The Collin County Observer™
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District Clerkgate judge been there before
08/12/10
District Clerkgate judge been there before
Judge John Ovard of the First Judicial Administrative Region has appointed Dallas retired District Judge John Nelms to preside over all six district clerkgate cases.
Two weeks ago, a Grand Jury indicted incoming District Clerk Patricia Crigger and 5 other deputy district clerks for theft and engaging in an organized criminal activity. They are charged with falsifying time records to reward clerks for their working on the Crigger campaign.
Judge Nelms is no stranger to public corruption cases. Some readers may remember that Nelms, a Republican, heard the theft trial against Rockwall County District Attorney Ray Sumrow.
Nelms sentenced Sumrow to 4 years in prison in the 2008 case where the Collin County District Attorney's office acted as special prosecutor.
A Dallas Morning News article written after the trial, quoted the judge, "Judge Nelms said he hoped the case would send a message that those holding elective office cannot be 'tempted to feed themselves at the public trough.'
'A public official, like Caesar's wife, must be above suspicion,' he said."
Judge Nelms also heard motions in Charles Dean Hood's attempts to get a new trial after being convicted of capital murder in a case heard by a Collin County Judge and DA who had been secret lovers. Nelms was assigned to the Hood case after Collin County judges removed themselves.
In July of last year, Judge Nelms presided over the trial of John Barry, sentencing him to 25 years for orchestrating mortgage fraud schemes in McKinney.
More recently, Judge Nelms presided over the trials of Alfred and Abneris Santiago, the Dallas couple who were convicted of starving thier children in a motel bathroom.
Judge Nelms is a graduate of Highland Park High School, Texas A & M, and the UT Law School. He retired from the Dallas 195th District Court in 2006.
All six defendants are due in court on August 25th for a "First Appearance Hearing".
Derek Walpole, who is defending accused deputy district clerk Rebecca Littrell filed a flurry of motions in court today, including requests to divulge the names of the informers who blew the whistle to the Texas Rangers, for grand jury testimony, and to restrict publicity.
No rulings on any of the 9 motions have been issued yet.
Bill
Comments, Pingbacks:
Comment from: One More Time [Visitor]
This is where we will truly find the status of "Open Government" in Collin County.
The public has a right to know what the government is doing to conduct the people's business!
The public has a right to know what the government is doing to conduct the people's business!
Permalink
08/13/10 @ 07:35
Comment from: RW [Visitor] 
What will be extemely interesting to watch will be to see which of the indicted clerks is first to make a deal for a reduced sentence and to testify against the other defendants. The fact that Judge Nelms is hearing all the cases coupled with his reputation for sending public trust crooks to prison should stimulate this process considerably.
Permalink
08/13/10 @ 12:10
Comment from: Concerned Taxpayer [Visitor]
I know in the law that you have a right to face your accuser. But my thinking about getting the names of the whistle blowing clerks is more for these 6 ladies who are still going to work at the clerk's office to intimidate these clerks. Will these ladies be protected by Hannah?
Permalink
08/13/10 @ 15:46
Comment from: Mr.NoName [Visitor]
"you have a right to face your accuser"
Yes, but who is the accuser. Just because someone passed along a tip doesn't make them an accuser.
The Texas Rangers are the ones who took the information gathered additional evidence and are accusing these women of a crime.
Hopefully the judge will laugh in Mr. Walpole's face and tell him not to waste his time or else.
Also, I hope this judge and the DA will do everything they can to speed up this process. If Mrs. Crigger is to be convicted, it would be nice to know that before she takes office.
Yes, but who is the accuser. Just because someone passed along a tip doesn't make them an accuser.
The Texas Rangers are the ones who took the information gathered additional evidence and are accusing these women of a crime.
Hopefully the judge will laugh in Mr. Walpole's face and tell him not to waste his time or else.
Also, I hope this judge and the DA will do everything they can to speed up this process. If Mrs. Crigger is to be convicted, it would be nice to know that before she takes office.
Permalink
08/13/10 @ 20:30
Comment from: watching [Visitor]
Mr. Noname perhaps you should read the Sixth amendment before hoping the judge ignores the constitution.Seems like a type of forum shopping by allowing Ovard to appoint a judge with a decided predisposition towards a type of allegation.But then again Ovard appointed Sandoval as a visiting judge in Dallas.See the previously referenced D. Magazine article about the worst judge in Dallas.The majority of people who write in and want swift "Justice"reminds me of the old saying"Let's give them a fair trial before we convict them."
==========================
The Observer responds:
Now watching, what in the world makes you think that Judge Nelms has "a decided predisposition"? That is a pretty serious charge against any judge, much less one with the kind of experience Nelms has.
I have seen nothing in his history to indicate that the judge has "a decided predisposition" to anything other than the rule of law. Remember, it was a jury that convicted Mr. Sumrow, not the judge.
Also, I agree that the defendants have and should have the right to confront their accusers. However don't you think it might be more than a bit awkward for those same defendants to be their accusers' direct supervisors at the courthouse?
The remedy is simple, get the six indicted deputy clerks out of the courthouse - put them on leave. Then give them the names of their accusers.
I also note that you did not comment on the First Amendment rights of the people to know the facts of these cases. There is a defense motion for a gag order to limit publicity. Where do you stand on that?
Bill
==========================
The Observer responds:
Now watching, what in the world makes you think that Judge Nelms has "a decided predisposition"? That is a pretty serious charge against any judge, much less one with the kind of experience Nelms has.
I have seen nothing in his history to indicate that the judge has "a decided predisposition" to anything other than the rule of law. Remember, it was a jury that convicted Mr. Sumrow, not the judge.
Also, I agree that the defendants have and should have the right to confront their accusers. However don't you think it might be more than a bit awkward for those same defendants to be their accusers' direct supervisors at the courthouse?
The remedy is simple, get the six indicted deputy clerks out of the courthouse - put them on leave. Then give them the names of their accusers.
I also note that you did not comment on the First Amendment rights of the people to know the facts of these cases. There is a defense motion for a gag order to limit publicity. Where do you stand on that?
Bill
Permalink
08/14/10 @ 12:24
Comment from: Mr.NoName [Visitor]
Watching....
I am fully aware of what the sixth amendment states. The defendant has every right to assert the confrontation clause if the "testimonies" of the whistle blowers are being used as evidence against the defendant. However, being a whistle blower does not necessarily equate to being an accuser.
This case seems to have enough evidence aside from any initial assertions from the informants that evidence may exist. Where does it say that one has the right to confront a mere informant?
If the DA decides to use these women (or their testimonies)as evidence in court, then I agree that the defendant should be awarded the opportunity to confront and even discredit the accuser, but to divulge their names at this point is premature.
Also, the informants deserve to be protected from any potential retribution. As long as these women still hold a supervisory position over these informants they should be afforded a certain level of anonymity. I agree with the Observer that the defendants should be removed from their current positions as soon as possible.
As for the speed of the trial. Hoping for a speedy trial does not in any way suggest that I don't support the right of the accused to a fair trial. However, the accused should not be allowed to position themselves to delay this trial any longer than necessary. I foresee Crigger and her attorney trying to delay the verdict till after she has been sworn in. The rights of the citizenry need to be considered as well. There is no reason (at this time) that this trial could not be completed prior to the election (or at least prior to Crigger assuming office.)
I am fully aware of what the sixth amendment states. The defendant has every right to assert the confrontation clause if the "testimonies" of the whistle blowers are being used as evidence against the defendant. However, being a whistle blower does not necessarily equate to being an accuser.
This case seems to have enough evidence aside from any initial assertions from the informants that evidence may exist. Where does it say that one has the right to confront a mere informant?
If the DA decides to use these women (or their testimonies)as evidence in court, then I agree that the defendant should be awarded the opportunity to confront and even discredit the accuser, but to divulge their names at this point is premature.
Also, the informants deserve to be protected from any potential retribution. As long as these women still hold a supervisory position over these informants they should be afforded a certain level of anonymity. I agree with the Observer that the defendants should be removed from their current positions as soon as possible.
As for the speed of the trial. Hoping for a speedy trial does not in any way suggest that I don't support the right of the accused to a fair trial. However, the accused should not be allowed to position themselves to delay this trial any longer than necessary. I foresee Crigger and her attorney trying to delay the verdict till after she has been sworn in. The rights of the citizenry need to be considered as well. There is no reason (at this time) that this trial could not be completed prior to the election (or at least prior to Crigger assuming office.)
Permalink
08/14/10 @ 17:55
Comment from: Annie O' [Visitor]
Good points, all. I think it worth revisiting: IF this occured ANY where else than an elected official's "office". Persons even THOUGHT to have falsified a time record would be walked to the door immediately. It is clearly defined in other county depts, Wal-Mart, Target, TI, and anywhere ELSE. The question I have: did anyone else find it "odd" that one of the defense atty's has the same name as one of the prosecutors? Maybe its just me.
Permalink
08/14/10 @ 21:25
Comment from: Just asking [Visitor]
Dallas Morning News had an article this a.m. Is it true that they can delay this until after January? Isn't the new D.A. Willis married to Judge Willis and one of these defendants is Judge Willis' court clerk? So then it would be easy to just get it dismissed after January when her husband takes office. I guess my question is can they really postpone this until after January?
===================================
The Observer responds:
1. Greg Willis is not yet elected. He still must face Democrat Rafael de la Garza in the November general election.
2. Greg Willis is indeed married to District Judge Jill Willis
3. All the defendants work at the District Clerk's office. They are hired by, and supervised by the District Clerk, not the judges.
4. Yes, they likely can get enough postponements to delay the trials until after January. Actually, to try these defendants in less than 6 months would be extraordinarily fast for cases of this complexity.
Bill
===================================
The Observer responds:
1. Greg Willis is not yet elected. He still must face Democrat Rafael de la Garza in the November general election.
2. Greg Willis is indeed married to District Judge Jill Willis
3. All the defendants work at the District Clerk's office. They are hired by, and supervised by the District Clerk, not the judges.
4. Yes, they likely can get enough postponements to delay the trials until after January. Actually, to try these defendants in less than 6 months would be extraordinarily fast for cases of this complexity.
Bill
Permalink
08/15/10 @ 10:48
Comment from: Anonymous Too [Visitor]
Can you imagine how bad it will be at the courthosue after the names of the 5 are released? There have already been open threats promising retaliation against "the five". Crigger,Littrell and the other indicted supervisors have been sarcastic and rude against the clerks working under them since January. The only way you were treated friendly and professionally by them is by joining their campaign scheme. One of the employees even retired during the campaign and NONE of the supervisors attended her party. She wasn't working for the Crigger campaign.
Permalink
08/15/10 @ 14:34
Comment from: Mr.NoName [Visitor] · http://Thankful for SI But ...
· http://Thankful for SI But ...
I think the Willis family knows that they will have a lot of eyes watching their every move. I don't foresee any funny business. (But I could be wrong.)
As for the speed of the trial, I hope the DA will offer an acceptable plea bargain to most of these women. I believe they should lose their jobs, do lots of community service, maybe pay a fine, and Crigger should have to plea to a felony so she cannot become the new District Clerk.
Hopefully most of this situation could be cleaned up before year end.
As for the speed of the trial, I hope the DA will offer an acceptable plea bargain to most of these women. I believe they should lose their jobs, do lots of community service, maybe pay a fine, and Crigger should have to plea to a felony so she cannot become the new District Clerk.
Hopefully most of this situation could be cleaned up before year end.
Permalink
08/15/10 @ 15:48
Comment from: cowgirl [Visitor]
How could the District Clerk not know what was going on in her own office?
Permalink
08/27/10 @ 00:36 Leave a comment:
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