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Don A. Hecker
Houston Trial Lawyer!
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Prison Guard not guilty of threatening her boss

by Don Maines


   A former prison guard was found not guilty Wednesday of threatening her sergeant with physical violence.
   Lillian Madison, 27, of Humble was accused of retaliation, a third degree felony for the incident that allegedly occurred last July 24 at the Texas Department of Correction's Central Unit in Sugar Land.
    Sgt. Martin Lopez complained to internal affairs that Madison allegedly threatened him, TDC officers arrested her and she was held in county jail until she made bail of $5,000. She allegedly said "I hope you wear your bullet proof vest every day, because if not, I'm going to get your a--."
   A Fort Bend County grand jury indicted Madison last Aug. 14.
     A jury in 240th District Court took about half an hour to find Madison not guilty.
   Her attorney, Don A. Hecker, got out of bed with the flu to defend Madison. "I felt very, very strongly about this," he said. "The jury felt just like we did. They didn't believe she said it."

   "We were able to show, in fact, there was an investigation, and in that investigation (the defendant) failed to participate against another officer," said Hecker.
   "Then she was investigated, too, for allegedly breaking employment rules," he said. "But it was in retaliation, which ironically is what she was charged with."
   "We called a guard who is still at TDC who testified to facts that pretty much showed she didn't threaten Mr. Lopez."
   Madison has suffered financially, "I don't know how much," Hecker said.
   "First of all, the pressure was so intense that she resigned and took a job at Chik-Fil-A for much, much lower pay," he said.
"She had to make bail. She had to pay me."
   Judge Gerald Goodwin, visiting from the 159th District Court in Lufkin, presided over the two-day trial since 240th District Judge Thomas Culver was busy with voir dire jury selection for an upcoming capital murder trial.

Burglary suspect found not guilty, but with a twist

by Don Maines


A 19-year-old Rosenburg man was found not guilty Wednesday of stealing a Nintendo video game from his friends' home.
   However, Shaun Lamont Richardson might have jumped out of the frying pan into the fire with his testimony in the burglary trial allegedly incriminating him with regard to another crime.
   "No doubt," said Richardson's attorney, Don Hecker. "By his own admission, he lied. He testified he told a Rosenberg police detective  a certain individual had given the video game to him to pawn, and that name was absolutely false. That kid was at school at the time"
   A jury in 268th District Court apparently believed Richardson's testimony that he did not enter the home of his friends on

Feb.15 with the intent to steal the video game.
   "In fact," said Hecker, "there was no evidence he was ever present at the house."
   Prosecutor Pedro Ruiz said police found Richardson's cell phone at the house, but Richardson told the jury the phone wasn't working and he didn't remember leaving it there.
   Richardson said when he found out the video game he pawned was stolen, he paid $72 to get it back and he returned it to it's owners.
   Ruiz said "I thought at the very least, if you believe his testimony, he committed a crime, and he may have to face the consequences of making a false report to a peace officer."

Man not guilty of assault

by Stephen Palkot


   A Houston man accused in two separate cases of first degree felony aggravated sexual assault of a child was exonerated this week in one case.
   Jesse Lee Finney, of Houston stood accused of molesting a family member numerous times between may 1,2001 and April 13, 2003. A jury found Finney not guilty Wednesday evening in the 268th District Court of Judge Brady Elliott.
   Defense attorney Don Hecker said he believes the jury reached it's conclusion due to the inconsistent testimony of the complainant.

   "If you look at what she told the jury, the detectives, the psychologist and others, it was all different. When you look at it all, there were several times when the statement was completely different," he said.
   Prosecutor Suzy Morton said she did not wish to comment on the trial, citing Finney's pending case of aggravated sexual assault of a child.
   Finney, a convicted felon who served prison time, stood to serve between 25 years to life in prison.

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