Woman Asks Judge To Drop DWI Case After Officers Fired
Officers Fired For Downloading Nude Photos Off Suspect's Cell Phone
POSTED: 12:41 p.m. CDT May 20, 2005
UPDATED: 12:45 p.m. CDT May 20, 2005
Story by Click2Houston
HOUSTON -- A college student accused of driving while intoxicated asked a judge Friday to drop her case after the Houston Police Department fired tthe arresting officers for downloading nude pictures off her cell phone and onto a personal digital assistant, Local 2 reported.
The 26-year-old Houston Community College student and her attorney convinced a judge to subpoena officers Christopher Green and George Miller for a court hearing next Wednesday. The judge said he wants the officers to explain what happened and who saw the woman's nude pictures.
"I received five names, which included the two officers. But, there are many other officers that work for HPD (in the DWI task force) who I suspect may have seen these photos. Now, I don't know. This is all speculation on my part," the woman's attorney Ned Gill said.
Late last week, Christopher Green and George Miller were indefinitely suspended, which is tantamount to firing at the department, after a four-month investigation into the allegations.
According to a search warrant for Green's home, he transferred nude photos of the woman from her cellular phone to his PDA. The warrant also alleged that Miller left the woman a voice-mail message suggesting that they meet at an Italian cafe.
The officers have appealed their termination to the city Civil Service Commission, union attorney Aaron Suder said. A hearing is expected within 60 days.
Gill has said he has no idea why his client, a native of China who is in the United States on a student visa and speaks little English, had nude photos of herself on her cell phone, or why the officers examined the phone.
"I feel very sad about those things that happened because it is unfair to me," the woman, who asked not to be identified, said.
The attorney said he is disappointed that the district attorney's office has not thrown out her DWI case since her arresting officers were fired.
The district attorney's office told Local 2 they have not thrown out the case because they have other evidence, which includes a Breathalyzer test, blood work and video from the patrol unit's dashboard camera.
However, the firings could affect dozens of drunken-driving cases awaiting court dates. Green and Miller were assigned to the department's drunken-driving task force.
If the woman's case is not thrown out, it could go to trial in June.
Why would the DA throw out the case? The men can still be ordered into court to testify.