C.T. "Rusty" HIGHT: "The Dry Cleaning Judge" The Innocent Left Unprotected

When the little cauldron of lawyers who want to find favor in Liberty County’s 75th District Court convene in their meeting places they must get a big laugh when we average people don’t use the terminology they studied in law school. But when we reported on the special deal that Judge C.T.”Rusty” Hight gave sexual predator, Jose Moore we used the term “judicial clemency” - we weren't really concerned about the lawyers because we really liked that term. We realize they do not teach it in law school but we see no reason to change it since it is our belief they do not teach much of what Hight does in his courtroom.

In this article we will post a brief review of one of Judge Hight’s sex offender cases to remind voters of a more detailed story we posted a couple of weeks ago (Hight: The Sex Offender Judge) and give readers an opportunity to then read about another case in Hight's court where his actions were much more like a dry cleaners than a Judge (Note: This case will probably be the last case we review before the election unless Hight's campaign publicly denies that he has carelessly let convicted criminals come into his court like filthy rags and leave like a snow white garment while those they have -or will- harm are left with no sense of justice). These cases are just examples of how Hight is not fulfilling his duties and responsibilities of protecting the society who has entrusted their safety and justice to him.

In The State of Texas v. Jose Moore, Judge Carol "Rusty" Hight allowed Moore off of his probation despite a report filed by the Houston Police Department which indicated an investigation of another sex offense and revocation of subject probation was severely in order. Then remember one day later Hight wiped this sex offender's record clean.(Only to claim two year later that it was - oops- a mistake when Moore's behavior came under the microscope of a news reporter.

Well oops, according to court records this concept of “judicial clemency” is not a one time thing for Hight. In today's article we have decided to look at another category of cases that endangers the public when a habitual criminal is not imprisoned. If wiping clean the record of a habitual sex offender doesn’t trouble you, how about woman who has plead guilty to aggravated assault with a deadly weapon that already has multiple DWI’s and a long list of other convictions? Is this the type of person we want our judges to release back on the streets without serving any time? How about another case of judicial clemency for this woman?

When Georgia Banning Welch appeared before Judge Hight she had already had years of problems with the law. She had been convicted of possession of an illegal substance, delivery of an illegal substance, multiple public intoxication, multiple assaults, family violence, multiple assaults, and one aggravated assault with a deadly weapon – 15 separate incidents, all conviction. That is convictions in Liberty County alone, not to mentionany other charges that were filed that she may have gotten off on or any convictions in other jurisdictions. Does this sound like a candidate for the complete and total mercy of the court?

When CR #27117 The State of Texas v. Georgia Banning Welch came before Judge Hight, the only decision left to be made was the Judge’s decision to choose between a mandatory sentence of 2 years to 99 years. Welch’s guilty plea to aggravated assault with a deadly weapon and the enhancements that came with her prior conviction made five years in prison the least a high priced expert attorney from Houston could have hoped to get for. (Note: the enhancement was in effect because Welch was sentenced to four years in prison and served time by Liberty’s 253rd District Court - penal code 22.2 & 12.42).

But according to court records in January of 2009, Welch changed from attorney Eric C. Carcerano to local lawyer Michelle Merendino. That’s right! Merendino... Readers may recall her name as the lawyer Judge Hight and other Democrats recruited to run against Republican 253rd Judge, Chap Cain. Not only was Merendino unsuccessful, but the primary voters in that election also rejected one of the three family members trying to dominate local politics in this election cycle. (Note: Hight and his nephew, Zack Zbranek is the Democrat’s nominees for two of the three local judicial seats, but Hight’s father-in-law lost in an unprecedented rejection of an incumbent Republican Party Chairman). Merendino, as we have said before, is one of the tenants of the Hight Trust – she rents from the judge! Allegations have circulated that local attorneys who rent from Hight or his "Hight Trust" are given special consideration and ruling in Hight's court.

With Merendino involved in the case, a not so funny thing happened on the way to finishing the open and shut case of Gloria Banning Welch. Despite Welch’s guilty plea and certain conviction, Hight (with District Attorney Mike Little’s office’s approval) reduced the charges. Hight and Little had an absolute cinched case. By statute the criminal would have to serve at least 2 years. But now for reasons we leave up to the reader to decide, a serial drunk driver that also has repeatedly endangered our community by assaulting people and using and delivering illegal drugs, has been sent back out amongst us. Hight sentenced this woman with over fifteen separate convictions to five years deferred adjudication.

But the outrage doesn’t end there - just like we have seen in the Moore case before, Hight then waited a day after sentencing and terminated Welch’s probation with his application of “judicial clemency”. The very next day Hight granted an early termination of deferred adjudication!  We are not sure there was even time to type all of the pages that laid out the conditions of the convicted Welch before she was given this special deal by Judge Hight. It almost seems like the court proceedings were part of some play being acted out for the public. Despite another highly unusual and inexplicable act of clemency by Hight here is the very routine language found in the court documents concerning this ruling:

“Georgia Banning Welch has satisfactorily completed the community supervision to date. The best interest of society and Georgia Banning Welch will be served by discharging Georgia banning Welch and dismissing the charge of Aggravated Assault with a Deadly Weapon.”

Now almost like some kind of dry cleaning service with three different stages, Hight, Merendino, and Little – and Gloria Banning Welch was home free after June 5, 2009. Public be warned!

Note to readers: Ms. Banning was arrested again this summer, but Liberty dispatch has decided to avoid spending any more time chasing down Hight and Little’s courtroom games. Merendino, we are sure, is available to miraculously rescue Welch again for a fee.

Liberty Dispatch Contributor