Defending People

the tao of criminal-defense trial lawyering

DA’s Office (?)">The Rosenthal-Siegler DA’s Office (?)

I’ve referred here a time or two (okay, at every oppor­tu­nity) to the Chuck Rosenthal-Kelly Siegler DA’s Office. An anony­mous com­menter on Defend­ing Peo­ple (a pros­e­cu­tor whose iden­tity is known only to her and me) says that’s not fair — that Kelly doesn’t share respon­si­bil­ity for the mis­steps of the Chuck Rosen­thal admin­is­tra­tion. I told her that I was will­ing to be con­vinced, but that it sure appears that Kelly has been a mem­ber of Chuck’s inner cir­cle, and in a man­age­r­ial posi­tion in the office (includ­ing a stint in charge of “pro­fes­sional devel­op­ment” — train­ing younger pros­e­cu­tors), for seven years.

Every­one in that office in a man­age­r­ial posi­tion shares respon­si­bil­ity for the wrongs per­pe­trated by the office and by its pros­e­cu­tors unless proven oth­er­wise The pre­sump­tion of inno­cence has noth­ing to do with it: when the cap­tain runs the ship aground, the other offi­cers had bet­ter be able to explain where they were and what they did to pre­vent the alli­sion, if they want to keep their jobs.

It appears that in recent days Har­ris County pros­e­cu­tors have become a large part of my read­er­ship. This morn­ing in the cour­t­house no fewer than four pros­e­cu­tors com­mented on it (nice blog, or I read your blog, to which I can­not but reply, “well, thank you!”).

On her cam­paign web­site (look! a judge!) Kelly doesn’t men­tion Chuck Rosen­thal once. I’m not sure that will be enough to dis­so­ci­ate her, in the vot­ers’ minds, from Chuck.

So, to my new pros­e­cu­to­r­ial fan base, here’s the ques­tion: is it fair for vot­ers to hold Kelly Siegler’s close pro­fes­sional rela­tion­ship with Chuck Rosen­thal, as well as her posi­tions of rank, respect, and power in the Office, against her when con­sid­er­ing her qual­i­fi­ca­tions as a can­di­date for Dis­trict Attor­ney? Or does the buck some­how bypass Kelly on its way to stop­ping at Chuck?

Why or why not?

Pros­e­cu­tors?

Kelly?

Any­one?

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

3 Responses to “The Rosenthal-Siegler DA’s Office (?)”

  1. Anonymous says:

    Okay, I’m going to try this one more time. The last two posts I’ve tried to leave dis­ap­peared into cyber­space (through no fault of Mark’s).

    Why does “the buck” bypass Kelly Siegler? Because it never reached her. The entire “Cana­dian” e-mail scan­dal never fell into her juris­dic­tion as a pros­e­cu­tor. She was never part of Mike Trent’s chain of com­mand, and she wasn’t on the Dis­ci­pli­nary Com­mit­tee. Every last pros­e­cu­tor on the office was aware of the Cana­dian e-mail (most likely due to the fact that it was sent to “All Pros­e­cu­tors”), includ­ing the African-American pros­e­cu­tors. The pros­e­cu­tors who raised their con­cerns about the e-mail spoke up then, and ulti­mately, the issue was resolved with­out 1) any­one quit­ting; or 2) any­one going to the media (keep in mind that this was in 2003). Kelly had absolutely NOTHING to do with any of this process.

    I don’t want to sound like a polit­i­cal ad, but Kelly has ALWAYS been a strong pro­po­nent of diver­si­fy­ing the Office and see­ing African-American and His­panic pros­e­cu­tors get pro­moted. The prob­lem is that we ALL start out as Mis­de­meanor Threes and have to work our way up. By the time a pros­e­cu­tor reaches the Felony Chief level, or even a Felony Two, they have become extremely mar­ketable in the legal community.

    This office has a his­tory of hav­ing pro­duced incred­i­bly tal­ented African-American trial lawyers such as Clive Mark­land, Michelle Beck, Alvin Nun­nery, and Troy Cot­ton. All of these pros­e­cu­tors also rose pretty quickly through the ranks of the Office. The prob­lem is that once they get to a Felony Two or Chief level, they are so mar­ketable that the Office can’t match the salaries that big firms can offer them or the money they will make in pri­vate prac­tice. Remem­ber, we’re all on gov­ern­ment salaries over here. Trust me, there are plenty of us that would kill to have attor­neys with Troy Cotton’s skills back at the Office.

    I guess the bottom-line is that I have an issue with your repeated claims that Kelly is part of Chuck’s inner-circle, when it is now becom­ing more and more appar­ent that Chuck keeps his own coun­sel. He may lis­ten to what mem­bers of his staff had to say, but ulti­mately, he was going to do what he was going to do. Under the law of par­ties, Kelly is merely present.

    Its late, and I’m tired, so I’m prob­a­bly not mak­ing my point as clearly as I should. The com­puter ate my orig­i­nal post, and it was awesome.

    My final point is that its a hell of a thing to throw out the accu­sa­tion that a per­son is a racist. It is the one alle­ga­tion that a civ­i­lized soci­ety can­not for­give, and the mere accu­sa­tion sticks to a per­son whether it was jus­ti­fied or not. I just hate see­ing it attrib­uted to Kelly when it is so absolutely not the case.

  2. escapedfromla says:

    Siegler doesn’t strike me as a leader. This has lit­tle to do with racism, and nearly every­thing to do with the tone of the office. As you noted, peo­ple in respon­si­ble posi­tions have an oblig­a­tion to raise their voices when some­thing is wrong in their orga­ni­za­tion. Some­one from whom we’ve heard lit­tle to noth­ing may have great qual­i­fi­ca­tions for an assis­tant, but is hardly the per­son to lead in a new direction.

    And on a related note (judg­ment), Siegler has admit­ted she is not a politi­cian, and it shows. I vis­ited her web site and found that some parts of it don’t work well at all. Not a good idea, if you’re want­ing to be taken seri­ously. But the more telling item was the choice of cam­paign trea­surer. Accord­ing to the site, her cam­paign trea­surer is her hus­band, Dr. Sam. You may remem­ber him as Rosenthal’s den­tist and the source of some of Rosenthal’s e-mail prob­lems. If she’s try­ing to dis­tance her­self from Rosen­thal and this is a prac­ti­cal demon­stra­tion of her polit­i­cal sen­si­bil­ity, she should sim­ply quit now. We don’t need another loose cannon.

  3. Anonymous says:

    Obviously,you do not know the “tal­ented african-american” da’s you refer to. If you did, you would know how they suf­fered in silence. As did many of the trully tal­ented da’s did under his regime. An effec­tive da would have cul­ti­vated this tal­ent, not put them under the “tute­lage” of tal­ent­less da’s like mccor­vey, kari allen,perry, therese buess etc. who did noth­ing but under­mine the tal­ent they desire. shame on chuck and shame on those who work under him for not quit­ting.
    how are they any dif­fer­ent than those who fought under hitler because they were “patri­otic” to germany.

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