Harris County District Attorney Kim Ogg’s testimony — which ranged from sparring with...
Judge Amy Martin, who lost her Democratic primary bid, is not expected to decide on the motion in Guajardo’s case until mid-November. Voters by then will have likely decided on her replacement.
Several court subpoenas summoned Ogg and other members of her office to court to answer questions about Guajardo’s case during the motion to change venue — a feat that defense attorneys rarely attempt and judges rarely approve in Harris County because of the large population to pick a jury pool from.
“This case was used as an example of misdemeanor bail reform not being implemented in a way that the original O’Donnell agreement was supposed to be structured,” Ogg said,as an attempt to sway a federal judge’s decision over the reforms. The decision ultimately led to misdemeanor bail practices being deemed unconstitutional.
Defense attorney Justin Keiter said Ogg’s brief leaves a false impression that Guajardo received a general order bond on one of the misdemeanor offenses even as the capital murder charge stacked on. In reality, Guajardo would have been unable to leave the Harris County Jail since the capital offense prompted him to be held without bail for more than a month. The general order bond in question was revoked by Judge Shannon Baldwin in the Criminal Court of Law No.
The emails, Keiter argued, appeared to show Ogg’s office working with Crime Stoppers amid the legal fight over misdemeanor bail reform. Ogg denied such a partnership and described the increasingly controversial nonprofit as “primarily a crime tips hotline.” The group has come under heat from judges and criminal justice reform advocates for taking a partisan approach to discussing crime in Houston.
“I am frustrated that nobody is disgusted by the idea that we’re listing defendants here who have done nothing but be arrested,” Martin said.
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