutrino
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To: EBUCK
Amateur Houston songwriters riding wave of Yao Ming song Storms caused some damage in Montgomery County Taxpayers could pay $165,000 to clear records in K-Mart raid Houston police seek man who disarmed an officer during struggle Former HISD teacher charged with sexual assault Was driver to blame for Saturday's massive tollway pileup? Police warn against ringing in New Year with gunfire Eight Houston-area residents survive Belize plane crash More recent stories The city is considering using private attorneys because the city's legal department is already representing Houston in several lawsuits stemming from the arrests.

What the heck??

---

Flyer

Houston Area Texans

10 posted on 12/31/2002 3:14:33 PM PST by Flyer
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To: Flyer
Oops, didn't prrof my copy and paste....ignore that bit...

EBUCK
11 posted on 12/31/2002 3:16:15 PM PST by EBUCK
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To: EBUCK
....ignore that bit...

I easily could, but I'm just here to try to grab the local folks and get them to pay attention to their local FReeper Chapter. Thanks for the update on this.

Houston Area Texans

Houston Area Texans

Houston Area Texans

Houston Area Texans

Houston Area Texans

12 posted on 12/31/2002 3:19:54 PM PST by Flyer
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To: Flyer
Huh, I thought you were a football fan...is that why the "area" is in the title, for diferentiation?

EBUCK
13 posted on 12/31/2002 3:22:13 PM PST by EBUCK
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To: EBUCK
I thought you were a football fan

I argued for a name change but none of them went over well. The "Area" also leads to our HAT moniker.

Houston Area Texans

14 posted on 12/31/2002 3:28:58 PM PST by Flyer
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To: Flyer
I might want to distance my group from that other Houston group as well....LOL.

Happy new Year!

EBUCK
15 posted on 12/31/2002 3:33:20 PM PST by EBUCK
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To: EBUCK
How come they don't take it out of Lee Brown's hide? Amazing.
16 posted on 12/31/2002 3:39:04 PM PST by goldstategop
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To: goldstategop
Don't know??? That's the way it should be.

EBUCK
17 posted on 12/31/2002 3:40:59 PM PST by EBUCK
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To: Glenn
I have the same feelings about lawyers as you but in this case those who were arrested in the K-Mart raid should all get legal help and sue each and every officer involved in the arrest. The senior officers knew that they were acting illegally and the regular officers should have known that they can't arrest people unless they have reason to suspect them of committing a crime. "Just following orders" is not an acceptable excuse.

Our District Attorney, as his predecessor, has a habit of fumbling the ball on law officer prosecutions. If they go to trial the prosecutors often put on witnesses who damage their own case so the officer gets off. Happens all too often.

18 posted on 12/31/2002 3:52:48 PM PST by FreePaul
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To: Hodar
To show that the police acted illegally, those arrested illegally must be able to show that the arrest did take place. Otherwise, there are no charges that may be filed against the Houston Police Dept.

If this lawyer can't make the civil case while at the same time allowing his clients to become non-criminals, I wouldn't want him to represent me. He's a moron and looking out for his interests rather than his clients.

19 posted on 12/31/2002 4:01:45 PM PST by Glenn
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To: Flyer
What? Yao Ming was arrested in the raid? :)
20 posted on 12/31/2002 4:03:50 PM PST by July 4th
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