Is Harris County District Attorney Kim Ogg Responsible For Keeping A Wrongly Convicted Man in Prison For 20 Years?

Houston, Texas – 03-06-2019 ( — In 1997, Houston resident Lamar Burks was convicted of killing Earl Perry and sent to prison for 70 years. Now, Burks’ family is asking the Harris County District Attorney’s Office to review the case after one of the Drug Enforcement Administration agents involved — Chad Scott — was indicted in New Orleans on a slew of federal charges, including perjury and falsifying evidence in an unrelated case.

On January 14, 2019, Burks filed a Writ of Habeas Corpus in the 208th Judicial District Court before Judge Greg Glass. On February 5, 2019, Judge Glass entered an order recommending the writ be granted and Lamar be released. However, on February 14, 2019, Harris County DA Kim Ogg filed a motion refusing to agree with the Judge’s order.

[Below are links to the three pdf files of the filings and the Judge’s order.]

The sole witness against Burks was Derevin Whitaker a five time convicted felon. Whitaker was a government informant working for disgraced former DEA Agent Chad Scott. According to a recently filed appeal in the Burks case new evidence reveals Whitaker was the person who killed Perry. [Citation: Lamar Burks V. State of Texas file # 08439680101C / 83415462: APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.0701/14/2019]

Judge Gregg Glass of the 208th judicial district court in Harris County recently sided with Burks and recommended his release (pursuant to Texas code of Criminal Procedure article 11.65 all parties have to agree). However, at the last minute Harris County District Attorney Kim Ogg filed a motion to withdraw the agreement (siding with Chad Scott & Whitaker).

“This is a travesty of justice at the highest level. My Father has been rotting in prison cell for two decades. Ms. Ogg needs to be held accountable. She is putting her political ambitions ahead of Judge Glass’ order which granted Lamar’s release (and recommended that the writ of habeas corpus be granted).” Said Jada Burks, Lamar Burks’s daughter. “The fact that Ms. Ogg is basing her decision on evidence from a rogue former DEA Agent who is under indictment (Chad Scott) for committing crimes (there’s a trail of cases that have been overturned or dismissed) is another reason why action desperately needs to be taken for my Father.”

Why would Harris County District Attorney Kim Ogg keep an innocent man in prison for over 20 years in the face irrefutable evidence?

Whitaker has recently been named as a primary suspect in the December 9, 2018 robbery ambush killing of Quentin Roach aka Poppa Roach. Whitaker remains at large.

Reference Document 1: Jan 14th, 2019

Reference Document 2: Feb 2nd, 2019

Reference Document 3: Feb 14th, 2019 


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