Posted on 11/21/2002 12:32:30 PM PST by No Truce With Kings
Nov. 21, 2002, 10:35AM
By ROMA KHANNA
Copyright 2002 Houston Chronicle
Houston police Capt. Mark Aguirre and a sergeant who works closely with him appear to be the only targets of an investigation into the mass arrest of people in a Kmart parking lot, a lawyer for an officer cooperating with authorities said.
"After reviewing all the evidence, my impression is that Aguirre and one other sergeant who is his right-hand man are the targets of this probe," said Clint Greenwood, who is representing Lt. Frank Jackson. Greenwood would not identify the sergeant.
Jackson was among four people who testified Wednesday before a Harris County grand jury about the Aug. 18 raid that led to more than 270 arrests, the suspension of 13 police supervisors and spurred widespread criticism of the Houston Police Department. He was among those suspended.
Prosecutor Tommy LaFon, who is presenting the case to the grand jury, would not comment on the targets of the investigation.
"I don't feel comfortable talking about that because nothing is static here," LaFon said.
Jackson's testimony opened a grand jury hearing expected to stretch into next week as jurors review the controversial parking lot roundup to determine if any officers broke the law and deserve criminal indictment.
Two women arrested in the raid, Emily Demmler, 19, and Sarah Sponsel, 20, also testified. Both declined to comment. Charges against the women and all people arrested in the raid were dropped in September.
Jackson spent three hours before the grand jury giving details about the plan he authored, at the request of Aguirre, for curbing drag racing on Westheimer -- the initial intent of the parking lot raid that has sparked the largest internal investigation in HPD's history.
The manner in which the sweep occurred was drastically different from Jackson's plan, Greenwood said. For example, Jackson's plan only called for four passenger vans to transport those arrested, which never would have held the 270 people.
"My client is probably the person with the best overview of what happened from beginning to end," Greenwood said. "He was there from May, when Aguirre hatched the idea, until they took down the crime scene tape in the parking lot."
Jackson has willingly cooperated with the district attorney's office and the police Internal Affairs Division because he has no criminal liability for the incident, Greenwood said. The night of the raid Jackson distributed ticket books and pens and did not make any arrests.
"My client drew up the plan that was approved all the way up to the top," Greenwood said. "Other than that, he did what Aguirre told him to do."
LaFon confirmed that Jackson is not a target of the investigation and said Jackson has not received anything in return for his testimony. LaFon said nearly all of the officers involved in the incident have been cooperating with investigators and that no one has been offered immunity in exchange for their testimony.
When the grand jury reconvenes Friday, it will hear from Aguirre and two sergeants from his patrol division, J.E. Zitzmann and Ken Wenzel, LaFon said.
Aguirre, a 23-year HPD veteran, was suspended with pay because of allegations that he tried to influence other officers' statements about the incident. Zitzmann and Wenzel are among 12 other supervisors -- including a captain, two lieutenants and seven sergeants -- also suspended without pay.
To date, a total of 10 witnesses have been subpoenaed to appear before the grand jury, LaFon said, though that list may expand. More than 60 police officers and numerous civilian witnesses may be called.
Jurors also will review the findings of an independent investigation by the district attorney's office.
Though all trespassing and curfew charges resulting from the arrests were dropped, the city faces one lawsuit and 89 claims for damages filed by people seeking millions of dollars.
Next Christmas won't be any merrier, because he'll be spending it in Huntsville.
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