Houston Press

Houston defense attorney Randy Schaffer says the only solid evidence Harris County prosecutors had against his client in his 2002 capital murder trial was that he admitted to being present when his drug dealer was killed.

But then a jailhouse witness named Karl Jones took the stand, and he told the jury that, yes, actually, David Holford had confessed to committing the murder while they were sitting in the privacy of a holdover cell. Holford was convicted.

Jailhouse snitches are always a red flag to Schaffer, who says that in his 40-plus years of experience he has never once encountered jailhouse witness testimony used ethically in a capital case. There’s a certain irony about these jailhouse snitches: They are the most inherently unreliable witnesses, yet they are often testifying in the most high-stakes trials. Their testimony is generally only necessary when most other evidence against defendants is weak — yet those are also the cases in which a wrongful conviction is most likely.

And so when Schaffer encounters them in a capital case like Holford’s, he digs. To start, Schaffer found Jones had only agreed to testify against Holford if prosecutors could offer him something in return. In this case, prosecutors told him they could write a nice letter to the parole board if he cooperated — the hallmark of a jailhouse informant case, Schaffer says.

Next, Schaffer was able to dig up the prosecutors’ written summary of their first conversation with Jones — and it turns out Jones had told them a different story than the one he told in court. Schaffer says he originally told prosecutors Holford confessed while they were linked on a chain of prisoners, chaperoned by deputies as they walked through the underground tunnel leading from the courthouse to the jail. Schaffer now alleges that prosecutors coached Jones into changing his story so it would be more believable to a jury, then buried any documentation of the first conversation and kept it from Holford’s defense counsel. When Schaffer asked for the recording of the initial conversation with Jones, Schaffer said he was told the recording didn’t exist because Jones wouldn’t let prosecutors record it. “Since when is the DA's office allowing a prison inmate to tell them what to do?” he said. [MORE]