| On April 10, 2018, Officer Gerald Goines of the Houston Police Department in Texas arrested 40-year-old Katina Barley and charged her with delivery of a controlled substance.
In court papers, Goines said that Barley had sold him less than 1 gram of crack cocaine.
Barley pled guilty to the charges in Harris County Criminal District Court on June 20, 2018, and was sentenced to 180 days in the county jail.
On January 28, 2019, Goines led a raid on a home belonging to 59-year-old Dennis Tuttle and his 58-year-old wife, Rhogena Nicholas. Goines obtained a no-knock warrant after telling a judge that he had set up a controlled buy of narcotics there using a confidential informant. Goines, his partner, Steven Bryant, and other officers broke down the front door of the home and shot a dog that they said lunged at them, which prompted a gun fight. Tuttle and Nicholas were killed.
The Houston Police Department opened an investigation. When Goines’s informant could not be found, Goines eventually admitted there wasn’t an informant.
In April 2019, the Harris County District Attorney’s Office dismissed several dozen pending cases involving Goines and Bryant and began reviewing more than 2,200 cases the two officers handled throughout their careers.
In August 2019, Goines was charged with felony murder, and Bryant was charged with tampering with a government record after the raid. By then, Goines and Bryant had retired. Goines was indicted by a federal grand jury in November 2019 on charges that he deprived Tuttle and Nicholas of their civil rights by killing them.
The Conviction Integrity Unit of the Harris County District Attorney’s Office conducted a review of cases between 2009 and 2019 where Goines was a principal player in the arrest. In February 2020, District Attorney Kim Ogg said that the review found 69 defendants who might have been convicted on false evidence presented by Goines. Her office then notified these persons.
Barley, represented by the Harris County Public Defender’s Office, filed a petition for a writ of habeas corpus on April 30, 2024. The petition said her plea was involuntary and that the state used false evidence obtained by Goines to induce that plea.
In the petition, Barley said she did not possess any drugs and that she pled guilty after the prosecutor offered her a deal. Barley said the false guilty plea had harmed her life in other ways, making it difficult to find a job and housing.
The district attorney’s office joined with Barley in recommending that her habeas petition be granted. On June 17, 2024, a judge in Harris County Criminal District Court accepted the joint recommendation and referred the case to the Texas Court of Criminal Appeals. In his referral, the judge noted that police officers did not recover any of the marked bills Goines was said to have given Barley.
The appellate court granted Barley’s petition and vacated her conviction on September 4, 2024. The state dismissed Barley’s charge on October 11, 2024.
In September 2024, a jury in Houston convicted Goines of two counts of murder. He was sentenced on October 8, 2024, to 60 years in prison.
– Ken Otterbourg
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