Rep. Kino Flores Indicted on Six Counts by Travis County Grand Jury

by: Karl-Thomas Musselman

Fri Jul 17, 2009 at 06:13 PM CDT

The Grand Jury returned six separate indictments, with each indictment relating to a financial statement for a different year starting in 2004 and continuing through2 009. The six indictments contain a total of 16 counts of tampering with a governmental record and three counts of perjury.  

The income that Flores failed to disclose exceeded $152,000 in 2004, $125,000 in 2005, $115,000 in 2006, $135,000 in 2007, $185,000 in 2008 and $135,000 in 2009. One count also alleges that he failed to disclose income a dependant child received from HillCo Partners, an Austin lobby firm. The real estate and sales of property that he is alleged to have failed to disclose include a lot in Hidalgo County, a cabin on the inter-coastal waterway in Cameron County, a small ranch in Hidalgo County, a residence in Mission, a condominium in Austin, land in Bastrop County and a residence in Austin. The indictments also allege that he failed to disclose certain gifts, including trips on a plane owned by the LaMantia family in 2007 and an ownership interest in a racehorse given to a dependent child by a lobbyist in 2004.

Tampering with a governmental record is a state jail felony punishable by 180 days to two years in state jail and a fine of up $10,000. Perjury is a class A misdemeanor punishable by up to one year in jail and a fine of up to $4,000.

While these charges have little to nothing to do with Tom Craddick, it could mean the fall of a second of three Democrats once targeted by the Too Close to Craddick PAC.  

Mindy Montford Resigns From District Attorney's Office

by: Karl-Thomas Musselman

Wed May 14, 2008 at 10:27 PM CDT

Austin American-Statesman: "It's time to look at other things," Montford said.

...

Montford said she had a cordial conversation with Lehmberg last week in which they discussed the race. No specific job was offered, Montford said.

"I am not sure there was a place for me," she said.

Montford said she would make a decision on her professional future within a few weeks.

We do wish her well in her future endeavors.  

BOR Interview With Rosemary Lehmberg

by: Phillip Martin

Wed Apr 02, 2008 at 10:10 AM CDT

What separates you from Mindy Montford? Why are you the better choice for Travis County voters?

Clearly, my experience separates me, and the breadth of my experience. I've tried cases and directed every major division in our office, so I am deep in trial experience. I have worked for the last 10 years running the day to day operations of the office, and so I have experience running a large law office - which we are now. That means I have budget and personnel and information services experience that my opponent does not have. I have worked on many community based initiatives throughout my career, primarily when I was the director of the Family Justice Division.

Most important against this particular opponent, I have directed the Public Integrity Unit (PIU) and later, as first assistant, oversaw the PIU. I'm free of influence of the Public Integrity Unit. My opponent has been funded by many people who seek to influence legislation, and unlike her I have independent judgment and know how to exercise independence in my work.

Can you describe briefly what the Public Integrity Unit does, and some things you did during your time as its Director?

The duty and responsibility of the Travis County DA is unique because the center of state government is in our county. All prosecutors have jurisdiction and venue over crimes that occur in the county, and our duty and responsibility includes the crimes related to state government. The PIU does everything from workers compensation fraud to motor fuel tax fraud to insurance fraud. We've undertaken a whole new prosecution in the vice tax area.

I talk about being the guardian of the Capitol, and what I mean is that there is always a possibility of abuse of power through the money that is used to try to influence legislation. By that I mean lobby, and the like, and if money is incorrectly accepted by the Members of the Legislature. It is our job to look at all of those allegations that are made. Some of them are unfounded, some of them are made by political opponents who have a bone to pick, and some are true criminal cases.

We have prosecuted Democrats and Republicans over the years, and what happens in that is the people who abuse power are the ones who have the power. When Democrats were in power, more of them were accused of - in some way - misusing money and power. More recently, there have been Republicans. You have to look at that aspect and that history of that unit to understand they have not been partisan prosecutions - they have been prosecutions of those who abused their power. We're most famous for the Delay case, with the alleged use of corporate money in the November 2002 elections, which led to the Colyandro, TRM-PAC, Tom Delay, TAB, etc. The upshot of that was that the alleged use of corporate money was alleged to have elected a certain set of individuals.

Whoever is the head of the Public Integrity Unit must be able to look at those and determine what is right free of the influence of who is part of those investigations.

Montford has - and correct me if I'm wrong - won the endorsement of all the major law enforcement groups in Travis County. Can you speak to why the law enforcement groups would choose Montford over you?

I've worked with law enforcement individuals up and down the lines. I've got support from the members, just not the political action committee. And that's okay, because the District Attorney has to be independent of everyone. I intend if elected to work closely with law enforcement, but we do have to be independent of everyone.

I think - and I can only say what I've heard - which is that law enforcement wants tougher enforcement of the drug laws. What I've heard them say doesn't have much to do with community-based initiatives, or even too much in terms of public safety in terms of violent crime, which are both essential components of the work of a District Attorney.

Law enforcement officers have worked in the courts more recently, working directly with patrol officers and detectives. And that's a familiarity thing for them. The juries are more prone to be lenient on drug cases and want drug users to get into rehab, rather than be incarcerated. In that way, there is a disconnection between what the law enforcement wants and what the people want. The quirky part, of course, is that the law enforcement often responds to complaints in the community...so the jury itself is exhibiting a disconnection, too. Many people just want drug users off their street, which is why they call law enforcement, but then once they're off the street, they don't necessarily want them to go to jail.

A District Attorney needs to be responsive to all aspects - the community-based needs, and the best approach to public safety. And that can't happen unless you can approach these complex problems from a point of independence.

Check below the fold for the rest of the interview.

Gary Cobb Ready to Endorse: Looks Like Lehmberg

by: Karl-Thomas Musselman

Wed Mar 12, 2008 at 05:02 PM CDT

FOR IMMEDIATE RELEASE:
Wednesday, March 12, 2008

MEDIA ADVISORY:
GARY COBB TO HOLD NEWS CONFERENCE

(AUSTIN) -- Travis County Assistant District Attorney Gary Cobb will hold a news conference at 10:30 a.m. Thursday, March 13, 2008, in the plaza between the courthouses to make an important announcement regarding the runoff campaign to replace retiring DA Ronnie Earle.

Update: Ok, as pointed out in the first comment, it appears this is more or a less formality and Cobb will be endorsing Rosemary Lehmberg. That should certainly help her. Not only is it an endorsement of one of the 2 defeated candidates, but having the support of the only African American in the race is beneficial given the only other runoff in Travis County is in Constable Pct 1. That race features another African American, Danny Thomas, in a contest with Janie Serna. That district includes many of the county's African American precincts that favored Cobb.  

Travis County DA: Describing the Office

by: Phillip Martin

Mon Mar 10, 2008 at 02:30 PM CDT

This post is one of many we'll do closely examining the Travis County DA race. 

• Rosemary Lehmberg
• Mindy Montford
• David Mauro's post on precinct results
• March 4 election results

So what exactly does the Travis County District Attorney do? From their website:

The mission of the District Attorney's Office is to see that justice is done by providing the highest quality legal representation for the public and for individual victims of crime, and by supporting the community's efforts strengthen itself and solve problems.

Ronnie Earle is currently stepping down as Travis County DA, but his legacy is one of enormous work that has led to the expandsion of the role of the DA's office. He created the Public Integrity Unit to hold elected officials accountable -- which has included high-profile pursuits of white-collar crime by such notorious elected officials as Tom Delay.

There are numerous other divisions, which include:

• Administration Division
• Major Crimes and Narcotics Division
• Appellate Division
• Special Prosecution Division
• Family Justice Division
• Victim Witness Division
• Trial Division
• Grand Jury/Special Prosecution Division
• Investigation Division

In addition to these and the Public Integrity Office, Earle has helped create and strengthen the Child Protection Team, the Children's Advocacy Center, and the Family Development Center (now part of Parents' Anonymous of Texas). His dpearture leaves very large shoes to fill for one of the most important jobs in the state of Texas.

To learn more about the candidates in the race, click on the links atop this post, or read any of the following resources. We'll be providing a lot more information on this race over the coming days and weeks, so stay tuned. 

• Austin American-Statesman - Ronnie Earle announces his retirement
• Texas Observer - A terrific, long discussion of the race
• BOR - Ronnie Earle endorses Rosemary Lehmberg
• BOR - Richard Morrison writes a diary titled, "Why the Travis County DA's race matters" that is a must read

Travis County DA Race: Runoff Between Lehmberg, Montford

by: Phillip Martin

Thu Mar 06, 2008 at 11:00 AM CST

We're catching up on races we were unable to report a lot on -- and this race, now going to the runoff, could be the most important race Travis County voters have for quite some time.

First, let's look at the results from Tuesday's four-way race:

The runoff is between Mindy Montford and Rosemary Lehmberg. We at BOR endorsed Lehmberg for the primary, and I'd imagine we'll do so again for the runoff. She's a well-qualified candidate, someone with tremendous experience in every aspect of the job.

We'll be reporting a lot on this race in the coming weeks. In the mean time, here's some resources for background on the race -- including previous coverage here at Burnt Orange Report:

• Austin American-Statesman - Ronnie Earle announces his retirement
• Texas Observer - A terrific, long discussion of the race
• BOR - Ronnie Earle endorses Rosemary Lehmberg
• BOR - Richard Morrison writes a diary titled, "Why the Travis County DA's race matters" that is a must read

Rick Reed Stands for Service and Justice

by: Doug Mayeux

Thu Jan 31, 2008 at 10:00 AM CST

Yesterday morning, The Austin American Statesman ran an article, Tom Delay case becomes issue in DA race.  This article states that:

Rick Reed, one of four candidates seeking to replace Earle, resigned Monday from his job as an assistant district attorney on the heels of his assertion that he was the only prosecutor in the office who wanted to present DeLay's case to a grand jury in 2005.

My initial impression was that Rick Reed was forced to resign over statements regarding Tom Delay, but a second read indicated something very different.

I contacted both Rick Reed and District Attorney Ronnie Earle for comments, however, only Rick Reed responded, therefore I have no comment on the District Attorney's side of the story. For those of you that don't know who Rick Reed is, he has been with the Travis County District Attorney's office for 9 years. Before this he spent 12 years with the Dallas County District Attorney's office, where he was the Democratic Party nominee for Dallas County Criminal District Attorney in 1998.

Mr. Reed is also the only Travis County DA candidate to have come out against the death penalty. His reservations are personal, however, and he agrees with the other three candidates that as District Attorney, he has to follow the letter of the law. Additionally from this interview with Fox 7 News Austin, Mr. Reed stated that while he feels it is time to seriously consider taking capital punishment out of our laws, he does not want to put himself in a position to deny a victim's family their legal right to have the death penalty considered. No other candidate has stated that they are against the death penalty.

On Monday, Mr. Reed took another step towards setting himself apart from the other candidates with his resignation. Mr. Reed pointed out that his resignation was in no way forced. His decision to resign began two weeks ago with the issuing of a memo by Ronnie Earle, reminding all candidates not to comment on the details of any pending cases. This memo was likely drafted because of Mr. Reed's reference to the Tom Delay case. His web site states that:

In 1999, Rick's career brought him to Travis County, where Ronnie Earle initially hired him to pursue felons. Soon, however, Rick's talents were focused in the Public Integrity Unit.

In that capacity, Rick had the responsibility of investigating and prosecuting public officials statewide.

Here is where Tom DeLay met his match.

When many of his colleagues were reluctant to take on the high-profile case, Rick Reed doggedly pushed forward.

When I asked Mr. Reed about the Tom Delay issue, he stated:

I felt that Tom Delay's case was at risk of being handled differently than a working class person's would have been, and I don't agree that Tom Delay's case should be handled differently, simply because of his status in the community.

After a week - on Friday, January 25 - during which Mr. Reed did not remove this comment from his web site, Ronnie Earle issued this memo:

"Media Contact

Comments to the press will be made only by the District Attorney, First
Assistant District Attorney or the division directors, or under their direction;
except that any attorney may answer a question from the press if the answer
is only a statement of what has occurred in open court or appears as a matter
of public record."

As Mr. Reed put it:

I was directed to have all statements approved by Ronnie Earle or Rosemary Lehmberg.

Ms. Lehmberg is the head Assistant District Attorney and an opponent of Rick Reed's. For Mr. Reed, this was the last straw. He spent the weekend discussing options with family and close friends, and on Monday morning, he sent this resignation letter to Mr. Earle. Mr. Reed emphasized that his resignation was not discussed in advance with Mr. Earle, and was an act he felt was necessary for continued service of the people of Travis County. Here is an excerpt:

January 28, 2008

Honorable Ronald Earle
District Attorney, Travis County
509 W. 11th Street

Dear Mr. Earle:

A famous teacher once reportedly counseled his followers, "No man can serve two masters." During the past several weeks, it has become increasingly evident that I cannot continue to serve both as a candidate for Travis County District Attorney and as an employee of the Travis County District Attorney's Office. Either I must surrender my independence as a candidate, and with it my candidacy itself, or I must surrender my position as Assistant District Attorney.

In other words, Mr. Reed felt he was given an ultimatum - break the rules [set forth in Mr. Earle's memos] or fail in his service to the community. He felt that neither would do, and resigned.

Until now, Rick Reed has not gained much momentum, or been considered a front-runner in this race. I don't know if he will even now, but one thing I can say is that his actions have begun to give him a reputation as a progressive, principled Democrat, not afraid to take the moral high-ground. Whether or not this reputation gives him traction, should be apparent by next week's DA candidate forum. I for one am looking forward to whether or not this unexpected shift will add some strength to Rick Reed's candidacy and change the balance of the race.

Ronnie Earle Endorses Rosemary Lehmberg for Travis County DA

by: Karl-Thomas Musselman

Mon Jan 07, 2008 at 04:13 PM CST

As expected, Travis Co. DA Ronnie Earle has endorsed Rosemary Lehmberg in the four-way race to succeed him. During a news conference at the Courthouse this morning, he said Lehmberg "has had a greater role in the success of the Travis County District Attorney's Office than any other single person."

Lehmberg joined the office six months before he did, Earle noted, and "has been the director and supervisor of every division of this office. For the past ten years as First Assistant Travis County District Attorney she has supervised the work of all these divisions."

Capitol Annex has some extended remarks from Earle.

In a race that has yet to be noted by any major developments, endorsements, or direction among the Austin political class- Earle's endorsement is certainly a major assist. It's likely the race (which is very fluid) will go to a runoff and today's endorsement certainly increases the odds that Lehmberg will be in it.  

Major Travis County Announcement Expected Soon

by: Burnt Orange Report

Fri Dec 14, 2007 at 01:01 PM CST

The decision that many in local political circles have been awaiting will apparently be announced within the next 24 hours. Burnt Orange Report has learned that Travis County District Attorney Ronnie Earle has reached a decision as to whether he is running for re-election or not. We will not divulge what that decision is at this time out of respect to Mr. Earle, his office, and the prospective candidates. It is not our intention to disrupt Ronnie Earle's announcement on his own terms. 

But this is the Burnt Orange Report where you expect us to inform you of major Texas political announcements ahead of the curve. We will keep you posted on this story as it develops.

Rumor: Judge Jeanne Meurer May Run for Travis County District Attorney

by: Karl-Thomas Musselman

Tue Dec 04, 2007 at 06:27 PM CST

I heard a rumor last night from a reliable source that the Governor offered retiring Democratic Travis County District Judge Jeanne Meurer a job "running" the Texas Youth Commission (my snitch didn't know if it was the commissioner or the conservator's slot), but she turned it down because she would not have the authority or budget to fix the agency's problems. The source speculated Meurer may instead run for Travis County District Attorney instead when long-time incumbent Ronnie Earle steps down from the post.

I have to say, if the rumor's true, at this point it's hard to blame Judge Meurer for passing up TYC. Without significant resources and enough clout to reverse many bad decisions and hires from the last nine months, the job would be an endlessly ungratifying headache.

More as the race develops.