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Charges overturned for man serving 25-year sentence due to perjury, false evidence presented by former HPD officer Gerald Goines: DA

HOUSTON — A man charged with possession of a controlled substance has been dismissed due to perjury findings and false evidence presented by former Houston Police Department officer Gerald Goines, the Harris County District Attorney’s Office said.

Goines, who is linked to a deadly home invasion that left two dead, has been arrested and charged for his role in the 2019 incident. Goines faces two counts of murder in the death of Rhogena Nicholas and by Dennis Tuttle. Several other HPD officers are accused of falsifying documents about drug payments to informants in the deadly Harding Street raid case.

(Raid Summary)

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Frederick Jeffery is currently serving a 25-year prison sentence for possession of a controlled substance, according to the DA. Jeffery was convicted in 2018 based almost exclusively on Goines’ testimony.

Prosecutors agreed on Thursday that Jeffery was entitled to bail while the Court of Criminal Appeals considers the new evidence.

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

According to the DA, the Goines case is ongoing. He also faces federal charges for violating the civil rights of Tuttle and Nicholas.

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In Jeffery’s case, prosecutors said new evidence supported a finding that Goines lied in his affidavit in support of a search warrant for a home in the 2800 block of Nettleton Street. A controlled purchase that served as the basis for obtaining a search warrant was fictitious. The state also believes Goines lied at trial about a statement Jeffery allegedly made regarding the ownership of a cell phone linking him to the narcotics found in the house.

Goines’ two false statements were made under oath, the prosecutor said. Goines invoked his Fifth Amendment right not to testify in Jeffery’s post-conviction proceedings.

Following the Harding Street murders, the prosecutor’s office advised hundreds of people convicted on Goines’ testimony that their convictions may have been jeopardized by similar misconduct. Jeffery was one of those informed.

On Friday evening, Jeffery’s mother, Tina Baldwin, saw her son released from the Harris County Jail. They kissed.

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“Impressive. [It’s] A blessing. Thank God. Thank goodness,” Baldwin said as he hugged Jeffery.

Jeffery said there were times when he felt like he was losing hope, but relied on prayer circles and his family for comfort and encouragement.

“It was a struggle. Some days I felt like this, some days I broke down and cried,” Jeffery said.

Now the two are all smiles.

“We’re going to eat something!” said Baldwin.

Jeffery is on a public relations obligation. Prosecutors said the Court of Criminal Appeals must uphold the judge’s recommendation to dismiss the case before it is formally dismissed. However, the family is convinced that there should be no problems.

“We have to wait for the Court of Criminal Appeals to uphold the judge’s recommendation to overturn his conviction,” prosecutor Josh Reiss said. “Meanwhile, he is still technically in custody but he is not incarcerated. And, if the Court of Criminal Appeals agrees that his conviction should never have happened, his conviction will be overturned and the State of Texas will formally dismiss his case.

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Previously related stories:

2 former HPD officers involved in Harding Street raid charged with participating in organized crime

6 former HPD officers including Gerald Goines and Steven Bryant face 15 new crimes in botched Harding Street raid

Murder charge dropped against ex-HPD officer in deadly Harding St. raid, DA says

Victim of ex-HPD officer Gerald Goines files legal action after spending 7 years in jail

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FULL REPORT: HPD Narcotics audit found 404 errors in over 200 cases involving Gerald Goines and Steven Bryant

Former HPD officer Gerald Goines was secretly released after securing $150,000 bail

Woman charged with making fake 911 calls during botched Harding Street raid in police custody after breaching bail, court records show

Legal experts applaud Harris County district attorney for seeking to quash cases linked to former HPD officer

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