Former HPD officer found guilty in deadly Harding Street raid wants a new trial, claiming evidence was withheld

HOUSTON, Texas – After being found guilty of murder in connection with the deadly case Harding Street raid and sentenced to 60 years in prison, disgraced former Houston police officer Gerald Goines asks for a new trial.

The request comes as no surprise, as his attorneys told KPRC 2 Investigates immediately after the trial that they were appealing his murder conviction.

In September, Goines, 61, was found guilty of murdering Dennis Tuttle and Rhogena Nicholas during a no-knock raid on Harding Street on January 28, 2019, in which the couple and their dog were fatally shot.

During the nearly five-week trial, we learned that Goines, a former HPD narcotics officer, did not lie on the affidavit used to obtain the deadly no-knock warrant on Harding Street. In the affidavit, Goines claimed that the couple were drug dealers and that one of his CIs had purchased heroin from them.

Five officers were injured in the deadly raid, including Goines.

Now, Goines’ attorneys are calling for a new trial, claiming that a cell phone belonging to Tuttle was suppressed from evidence, and they believe it could have been a key piece of evidence at trial.

Goines’ attorney, Nicole DeBorde Hochglaube, filed the subpoena on Oct. 30, seeking Tuttle’s cellphone and other related devices.

The Tuttle family’s attorney, Boyd Smith, in turn filed a motion to quash the subpoena, claiming it should be dismissed for several reasons.

First, he claims the subpoena is based on “newly discovered evidence,” a claim he calls “false.” half a year.

Smith also claims that Goines had ample time to search for the “new” evidence, but failed to do so. Smith makes clear in court documents that he has no legal obligation to turn over evidence to the state, saying he is only representing the Tuttle family in a civil rights lawsuit against the city of Houston.

Smith also claims that the data on the phone is protected by a federal confidentiality order issued by Judge Al Bennett in 2021. This order, Smith says, explicitly limits the use of confidential information to the federal case. He argues that if Goines wants access, he should ask the federal court to change the confidentiality restrictions, rather than requesting the contents of the phone in the criminal trial.

Additionally, Smith claims that the data on Tuttle’s phone is not relevant to Goines’ defense. The motion alleges that Goines’ case centers on alleged false statements he made in a search warrant affidavit, which ultimately led to Tuttle’s death. According to Smith, the contents of Tuttle’s phone are not relevant to whether Goines falsified statements to obtain the warrant.

Smith urges the court to dismiss the subpoena, stating that the forced production of the phone and other devices would violate the established confidentiality order and infringe on attorney-client privilege.

The hearing on whether Goines will get a new trial is scheduled for December 4. It is not clear whether Judge Veronica Nelson will rule on the telephone request before the hearing.