HARRIS COUNTY, Texas (KTRK) — The implementation of a new law in Texas, effective Friday, which places emphasis on certain cases in court proceedings, is presenting challenges for the Harris County District Attorney’s Office due to a significant backlog at the city’s crime lab.
Harris County District Attorney Kim Ogg strongly supports SB 204, a law that gives priority to murder and capital murder cases in court. This legislation, authored by local senators and backed by substantial legislative support, seeks to expedite the trial process for these serious crimes.
During a news conference on Wednesday, Ogg expressed her belief that the public understands the necessity of prioritizing murder cases. She emphasized that the community wants swift resolution for such cases to ensure public safety.
Leticia Ybarra also spoke at the news conference, marking the third anniversary of her daughter Jessica Perez’s tragic murder. Although Jessica’s killer, Andrew Montana Webster, pleaded guilty to her murder and received a 40-year prison sentence in July 2023, Ybarra conveyed the anguish of waiting for closure in the case.
Ybarra shared, “Each day is another day that I don’t know what’s going to happen. Is he going to be set free?”
According to data from the DA’s office, out of the over 34,000 pending cases in Harris County criminal courts, 1,816 of them are capital murder or murder cases.
Ogg acknowledged that this prioritization does de-prioritize other crimes by definition but maintained that they are addressing what the public and law enforcement deem crucial for public safety.
However, Joe Vinas, president-elect of the Harris County Criminal Lawyers’ Association, expressed concerns about the new law’s impact on the backlog. He contended that clients facing charges other than murder might end up spending more time in jail awaiting trial resolution, while newer cases are pushed to the forefront.
Vinas argued that cases of murder or capital murder take weeks to try, whereas lesser offenses can be resolved within days. He proposed that focusing on clearing the backlog should involve addressing these lesser offenses.
As of the previous week, Harris County’s Jail held 913 murder or capital murder suspects, constituting roughly 10% of the jail population.
While the new law has the potential to alleviate jail overcrowding, its execution faces a significant challenge. Ogg, alongside Sarah Seely, the homicide division chief in her office, and Houston Police Officers’ Union President Doug Griffith, highlighted the backlog at the city-funded Houston Forensic Science Center.
The crime lab, responsible for analyzing evidence collected by Houston police, reported extended wait times on their website: 330 days for firearm analysis, 326 days for mobile devices, and 231 days for DNA evidence. Officials at the news conference contended that actual wait times might be even longer.
Seely explained that these prolonged wait times hinder their ability to bring cases to trial promptly, particularly when scientific evidence is lacking.
The Houston Forensic Science Center responded to concerns raised by law enforcement. They acknowledged the challenges posed by the new law and emphasized the need for proactive planning and cooperation among agencies.
Griffith reiterated his call for the lab’s president and CEO, Dr. Peter Stout, to resign during the news conference.
The DA’s office requested representation on the lab’s board and the option to outsource evidence analysis. In response, the City of Houston announced that they have allocated $4.95 million to the Houston Forensic Science Center for various purposes, including overtime, trainings, outsourcing, temporary labor, and software.
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