A former Houston Police Department officer who was accused of murder and allegedly providing false information that led to a deadly drug raid in 2019, was denied a request to dismiss his case by a judge on Wednesday on claims of prosecutorial misconduct, according to reports.
Fox station KRIV in Houston reported that the judge denied Gerald Goines’ request because there was not enough evidence to prove foul conduct by the prosecution to justify a dismissal.
Goines, his partner Steven Bryan and civilian Patricia Garcia were taken into custody in November 2019 in connection to a Jan. 28, 2019 raid on a home that left Rhogena Nicholas, 58, and Dennis Tuttle, 59, dead. During the chaos, Goines was shot as well.
TWO FORMER HOUSTON POLICE OFFICERS ARRESTED OVER A DEADLY DRUG RAID
Goines was accused of murder as well as other counts, including making up an informant who he said purchased drugs from the home and lying in a search warrant affidavit. He later admitted to buying the drugs himself.
On Wednesday, Goines’ attorneys claimed the Harris County District Attorney’s office deprived Goines of a fair trial after initiating and continuing communication with the media about the case.
The defense also argued the media coverage, both locally and nationally, was a marketing campaign to reelect the district attorney, Kim Ogg.
PROBE OF CASES FROM HOUSTON OFFICERS IN DEADLY RAID EXPANDED
The defense alleged Communications Director Dane Schiller claimed he made an anonymous online post that made it impossible for the suspect to get a fair trial, KRIV reported.
Prosecutors denied allegations made by the defense, accusing them of not being upfront about discovery materials they had about the police department.
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With the judge’s dismissal, the trial will move forward and attorneys from both sides will meet to discuss possibly questioning each possible potential juror.