[Chronicle]Officer had nude photos of suspect, report says

He downloaded them off her cell phone after her DWI arrest, document shows
By STEVE MCVICKER
Copyright 2005 Houston Chronicle

It began as the fairly routine arrest of a drunken-driving suspect on a Houston street.

It quickly evolved into a maze of questions as investigators checked out reports that a Houston police officer had found nude photos of the driver stored in her cellular phone, downloaded them and later showed them around the courthouse.
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Patrolman Christopher Green has been reassigned to desk duty pending the outcome of an internal investigation. His partner, George Miller, also has been reassigned while the department looks into reports that he called the DWI suspect's home to ask her out.

"We're sort of waiting to see what's going to happen," said Houston Police Officers' Union attorney Aaron Suder, who represents the officers.

Complicating matters is the fact that the 25-year-old woman, a native of China who is here on a student visa, speaks little English, her attorney says.

Suder and Police Department officials would not discuss details of the investigation Thursday. Suder also said the officers would not comment.

However, according to a search warrant request by the Harris County District Attorney's Office, the two officers assisted when the woman was arrested Nov. 24 on suspicion of driving while intoxicated.

Phone taken during search
During the arrest, they discovered that the woman had stored sexually explicit photos of herself in her cell phone, and Green downloaded the images onto his personal digital assistant, according to the search request.

The district attorney's office sought the warrant after being contacted by attorney Ned Gill, who is defending the woman against the DWI charge.

The warrant was granted in February, and an investigator confiscated Green's PDA during a search of his home.

Gill said he has no idea why his client, a Houston Community College student, had nude photos of herself on her cell phone.

He said he also doesn't know why the officers examined the phone.

Two weeks after the arrest, he added, the woman received a phone message from Miller, inviting her to join him at a restaurant.

Gill said he gave the district attorney's investigator a copy of the tape, dated Dec. 9.

According to court records, Miller acknowledged making the phone call, but said he was merely attempting to help the woman get an attorney.

Deputy says he saw photos
Court records do not indicate whether the PDA that was found in Green's home contained the nude photographs.

However, the search warrant request states that Deputy Sheriff Toby Devine told the investigator that Green showed him the photos on a day in January when the woman had a court hearing.

Devine works as a bailiff in that court.

Assistant District Attorney Celeste Carter told the investigator that Green also showed the pictures to her, according to the document.

Assistant District Attorney Edward Porter, who has been reviewing the evidence for possible criminal violations, refused to comment.

HPOU attorney Suder said he doubts the officers will face criminal charges, but he's not sure about possible disciplinary action.

"I suspect the department will do something in the next couple of months," Suder said.

steve.mcvicker@chron.com

http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/3101557

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