Bobby Phillips, Jr. is the brother-in-law of Erwin Cain, the Republican candidate who is challenging State Reprsentative Mark Homer in House District 3. In the sworn deposition video posted below, Mr. Phillips states that he met Erwin Cain in October of 1977, when he was engaged to Erwin's sister, Gloria Cain. Erwin Cain was the best man at their wedding, which occurred in Longview, Texas. Mr. Phillips states that the two had a "pretty close friendship."
The statements are backed up by the sworn testimony, which you can download a PDF of here. We also present the sworn deposition below as a matter of public record.
Given the chance to dispute the claims in a local newspaper, NuWave Reporter, Cain decided not to dispute the truth. According to an e-mail from the Lone Star Project:
However, when given the opportunity to dispute the video and to demonstrate that it was false, Cain passively acknowledged its accuracy by saying "I am not prepared to discuss things that happened when I was a young kid," and "Again, I do not want to get into my actions as a young man."
Over and over again, Cain was asked to comment about the accusation and over and over again, he declined.
When asked had he supplied the cocaine that lead to his brothers overdose, Cain replied, "I'm not going to answer that."
To date, the post on NuWave has had over 13,004 page views. According to sources, the site had so much traffic it crashed Friday.
In addition, one gentleman went into the NuWave offices to demand the content of the article be taken down. He claimed to be with Raycom media and was representing KLTV in Tyler Texas. He demanded to be compensated $700 for the use of the legally obtained materials hosted by Burnt Orange Report and he presented his Tennessee bar card to coerce, deceive or threaten the NuWave Reporter into removing this damaging post.
These actions late Friday seem to legitimize this story further.
Burnt Orange Report has given NuWave and anyone who would like to use our legally obtained materials the right to use them in any manner they see fit.
The most shocking thing about this story is simply Cain's refusal to deny anything. If the allegations are untrue, why threaten a local media outlet and why not simply say, "the allegations are untrue".
The answer, he can't do that.
Again from the Lone Star Project:
Erwin Cain implicitly acknowledged using and selling drugs and then tried to excuse his actions by inaccurately saying he "was a young kid." Cain was in his mid to late twenties when the events described in the video occurred. Had he been arrested, he would have been tried as an adult.
Most late campaign disclosures don't impact the results of elections. This blockbuster video revealing that Erwin Cain used and sold illegal drugs could be an exception.
With 13,000+ views on a local site, it seems this story is only going to get more traction in the last 8 days.
Mark Homer is a client of GNI Strategies. Neither Homer or his campaign were consulted on the content or distribution of this article and the content in this article represents my views and my views only.
Bobby Phillips, Jr. is the brother-in-law of Erwin Cain, the Republican candidate who is challenging State Reprsentative Mark Homer in House District 3. In the sworn deposition video posted below, Mr. Phillips states that he met Erwin Cain in October of 1977, when he was engaged to Erwin's sister, Gloria Cain. Erwin Cain was the best man at their wedding, which occurred in Longview, Texas. Mr. Phillips states that the two had a "pretty close friendship."
The statements are backed up by the sworn testimony, which you can download a PDF of here. We also present the sworn deposition below as a matter of public record.
Attorney: What was he doing to make a living at the time?
Phillips: Selling drugs and vacuum cleaners.
Attorney: Well that's kind of an odd combination. Was one more prevalent than the other?
Phillips: I guess the drugs would be more prevalent.
Attorney: Did you ever see Mr. Erwin Cain sell drugs?
Phillips: Yeah, I've seen him deliver to his brother-in-law, to his brother, and to other people that came by the house when he was there.
[Intercedeing conversation about what kind of drugs were sold. Mr. Phillips says Erwin Cain's specialty was marijuana, and he sold drugs to make money. Mr. Phillips said he got to know Erwin's brother, Thomas, during the time he knew Erwin, that Erwin brought him about an ounce of weed to his bachelor party.]
Attorney: Do you know where Thomas Cain, Jr. is?
Phillips: In the grave.
Attorney: Do you remember about when he died?
Phillips: I think it was around '82, '83, somwhere in there?
Attorney: And do you know where he was when he died?
Phillips: He was in Houston.
Attorney: And do you know anything of the circumstances surrounding his death?
Phillips: My understanding he got some, he got an 8-ball from his brother...
Attorney: --which brother would that be?
Phillips: --Erwin. And he went to try and find a vein on my sister and couldn't find a vein on my sister so he gave it to himself and subsequently it killed him.
Attorney: What's the source of your information for that statement?
Phillips: My sister, Virginia.
Attorney: What is an 8-ball?
Phillips: I'm not for real sure, but I think it's like seven or eight grams of cocaine or meth or something like that.
Attorney: Just to clarify, and let me repeat -- it's your statement that you have seen, in the past, a man you can identify as Erwin Cain use marijuana.
Phillips: Yes.
Attorney: Have you ever seen him use any other illegal substances?
Phillips: Seen him snort coke.
Attorney: Have you, and is it your statement also that you have seen him sell marijuana to someone?
Phillips: Yeah.
Attorney: And I'm not just talking about giving it to a friend to share a joint...
Phillips: No, I've seen money change hands.
Attorney: And has this been on one or more occassions?
Phillips: More occassions.
Attorney: Can you tell me where, can you remember any one specific instance in where it took place?
Phillips: It was usually just we used to go over to his house, me and my wife would go over to -- he and Tommy lived together, and we'd go over there and people would come up to the house and he'd sell it to him.
Attorney: Have you seen an autopsy report that shows the cause of death of Thomas Edison Cain, Jr.?
Phillips: Yeah, I reviewed it.
Attorney: And what did it show to be the cause of death.
Phillips: Cocaine toxicity.
Attorney: And that would be consistent with what you'd seen years before.
Phillips: Yes.
Attorney: You have appeared here today for the purpose of making this statement of your own free will in the court have you not?
Phillips: Yes.
Attorney: Have you been promised anything of value by me or anyone else to make this statement?
Phillips: No.
Attorney: Why are you doing it?
Phillips: Because Erwin Cain just don't need to be in office. We got enough crooked people in office now.
Rep. Mark Homer represents Paris, Sulphur Springs, and a dozens more smaller towns in his six-county district in northeast Texas. Rep. Homer has represented the district since 1999, and every year Republicans target him -- and every year he wins. Like a lot of other Democrats who represent parts of rural Texas, Rep. Homer votes with his district and works across the aisle to do whatever his constituents want him to do for their community.
The votes in District 3 come down to the counties, and Lamar County -- the largest one -- has been home for Rep. Homer forever. As the publisher of the Paris News reported after the primary in an excellent analysis of voting strength within the district:
Fortunately for Homer and unfortunately for Cain, I don’t think the projected voter backlash against Democrats expected in November as a result of the decline in President Obama’s popularity is going to be a factor in this race.
In 2008, for example, when nationwide Obama had a resounding, landmark victory, Lamar County went solidly in the Republican column. The McCain/Palin ticket received 12,940 votes or 71 percent compared to Obama/Biden’s 5,240 votes or 28 percent.
While on the surface these totals seem to favor Cain locally, Lamar County went just as solidly with Democrat Homer in 2008 as it did the Republican presidential ticket, with the District 3 incumbent receiving a total of 10,535 votes in his home county, easily outdistancing the 7,698 votes his Republican challenger received.
Erwin Cain, a Dallas-area trial lawyer, has come under some fire within the district for not actually working in the area. A video against Cain in the Republican primary -- which didn't get a lot of attention, but did encapsulate a lot of the conversations about Cain going on in the district -- highlights his trial lawyer background:
With the recent release of campaign finance reports, it is a good time to take a look at how some of the incumbent House Democrats likely to be targeted by the Republicans faired in fundraising.
There are many months ahead, but here is the current financial outlook for 10 incumbent House Democrats likely to face comeptitive races next year.
House District 2
Mark Homer raised $4,699 and ended the reporting period with $5,982 on hand. His campaign spent $20,676 during that time.
House District 11
Chuck Hopson raised only $5,750 but has an impressive $66,563 on hand, with expenditures of slightly over $22,900 for the reporting period.
House District 47
Valinda Bolton reported raising $14,800 and ended with $23,532 on hand. Two years ago at this time, Bolton had $13,704 on hand, so the two-term incumbent has almost $10k more than she did at this same point last election cycle.
House District 52
Diana Maldonado raised $18,950 and ended the reporting period with $35,817 in the bank. The Williamson County Democrat and TexBlog PAC endorsed candidate spent a little over $18,000 during that time.
House District 78
Joe Moody of El Paso reported raising $16,950 to end the reporting period with $27,955.82 on hand. Moody, a TexBlog PAC endorsed candidate, won by just over 3200 votes in 2008.
House District 96
Chris Turner reported raising $45,251.24 and had slightly over $102,000 on hand. Great to see huge numbers from a TexBlog PAC endorsed candidate.
House District 101
Robert Miklos, a freshman House member from Mesquite and another TexBlog PAC endorsed candidate, raised $18,340 and has $20,656 on hand.
House District 102
Carol Kent, who defeated incumbent Tony Goolsby in 2008, raised $32,170 and ended the filing period with just over $51,000 on hand.
House District 107
Although he raised only $1,157 during the reporting period and spent more than $60,000, incumbent Democrat Allen Vaught has more than $86,000 currently on hand.
House District 133
Kristi Thibaut, who defeated Republican incumbent Jim Murphy by 497 votes in 2008, has $45,655 on hand. At this point two years ago, as she prepared for a rematch with Murphy after losing in 2006, Thibaut only had $6,851 on hand.
Ed. Note: To see a quick overview of the bills the Texas House considered today -- along with a policy overview of each bill -- read the Texas Legislative Study Group's floor report.
Here is a look at today's calendar in the Texas House -- the first of the session. The hyperlink over the bill number will take you directly to the Texas Legislature Online page for that bill, wherein you can look at the actual text of the bill, the bill analysis, etc.
We hope to do this, as much as possible, every day there is a calendar on the floor of the Texas House. The Texas Legislative Study Group puts out an analysis for each day's Calendar. I'll be linking to them atop the page every day because, well (See Update below.) They do outstanding work and it would be foolish not to highlight their efforts. Their reports are made by a large group of staffers that track the bills through the Committee process, speak to lobbyists about the bill, and work with the individual Member to make sure they understand the bill. Their work is just incredible.
And yes, I used to be Chief of Staff for Rep. Garnet Coleman, who chairs the Legislative Study Group. There's a reason I write so much about policy on BOR -- he taught me about how to talk about policy, and he helped develop my belief that if you focus on the policy, the politics will take care of itself. Anyone should be so lucky to have the opportunity to work for him; I did, and I want to share some of the excellent work he and the LSG produce because I think it will better inform all Texans about the actual laws that our Representatives are working on at the Capitol.
Finally -- I'd link to the conservatives' version of their floor report, but it just says "yes/no" and gives no actual policy analysis. You know -- lock step and all.
Here's today's calendar -- and I promise, future posts won't have the long and winding introduction:
HB 873 by Rep. Dawnna Dukes (D) - Film incentives bill. Want to have more movies made in the state of Texas? This bill will make that easier to happen by allowing grants to be awarded to digital media producers, and it will increase incentives for those who spend more money in the state.
This bill is a lot bigger deal than some of Rep. Dukes critics give her credit for; it's an easy way to bring money to communities while simultaneously encouraging the arts as an important subject. Art/movie/film communities are non-existant in public schools, and this bill at least brings the real deal to town -- so those who want can learn from experience and have the opportunity to see and work in a field of industry they can't gain knowledge about in school.
HB 394 by Rep. Patrick Rose (D) - Allows small businesses to qualify for the Texas Economic Development Fund. First two bills -- Democrats working to improve the the economic issues of the day. I am proud to be a Democrat.
HB 1822 by Rep. Burt Solomons (R) - Gives rulemaking authority to the PUC to unify language on electric bills, thereby creating transparency in the process. freshman Rep. Diana Maldonado (D - Round Rock) is a co-author of the bill.
HB 313 was enacted in 2007 to rectify the abuse of NAFTA in which individuals buy a truck or trailer in another state and use it outside border commercial zones. The unintended consequences of this legislation required Mexican truck operators to obtain Texas registration plates every time they crossed into border commercial zones, even if they were not owners of the vehicle.
HB 782 allows truck drivers passage to and from border commercial zones without having to obtain new registration plates for Texas. The vehicle must have registered plates indicating a reciprocity agreement and must also be registered in the country that the owner of the ehicle is a citizen in or resides in. Canadian provinces that exempt currently registered vehicles owned by nonresidents are also effective in a border commercial zone.
HB 38 by Rep. Franke Corte (R) - Allows for veterans and their families to pay in-state tuition rates regardless of their residency status.
HB 693 by Rep. Vicki Truitt (R) - "Exempts falconers from having to hold a pest control license." For the record, that was two economic development bills, a utility rate bill, a transportation bill, a veterans & higher education bill...then that other big issue, Falcon licensing. Republican State Rep. Vicki Truitt, everyone -- FTL.
HB 968 by Rep. Mark Homer (D) - "Removes the restrictions on hunting with crossbows during bow hunting season." And right behind Rep. Truitt we have Democrat Rep. Mark Homer! Who says good things don't come in pairs!
(I joke around, but I worked for a rural State Rep. for nearly two years, from 2005 through summer of 2006, and these are absolutely the bills that constiuents will write in and demand action on the loudest. So while I joke about their relative importance to state business, both Rep. Truitt and Rep. Homer are still serving their constiuents. If you can survive the crossfire of the bow-hunter shooting down the falcons, you can see a certain amount of democratic beauty in that.)
HB 1695 by Rep. Sylvester Turner (D) - Allows the PUC to require for utilities that experience severe outages due to weather to consider a disaster preparation/management kind of plan. Though it doesn't outright require them, it lays the groundwork for the creation of those plans -- and when it comes to the PUC and utilities, sometimes you need the small moves to set up the big ones.
HB 1637 would improve benefits under the shared work unemployment compensation program for underserved workers and industries by adding greater work schedule flexibility in determining benefits. Currently, benefits are granted based on a consistent 40-hour workweek, which many businesses and employees do not follow, especially in the manufacturing industry.
In manufacturing, for example, facilities operate on a 24-hour, 7 day-a-week basis, so it makes sense to employ workers on a schedule alternating 3 and 4 day weeks. However, under current statute, workers on an alternating biweekly schedule that averages 40 hours per week would be eligible for less benefits than workers who work consistent 40-hour work weeks.
This bill gives affected businesses greater flexibility in retaining their workers, thus preventing layoffs. In this economic climate, this bill is needed to make the shared work unemployment compensation program more effective and equitable when it’s needed most. This bill is favored by a broad array of business and labor groups.
I'm very proud to see two of our freshman members, Rep. Diana Maldonado and Rep. Chris Turner, with legislation on the first day's calendar. Rep. Maldonado and Rep. Chris Turner were the first two candidates that TexBlog PAC endorsed. For everyone who donated to TexBlog PAC and helped us support these candidates -- this is your investment paying off for you.
Update: I forgot that the LSG Floor Reports are subscription-only, and it is the other reports -- their higher ed reports, state school reports, etc. -- that are open to everyone. I should have remembered this since I worked with them so much, but I think I just got excited at reading the first Calendar of the session and their first Floor Report of the Session. And yes, I'm a policy dork that gets excited about stuff like that -- why do you think I'm spending my Spring Break posting on BOR? Deal with it.
Since they sell subscriptions -- a la Quorum Report & Texas Weekly -- I won't be able to link directly to it every day. Though, like I do with QR, I will crib from my subscription if/when it is necessary and appropriate, and I will still use their excellent research to form and shape these calendar posts.
Bottom line: you'll still be able to come to BOR for coverage of what is happening at the Capitol. So keep reading!
