Local News
Former defense attorney accusing former prosecutor of hiding evidence had troubles with law
07:06 AM CST on Wednesday, November 19, 2008
A former defense attorney accusing a former Dallas County prosecutor of withholding evidence in a sexual assault case from the 1990s has had his own troubles with the law.
V. Ray Davis, who says the prosecutor in the case did not tell him the victim in the case recanted, was convicted of bribing another prosecutor to get a client's case dismissed. He was sentenced to two years in prison.
Mr. Davis represented Antrone Lenelle Johnson, who was freed this week when the district attorney's office agreed with Mr. Johnson's attorneys that evidence was withheld when he pleaded guilty in 1995 and received 10 years' deferred adjudication.
The deferred adjudication was later revoked when he was accused of a separate sexual assault, and he was sentenced to life for the first assault.
Judge Robert Francis has recommended overturning Mr. Johnson's conviction, but the Texas Court of Criminal Appeals will make a final decision.
The prosecutor in the case, Patricia Hogue, said she did not withhold evidence and questions why the district attorney's office would side with Mr. Davis without talking to her, asking her to review the file or calling her to testify.
"Why is his word better than mine?" asked Ms. Hogue, who was fired along with other top prosecutors when current District Attorney Craig Watkins took office.
Mr. Davis did not return phone calls seeking comment, but in court records he said he was not told about the contents of an unsigned note in the prosecutor's file that says the victim told prosecutors Mr. Johnson did not assault her.
Prosecutor Mike Ware, who oversees the conviction integrity unit and is now handling Mr. Johnson's case, said this week that he did not find Ms. Hogue believable, so he did not consult her about the case.
Mr. Ware, who was hired after Ms. Hogue was fired, said Tuesday he did not know the specifics of the charge against Mr. Davis.
Mr. Ware said the prosecution file spoke for itself. There was no notation of the district attorney's office telling Mr. Davis about the girl's statement. Mr. Ware also said it was not mentioned in the transcript of the plea agreement.
Mr. Davis was convicted in 1998 of trying to bribe a prosecutor, who is now a felony court judge. Mr. Davis was sentenced to two years in prison and fined $10,000.
Mr. Davis resigned his Texas law license rather than face discipline after the conviction, State Bar of Texas records show. He is no longer allowed to practice law in the state.
Bar records also show that the bar disciplined him twice in the 1990s.
No disciplinary action from the bar was found for Ms. Hogue, who says she's not working right now.
In the bribery case, Mr. Davis asked Robert Burns "what would it take" to reduce his client's charge so that the client would avoid jail time. Mr. Burns reported what he thought was a bribery attempt, according to court records.
Then, in late 1996, the Texas Rangers set up a sting between Mr. Davis and Mr. Burns. They met for lunch at the Zodiac Room in Neiman Marcus. Mr. Davis agreed to pay Mr. Burns $5,000 for a case dismissal, and he gave him $1,000 in an envelope as a down payment.
Texas Rangers arrested Mr. Davis after he left the restaurant.







