New DAs Join Office

PALESTINE — Two young women — Kristin Kaye and intern Karla Hardy — have recently joined the Anderson County District Attorney’s Office as assistant district attorneys — and both claim their respective roles have given them a unique experience in practicing law.

Kaye, whose position with the DA’s office was approved by county commissioners last year, began her role as ADA on Jan. 3. Her primary responsibilities include Class C misdemeanor cases in the Justice of the Peace Courts and in Frankston.

 Kaye has already spent several days in the courtroom.

“I went to court Tuesday with the new county judge presiding,” Kaye said. “It was a lot of fun. I did a lot of the things done in county court, like arraignment dockets and plea agreements.”

A San Antonio native, Kaye did her undergraduate work at the University of Texas in San Antonio, graduating with a bachelor’s degree in psychology. She attended law school at St. Mary’s University, graduating in May 2010.

Kaye’s decision to go to law school came in a very roundabout way, she said, as she first started out training to be a pharmacy tech.

“I was a pharmacy tech when Medicare Part D came out, and I spent a lot of my time fighting for the people using it,” she said. “I realized I wanted to make the system work the way it’s supposed to — to help people by doing that.”

Kaye found the opening in Anderson County through a website, and having friends who grew up in East Texas, she felt Palestine would be a good place to call home.

“I like small towns and the way people are to each other,” she said. “I interviewed with (assistant district attorneys) Scott Holden and Trevor Theilen and district attorney Doug Lowe, and through that just felt that Palestine would be the right fit for me,”

Like any new attorney, Kaye’s favorite part of her job has been the work done in the courtroom — an experience she believed she might not get in a large town or firm.

“I like being in the courtroom,” she said. “In the bigger areas, I might not be able to get in the courtroom my first week, but here I have. It is fun.”

Hardy, a sworn-in assistant district attorney with Anderson County, began her one-year public service internship through her Washington D.C. law firm, Hogan Lovells LLP, on Nov. 29, 2010.

“I chose to do the internship here in Palestine because I have family here,” Hardy said. “I have spent the last several years out of state and wanted the opportunity to be close to family for a little while.

“My family moved to Tyler when I was 13 years old and I graduated from John Tyler High School,” she said. “My family later moved to Palestine.”

Hardy was born in Kansas City, Kan. and spent her childhood in Oklahoma City before she and her family moved to Texas. After high school graduation, Hardy earned a bachelor’s degree from Iowa State University and attended law school at the University of Virginia.

“I have always wanted to be a lawyer,” Hardy said. “The law is a language that needs to be translated so people can communicate their right. As a lawyer, it is our job to help people do that translating.”

As a senior in high school, Hardy’s desire to practice law was confirmed through her participation in the Teen Court program, which allowed teens to participate in the legal process by serving as attorney, jurors, etc.

“I served as a prosecutor and a defense attorney,” she said. “After a few weeks of Teen Court, I found that there was more room to make a difference as a prosecutor.”

Like Kaye, Hardy was immediately put in the courtroom when she began her work with Anderson County. Much of her casework includes misdemeanors, some felonies and asset forfeitures (the seizure of assets involved in commission of a crime).

“Almost every day of my first week I was in the courtroom,” Hardy said. “I was second chair in misdemeanor and felony trials and did some plea negotiation work.

“I am working with a great group of lawyers here,” she added. “They are fun and smart and they take their jobs seriously. It has been a great experience for me.”

As for future plans, Hardy said she would love to be a district attorney or U.S. Attorney one day.

“Because I love trials,” she said. “I love to be in the courtroom.”

Jury Sentences Two-Time Felon to 99 Years for Aggravated Robbery

On St. Patrick’s Day 2010, 12 Anderson County citizens delivered a message to violent offenders in the area. After deliberating for 15 minutes, six male and six female jurors found Regand Rendell Harris, 37, a two-time felon of Palestine, guilty of Aggravated Robbery and Burglary of a Habitation before Judge Bascom Bentley in the Anderson County District Court. The jury punished the defendant with the maximum sentence of 99 years in the Texas Department of Criminal Justice (TDCJ) on both habitual felony counts. He will serve those sentences concurrently

The victim, Albert Zahn, was a vulnerable, 74-year-old man living alone in a mobile home located in Anderson County’s Quail Valley subdivision off Highway 155.

The defendant did not act alone; his co-defendant and ex-girlfriend, Jacquelyn Burris, 27, of Palestine, helped commit the crime. Burris knew Mr Zahn as she cleaned his house periodically and he occasionally gave her money. On June 15, 2009, Harris convinced Burris to drive them to the victim’s home to ask for money.

According to Burris, she did as the defendant demanded because she was fearful for her own safety. “If I didn’t go, [Harris] would jump on me,” Burris recalled on the witness stand as she testified against the defendant in exchange for 10 years probation.

Mr. Zahn testified that Burris entered his home asking for money, but he refused. Then, an unknown man (Harris) barged through the door, grabbed the victim, and forced him into his rocking chair. Mr. Zahn said that Harris held his forearms down to the arms of the chair and screamed in his face, “Where is the money?!? Give me the money!”

“He bruised my arms with his fingers, hurting me,” said the victim. He testified that while Harris was forcing him to stay in the chair, Burris went to a closet where she stole his wallet out of his pants. Burris and Harris then fled with the wallet containing $150.

The victim called the Anderson County Sheriff’s Office that night, and Sgt. Ronnie Foster responded to the scene. “Dispatch sent me to a burglary of a habitation, but when I met the victim, I realized that a robbery had occurred. The elderly man had been assaulted,” said Sgt. Foster. “[Mr. Zahn] was shaken, afraid and disoriented.”

He took photographs of the victim’s injuries, which were entered into evidence. Sgt. Foster said the injuries were caused by the unknown man’s fingers on the victim’s lower forearms. “The injuries show that the victim was held and forced against his will.” Though the victim allowed Sgt. Foster to take photographs of the injuries, he refused Emergency Medical Service.

The victim told Sgt. Foster that he was robbed by Burris and an unknown black man. Burris was arrested and brought into custody where she agreed to speak with Sgt. Investigator Jay Russell and identified her co-conspirator.

The next day law enforcement drove the victim to the sheriff’s office where he independently identified both Burris and Harris from two different photograph line ups provided by Sgt. Russell. Law enforcement then issued a warrant for Harris’s arrest.

Harris has been in the county jail since the day of his arrest. Burris, on the other hand, served six months in the county jail as a condition of her probation. However, if Burris violates the conditions of her probation set forth by the court, then she faces up to 99 years in prison.   

In his closing arguments, Assistant District Attorney Scott Holden said, “This case is about [the victim]. Harris terrified him, hurt him, and stole his money. The evidence is there. It’s overwhelming.” When arguing for punishment, Mr. Holden said, “[The defendant] is a career criminal. A life sentence is the only thing that will keep Anderson County safe from Regand Harris.”

The jury heeded Mr. Holden’s warning by finding the defendant guilty and sentencing him to 99 years in TDCJ. Jurors offered this explanation of their verdict and punishment:

“We gave [the defendant] the maximum because of his record. He’d assaulted before and had been given time to rehabilitate himself, but he didn’t. He’s not willing to change. If he’s not locked up, then he’ll continue the same pattern. But next time the victim may not be so lucky. Next time he might kill someone. Furthermore, we’re sending a message to future offenders and making an example of [Harris]. Somebody has to start standing up to [offenders] This won’t be tolerated.”

Sadly, the victim trusted Burris and allowed her into his home. While elderly citizens would be wise to consider this when opening their homes to people, the real culprits here are Jacquelyn Burris and Regand Harris. We hope that the message jurors sent today, will discourage offenders like Burris and Harris from breaking the law and people’s trust while harming the innocent.

Felon Takes Fourteen and Ten for Meth and Body Armor

On February 2, 2010, Richard Ray Simpson, 51, of Palestine, plead guilty to a second degree felony and a third degree felony before District Judge Pam Foster Fletcher in the Anderson County District Court. Simpson agreed to fourteen years confinement in the Texas Department of Criminal Justice (TDCJ) for possession of a controlled substance (methamphetamine) between four and two-hundred grams (second degree felony) and ten years confinement in TDCJ for unlawful possession of metal or body armor by a felon (third degree felony).

According to sheriff office reports, on January 23, 2009, Deputy John Wright followed a vehicle leaving the Palestine Schulman Dogwood 6 Theater. Deputy Wright believed Simpson, who had an outstanding warrant for probation violation out of Freestone County, was the vehicle's driver. Simpson was on probation for manufacturing and delivering a controlled substance.

The vehicle stopped at a home known by law enforcement to be Simpson's residence. Here, Deputy Wright identified the man as Richard Simpson and arrested him.

Following the arrest, Sharon Simpson, the defendant's wife, gave verbal consent for officers to enter the residence where Sgt. Bryan Chason found illegal contraband. Sgt. Chason therefore requested, and was granted, a warrant to search the home.

Investigator Chris Dobbs, Sheriff Greg Taylor, Captain Tommy Bar, and Sgt. Chason conducted the search while Deputy Wright and Sgt. Gary Wilbanks cataloged and secured the evidence. The search revealed a large sum of cash, several "meth pipes", plastic baggies containing crystal residue, and a bullet proof vest.

Assistant District Attorney, Stanley Sokolowski, represented the state while local attorney, Mr. Larry Coker, represented the defendant. 

Cook Sentenced to Life for Wife’s Murder

On January 15, 2010, Ronnie Cook, 63, from Palestine, plead guilty to murdering his wife of 43 years, Frances Darlene Cook, and guilty to four counts of attempted capital murder before District Judge Mark Calhoon in Anderson County District Court. Each count was a 1^st degree felony, which carries a sentence of five years to life in the Texas Department of Criminal Justice. Cook accepted the maximum punishment.

On May 13, 2009, the defendant shot and killed Mrs. Cook, with a .22 caliber handgun following an argument in their home in Palestine, Texas. Supposedly, the defendant was jealous of his wife's internet activities.  

The defendant called his neighbor, Barry Murray, to explain what had happened, and Mr. Murray called police.

Palestine Police Officers Michael Gray and Gabriel Green were the first to arrive on location. The defendant fired shots at the officers from inside the residence. This began a three hour standoff between the defendant and law enforcement including officers Cathy Weber and Tommy Thacker, who later joined Gray and Green at the scene. The standoff ended with the defendant's voluntary surrender.

Several of the victim's family members witnessed the defendant's plea and were satisfied with his sentence.

Assistant District Attorney Scott Holden represented the state and local attorney Bill House represented the defendant.



Update on Sunday, January 17, 2010 at 04:25PM by [Your Name Here]

The Palestine Herald Press has posted an additional article at http://www.palestineherald.com/local/local_story_016201435.html

Man Charged with Attempted Sexual Assault Convicted on Lesser Charges

After hearing two days of testimony in a attempted sexual assault case, and then deliberating for over three hours, an Anderson County jury sitting in District Judge Deborah Oakes Evans case found Meliton Hernandez, 52, not guilty of attempted sexual assault (a third degree felony).  The jury did find Mr. Hernandez guilty, however, of two lesser crimes: assault causing bodily injury, family violence (a Class A Misdemeanor) and assault by physical contact (a Class C Misdemeanor).

The case, prosecuted by Anderson County Assistant District Attorney, Scott Holden, accused Mr. Hernandez of attempting to sexually assault a family member on July 6, 2008, while the rest of the family had gone swimming at Lake Jacksonville.

The case was investigated by Anderson County Sheriff’s Department, Deputy John Wright, a five year veteran in the Sheriff’s office. Local attorney, Mr. Jeff Herrington, represented Mr. Hernandez.

The victim, who was identified in court only by the pseudonym, Maria Garza, testified  on Tuesday that Mr. Hernandez assaulted her while he was working on her car. At one point, Mrs. Garza claims Mr. Hernandez asked her to get him a drink. After removing a soda from the refrigerator, she turned around and saw Mr. Hernandez standing in front of the door holding it shut. He said to her, “I’m in need of a woman.” The victim responded, “Are you crazy?” citing the fact that they are related.

According to Mrs. Garza, she ran towards the door in an attempt to escape, when the defendant grabbed her and shoved her on the couch. He then threw her to the floor where he pinned her down by holding her wrists. Mr. Hernandez then exposed Mrs. Garza’s breasts and attempted to remove her pants. When asked about Mr. Hernandez’s intent the victim stated, “He was trying to have sex with me.”

In an attempt to thwart Mr. Hernandez’s efforts, she bit his shoulder and managed to knock over a nearby TV-tray. The object startled the defendant and gave Mrs. Garza enough time to escape to her house next door where she called several family members and then 911.

Deputy Wright was the first to respond at the scene. He testified that, while driving to the residence, he spotted a white pick-up truck leaving the area, which matched a description of Mr. Hernandez’s truck.

Deputy Wright made a stop, identified the driver as Meliton Hernandez, and instructed him to return and wait in the truck while the deputy entered the victim’s home. Mr. Hernandez complied.

Upon making contact with Mrs. Garza, the deputy noticed that “her make-up was running, there were tears in her eyes, her hair was in disarray, and she was having difficulty keeping her composure.” Deputy Wright took a written statement from the victim and photographed her appearance, including a bite mark on her lip.

Mrs. Garza testified that the mark was a result of Mr. Hernandez pulling on her lower lip with his teeth.

Texas law defines attempted sexual assault as attempted forced penetration to the anus, sexual organ, or mouth of an individual by an offender without the individual’s consent.

Due to lack of evidence, the state was unable to convince the jury beyond a reasonable doubt that Mr. Hernandez attempted to sexually assault Mrs. Garza; however, they did find him guilty of assault by physical contact. This contact included Mr. Hernandez kissing and licking Mrs. Garza’s breasts without her permission. During his closing arguments, Mr. Holden, said, “Why would a man do this if he were not attempting to take it further [to sexual assault]?”

An unnamed jury member commented, “Had the Sheriff’s office felt a felony was committed, they would have issued a search warrant for the crime scene and conducted a more thorough investigation.”