Episode Transcript
Transcripts are displayed as originally observed. Some content, including advertisements may have changed.
Use Ctrl + F to search
0:00
if the Astros win it all,
0:02
you get your money
0:04
back. Mac gives back
0:07
He's the sponsor of our podcast and
0:09
a supporter of what we do. He shares
0:11
our values and he's willing to get involved.
0:13
In local, state and national
0:16
politics to bring about change
0:18
for the better. If you're thinking about
0:20
furniture, Matt gives back Gallerie
0:23
Furniture. The Michael Berry Show
0:25
yesterday told you the tragic
0:28
story of Michael Essien and his
0:30
son, Micah. You'll
0:32
remember this story. This
0:35
is the guy who's gunned down by a
0:37
thug so
0:39
that his vehicle can be stolen. And
0:42
as the thug who's
0:45
now been arrested, alleged
0:48
killer Bolanley Fidero,
0:51
thirty eight. Been
0:53
charged with two counts of murder and tampering
0:55
with evidence.
0:56
He
0:58
murders the father, steals
1:01
his car, drives
1:05
away, would have realized that there's
1:07
a toddler in the back who's
1:10
just witnessed his dad being murdered. dumps
1:14
the car. The
1:17
toddler dies because
1:20
of the heat. because
1:23
he's stuck inside the vehicle.
1:26
Well, that turd who did that
1:30
It turns out,
1:32
we have a record on him. There's always
1:35
a record. There aren't nearly
1:37
as many killers
1:39
As there are
1:40
killings, it's
1:43
the same guys doing it
1:45
again and again And
1:47
again, I've got his record
1:49
here somewhere. Well,
1:52
anyway, this
1:54
brings us to our next guest,
1:56
Ken Good. a
1:58
bail attorney who
2:00
is apparently very well respected in the
2:02
field, I'm told. by folks
2:04
who would know, and a board member of the Professional
2:07
bondsman of Texas. And
2:10
I read a statement on the
2:12
high failure to appear rate since
2:14
the implementation of bail
2:16
reform measures in
2:18
the county. failure to appear,
2:20
of course, being
2:22
these guys get out.
2:23
We they have blood all over them. They've just they've just
2:25
murdered miss Medina. They
2:27
got blood all over them.
2:28
The cops arrest them and bring them down. And the
2:31
judge says, oh, it'd be great for
2:33
you to head on out. But pinky swear you'll be
2:35
back ninety days. Right? And guess what?
2:38
That guy didn't show up ninety days. Ken Good.
2:40
Welcome to the program.
2:43
Thank you so much for having me, sir. Can
2:45
you I don't know if you're right into the phone or if you're on
2:47
a speaker phone, but if you would lean in because I wanna
2:49
make sure everybody hears what you have to say.
2:52
First of all, talk a little bit
2:54
about bail reform as they've
2:56
called it. What exactly it is and
2:59
why it isn't working? And assume you're
3:01
talking to people who have only
3:03
a passing knowledge of the subject.
3:06
Okay.
3:09
Well, we have a county commissioner who
3:11
colluded with an outside
3:14
activist group and went to them and said, hey, why
3:16
don't you come to Harris County and You could say Harris
3:18
County. It's Rodney. You said I want I
3:21
wanna make changes to the way we do
3:23
criminal justice and
3:25
and how we do our bail system. and
3:27
I can't get it through the legislature, so I wanna
3:30
force it through kind of weaponize
3:32
the federal court through a settlement.
3:34
And I'll get friends to file
3:37
half a day that's in the case and say,
3:39
oh, the way we do that is unconstitutional. Now
3:41
years later, the courts held that
3:43
it's not unconstitutional. But in the
3:45
meantime, you know, it it looks terrible.
3:48
And then we've got the editorial board
3:50
of the Houston Chronicle saying
3:53
oh, we have to settle. We spend eight million dollars
3:55
in legal fees. And and everybody agrees
3:57
it's it's bad. And so what happens?
3:59
New judges are elected. They
4:02
all say we're gonna settle. We're gonna
4:04
give the plans whatever they want. They
4:06
do. And then we spend a hundred
4:08
million dollars to implement this new
4:10
system. and the new system is
4:12
just a fiasco. Here's
4:14
what we're doing. If
4:17
you're arrested on a misdemeanor in Harris County,
4:19
you just get a hundred dollar p r bond, which
4:21
is not a hundred dollars. They cost anything.
4:23
It's free. And you get out,
4:26
and then we've tied our hands of our
4:28
judges in the settlement. they have to miss
4:30
court three times before we can even
4:32
do anything too. That's what they agreed
4:34
to. And then we tell everybody
4:36
in the nation
4:37
how great it's working.
4:39
you know, these people went to Ohio
4:41
in the summer and said, it's working great
4:43
in Harris County. We need to do the same thing
4:45
in Ohio. and then it bleeds over
4:47
into the felony cases just like you
4:49
mentioned. And so our
4:51
license is working. So they start
4:53
doing it for felonies as well, and we're
4:55
seeing the results across the board.
4:58
Nobody's coming to court. The only
5:00
way they're keeping the misdemeanor cases from
5:02
system from collapse, is they're
5:04
just dismissing everything? They just missed
5:06
seventy two percent of the cases
5:09
last year. Hold on. Hold on. Can't
5:11
hear before? stop you there. You're so used to
5:13
hearing this that you're like
5:15
the resident of Nagasaki that talks about
5:17
what they We have to see this. We have to
5:19
understand it. Slow down and go back.
5:21
Seventy two percent say that again
5:23
real slow.
5:25
Well, according to the Houston
5:28
Police Officer's report, which was released in
5:30
April of last year, and it's
5:32
based upon data that is reported
5:34
to the state by Harris County. In
5:37
the misdemeanor courts, all of them,
5:40
seventy two percent of the cases
5:42
that were disposed in two thousand and
5:44
twenty one were
5:45
dismissed, not convictions,
5:48
not anything, but just a dismissal.
5:51
it was seventy-one point nine nine percent
5:53
and then in twenty twenty
5:55
it was seventy-one point nine eight
5:57
percent So the only way
5:59
they're keeping
5:59
their system from collapsing is they're
6:02
just missing everything because
6:04
you get arrested You never see
6:06
a judge. You get a free bond.
6:08
You've got a eighty percent chance to never come
6:10
to court. And so then
6:12
you
6:12
got a seventy two percent chance your case
6:14
is dismissed, and they're calling
6:16
that bell form. I
6:19
call it giving up on crime.
6:24
So
6:26
if this were to be fixed, You've
6:30
got the federal is
6:32
is this through the federal appeals?
6:34
How can this be fixed?
6:37
looked at the courts have already
6:40
given them a roadmap to fix it. They've
6:42
refused. In
6:44
January of this year, the fifth Circuit
6:46
reversed O'Donnell. the
6:48
basic the the fundamental ruling
6:50
o you know, Donald is that judges
6:52
can be sued in federal court.
6:54
And the Dave's case, the Fed circuit
6:56
reversed that ruling. and specifically Rosenthal.
7:00
And it was by the by
7:02
by an en banc review. That means the whole
7:04
of his circuit, fifteen, sixteen, seventeen
7:06
judges. they all ruled
7:08
that they reversed her decision,
7:10
and they said essentially they went out
7:12
of the bellies, so there's no jurisdiction anymore.
7:16
and commissioner's court was asked,
7:18
hey, don't we wanna go back to court and have this case
7:20
dismissed? No. What are you
7:22
talking about? No. We love this. It's
7:24
working great. It's working
7:26
so great. Lena Hidalgo refuses
7:28
to debate her opponent because
7:30
she can't defend it.
7:32
So you're telling me? that
7:35
have cactus Jack Kega wins and
7:37
Tom Ramsey wins and and
7:41
Alex Meuler beats Lena Hidalgo.
7:44
That's three out of five. We've got a majority,
7:46
and this thing is done.
7:49
Yes. And Mueller has already filed
7:51
an amicus brief in the Russell
7:53
case where they're trying to extend the
7:56
misdemeanor stuff to the felony stuff. And
7:59
she's already said,
7:59
we need to dismiss Russell. We need to
8:02
dismiss O'Donnell. So she's
8:04
already on the record saying that's what we should
8:06
do.
8:07
And, you know, Russell is already on
8:09
track to be dismissed. They're having
8:11
hearings across over this
8:13
from now till the end of the year over whether
8:16
it should be. So it may be dismissed
8:18
anyway because that's what the Pittsburgh
8:20
said, should happen, but nobody's going
8:22
back on O'Donnell.
8:26
And you can see why they
8:28
spent a hundred million dollars. Are they gonna admit
8:30
it was all a waste of money?
8:31
No. I'm
8:33
assuming you're aware, are you willing
8:35
to discuss the influence of Arnold
8:38
Ventures on all of this?
8:41
Absolutely. Okay. Absolutely. That's
8:43
alright.
8:49
Michael Berry Show. If
8:51
he doesn't say it, who
8:53
will? He's menu in his
8:56
hand. Ken Good is our guest. He is
8:58
a bail attorneys on the
9:00
bondsman board. This
9:02
is what he does. Ken,
9:05
I asked when when the county so
9:07
gleefully entered into the
9:09
settlement, which has
9:11
led to the problem we're seeing now.
9:14
There was a photo taken with some
9:16
Arnold Ventures folks and
9:18
Rodney Ellis in their high fiving.
9:20
This was a great moment. So what
9:22
we're seeing now is exactly
9:24
what they wanted. This this
9:26
is not an accident. This
9:28
isn't a flood or a storm or
9:30
a drought. they intended this. It's
9:32
important people understand that.
9:35
Your understanding of how Arnold Ventures
9:37
was involved in all this? Well,
9:39
you know, they started by enticing
9:42
the county into talking
9:44
to them and getting allowing them to be
9:46
involved in the process through a grant. that
9:48
they gave to the county years ago. And
9:50
so that started the discussions. But,
9:52
you know, I would, you know, I would
9:54
say the best you can say is they
9:56
have good intentions, but they
9:58
just don't think these things
9:59
through. You know, they always say,
10:02
well, any reform is gonna cause a forty
10:04
percent failure to pure rate. And
10:06
I'm like, you do realize a forty
10:08
percent day of the pay rate will kill your
10:10
criminal justice system. Because
10:12
the current the system they replaced
10:14
was less than ten percent failure
10:16
to peer rate with the private
10:18
industry. And so we've now
10:20
create a website harrison
10:22
county court watch dot com where you
10:24
can go and look it's interactive.
10:26
You can look for any day for the last two
10:28
years for any misdemeanor court.
10:30
to see what they're failure to appear right. And
10:33
what we is and we found the same
10:35
thing the Houston police officer unions
10:37
found is that their failure to appear right
10:39
is seventy five eighty five
10:41
percent on average.
10:43
And we found days where
10:45
a
10:45
hundred percent of the docket
10:46
did not show up for
10:48
court.
10:49
what are they doing? Nothing because they've
10:51
tied their hands. And so
10:53
you can't get justice. And
10:55
are How often can how often
10:57
are family members of victims
10:59
showing up to then realize
11:01
the person who did this is not showing
11:03
up.
11:05
It's it's worse than that.
11:08
Because no one shows
11:10
up. And so III
11:12
mean, you know, the prosecutors, how
11:14
can they even ask victims
11:16
to come? when they know
11:18
there's a seventy two, eighty
11:20
percent, eighty five percent chance
11:22
that people are not gonna show.
11:24
and and the court's not gonna do anything to him. I
11:27
mean, look, we've got judges who are
11:29
saying, oh, we've cleared a hundred and eight
11:31
percent of our the
11:32
case is pending. So we're doing great.
11:34
Well, over the last ten years, your docu to have
11:36
backlogged has increased a hundred and
11:38
seventy eight percent and
11:40
sheriff's the rest are down thirty
11:42
thousand, only because why file
11:44
them? They're just gonna be dismissed. Can
11:46
you imagine our criminal justice system,
11:48
our misdemeanor courts, is ahead of
11:51
an additional thirty thousand cases
11:53
when
11:53
they're dismissing seventy two percent
11:56
of any disposition. They just
11:58
be dismissed again. It'd be
12:00
eighty percent. Eighty five percent.
12:02
You get to the point where you're
12:04
like,
12:05
isn't this just a backdoor California
12:08
where we're decrimeralizing certain
12:10
crimes. Doesn't that kind of explain
12:12
why crime is going up? We're kind
12:13
of falling in the same trap.
12:17
Arnold Ventures has lured us into
12:19
this cycle where we're just
12:21
repeating the mistakes in California. Worth
12:23
noting, I don't have the article in front
12:25
of me, but Fox News did a profile on
12:28
the George Soros type billionaires around the
12:30
country who are funding this
12:33
this bail reform, and it's not just George Soros.
12:35
John Arnold, I think they
12:37
said ten new tens of millions
12:39
of dollars that he has poured
12:41
into New York. And this guy lives in Houston. He
12:43
has poured into New York and
12:46
and their criminal quote
12:48
unquote, criminal justice reform that has caused
12:50
crime to go through the roof. In fact, crime is so
12:52
bad there that the guy who was
12:54
most recently elected mayor
12:56
IS A FORMER POLICE CAPTAIN AND
12:59
PEOPLE THOUGHT, WELL, AT LEAST IF
13:01
NOTHEN ELSE, HE'LL DO SOMETHING ABOUT
13:03
THE CRIME. And and that's saying
13:05
something for New York to elect a law
13:07
enforcement officer, but that's really
13:09
saying something. So this guy is
13:11
interested in this quote unquote criminal justice
13:13
reform and and I honestly do
13:15
believe as as Ken Good has just
13:17
said. I think his intentions are
13:19
good. I think this guy says, well, these
13:21
you got these black guys and they're getting arrested
13:23
and they're going to jail and prison
13:25
and they don't have the money for a good
13:27
lawyer and it's not fair and I sought to
13:29
kill a mockingbird and that poor guy and that was
13:31
wrong and look at how many blacks
13:33
have criminal records and go
13:35
to prison and something has to be done
13:37
And so something that has to be done is
13:39
instead of a lot of people getting
13:41
arrested and going to prison, who did
13:43
commit crimes then none of
13:45
them are getting arrested and going to
13:47
prison who are committing crimes, and that
13:49
makes for more crimes being committed.
13:52
Well,
13:52
and what and the thing that they don't
13:55
realize is they're setting rules
13:57
which they say are to protect the
13:59
poor. but what they
13:59
end up doing are is tying the
14:02
hands of judges so they can't
14:04
even address gang members,
14:06
organized crime, or career
14:08
criminals. So as
14:09
long as you just stay on that one
14:11
climb, like, what what New York did
14:13
is, if you're arrested for this set of
14:15
crimes, you get released on no bodge. Yeah.
14:17
Harris County you released on a hundred
14:19
dollar free bond. And so it's
14:21
the same result. But in New
14:23
York, at least they acknowledge it. They've
14:25
rolled back parts of it. twice now, and they're
14:27
talking about having a special session. But here in
14:29
Harris County, they'll admit crimes going
14:31
up, but they won't even they have anything
14:33
to do with it.
14:37
Wow.
14:37
I've
14:39
said it before and I'm gonna say it again.
14:43
There's going to be a high profile murder
14:45
in Harris County. It's gonna
14:47
be a newscaster, it's gonna be a
14:49
celebrity, it's gonna be somebody that people
14:51
actually care about, you know, a
14:53
professional baseball player or
14:55
football player or basketball player
14:57
or a politician. It's
14:59
going to be somebody people are
15:01
gonna pay attention to because they're not paying attention
15:04
to lord of this Medina's mom. And they're
15:06
not paying attention to Michael Essien.
15:08
It's going to be somebody famous and the person
15:10
who does it is going to be out on a capital
15:12
murder bond. They will have been arrested multiple
15:14
times and they'll be out on a bond and they committed
15:17
another bond. And we'll all say,
15:18
What happened? How could this
15:21
be allowed to happen? So
15:22
I wanna go back, Ken. This guy
15:25
Michael Essien. who
15:27
was just murdered and his two year old toddler
15:29
is in the backseat and the guy
15:31
murders him and steals his car and drives it
15:33
off, realizes There's a toddler in the back
15:35
seat pulls over and runs away
15:37
and the toddler dies from
15:40
suffocation or I guess heat
15:43
heat exhaustion in the seat before
15:45
anyone discovers him. This
15:47
guy's now been charged with murder. He
15:49
here's his record. tampering
15:51
with and fabricating evidence
15:54
He's been charged with criminal trash
15:56
past. He's been charged with robbery and
15:58
threats driving with
15:59
suspended off license, driving with the suspended license, driving with suspended
16:02
license, evading arrest with a motor
16:04
vehicle, driving
16:05
with a suspended license, possession of
16:07
marijuana, possession of control substance,
16:09
assault with bodily injury,
16:11
and theft. So this guy's got
16:13
a long record. And
16:15
by the way, he was out on a
16:17
bond for criminal trespassed. You
16:20
know, he's
16:22
a he's he's a tenter box. He's
16:24
he's waiting to explode. And here
16:26
it is, a father killed and a
16:28
child dead. and and
16:30
this just continues to happen. And I guess you
16:32
see it more than anybody?
16:34
Well, I went to a forum
16:37
where these judges were asked
16:39
that question. and I got
16:41
so mad because the answer just
16:43
made me curious. Because
16:45
what the judge said is, well, we
16:47
can't We can't
16:48
we
16:49
can't keep them in jail. We have this
16:51
is what the constitution requires. We have
16:53
to set a bond in the amount they can
16:55
afford. And, you know, when a judge says
16:57
that they're like, well, this is what the constitution requires.
16:59
So you go, oh, this must be right.
17:01
The problem is,
17:02
that's absolutely wrong. That was an
17:05
argument made
17:05
on the O'Donnell case by
17:07
the plaintiffs, and it was rejected
17:09
by the Fifth Circuit. And so the
17:11
old judges were winning that case.
17:14
They were winning. That's what upset, you
17:16
know, the commissioner and his allies
17:19
and the editorial board of the
17:21
paper. And that's why they're saying, well, we got to settle.
17:23
We spent eight million dollars. Now we spent a hundred
17:25
million. Crime is going up, so we spent another
17:27
forty million. only
17:28
to arrest more people and get them into a broken criminal
17:30
justice system that they broke. And
17:32
to have judges say, well, I can't keep them
17:34
in jail because that's
17:37
they have to I have to say amount they can afford when
17:39
the fifth circuit rejected that
17:41
very argument. And he
17:44
goes, are they Are they
17:46
intentionally
17:46
lying? Or are they just
17:49
or do they really
17:50
believe that? And
17:52
I've come to the conclusion I think they're just
17:55
misleading us now. And good. Thank
17:57
you for being with us. It should politics.
17:59
If Jack
17:59
Cagle holds his seat, He will join
18:01
Tom Ramsey as a solid
18:04
conservative on
18:06
that bench, and Alex Mueller beats
18:09
Lena Hidalgo. we
18:11
can change all of this. This is
18:13
why you must get involved. This is
18:15
why we must win the selection.
18:20
gallery furniture supports and
18:22
sponsors our podcast so
18:24
that we can provide it to you
18:26
at no cost. so that we
18:28
have the team around us to get you the information
18:30
you want and hopefully in
18:32
an entertaining way.
18:35
I'm grateful that he does, and I'm grateful that
18:37
Matt gives back to the community. If
18:39
you're thinking about furniture or
18:41
a mattress, gallery furniture, not
18:44
come.
Podchaser is the ultimate destination for podcast data, search, and discovery. Learn More