The annual TDCAA conference, held this year in Corpus Christi, is history. Thank you Carlos Valdez for being the host city. The get-together on the beach was excellent, following a day of great speakers.

So, what did you think of the annual?

I thought it was very good. I'm always amazed at the organization that has to go into getting so many different people to speak on so many different topics. And TDCAA pulls it off routinely. I learned a lot and met some wonderful people. I enjoyed the seminar very much.

As always, I was impressed by the SCOTUS / CCA update block...Do I understand correctly that prior experience at Blockbuster is the key to becoming a legal eagle?

All joking aside, Mr. Newell, your update is always a highlight IMHO....

Our thanks to all those who worked hard to make this annual another success...

Indeed. I learned all about law from watching Legal Eagles and From The Hip. I long for the day when I will be able to cite to the latter in a discussion about the word "ass." Given the proliferation of pop culture in opinions these days, that day may not be far off.

And thank you for the compliment. You are very kind.

[This message was edited by David Newell on 09-28-09 at .]

There were several sessions I wanted to attend on Thurs, but couldn't because--as a former boss of mine used to say--"I am not an amoeba," and couldn't be in two places at the same time.

On the other hand, there were some sessions on Wed.--the general sessions which everyone was supposed to attend--which I could care less about. The most notorious example was the hate crimes session. The panel was excellent, but the statute they had to discuss is a waste of time. Apparently it has only been used 13 times since the law took effect. One of those 13 cases to be filed was done so by Ken Sparks, one of the panelists. He said he regretted it later.

What obscure statute are we going to be forced to hear about next year? Prosecuting farmers who use 2-4-D herbicide without an applicator's license under the Ag Code? Frankly, I would much rather have heard about bail bond law. Bail bondsmen, after all, have a key to the jailhouse door, and it is important that we hold them accountable when one of their customers never returns to court. I would have liked to learn more on child abuse--a truly important subject. I also would like to know what the latest baloney the lege has cooked up on juvenile law. I'm sorry some of these classes weren't offered twice over two days, and we were forced to waste our time hearing about the hate crimes statue instead.

I guess you could summarize my position as: "More meat, please. And cut the B.S."

Having said that, I must say the conference went very well, and I had a good time. I greatly appreciate the hard work and effort all the presenters put into their subject. My hat is off especially to the unfortunate panelists chosen to talk about the hate crimes statute: you pulled no punches, and you gamely soldiered on with your assignment. All three of you deserve a medal at the next yearly update conference.

I wouldn't mind a class on non-consent tows, rotation contracts, etc. I am always getting calls and complaints about non-consent tows. The last involved a towing company that charges $850 per hour with an eight hour minimum for a non-consent tow of a large truck. The victim--excuse me, owner--complained to the HP Captain. He had a $9,000+ bill!

Also--tooting our Crime Lab's horn--the presentation on storage and handling of biological evidence was very good. Too bad so few people actually were able to be at the class. I found it interesting that the Crime Lab has found DNA from the prosecuting and defense attorneys on biological evidence when a court granted post-conviction DNA testing on the evidence.

Janette

Enjoyed all of the talks but really appreciated the tip I heard from Jane Starnes re including injury to a child in a mulitiple count murder indictment so it opens up the door to extraneous bad conduct. I have always been hesitant to charge lesser included offenses within one indictment for fear that the jury will think I don't believe my case merits the highest charge. I have learned by being burned to always cover the lesser included offenses in voir dire but this way I can get more evidence in and decide what count goes to the jury at the end of my evidence.

I too would like to have attended other sections but could only be in one place at a time.I know the speakers are exhausted but I would have loved to go to the investigators track after I heard how much they were covering.

Great conference and thanks to all of the staff for such a great time. You are all awesome!!!

Terry, Hate Crimes was included as a topic at the specific request of the Court of Criminal Appeals. They provide our funding for training and when they give such an order, we salute! Same reason the topic on Actual Innocence was included a few years ago.

I accept your offer of a medal. And Newell deserves one, too!

Ken,

Do you know why the Ct. of Crim. Appeals has a bee in their bonnet about the Hate Crimes Statute? What's the big deal? Also, do you know if they have a thing about prosecuting farmers who use 2-4-D Herbicide without an applicator's license? That ought to be exciting.

But thanks for your efforts anyway Ken. We all salute you and your comrades-in-arms on the panel.

Thank you for the kind words.

And I do not know the basis for the CCA's request for a speech on Hate Crimes.

I hate crime.

I can answer the questions about why those trainings...

First, the hate crimes training is mandated by the Legislature. the Court of Criminal Appeals, by statute, must provide prosecutors with hate crimes training. We have done it before, and will do it again in the future. And I thought it was some pretty good stuff. We know that the hate crime statute itself may not be used in many situations, but good to have some strategies from some prosecutors who have handled those cases...

As an aside, I can tell you that we are normally pretty good about keeping ahead of the waive of "mandated training" by making sure that we are offering training on various topics, even those that aren't what you would consider "nuts and bolts." If our state leaders feel that Texas prosecutors could use some training and insights in a particular area, we try to listen to that and get it done.

Thus, by hitting those topics on our own, we have avoided mandated training topics to a large extent. Hate crimes and diversion training are the only two exceptions that I am aware of.

You can put human trafficking into the "ahead of the curve" category. Many of our state leaders are very concerned about humnan trafficking, enough so that we had to ask ourselves "what's up with that?" I am aware that you have not seen a lot of cases on human trafficking, at least not yet, but in time you might.

It is our job as prosecutors to stay in front of these issues, so we brought you a session on it. maybe this human trafficking turns out to be huge in our courts, maybe not, but now you have some insight into what this is about. Without the legislature feeling the need to mandate that training....

Make sense?

I hate traffic.

So, Newell, I guess you must also hate traffic crimes?

I want to add that all of the ADA's who give of their time, past and present, are really appreciated by the other members and myself for their efforts to educate us, and to go beyond and help us with legal issues during the rest of the year. I've yet to be turned down when I've asked for help over the years, whether from other prosecutors or from the TDCAA.

We really do have the best association in the nation. No slam to the NDAA (because they are a great National association), but check the other DA's associations out in the other states that have them. Again, no slam to them, but Rob and company are amazing. Check out the websites of other associations and see if you can find one (a website or an association) as comprehensive, as informative or as useful as TDCAA.

Kudu's to the TDCAA.

I hate kudzu -grows up overnight and covers everything.

I hate banjos.

Steve Martin and I are like the only ones who buy banjo strings anymore. If they quit making them, I'll have to use ukelele strings. Maybe you can get me some the next time you're in Hawaiwii, Haiwii, Ha---, the Aloha state, JB.

Apparently, the people in Wall, SD don't hate banjos. You know those player pianos? They have a "player banjo" (with player guitar) at the Wall Drug. Put your quarters in and they start pickin'! I think I got video of it somewhere just for A.P.

Wall Drug Store is a cool place. I recall, when driving across the US one summer, seeing sign after sign for hundreds of miles, "Wall Drug, only __ miles". You wonder what it is and, of course, stop when you get there. A pretty amazing place for tourists. I don't recall the frightening thing you describe.