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HPD Chief Cleared In Perjury Case

Chief To Return To Job

POSTED: Thursday, January 23, 2003
UPDATED: 5:39 pm CST January 23, 2003

A judge sided with Houston Police Chief Clarence Bradford Thursday afternoon and issued a directed verdict, throwing out the perjury charges filed against him.

"In my 25 years in law enforcement, criminal justice and the law, never in my wildest dreams did I envision a frivolous complaint leading to such a bogus indictment," Bradford said minutes after the verdict. "For me and my family, this has been unnecessarily exhausting, but we must move forward."

After prosecutors wrapped up their case, attorneys for Bradford asked State District Judge Brian Rains to dismiss the case, claiming the state had not proved the chief had lied about his use of profanity during an administrative hearing. Rains agreed.

Bradford's attorneys said the judge made the right decision.

"The evidence wasn't there, wasn't there from the beginning and the judge recognized it and did what the law requires him to do," said Bob Bennett, Bradford's attorney.

"A failure of memory is not a crime, not yet in this country and that's all this was," said Rusty Hardin, Bradford's attorney.

Bradford and his wife, Dee, seemed ecstatic after the verdict.

"We are very happy, very happy," Dee Bradford said.

Prosecutors were disappointed.

"Hey, I'm disappointed. I did my job. I did my job. We got a complaint. It's not my job to sweep it under the rug," said Don Smyth, Harris County prosecutor.

The mayor's office told News2Houston that since Bradford was acquitted, he has automatically been reinstated as police chief and can pick up his badge and his gun.

Bradford had been suspended with pay and had temporarily surrendered his badge and his gun until the trial was over.

During jury selection this week, several potential jurors told attorneys they doubted the case's legitimacy and thought the charges were politically motivated.

The judge's ruling came after an assistant police chief testified he had warned Bradford that an officer's hearing to appeal a reprimand for use of foul language would reveal his own history of using profanity on the job.

J.L. Breshears, the Police Department's executive assistant chief, told jurors that at the May 22 grievance hearing for Capt. Mark Aguirre, he was "surprised, shocked even" when Bradford testified he hadn't cursed him and two other officers in late 2000.

"It was clear (Bradford) had not admitted to the use of that word," he said.

Bradford was indicted Sept. 6 based on discrepancies that surfaced in a disciplinary case involving alleged use of foul language by Aguirre, a 23-year police veteran.

During Aguirre's hearing, Bradford was asked if he might have called Breshears a vulgar name.

Bradford testified he had used profanity at meetings, but did not remember calling Breshears the name. Breshears later contradicted Bradford.

Houston Police Chief C.O. Bradford

During Thursday's court testimony, Breshears said he was one of three officers who Bradford called into his office and chided in November 2000 for failing to provide adequate safety for Mayor Lee Brown's family.

Bradford cursed them at that meeting, Breshears said.

"He said, 'Sit down, shut up. All you (expletive) are in trouble,"' Breshears testified.

Breshears said he had warned Bradford several months before Aguirre's hearing that this incident would come up.

Bradford has hired three of Houston's top defense attorneys, Rusty Hardin, Robert Bennett and George "Mac" Secrest.

Hardin attempted to show that Bradford wasn't sure about the context in which he used the word. Hardin pointed out that if Bradford had indeed lied during the hearing, he had to have known his statement would later be contradicted by Breshears.

"Does (Bradford) strike you as suicidal?" Hardin asked Breshears, drawing laughter from the courtroom.

The morning session was also punctuated by several sharp exchanges between Hardin and State District Judge Brian Rains. At one point, Rains cleared the jurors out of the courtroom and argued with Hardin, saying he was taking too much time with his questions.

"Move it along," Rains told Hardin.

If he had been convicted of aggravated perjury, a third-degree felony, Bradford could have faced a range of punishment from probation to 10 years in prison.

Bradford said that he would take a few days off to be with his family before returning to work.

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