HOUSTON – Attorneys representing Gerald Goines, an ex-Houston police officer accused of murder for his role in a 2019 drug raid that led to the death of a couple, has called for the dismissal of charges against him after allegations of prosecutorial misconduct.
Goines pleaded not guilty to two felony murder counts for the January 2019 deaths of a married couple, Dennis Tuttle, 59, and Rhogena Nicholas, 58.
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Prosecutors allege that Goines lied to obtain a search warrant by making up a confidential informant and wrongly portraying the couple as dangerous heroin dealers. That led to a deadly encounter in which officers shot and killed Tuttle, Nicholas and their dog, and found only small amounts of marijuana and cocaine in the house. Five officers, including Goines, were injured in the raid.
According to a document, the motion argues that extensive media coverage and statements by Harris County District Attorney Kim Ogg have tainted the jury pool, which makes it impossible for Goines to have a fair trial.
Prosecutorial misconduct allegations
The motion details where potential jurors had preconceived notions about the case that was influenced by media reports and statements made by local leaders.
It references previous attempts to quash the indictment and criticizes Ogg’s public comments as prejudicial and unethical, ultimately requesting the court to dismiss the indictments. The defense contends that Ogg’s tweets and public statements were designed to prejudice the community and prospective jurors, undermining Goines’ constitutional right to a fair trial.
Problematic jury selection
On June 28, 2024, according to the motion, the initial panel of 120 potential jurors, only nine were deemed suitable, with many expressing familiarity with the case due to media reports.
The second group of jury selection began on July 1 and the defense attorneys individually interviewed potential jurors. The motion stated that this group had also been influenced by media coverage, further complicating the selection of an impartial jury.
Motion to dismiss indictments against Goines
The defense team has called for the court to dismiss Goines’ cases, emphasizing the ethical responsibility of prosecutors to seek justice impartially and without bias.
READ THE FULL DOCUMENT BELOW: