Harris County DA Drops 90 Cases Over Evidence Missing from Pct. 4 Constable's Office

HOUSTON, TX — The Harris County District Attorney's Office dismissed 90 pending cases — misdemeanors and felonies — after a deputy at the Harris County Pct. 4 Constable's Office improperly destroyed evidence.

In January, a deputy destroyed evidence in order to make space in the constable's filled-to-the rafters property room. Harris County Pct. 4 Constable Mark Herman claims that he didn't learn of the destruction until late March or early April, about four months after the evidence was destroyed.

Although Herman contacted the district and county attorneys' offices to inform them about the evidence destruction immediately after he learned about it, defense attorneys didn't learn about the evidence destruction until mid-August.

Why it took about four and one-half months for information about destroyed evidence to be revealed to defense attorneys has not been explained. So far prosecutors have yet to issue any Brady notices, which inform defendants about exculpatory evidence.

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