Giving new meaning to Texas Hold ‘em

This isn't the first example of the discretionary use by Texas officials of public 'valuables.' Earlier this month, Gary Tuchman found another abuse of forfeiture laws in this town of Tenaha.
Big salary bonuses are not only for Wall Street bankers. You too can get a big bonus if you work for your government! Well, put it this way, we now know there is precedent for it. A former District Attorney in Texas has acknowledged to us that he paid hundreds of thousands of dollars over a period of eight years to three of his secretaries. He calls it a “stipend,” but for secretaries who made between $40,000 – $50,000 in base salary each year, the former DA acknowledges it might have amounted to a doubling or even more of their salaries. Joe Frank Garza told me they deserved the money because “they were loyal…my eyes and ears in the community..(and they) watched my back.” And he is very comfortable with what he did. But lots of other people, including the District Attorney who beat Garza in his re-election battle, are stunned by the admission. You see, the money comes from criminals and accused criminals. Texas, like many other states, has forfeiture laws. Police are allowed to seize certain valuables, like money and drugs, from people who are suspected of serious crimes. The idea is not to let criminals profit from their crimes. Ultimately, police can use money for “law enforcement purposes. The district attorney’s office also gets a cut; and can use the money for “official purposes.”But what the heck are official purposes?
The former DA tells me it’s very ambiguous; so he felt free to make those determinations. What particularly bothers his critics is that the hundreds of thousands paid in “stipends” could have been spent on things like more police cars, bulletproof vests, and computers. But Garza tells us he spent the money on those things too. He says he had plenty to spend. Which raises this question: does it all increase temptation to seize valuables from citizens who are not suspected of serious crimes? Garza says absolutely not; and so does the longtime sheriff in the county. But Texas’ confusing forfeiture laws have led to many police seizures that are controversial and have resulted in lawsuits. So what’s the solution? Perhaps clearer and more stringent forfeiture laws. The Texas legislature is considering such a bill right now. The Senate has passed it; the House is considering it. But Wednesday of this week is the last day for legislators to consider bills for this year’s session. So unless it’s taken up very quickly, change may still be at least a year away.

Jail For Criticizing Federal Prosecutors

A federal judge has sent a Kansas man to prison for criticizing federal prosecutors, claiming that the man posed a threat of “continued criminal defamation of government counsel and witnesses.” The man (Guy Neighbors) in the northwest Kansas college town of Lawrence has been accused of selling stolen goods in the popular secondhand store he has owned for two decades and has been free on bond pending trial in October. For more than four years federal prosecutors and local police have tried shutting down Neighbors’ store (the Yellow House) but the charges have been dropped once by a federal judge and the trial date has been moved more than a dozen times. This week U.S. Magistrate Judge James O’Hara revoked the man’s bond (effectively sending him to prison) because federal prosecutors pointed out that in late April he made statements in electronic mails that accused them and police of corruption in the stolen-goods case against him. The email that landed Neighbors in jail said prosecutors and police officers have acted “in a pattern of conspiracy and cover-up.” Neighbors had previously posted blogs that were similarly critical of authorities, including officers at two local police departments and the federal prosecutor handling his case. A web site dedicated to following the case posts all the federal documents, including the judge’s order to revoke bail and official transcripts of lengthy court hearings almost entirely devoted to Neighbors’ internet blogging on the matter. It also includes Neighbors’ request for a change of venue alleging he can’t get a fair trial in Kansas.

Wichita court records altered

Three indicted for alleged scheme to alter Wichita Municipal Court bond documents.

By The Capital-Journal
Created May 15, 2009 at 11:13am
Updated May 15, 2009 at 11:29am
WICHITA— Three Wichita women have been indicted in connection with an alleged scheme to alter Wichita Municipal Court bond records used to defraud bonding companies. The eight-count indictment unsealed Friday alleges court employee Kaylene Pottorff took bribes to change city court records for bondsman agents Alicia Bell, 35, and Jessie Garland, 41. Pottorff, 53, worked as a collections officer in the court from March 2004 to April 2008. She is charged with two counts each of conspiracy, impairing computer data and bribery. Bell and Garland each face a single counts of conspiracy impairing computer data and bribery. All three women have been arrested.
It was not immediately clear if Pottorff and Garland had attorneys. Attorney Mike Hepperly, who is representing Bell, did not immediately return a call for comment. The indictment alleges Pottorff altered the court's computerized records systems on multiple occasions between March 2004 and April 2008. Bell and Garland then allegedly used the altered lists of active bonds to create false jail booking forms that corresponded with names of bonded defendants. The indictment charges Bell defrauded her biological mother, Pearl Neal, AAA Bonding Co., and others. It charges Garland defrauded Larry Hiebert and B&J Enterprises, which were the bondsman and surety on Garland's bonds. If convicted, the women face up to five years in prison and a fine of up to $250,000 on the conspiracy charge. The computer fraud and bribery counts carry penalties of up to 10 years in prison and a fine of $250,000, according to the U.S. attorney's office. Pottorff and Bell have an initial court appearance Friday in U.S. District Court in Wichita. Garland is in custody in Arkansas, and her court date has not yet been set.