The Collin County Observer

The case of The state of Texas vs. Mark Bell has been getting a lot of attention. However, the details of the grizzly murder for hire crime have been overshadowed by a search warrant issued to a defense attorney's files.

In the affidavit for the search warrant, Frisco police Detective Clay Anderson told of talking with "a female individual whose telephone voicemail message identified her as 'Shawna'." in the parking lot after the grand jury hearings on the Bell case.

Detective Anderson wrote that "Shawna" said that Mark Bell's wife, Linda was agitated and enraged, and told her that the "dumb bastards" think they have the shoes Mark Bell was wearing at the time of the murder, but that she(Linda Bell)had sent them to "Gore". A week later, Detective Anderson spoke with Linda Gore,who admitted sending attorney Keith Gore the boots, some letters Mark Bell had written her from jail, an orange box, and a timecard. Linda Bell told Anderson that as far as she knew, the items were still at Keith Gore's office.

Based on this story, Judge Mark Rusch issued a search warrant, stipulating that a court "Master", Eric Higgins would be present. The warrant also required all evidence seized to be turned over to Judge Rusch for his "in camera" inspection.

The warrant specifically required the police to seize:
"a. Letters, cards and envelopes written at and/or sent from the Collin County Jail by inmate Mark Bell, to his spouse, Linda Bell..."
"b. A shoe box and
c. Men's boots."

The return inventory of items seized, however listed:
1. "Six envelopes containing handwritten letters"
2. "Sealed orange and white box"
3. "Multiple paged stapled document"

No boots were found, no timecard was ever mentioned and even more troubling was the seizure of the "Multiple paged document" not listed in the warrant.

In a pleading to the court, Keith Gore asserts that he "has never been in possession, at any time, of any boots, shoes or any type of footwear relevant to this cause." Gore also swore that he has "no actual knowledge of what was in the sealed box." Gore stated that he had planned to open the "box under conditions that would preserve the integrity of its contents", and that he has "no way of now knowing what was in the box or how it may have assisted the client's defense." Gore went on to state that he now has "no way of assessing how the seizure of the box may have forever compromised the defendant's ability to present an effective defense."

Visiting Judge Gary Stephens will hear testimony on conflicting motions by the State and the defense in a hearing scheduled for August 5. As of now, the defense has asked for the recusal of Judge Rusch, and for suppression and return of seized evidence. The State has asked for Keith Gore to be dismissed as defense counsel, so the DA can call him as a witness.

The Gore warrant is gaining national attention. Last week, the Texas Attorney General wrote that there was no grounds to seek Judge Rusch's recusal. the Attorney General also asked Judge Stephens to, "'quash' the subpoenas requiring Rusch and Dry to appear in court for the hearing". And the Texas Criminal Defense Attorney's Association has assigned an observer to monitor the case.

As Alice noted in her own slide down a rabbit hole, "couriouser and couriouser".

Bill

Notes and Links:

The Warrant, affidavit and return and more

The Defense motion in Response to the State's Motion to Disqualify Defense Counsel

MCG - AG opposes subpoenas of Rusch and Dry - CCO, July 23, 2008

Not Judge Rusch's first controversial warrant - CCO, July 21, 2008

NBC5 - Detectives Seize Documents From Murder-For-Hire Suspect's Attorney - CCO, July 18, 2008