HOUSTON, Texas – Gerald Goines, the former Houston Police Department officer convicted of murder in the deaths of the couple killed during the botched Harding Street raid in 2019, appeared in federal court Tuesday and was set for another hearing Wednesday.
In September, Goines was sentenced to 60 years in prison after being found guilty of murdering Dennis Tuttle and Rhogena Nicholas during a no-knock raid on Harding Street.
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During the nearly five-week trial, we learned Goines, a former HPD narcotics officer, lied about the affidavit that was used to obtain the deadly no-knock warrant on Harding Street. In the affidavit, Goines claimed the couple were drug dealers and one of his CIs had purchased heroin from them.
The deadly raid left five officers, including Goines, injured.
Goines, who was also indicted on federal charges, is currently in federal custody following his hearing on Tuesday.
In November, just two months after his conviction, the disgraced former narcotics officer filed an appeal seeking a new trial.
Although Goines was scheduled for a court date on Wednesday, his motion for a new trial had to be rescheduled due to his federal custody status as he works through the details of his federal case.
According to the law, a defendant may remain in federal custody after being convicted in state court if they are still undergoing the trial process at the federal level.
Goines’ attorney’s claims for a new trial come after they say a cellphone belonging to Tuttle was withheld from evidence.
Goines’ attorney, Nicole DeBorde Hochglaube, filed the subpoena on Oct. 30, seeking Tuttle’s cellphone and other related devices.
The Tuttle family’s attorney Boyd Smith in return filed a motion to quash the subpoena, claiming that it should be dismissed for multiple reasons.
Judge Veronica Nelson denied Smith’s motion to quash the subpoena on Wednesday, setting a Dec. 23 deadline for the next hearing to be completed with Goines present.
Judge Nelson set the new hearing date to Dec. 19, in hopes of Goines being able to attend.