Lemberg being sued for abuse of power
Employee says he was fired for not helping her bury a case against a police officer under 2 internal affairs investigations.
Fired prosecutor sues District Attorney Rosemary Lehmberg
Detective Anthony Nelson talks about evidence collected following the killing of officer Jaime Padron in the capital mu rder trial of Brandon Daniel. DEBORAH CANNON / AMERICAN-STATESMAN
Former prosecutor Steve Brand, left, and defense lawyer Jon Evans, right, confer at the bench with Judge Julie Kocurek in the capital murder trial of Darius Lovings. RALPH BARRERA / AMERICAN-STATESMAN
By Tony Plohetski and Jazmine Ulloa
American-Statesman Staff
A former top prosecutor is suing Travis County District Attorney Rosemary Lehmberg, alleging she fired him after he triggered a Texas Rangers review of her actions when he reported that she tried to pressure him into protecting an Austin police homicide detective under two internal affairs investigations.
Steve Brand, who had served as an assistant district attorney since 2006, was let go last month following comments he made in court that Lehmberg said she found racially offensive and had caused a judge to release an entire jury panel. But Brand contends his sudden termination stemmed not from the statements, but from his cooperation in the police investigations against detective Anthony Nelson, who Brand said was untruthful on the stand during a murder trial in January.
Lehmberg has declined comment on the allegations. Requests for comment to the Austin Police Department have not been immediately answered.
The whistleblower complaint filed Tuesday says Lehmberg asked Brand to downplay false testimony Nelson gave in the trial of Darius Lovings, convicted of killing a motorist who authorities said tried to help Lovings when Loving pretended to have car trouble.
Nelson told prosecutors that he had lost control of the crime scene that night and asked that they keep it “just between us,” according to the complaint. But Brand reported the statement to Lovings’ lawyer, Jon Evans, considering it evidence favorable to his defense and that he was legally bound to divulge, the records state.
On the witness stand in trial, Nelson admitted he lost control of the scene but denied “having asked Brand to keep the admission ‘between us,’” according to the documents.
Brand said Lehmberg told him multiple times that the incident — which led police to initiate two separate internal investigations — had been “blown out of proportion.”
In a statement, the Texas Department of Public Safety said, “The Austin Police Department did contact the Texas Rangers, who conducted an inquiry related to the Travis County district attorney’s office in early April to determine if a full investigation was warranted. The Rangers determined further investigation was not warranted and that a criminal offense had not been committed. The inquiry was then closed.”
Brand’s lawyer, Tom Nesbitt, said his client was wrongfully terminated.
“He cooperated in a police investigation,” Nesbitt said. “He resisted Rosemary Lehmberg’s attempt to influence what he would say in that investigation, and he was retaliated against.”
Brand did not believe Nelson had intentionally lied during the trial, but he did not think it was a mistake or “no big deal,” Nesbitt said. “He wasn’t willing to say that,” he said.
“Rosemary Lehmberg has said that she terminated Steve Brand because he doesn’t share her values,” Nesbitt said. “I think this case will delve into just what are Rosemary Lehmberg’s values, and I can tell you what Steve Brand’s values are — he expects witnesses in his trials to tell the truth, even if they are police officers.”
Brand is now working in private practice as a defense attorney.
statesman.com |
