Constable Mark Herman wants to ignore Judicial Rulings

February 10, 2022,


The Houston Chronicle says, “More than 100 criminal cases have been refiled as part of an initiative Precinct 4 Constable Mark Herman’s office has started, he announced in a Wednesday news conference.

“The message today that I want to give out is if you come out here to Precinct 4, and you commit a crime, if your case is dismissed, you can count on it being refiled,” Herman said.”

Dear Constable Herman,

I really love your tough talk. So let me get this straight. You don’t recognize the judicial branch of the government? If a neutral & detached magistrate finds that your deputy lacked probable cause you are going to IGNORE THE JUDGE’s FINDING and just refill because you are so tough. Query, ( that’s a fancy word for question), what will you do when you arrest someone a second time and another judge finds a lack of probable cause? How tough (stupid) are you? Will you Refill a third time? How many times are you willing to refill a charge where there have been multiple judicial  findings of a lack of probable cause?

I wonder if this approach will work for the defense? If I file a motion to suppress and the judge denies it, can I just refill my motion to suppress, until the judge rules my way? I kind of think that would not play too well.


Does anybody actually think there is going to be more investigation done or is it more likely that they will be engaging in some offense report “enhancing” out there in Precinct 4?  I can see a Sgt at a blackboard speaking to the deputies, “ remember everybody in your supplement make sure to say the suspect was acting all furtive like and “it” was laying on top of the passenger seat , not under. Get er done!”

I smell a lawsuit.

Robb Fickman

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