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September 28, 2005

Kay Bailey Hutchison was GUILTY

By Andrew Dobbs

If you've been watching the coverage of the DeLay indictment today, you've seen plenty of GOP talking heads whining about how mean and partisan ol' Ronnie Earle is (on CNN you've also seen a mention of our very own BOR!). To prove their point, they trot out the fact that he once indicted Kay Bailey Hutchison--that sweet ol' girl--and lost the case. This seems to prove that he's more interested in getting Republicans than enforcing the law, but they are wrong.

11 years ago today, believe it or not, Ronnie Earle handed down several indictments for destroying evidence and tampering with government documents. In 1994 the Dallas Observer's Miriam Rozen gained access to grand jury documents in the case against Kay Bailey Hutchison. I can't find the article online, but I managed to find a contemporaneous Texas Monthly article that quotes largely from the piece. The testimony starts with employees, former coworkers and others noting her abusive behavior around the office. She literally threw a book at a subordinate and kept her office in a state of fear while she was Treasurer. These employees testify that when she told them to start destroying documents that showed her using state-paid staff, offices and other taxpayer-funded resources for her own political activities, they made copies behind her back.

These documents proved damaging, but a technicality through most of the evidence out of the case. Many are still baffled by Earle's decision to drop the case, a decision many felt he didn't have to make. The judge, equally surprised, quickly selected and swore in a jury and instructed them to acquit her, rather than simply dropping the case. As a result, the charges died and most Texans have forgotten that Kay Bailey Hutchison was a prime suspect in a large-scale political corruption scandal.

Ronnie Earle had KBH dead to rights in that case, and a technicality saved her from the slammer and let her rise through the ranks of the US Senate (to the point that she is a possible candidate for President or Vice President). He had her cold, just like he did the other THREE Republicans he had indicted (as opposed to the 12 Democrats) so when DeLay's defenders talk about that case, they are splitting hairs in the name of defending America's most corrupt politician.

Posted by Andrew Dobbs at September 28, 2005 05:04 PM | TrackBack

Comments

I was in the Tarrant County courthouse that day as the trial was literally minutes from starting. The Travis County prosecution team asked the judge for a highly unusual pretrial ruling, and the judge said he would rule on each piece of evidence as it was presented. Mr. Earle, who was in the room, said he would just drop the case. The highly irritated judge (who, if I remember, was a visiting jurist) told Earle to proceed with his case. Earle refused, making the judge so mad he impaneled a jury and directed an aquital. Then Earle laid out his evidence to the press, presumably to show that he was somehow treated unfairly by the court. The judge later said that the evidence in question would probably have been admitted -- if only Earle had proceeded that morning as scheduled.

No fair person can say that KBH was "guilty" just because Earle refused to obey the court's guidelines on evidentiary rulings. Andrew should know this. That was a clear case of Earle putting politics above the law. (The Harding, Lewis, and Bullock cases were even more political, but that's another story).

I like Ronnie Earle, but even his staff acknowledges that he can act sort of odd, particularly in cases involving politics.

I'm a tad shocked that an alleged "progressive" site like BOR would claim that KBH is GUILTY when she was aquitted in a case that Ronnie Earle refused to prosecute. You may want to rethink this particular post.

Posted by: BobSmith at September 28, 2005 06:01 PM

Dude, what's the is difference between "through" and "threw"? My english isn't so good, but DAMN, even I caught that mistake. Please fix.

also, Jose Angel Guiterrez was the real winner of the 1993 special election. Not KBH!!! Bob Kreuger and the other white Dems that rule the party secretly rigged the votes against Guiterrez in the valley and such. He didn't get the paltry % they claim. He actually got 30%, good enough for the run-off!!!

Why don't you cover that you white democrat website!!! Viva La Raza Unida mofos!!!!!!

Oh, and vote for Hobie Ramirez Dean for State Rep in Dist 48!!!!!!

Posted by: Felipe at September 28, 2005 06:43 PM

KBH was mean to her staff, so therefore their testimony becomes more credible? I know the poster of this thread is smarter than the judge, but don't you think having a case thrown out and classified as an aquittal should be reason enough to label the indicted "innocent?"

I don't know what evidence will be revealed in the DeLay case, but Senator Hutchinson was innocent then, and remains so today...no matter how nasty she was to her staff.


Posted by: Dean at September 29, 2005 12:01 PM

Men are always tough. Women are always mean. Men are good businessmen. Women are bitches. Please. Enough already. Employees of women for some reason always use the words mean and bitches. And usually have a bone to pick. Especially the male employees.

The judge would not have ordered an acquittal if he felt the evidence supported the charge. If it did, someone should have hauled him in front of the judicial review committee. To date, no one has.

I suspect there is more to this story than what has been related here. Particularly with regard to the "exchange" between Ronnie Earle and the judge.

The only indictment that matters is the indictment against Tom De Lay. Doesn't matter if it was Ronnie Earle's first indictment of a public official or his 100th.

Posted by: Baby Snooks at September 29, 2005 12:33 PM

KBH...a woman with "no conviction"

Posted by: Little Potato Chip at September 29, 2005 12:57 PM

She actually has some convictions. She voted against one Bush judicial nominee because of some of his positions. She tempers her votes with regard to women's issues and called Trent Lott on the carpet over some very homophobic comments he made. She is a stalking victim and became an advocate for stalking victims in 1996 when she wrote and sponsored and lobbied for passage of the federal stalking law which was so well received by the Democrats as well as the Republicans that it had to be attached to a transportation act in order to get it passed.

She is considered a moderate Republican. Some Republicans consider her a Democrat because of her convictions and her standing by them. Many of the criticisms leveled at her have also been leveled at Sandra Day O'Connor.

Unfortunately there have been too many times she didn't stand by her convictions and did the "politically correct" thing. I suspect at times she is more a fish out of water and confused as to which pond she belongs in.

Posted by: Baby Snooks at September 29, 2005 10:56 PM

I thought that defense attorney Dick DeGuerin found Kay's loophole when he discovered that one of the Grand Jury members that indicted KBH was a felon.

Posted by: SMc at September 30, 2005 10:47 AM

I have to respond to Bob Smith's comment that no fair person can say that KBH was "guilty" just because Earle refused to obey the court's guidelines on evidentiary rulings. And also take exception to his account of the events that lead up to the case being dropped.

I don't get the logic. Guilt in court and guilt outside of court are two separate things when you’re taking about an individuals integrity. Michael Jackson was found not guilty, but does any "fair" person really believe him to be so?

KBH did what she did. Her staff witnessed and documented it.

A courtroom is supposed to be a crucible, where irrelevances are melted away until we are left with the truth. Our courtrooms have become a joke, where the truth has to be maneuvered through a maze of technicalities that threaten to derail the process. It’s like a big legal game of Operation; careful, don’t hit the metal edge or you lose the game.

KBH did what she did. The court may acquit her for some absurd technical reason, but that doesn’t mean she's innocent of the crime, it simply means that under our system of justice, she’s just not prosecutable.

Posted by: Joe T at September 30, 2005 03:13 PM

Joe T has it right. Those who regard every guilty finding as establishing a defendant's actual guilt (as opposed to his liability to legal punishment) and every acquittal as establishing a defendant's actual innocence (as opposed to immunity to further legal prosecution) display a remarkable level of naivete. A person who comes out of a courtroom with an acquittal the way Kay Bailey Hutchinson did may nevertheless have committed the very crime of which they were acquitted. Certainly those who saw the evidence against KBH thought it was very, very strong; but the jury never got to see it or rule on it.

Posted by: Phantaskit at October 4, 2005 06:02 PM
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