August 18, 2020
Judge Ramona Franklin, of the 338th District Court, has signed District Attorney Kim Ogg’s motion to dismiss Otis Mallet Jr.’s 2008 drug convictions, prosecutors announced Monday.
In her motions, Ogg asserted that “no credible evidence exists” against Mallet, and that the convictions were the direct result of false trial testimony by then Houston Police narcotics officer Gerald Goines. Prosecutor Josh Reiss, representing the District Attorney, moved to dismiss on the basis that Mallet was actually innocent of his 2008 convictions.
“What happened to Mr. Mallet was the result of deliberate lies testified to by Gerald Goines and relied upon prosecutors years ago,” Ogg said Monday. “No matter how long it takes, we are going to see that justice is done for every person victimized by this corrupt officer. This dismissal is a down payment on restoring community trust in our criminal justice system.”
The Texas Court of Criminal Appeals recently agreed with the Harris County District Attorney’s Office and Mallet’s defense counsel that the case should be returned to the trial court for dismissal or prosecution. The District Attorney’s motion to dismiss and their bases entitled Otis Mallet, Jr. to state compensation.
The District Attorney’s Office has previously asked Harris County’s twenty-two (22) felony judges to appoint lawyers to hundreds of persons convicted in cases tied to Goines so that they can properly explore determine legal options.