HOUSTON – The former Houston police officer accused in the botched Harding Street raid is now accused of perjury in a case that dates back more than a decade.
Gerald Goines made a brief appearance in court Thursday after Otis Mallet, a man Goines arrested 12 years ago claimed Goines perjured testimony, causing Mallet to be wrongfully convicted.
Mallet was arrested in 2008 after being accused of cocaine possession. He was convicted and served two years in prison before he was released on parole.
The jury convicted Mallet, largely based on the testimony of Goines, who is now awaiting trial himself on murder and civil rights charges in connection with a botched raid in January 2019 that left two people dead. Mallet alleges that Goines lied on the stand and withheld evidence that should have been made available to Mallet’s trial lawyer.
More than a decade later, the Harris County District Attorney, Kim Ogg, agrees with Mallet.
“We agree that false testimony was given by G. Goins in the trial of Mr. Mallet back in 2008," Ogg said. "We also agree that he failed to disclose relevant evidence to our prosecutor who then failed to disclose it to the defense through no thought of her own.”
Goines allegedly lied about paying Mallet $200 to buy crack cocaine. He’s also accused of not revealing that he paid a confidential informer in the case.
A subpoena was issued for Goines in this case but he did not appear in court Thursday morning, saying he was recovering from surgery after he was injured in the Harding Street Raid. But Judge Ramona Franklin insisted he appear so he came to court Thursday afternoon, just long enough to invoke his Fifth Amendment right.
“We cant talk right now," said Goines’ lawyer, Nicole Deborde. "We have pending investigations and pending cases and both state and federal court.”
Prosecutors support Mallet’s effort to have his conviction overturned, but say they need more time to study whether he should be declared actually innocent. No decision was made in court Thursday.
The hearing will continue on Feb. 3. After the judge rules on Mallet’s request, she will send her recommendations to the Texas Court of Criminal Appeals which has the authority to overturn convictions.