Man's drug convictions dismissed in 2008 case involving ex-HPD officer Goines

Former Houston Police Officer Gerald Goines

A judge has signed an order to dismiss a man’s 2008 drug convictions, which the Harris County District Attorney asserted were the direct result of a false trial testimony by former Houston police officer Gerald Goines.

Judge Ramona Franklin, of the 338th District Court, signed District Attorney Kim Ogg’s motion to dismiss Otis Mallet Jr.’s 2008 drug convictions.

In her motions, Ogg asserted that “no credible evidence exists” against Mallet, and that the convictions were the direct result of false trial testimony by then HPD narcotics officer Gerald Goines.

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Prosecutor Josh Reiss, representing the District Attorney, moved to dismiss on the basis that Mallet was actually innocent of his 2008 convictions.

“What happened to Mr. Mallet was the result of deliberate lies testified to by Gerald Goines and relied upon prosecutors years ago,” Ogg said Monday.  “No matter how long it takes, we are going to see that justice is done for every person victimized by this corrupt officer. This dismissal is a down payment on restoring community trust in our criminal justice system.”

The Texas Court of Criminal Appeals recently agreed with the Harris County District Attorney’s Office and Mallet’s defense counsel that the case should be returned to the trial court for dismissal or prosecution. The DA’s office says their motion to dismiss and their bases entitled Mallet to state compensation.

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Goines is facing multiple charges, including felony murder and tampering with a government document, in connection to the deadly raid on Harding Street that left two homeowners dead. Goines is accused of lying about the basis for the raid.

The District Attorney’s Office has previously asked Harris County’s 22 felony judges to appoint lawyers to hundreds of people convicted in cases tied to Goines so that they can properly explore their legal options.