Former HPD officer in botched 2019 drug raid has motion to throw out indictments dismissed
HOUSTON - A judge has denied a motion to dismiss former Houston Police Department officer Gerald Goines' case based on prosecutorial misconduct.
The judge said on Wednesday he found there was not enough evidence to justify dismissing the case.
Goines is accused of murder in the botched drug raid on Harding Street in 2019.
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In court Wednesday, defense attorneys argued that the Harris County District Attorney’s Office deprived former HPD narcotics officer Gerald Goines of a fair and constitutional trial by initiating and perpetuating media coverage on this case. The defense claimed the local and national coverage was designed as a marketing campaign to reelect district attorney Kim Ogg.
The defense specifically pointed the finger at the former Communications Director, Dane Schiller, claiming his anonymous posting online made it impossible for Goines to get a fair trial.
Defense attorneys also claimed prosecutors weren’t forthcoming about what evidence they had or knew from HPD. Meanwhile, prosecutors vehemently denied those allegations.
The judge has not made a decision regarding changing the venue from Harris County.
The prosecution and defense teams will now meet to discuss the possibility of individually questioning each potential juror, which would be out of the norm. The move could take up to several weeks. A decision on change of venue may not happen until after the voir dire process, according to the defense.
The next hearing is scheduled to take place in three weeks.