HOUSTON - A federal court has ruled that the City of Houston cannot continue withholding evidence of the deadly Harding Street raid.
The family of Rhogena Nicholas who was killed along with her husband, Dennis Tuttle, and their dog in the no-knock drug raid on Jan. 28, 2019, has been trying to uncover evidence from the case.
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In mid-December, Harris County Probate Court No. 1 also denied the city’s attempt to withhold evidence of the incident.
The probate court set the hearing in the case for Dec. 18, 2020, but the city took it to federal court.
The Texas Supreme Court has twice rejected the city’s attempts to stop the probate court, which routinely handles wrongful death and probate cases, from proceeding with the Nicholas family’s petition to investigate the incident.
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The appeal rejected the City's attempt to block testimony and evidence from being taken from HPD's managers responsible for the raid.
The Nicholas family’s legal team said in a news release back in December 2020 that it intends to "introduce new findings from its ongoing investigation and present witness testimony from a family member, from expert witnesses, and from a representative of the Houston Police Department."
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According to the release, the Nicholas family is seeking a court order for sworn depositions of HPD managers responsible for the narcotics unit involved in the raid. The appellate court also noted that the city has refused to release 911 records related to the incident or disclose what physical materials were removed from the scene.
Last year, Harris County grand jury indicted six former Houston police officers on 15 felony charges for their involvement in the deadly raid. Their crimes were uncovered during an ongoing investigation of the Houston Police Department Narcotics Division.
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