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Harris County DA Ogg agrees conviction in drug case was faulty

July 21, 2022

The Harris County District Attorney’s Office agreed today with Frederick Jeffery that his conviction for possession of a controlled substance should be reversed due to perjury and false evidence presented by former Houston Police Department Officer Gerald Goines. 

Jeffery is serving a 25-year prison sentence for possession of a controlled substance. His 2018 conviction was based almost exclusively on Goines’ testimony. 

Prosecutors agreed that Jeffery is entitled to a bond while the Court of Criminal Appeals reviews the new evidence. 

“Frederick Jeffery’s case is a due process disaster,” said Kim Ogg, Harris County district attorney. “In the wake of Harding Street, it is clear that Gerald Goines and other members of the Houston Police Department Narcotics Division engaged in a years-long scheme involving fictional drug buys, perjured warrants and phony overtime. Individuals like Frederick Jeffery were collateral damage.”

In 2019 Goines was charged with murder and tampering with a government record for lying in an affidavit to obtain a no-knock warrant for 7815 Harding Street. Dennis Tuttle and Rhogena Nicholas, who resided at that address, were shot and killed by the Houston Police Department when the warrant was executed.

Goines’ case is pending. He also faces federal charges for violating the civil rights of Tuttle and Nicholas.

In Jeffery’s case, new evidence supports the conclusion that Goines lied in his affidavit supporting the warrant to search a house in the 2800 block of Nettleton Street. A controlled buy used as the basis to obtain a search warrant was fictional. The State also now believes Goines lied at trial about a statement Jeffery purportedly made regarding ownership of a cell phone linking him to the narcotics found in the home. 

Both of Goines’ false statements were made under oath. Goines invoked his Fifth Amendment right not to testify in Jeffery’s post-conviction proceeding.

In the wake of the Harding Street murders, the Harris County District Attorney’s Office notified hundreds of individuals convicted on Goines’ testimony that their convictions may have been compromised by similar misconduct. Jeffery was one of those notified.