2nd man convicted on false testimony by Gerald Goines declared innocent

HOUSTON, Texas (KTRK) -- A second man has been declared "actually innocent" by the Harris County District Attorney's Office as fallout from disgraced former Houston Police Officer Gerald Goines continues to grow.

Thursday morning, Steven Mallet was in court to hear both prosecutors and defense attorneys agree: that he never participated in a drug deal that sent him to jail for 10 months, more than a decade ago.

The declaration today came 10 days after Mallet's older brother, Otis, was also declared "actually innocent" on the same case.

Both men were arrested by former officer Gerald Goines for an alleged drug transaction on Danube Street in 2008.

As a result of their cases, DA Kim Ogg's office has reviewed all cases involving Goines from that point forward. On Thursday, they announced that out of 441 cases involving Goines, 263 cases resulted in convictions of 234 defendants.

"There are 263 convictions where if someone files a claim for relief, and Gerald Goines played a substantial role in that conviction, we're going to assume he lied," said Josh Reiss, the prosecutor heading up the review of all these cases.

Steven Mallet showed some relief but, said little as he walked out of court

"Very glad it's over with, that's all," he said.

In the original case, then undercover officer Goines alleged that he gave $200 to Steven Mallet, who then rode a bike to his brother Otis, and bought crack, then gave the crack to Goines.

Both men were arrested.

Otis Mallet went to trial, was found guilty, and spent two years in prison. He has always maintained his innocence, but Otis Mallet's case gained steam after the botched Harding Street raid where Goines was the case agent. He was declared actually innocent on Feb. 3.

Steven Mallet, after being held in jail for nine months, took a plea deal for time served. He always said he was innocent, but agreed to the deal to move on with his life

"He pled guilty because he had been in jail for 10 months and they were offering him a deal basically for time served," said public defender Bob Wicoff. "He had been offered a deal prior to that which would have given him time served, but a condition of that is you testify against your brother, and he said it didn't happen."

"This happens a lot where people have to get out and resume their lives, they got jobs and families, they pled guilty even when they're not just to get out," said Wicoff, adding he has other clients sent to prison based on Goines testimony that could be similar situations.

Ogg and Reiss did not know how long it would take to work through the 263 other convictions they have identified as having Goines involvement.

The former officer is facing both state and federal charges on the botched Harding Street raid that killed Rhogena Nicholas and Dennis Tuttle. His former partner, Steven Bryant, was also indicted.

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