Capt. Mark Aguirre appeared with his lawyer on Monday.
Posted on 08/26/2002 3:34:03 PM PDT by Dog Gone
Capt. Mark Aguirre appeared with his lawyer on Monday.
|
Amateur video taken in April leaves no doubt that street racing was a problem in the area of Westheimer and Dunvale in west Houston. And police surveillance video shows the racing attracted a large crowd. The question is, were police fair in how they implemented a crackdown eight days ago? An attorney for Captain Mark Aguirre, who oversaw the operations, says yes.
"We did not feel that any Houston police officer who was out there, or any officer in the chain of command, did anything unlawful or improper," said attorney Terry Yates.
Aguirre was recently put on paid leave, after many of those arrested say they were unfairly targeted and treated. Attorney Steve Rocket Rosen represents 15 of the arrestees.
"They were just standing out in the middle of the street, or sitting in a restaurant," claimed Rosen. "Our plan is to quickly file federal lawsuits alleging civil rights violations."
Captain Aguirre's attorney says he fears his client's superiors will try to make him the fall guy for an operation that was planned and approved well in advance.
"Three days before, Captain Aguirre sent a memorandum to the chief where he stated that there would be mass arrests of street racers and their followers," Yates explained.
Eyewitness News has put in a request at the police department to find out if Chief Bradford in fact received that memo and saw it himself. So far our requests for an interview have not yet been responded to.
Aguirre's attorney also says he has filed for a court order to stop HPD's internal affairs department from further investigating his client.
Name seems to fit?
According to local radio this afternoon, the first lawsuit has been filed. This one, by the ACLU, is asking for damages of $100 million, which seems rather excessive to me.
I'll see if I can find a link.
Nothing improper or unlawful, huh?! Next you'll be telling us that your client was actually doing those 278 citizens all a favor by arresting them (according to your logic it would appear).
A judge today denied a request from Houston Police Capt. Mark A. Aguirre to force the City of Houston to remove an investigation of the officer from the control of Police Chief C.O. Bradford.
Aguirre ordered the midnight raid outside a westside Kmart on Aug. 18 in which hundreds of teenagers were arrested for trespassing. He has been suspended with pay pending police department investigations of the arrests.
Aguirre filed an application for a temporary restraining order and injunction against Bradford, the City of Houston Police Department and the City of Houston. It claims that "the defendants have conspired to intentionally inflict ... emotional distress on the plaintiff."
Aguirre's attorney, Terry W. Yates, said in a news conference that it is in Bradford's best interest to discredit Aguirre because the officer accused Bradford of perjury in May.
"We would like a public hearing," Yates said. "Somebody needs to look at this aside from Chief Bradford."
Police officials, including Bradford, declined to comment because the matter is under investigation.
State District Judge John Donovan, acting as ancillary judge, denied Aguirre's request today. There has been no hearing set on the case.
Meanwhile, Justin Esparza sued Aguirre and the City of Houston in U.S. District Court for arresting him for "attempted trespass" during the raid.
Esparza is asking for a judgment of $100 million.
Obviously you are the only one who recognizes that this is all Bush's fault. He IS from Texas after all.
He is not understanding reality. That is not what he did.
How could he be charged with "attempted trespass"?
Should I adjust my tin foil hat now?
Yeah, I'll just bet those law abiding citizens he arrested are real proud of the way he protected and served THEM. Oh, that's right. Didn't he jump jurisdictions to pull off this operation?
Beats me. There's no such crime. Maybe the lawyer for the ACLU is stupid and couldn't read the charges.
Asking for $100 million for one client isn't likely to get much community sympathy for their client, either.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.