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Judge Wooten subpoenas Roach and staff (Updated twice)
09/23/10
01:44:23 am, by bill 
, 412 words, 
Categories: Observer Opinions, Open Government, Law, Crime & Punishment, Ethics
Judge Wooten subpoenas Roach and staff (Updated twice)
Judge Mark Rusch has set a hearing for 9 AM on September 30th to hear the motion by Judge Suzanne Wooten to compel Rusch to either admit that he ordered the appointment of a Special Prosecutor against Wooten or deny it.
Wooten has issued subpoenas for:
- John R. Roach, Sr., Collin County District Attorney
- Gregory Davis, Collin County First Assistant District Attorney
- Christopher Milner, Chief, Special Crimes Division, Collin County Attorney
- Harry White, Assistant Texas Attorney General and Special Prosecutor in investigation against Wooten
The purpose of the hearing is so that Wooten's attorneys can find out who appointed Mr. White as special prosecutor and when the appointment was made.
That's it. Just to find out who and when. Normally and by law, such an appointment is ordered by a judge, and then his order is filed with the District Clerk - as is every other order of a District Court.
Why is the District Attorney's office is keeping this normally public information a secret? The DA has admitted, in a press release, that "a court" had appointed a Prosecutor pro tem (Special Prosecutor). So why keep the details of the appointment hidden from the target of the investigation, and the taxpayers?
Every Collin County felony court has a long backlog of cases. Courtroom time is expensive. But Judge Wooten is forced to go seek a court order in order to find out what she or you or I should be able to get by simply asking.
Now I'm not an attorney, but I don't have to be to call the whole situation goofy.
Bill
UPDATE September 23, noon
The Collin County Observer has been informed that Judge Rusch has released a copy of his order appointing Harry White as Prosecutor Pro Tem. The appointment was dated July 22, 2010. As far as I know, no explanation was given as to why this appointment was not publicly filed in the District Clerk's office, as required by law.
Nor has there been any explanation why the District Attorney's recusal has not been filed with the appointment.
The hearing on the 30th will proceed so that witness can be examined to find out where and why the Collin County District Attorney's Office was disqualified (or recused) from the investigation it had initiated against Judge Wooten.
UPDATE September 30 1:00 AM.
The hearing scheduled in the 401st this morning is cancelled. Since Judge Rusch released his appointment of a special prosecutor, the issue to be considered at the hearing is moot.
Bill
Comments, Pingbacks:
Comment from: Confused [Visitor]
I thought Harry White's name sounded familiar...
http://www.planostar.com/articles/2010/07/02/mckinney_courier-gazette/news/355.txt
"Schulte then sent another public information request regarding an order signed by 366th District Court Judge Ray Wheless to appoint a special prosecutor to investigate Wooten for the DA's office. Attorneys learned that [Harry] White was "allegedly deputized as an assistant district attorney for Collin County," according to the motion."
This mentions White as a special prosecutor back as early as July 2, 2010 when this article was written. It looks like based on this article, this is related back to something Judge Wheless signed back months ago. I'm confused. Would White have to be re-appointed with a new grand jury? Or would the previous order, apparently signed by Judge Wheless as previously reported, still stand?
The Observer responds:
There is a huge difference between Mr. White being deputized by John Roach and being appointed as a special Prosecutor by a court.
In the first instance, White would work for the DA and the DA would be in charge of the investigation.
In the second, White would act independently sharing nothing with the DA who was disqualified from being a part of any investigation/prosecution.
Herein lies a real issue for Wooten's attorneys (and one I'm sure they are pursuing). How can White go directly from being a part of the District Attorney's investigation to an independent investigation? Is Roach still calling the plays? How independent can White be given the circumstances?
Bill
http://www.planostar.com/articles/2010/07/02/mckinney_courier-gazette/news/355.txt
"Schulte then sent another public information request regarding an order signed by 366th District Court Judge Ray Wheless to appoint a special prosecutor to investigate Wooten for the DA's office. Attorneys learned that [Harry] White was "allegedly deputized as an assistant district attorney for Collin County," according to the motion."
This mentions White as a special prosecutor back as early as July 2, 2010 when this article was written. It looks like based on this article, this is related back to something Judge Wheless signed back months ago. I'm confused. Would White have to be re-appointed with a new grand jury? Or would the previous order, apparently signed by Judge Wheless as previously reported, still stand?
The Observer responds:
There is a huge difference between Mr. White being deputized by John Roach and being appointed as a special Prosecutor by a court.
In the first instance, White would work for the DA and the DA would be in charge of the investigation.
In the second, White would act independently sharing nothing with the DA who was disqualified from being a part of any investigation/prosecution.
Herein lies a real issue for Wooten's attorneys (and one I'm sure they are pursuing). How can White go directly from being a part of the District Attorney's investigation to an independent investigation? Is Roach still calling the plays? How independent can White be given the circumstances?
Bill
Permalink
09/23/10 @ 08:24
Comment from: Unofficial Spokes-Person for the P O P [Visitor]
I'm not an attorney either, but I call the whole situation a clear case of insanity. That's what it is. Insanity.
If your statement, "Normally and by law" is correct, then how and why are these public officials who have sworn to uphold the laws of our land being allowed to so flagrantly violate such laws and the trust of those they are paid to serve while creating what appears to be a mockery of our justice system?
How long will this kind of behavior be tolerated and allowed to continue and at whose expense?
This is obviously going to do "wonders" for the level of trust that citizens of Collin County "should" have in their District Attorney's office. Isn't there an H P "Higher Power" that can step in and get to the bottom of all this?
With Gotham City facing it's "darkest hours" and it's finest seemingly at odds with the system, who can the taxpayers of Collin County call on for help? Maybe Superman, Lassie or Millie the Angelic Being? Where are the Feds in all of this?
Permalink
09/23/10 @ 15:07
Comment from: Philip W. Moore, Jr. [Visitor]
"Hello I’m Harry White, Assistant Attorney General, if there is one thing we can all agree on, it’s the importance of open government. Without transparent operations, our government will lose the faith of the public. We can all do our part by working hard to comply with the standards set by the public information laws."
Permalink
09/24/10 @ 14:06
Comment from: Wanna Be There [Visitor]
Bill,
Is this hearing open to the public?
If so could you post the court information, etc.
I sure as heck want to see & hear Roach & Milner explain their latest, smoke filled back room buffoonery.
====================
The Observer responds:
The hearing is open to the public and will be in the courtroom of the 401st District Court which is in the new courthouse, 2100 Bloomdale Rd. in McKinney, I believe the 401st is on the 3rd floor.
The hearing is on September 30 at 9:00 AM
Bill
Is this hearing open to the public?
If so could you post the court information, etc.
I sure as heck want to see & hear Roach & Milner explain their latest, smoke filled back room buffoonery.
====================
The Observer responds:
The hearing is open to the public and will be in the courtroom of the 401st District Court which is in the new courthouse, 2100 Bloomdale Rd. in McKinney, I believe the 401st is on the 3rd floor.
The hearing is on September 30 at 9:00 AM
Bill
Permalink
09/24/10 @ 16:56
Comment from: Blue Horseshoe [Visitor]
According to Collins website, these two entries are listed:
09/30/2010 CANCELED Motion Hearing (9:00 AM) (Judicial Officer Rusch, Mark)
Per Attorney
09/30/2010 Motion Hearing (9:00 AM) (Judicial Officer Rusch, Mark)
M/File and Produce Order Appointing Attorney Pro Tem and Related Disqualification Documents
I'm not sure if this means no hearing.
09/30/2010 CANCELED Motion Hearing (9:00 AM) (Judicial Officer Rusch, Mark)
Per Attorney
09/30/2010 Motion Hearing (9:00 AM) (Judicial Officer Rusch, Mark)
M/File and Produce Order Appointing Attorney Pro Tem and Related Disqualification Documents
I'm not sure if this means no hearing.
Permalink
09/24/10 @ 21:49
Comment from: COLLIN COUNTY ATTORNEY [Visitor]
Wanna Be There -
Even though people get subpoened, they do not necessarily testify. Cases are cancellled, rescheduled, settled, certain motions are found moot if compliance is made.
So, if you go to court, you may be watching another criminal trial, agreed divorce prove ups, discovery disputes, you name it! The best way to know if the hearing is on is to contact the filing attorney.
Even though people get subpoened, they do not necessarily testify. Cases are cancellled, rescheduled, settled, certain motions are found moot if compliance is made.
So, if you go to court, you may be watching another criminal trial, agreed divorce prove ups, discovery disputes, you name it! The best way to know if the hearing is on is to contact the filing attorney.
Permalink
09/25/10 @ 12:37
Comment from: Wanna Be There [Visitor]
Yes, that's probably the best way.
Although it sure does seem like some people don't want the public to attend.
We'll take our chances and show up anyhow.
Although it sure does seem like some people don't want the public to attend.
We'll take our chances and show up anyhow.
Permalink
09/27/10 @ 13:22
Comment from: Anon [Visitor]
I heard through the grapevine that the hearing was actually removed today after Roach released the document Judge Wooten's lawyers requested.
Why was this Motion to Recuse kept secret? Why wasn't it in the hands of the District Clerk? Isn't that Tampering with a Governmental Record? Lawyers in Collin County have been indicted by this regime for a whole lot less!
Something sure stinks about this whole thing... December 31 can't come soon enough!
Why was this Motion to Recuse kept secret? Why wasn't it in the hands of the District Clerk? Isn't that Tampering with a Governmental Record? Lawyers in Collin County have been indicted by this regime for a whole lot less!
Something sure stinks about this whole thing... December 31 can't come soon enough!
Permalink
09/30/10 @ 00:24
Comment from: anon [Visitor]
Dallas Morning News, October 5, 2010
"Feud escalates between Collin County District Attorney John Roach, state District Judge Suzanne Wooten"
Roach refuses any indictments from the Thursday grand jury, presumely including his own.
Schulte says Roach is just scared.
"Feud escalates between Collin County District Attorney John Roach, state District Judge Suzanne Wooten"
Roach refuses any indictments from the Thursday grand jury, presumely including his own.
Schulte says Roach is just scared.
Permalink
10/05/10 @ 18:14 Leave a comment:
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