Police Abuse

Judge Finds That the Houston Narcotics Officer Whose Lies Killed a Couple in 2019 Framed Another Suspect in 2008

Harris County District Attorney Kim Ogg says it's reasonable to presume that Gerald Goines also lied in other drug cases.

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When Houston narcotics officer Gerald Goines arrested Otis Mallet in 2008, he described a crack cocaine purchase in which Mallet retrieved the drug from a can inside a truck and handed it to his brother, Steven, whom Goines had paid $200. Thanks to Goines' testimony, Mallet was sentenced to eight years in prison. But today, the Houston Chronicle reports, Harris County prosecutors joined Mallet's lawyers in urging a judge to declare him "actually innocent" because Goines "repeatedly lied about nearly every aspect" of the case. The judge agreed.

The handling of Mallet's case seems to be in character for Goines, who wrote the fraudulent search warrant affidavit for the January 2019 drug raid that killed a middle-aged couple, Dennis Tuttle and Rhogena Nicholas, in their home on Harding Street. To justify the Harding Street raid, which resulted in state murder charges and federal civil rights charges against Goines, the officer invented a heroin purchase by a nonexistent confidential informant. His story about Mallet's involvement in the 2008 crack deal appears to have been equally fictitious.

"Now we know [Goines] was lying and using the district attorney's office as a tool to convict people wrongfully as early as 2008," said Harris County District Attorney Kim Ogg, whose office is reviewing some 14,000 cases involving Goines and other members of the Houston Police Department's Narcotics Division. "Anybody who was convicted as a result of Gerald Goines' testimony, or involvement in a case that is significant or relevant, will now be given a presumption when they file their writ that Goines' testimony or evidence in their case was false."

Mallet, who served two years in prison before he was released on parole, has always maintained that Goines framed him. "Goines gave conflicting testimony about why he didn't use marked bills," the Chronicle reports. "Mallet's neighbors disputed seeing him engage in a drug deal or carrying the blue can Goines said he'd handled." And while Goines claimed in an expense report that he paid $200 to a confidential informant who helped incriminate the Mallet brothers, he testified that he gave that money directly to Steven Mallet.

Goines declined to testify during Otis Mallet's hearing, citing the Fifth Amendment's protection against self-incrimination. Ogg said Goines' silence about Mallet's case is "compelling evidence that the entire alleged narcotics transaction was a fraud." Judge Ramona Franklin's recommendation that Mallet be declared innocent will be reviewed by the Texas Court of Criminal Appeals.

Ogg said the Mallet case "raises questions about how buy money was being issued by the Houston Police Department's narcotics division and used by narcotics officers like Gerald Goines, and how drug payouts were being supervised—and audited." Goines was employed by the department for 34 years before he retired in the wake of the raid that killed Tuttle and Nicholas. If he routinely lied to incriminate people that he arrested during that long career, the fault for such fraud and the resulting injustices cannot be his alone.

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  1. Life without parole for him, and a review of any criminal conviction he was ever attached to.

    1. Review? Only after everyone is immediately declared innocent and released from prison and any/all parole conditions. THEN they can take whatever time they need to review the case.

      1. Agreed.

    2. It’s Texas. String him up as an example and don’t force the taxpayers to pay for his room and board. Then start kicking in the door of everyone else on the Narcotics team.

    3. He MURDERED two innocents based on his LIES.
      The biblical punishment for killing an innocent is the same “sentence” carried out upon the dead ones: DEATH. And in Goines’ case, the method best suited to him would be the firing squad. Preferably with no hood. Let him SEE his fate, well deserved, coming at him.

      Further, EVERY CASE in which he was involved as the lead or backup officer, or in which HE made the arrests and/or straw buys, sought the warrant on his own say-so, or gave testimony MUST have the guilty verdicts vacated.

      The Dennis Tuttle and Rhogena Nicholas raid and murder was not his first ride on a new tricycle.

      THEN, once all those so convicted are released, begin to go back over the personnel from that PD and see who was backing up Goines, testifying to support his schtick,

      I have not forgotten that there was another egregious abuse of government power that took place over the time period when Goines was on his tear….. Houston had a nasty mayoress who decided she did not like what a certain pastor of a local church was sayingin general about her preferred livestyle. She got passed some nasty unconstitutional ordinances putting unjust burdens and restrictions on such protected speech.Threatened to arrest him, demanded information she had no right to…. generally played the tyrant.

      Seems that city has been run by such for a long time. Sam would be VERY incensed, and probably rolling some heads if he were still about and aware of it all.

  2. What will it take for the thin blue line to evaporate?

    1. The statutory elimination of union representation for all law enforcement.

      1. +100000000000
        Same for ALL public sector jobs.

      2. Amen

      3. That’s a start.

      4. BOOM!!!!!!

        Spot on, Paul

      1. Link is broken. I just comes back to this article.

        Here is a corrected link:

        Number of full-time law enforcement officers in the United States from 2004 to 2018

    2. Prohibit government from initiating force.

      1. Force governments away from initiating Prohibition, too.

    3. “What will it take for the thin blue line to evaporate?”

      And end to ridiculous cop sucking shows like “COPS and “Law and Order” would be a good start.

      As long as Hollywood and the media continue to cover up for widespread and systemic corruption within our injustice system, the untouched middle class will continue to support violence against the poor and marginalized in the name of “law and order.”

  3. Now we know [Goines] was lying and using the district attorney’s office as a tool to convict people wrongfully as early as 2008…

    Willing participant. Not tool.

    1. Indeed. If an officer is habitually lying in investigations for over a decade, that officer is not the only one in the system who needs to get prosecuted. Many DAs, judges, and other cops must have had at the very least strong suspicions, and some were in on it.

  4. Goines declined to testify during Otis Mallet’s hearing, citing the Fifth Amendment’s protection against self-incrimination.

    W. T. F?! The *arresting officer* can “decline to testify”?!

    “Dismissed!” *** pounds gavel ***

    1. I think the refusal came during the current hearing, not the original trial.

      1. Yes, but the result should still be the same.

        “Conviction reversed!” ***pounds gavel***

        1. Admit it, you just like the sound of gavels pounding.

        2. “Conviction reversed!” ***pounds gavel on officer’s head.***

          FTFY.

          1. NONONONONOnonononoooooo

            the GAVEL is not the proper tool for that purpose. EVERY tool has its appropriate use. The gavel is nowhere near suited for that task.

            That ossifers head needs either small pieces of lead travelling at a very rapid rate of speed, or perhaps some readjustment performed by a steel hammer of at least eight to ten pounds weight. A sixteen pound demo hammer would also be well suited to the task you suggest.

  5. Palpable progress. Pretty good for baby steps. I am frankly amazed it’s gotten this far.

  6. Thanks again Jacob for the update. And I have to say I’m grudgingly impressed with the Harris County DA for seriously pursuing this cop’s crimes. Actual murder charges brought against Goines and reopening all these old cases is not the cover up we’ve become accustomed to. Credit where due.

  7. Good job staying on top of the Goines story – I’m sure there’s no more than a few dozen officers just like him in Houston, no more than a few thousand in Texas, no more than 100,000 or so in the US and once we get those few bad apples cleaned up maybe we can get started on the prosecutors and the judges that have been willing enablers of their misconduct. Baby steps!

  8. Now I know why they used to have public hangings.

    1. Thankfully, we’re more civilized these days… we have woodchippers now.

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  10. “Goines declined to testify during Otis Mallet’s hearing, citing the Fifth Amendment’s protection against self-incrimination. Ogg said Goines’ silence about Mallet’s case is ‘compelling evidence that the entire alleged narcotics transaction was a fraud.'”

    I don’t want to defend the scumbag cop Goines, but we can now use invocation of the Fifth as evidence of guilt?

    1. “I don’t want to defend the scumbag cop Goines, but we can now use invocation of the Fifth as evidence of guilt?

      Well acording to police, media and Hollywood tradition, literally any appeal to the Constitution, but especially the 5th is as good as literally admitting to guilt.

      Hoisted by his own petard

  11. Does the police chief still think he’s a hero?

  12. Houston seems to have trouble playing by the rules of late

  13. The whole good cop/bad cop question can be disposed of much more decisively. We need not enumerate what proportion of cops appears to be good or listen to someone’s anecdote about his Uncle Charlie, an allegedly good cop. We need only consider the following: (1) a cop’s job is to enforce the laws, all of them; (2) many of the laws are manifestly unjust, and some are even cruel and wicked; (3) therefore every cop has agreed to act as an enforcer for laws that are manifestly unjust or even cruel and wicked. There are no good cops.” ~Robert Higgs

  14. Good to see Sullum freed up for some effective journalism. Helping the Dems fling ordure at the other half of the kleptocracy was maybe a little undignified–especially now that the rearview reveals it another gambit as stupid and desperate as pandering for elector defections in the wake of defeat. A platform that seeks to ban electricity deserves to lose–even a platform that seeks to bully girls to please looter televangelists.

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