The Collin County Observer™

In a hearing yesterday morning, Senior (visiting) Judge John Nelms accepted 'not guilty' pleas from incoming District Clerk Patricia Crigger and from Deputy District Clerks Sherry Bell, Rebecca Littrell, Amy Mathis, Lorrie Robertson, and Marcia Simpson.

Sherry Bell	Patricia Crigger	Rebecca Littrell
Amy Mathis	Lorrie Robertson	Marcia Simpson

The six defendants stood in a line with their attorneys as the indictments were read by the judge. After reading each of the two indictments, Judge Nelms asked each in turn for their plea. All responded with "not guilty".

All six were indicted last month on charges of "Engaging in Organized Criminal Activity", theft and falsifying government documents for their roles in an alleged "Blue Book" scheme to award unearned paid days off for campaign work for Patricia Crigger.

Conviction on the charges could result in prison time from 2 to 20 years plus a fine.

The indictments were read as part of a 2 hour 'First Appearance' hearing. At the hearing, Judge Nelms heard and ruled on several defense motions filed by Deric Walpole, who is Rebecca Littrell's attorney.

The first motion was to limit publicity on the trial with a 'gag order'. Walpole had subpoenaed Ed Housewright of The Dallas Morning News, Danny Gallagher of the McKinney Courier-Gazette and me as owner of The Collin County Observer.

The Dallas Morning News sent an attorney who claimed 'reporter's privilege' under the Texas shield law for Mr. Housewright. After hearing arguments, the judge ruled that Housewright did not have to testify (except to answer a question of the size of the Morning News' readership). Both Gallagher and I took the stand to testify that we had published articles about the cases.

On cross examination, The First Assistant DA, Greg Davis asked me if I had an opinion on restricting publicity. I replied that "These trials are for official corruption by public servants, and that the public had an absolute right to know what went on in the trials."

Nelms ruled against restricting publicity, but he did issue a stern lecture to the participants on refraining from trying the case in the press.

Judge Nelms told those in the courtroom that, "The evidence does not, in my opinion, override the First Amendment. Therefore I will not restrict publicity. While I am not prepared to make such an order, I advise all to refrain from publicly commenting [on the trials]"

Judge Nelms went on to say, "I consider myself to be a rather laid back judge... but when I ask for something to be done, or not done, which I have the right to do - and it is done, it gets my gander up."

"If I read [about] it, and I know where it comes from, I will be extremely unhappy", Nelms told the court.

The defense complained that the release, by the District Attorney, of over 13,000 documents was an underhanded leak to the press. He asked that all further filings be done "in camera" [secretly, in the judge's chambers]. Nelms agreed.

The district attorney's office had filed a motion asking for expedited trials. Judge Nelms, overruling vigorous objections by Crigger's lawyer and by Walpole, told the court that he, "wanted to try these before the end of the year" when their would be a change of administration in the District Attorney's office. The current DA, John roach will retire on December 31. An election in November will determine who the next DA will be.

Stating that, "The citizens of the county are entitled to a speedy resolution", Nelms brushed aside attorney Robert Hinton's objection that, "There was no way we can be ready.".

"The citizens of Collin County are deserving of a speedy [trial], Nelms ruled.

In granting the expedited trail schedule, Judge Nelms set the next hearing date for September 27, and a trial date of November 15.

At the September hearing, Nelms is expected to hear arguments on defense motions to:

• 'Sever' the trials, trying each defendant separately.
• Disclose the identity of the informers whose complaints to The Texas Rangers led to the June raid on the Collin County courthouse.
• unseal and release the transcripts of the grand jury's deliberations.

Mr. Walpole also told the court that he may be filing a motion for a change of venue.

One of the more bizarre twists in the story is that Littrell's attorney, Deric Walpole, once defended himself against the same charge of tampering of a government document his client now faces.

Those charges, which were later dismissed as baseless, were prosecuted by Chris Milner, the same assistant district attorney who is prosecuting the six district clerks.

Milner, Davis and DA John Roach have come under intense criticism for vigorously prosecuting several high profile cases that were later tossed out.

These cases include:

• The 2003 indictment of Deric Walpole and James Vasilis for tampering with a government document -- later dismissed.
• The 2004 indictment of Dallas County Sheriff Jim Bowles. These indictments were later thrown out by a Dallas judge.
• The 2010 investigation and eventual grand jury 'no bill' of District Attorney candidate Judge Greg Willis.
• The on again, on again grand jury investigation of District Judge Suzanne Wooten. Last June, a judge ruled that the DA could not reconvene the grand jury to vote on a possible indictment of Judge Wooten.

In another ironic twist in these trials, last year the Collin County DA's office acted as special prosecutors and successfully tried Ray Sumrow, the Rockwall County DA who was convicted of theft and sentenced to prison by the same Judge Nelms who is presiding over these district clerk cases.

Bill

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Other media coverage of yesterday's hearing:

McKinney Courier-Gazette, District clerks plead not guilty

The Dallas Morning News, Incoming Collin County District Clerk Patricia Crigger pleads not guilty to corruption charges