Oh how different it must be to walk in the world well known and powerful and to claim your fall from grace was being caused by the same culture that lifted you to the heights. To have sat on your hands and watched as the least among us could find no audience for their claims of innocence and then in your day of trouble to point to the system you have been helping to run and to point to those in it and to proclaim you have been done wrong.
Those that have felt the rotten courthouse culture we have had around here for years has caused them to be dealt with unjustly must really be shedding crocodile tears. Oh but wait Judge Fitzgerald, your accuser is not local, he is federal. He has no ties here. He has no reason to believe one person over another. This outsider has a reputation just the opposite of the culture you have helped to perpetuate. He has a reputation of following the facts. So any comparison with others folks claiming their legal matters in Liberty County have been determined by politics ends there.
But hearing the acknowledgment of a political culture that exerts influence in Liberty County’s justice system should not end here. This should be the beginning Judge Fitzgerald. Many have pointed at our system and proclaimed what you now have, but people like you denied it. This can be a new beginning for you. Start with the names of the people you are accusing. Spell them out! Who are you talking about? Your known nemesis? Are you talking about revenge and on your budget slashing attempt? Or are you talking about the mail thief who was gathering information to defame one of your opponents? Oh it truly is a political world you come from.
But let me make a suggestion to you. Rather than point to people who may have told about your FEMA contracts for revenge for things you have done or things you have been involved with, why don’t you do something to lessen your penalty and to help Liberty County. Why not point to the one whose budget has been dramatically increased? The “politics” of turning over information that may lead to the arrest and conviction of your enemy is not illegal. In fact, it helps keep our public officials cleaner than they otherwise would be. But wheeling and dealing to hide or suppress evidence and benefiting by that with a larger budget among other things - that kind of finger pointing may benefit your case as well as benefit the public.
Or you can take your chances on telling the good people in Beaumont what a political bunch of “gotcha politics” we have over here. But if you do stick with your current defense, please think of all of the known attempts to indict those who have spoken up about your FEMA contracts. Think of the Grand Juries and the people in the District Attorney’s office and attempts to imprison people that have not taken one red cent from taxpayers - now that is political!
Sunday, January 30, 2011
THE DEVIL MADE ME DO IT!
Monday United States Magistrate Judge Earl Hines will preside over perhaps the most infamous case alleging fraud by a public official in Liberty County history. The case should feature the evidence brought forth by U.S. Attorney John Bales alleging former Liberty County Judge, Phil Fitzgerald and former Liberty County Commissioner, Lee Groce used their elected positions to fraudulently influence and award debris removal contracts to a company in return for sub-contracts being awarded to Fitzgerald’s brother-in-law, Mark Miksch. It should also feature a vigorous defense focused on how those charges are not valid. But it may not. What Judge Hines may not be prepared for is the attempt to shift this case away from the devastating events emanating from the Hurricane Ike’s landfall on September 13, 2008 to the world of backroom wheeling and dealing that KSHN’s Bill Buchanan and Fitzgerald have been living in for decades.
Liberty Dispatch has been told Phil Fitzgerald is represented by Beaumont attorney Lum Hawthorne, but we have reason to wonder if Lum has taken a backseat to Buchanan and Fitzgerald. Rather than take an opportunity to defend himself, once again Fitzgerald through KSHN radio is claiming innocence and blaming this all on his political opponents. Rather than take the opportunity to explain why a county official is entitled to have $612,000 of taxpayer money in his bank account, Buchanan and Fitzgerald are behaving more like the November 2010 general election is at stake. KSHN seems intent on a media campaign that simply repeats that “the former county judge did nothing wrong and will be vindicated in court”. Less than 100 days ago efforts like that put Fitzgerald and Groce on the list of unemployed former public officials. Liberty County voters have a history of almost always re-electing incumbents, but both men got trounced on election day. There have been plenty of political prosecutions around here, but in order for it to be a legitimate defense the person claiming to be a victim better be armed with reasons why they are innocent.
Up until now Fitzgerald seems to think the efforts made by Buchanan and KSHN, along with his own denials (“can’t wait to tell his side of the story”), is a valid defense. Liberty Dispatch can’t help but wonder out loud if a very experienced highly paid attorney like Lum Hawthorne would himself direct the defense towards this kind of strategy. But Hawthorne to this point seems to be endorsing the media campaign. KSHN (with their special access to Fitzgerald) is reporting that Lum Hawthorne has written a letter on behalf of his client that asserts the FEMA fraud charges “originated with Judge Fitzgerald’s political opponents who fed the U.S. Attorney information” that was incomplete or incorrect. Liberty Dispatch wonders why Hawthorne would go along with such rhetoric. The results of the last election would seem to suggest that voters do not believe there is any “incorrect or incomplete information”. Why not tell us what it is? Or is the defense hoping that just the idea of politics being involved will help absolve them of any wrongdoing?
Taxpayers in a federal court may not be impressed by the “shoot the messenger” strategy that Liberty County politicians and Bill Buchanan have used for years to intimidate challengers to their agendas and to do whatever they wanted to do around here. Most of us do not appreciate any attempt to put a whistle-blower on trial, nor will we fail to ask the pertinent question: “Is politics relevant to the guilt or innocence of a public official who has been proven to have used a FEMA generator illegally and who appears to have tried to hide the financial trail of over $3,000,000 worth of FEMA contracts that lead back to him?”
The political system is adversarial by design and the public depends, in part, on being informed by the people that want their opposition out of office. Most should hope for more public officials and political activists that speak out against practices like the ones alleged in these indictments.
If anything, by the end of it the Fitzgerald case should point to that part of our system that really is broken in Liberty County, the media. The importance of the first amendment’s protection of press is so people in positions like Bill Buchanan can vigorously expose wrongdoers without being shut down, not so they can try and redirect potential jurors. Buchanan by his relentless campaign on behalf of Fitzgerald and other behavior through the years is viewed by some as an enabler at a minimum. Fitzgerald and Buchanan have depended on politics to have their way on many things and they have made a great deal of money through politics. Now what do they want to say? Is the political world they have used to create their own little worlds is no longer working for them? How is that a defense against these charges?
Are they now going to complain about the same the politics of the courthouse or the rules in an investigation or the process of indictment? Look at this “reporting” by KSHN for example: “The lawyer also points out that government attorneys refused his offer to speak with them before they presented the case to a grand jury.” Buchanan knows there is nothing unusual about this but he will saturate the public airwaves with this kind of stuff as if it is a legitimate defense. His spin on stuff like this is legendary. But does it explain away all of the money that came his friend’s way?
Liberty Dispatch has been told Phil Fitzgerald is represented by Beaumont attorney Lum Hawthorne, but we have reason to wonder if Lum has taken a backseat to Buchanan and Fitzgerald. Rather than take an opportunity to defend himself, once again Fitzgerald through KSHN radio is claiming innocence and blaming this all on his political opponents. Rather than take the opportunity to explain why a county official is entitled to have $612,000 of taxpayer money in his bank account, Buchanan and Fitzgerald are behaving more like the November 2010 general election is at stake. KSHN seems intent on a media campaign that simply repeats that “the former county judge did nothing wrong and will be vindicated in court”. Less than 100 days ago efforts like that put Fitzgerald and Groce on the list of unemployed former public officials. Liberty County voters have a history of almost always re-electing incumbents, but both men got trounced on election day. There have been plenty of political prosecutions around here, but in order for it to be a legitimate defense the person claiming to be a victim better be armed with reasons why they are innocent.
Up until now Fitzgerald seems to think the efforts made by Buchanan and KSHN, along with his own denials (“can’t wait to tell his side of the story”), is a valid defense. Liberty Dispatch can’t help but wonder out loud if a very experienced highly paid attorney like Lum Hawthorne would himself direct the defense towards this kind of strategy. But Hawthorne to this point seems to be endorsing the media campaign. KSHN (with their special access to Fitzgerald) is reporting that Lum Hawthorne has written a letter on behalf of his client that asserts the FEMA fraud charges “originated with Judge Fitzgerald’s political opponents who fed the U.S. Attorney information” that was incomplete or incorrect. Liberty Dispatch wonders why Hawthorne would go along with such rhetoric. The results of the last election would seem to suggest that voters do not believe there is any “incorrect or incomplete information”. Why not tell us what it is? Or is the defense hoping that just the idea of politics being involved will help absolve them of any wrongdoing?
Taxpayers in a federal court may not be impressed by the “shoot the messenger” strategy that Liberty County politicians and Bill Buchanan have used for years to intimidate challengers to their agendas and to do whatever they wanted to do around here. Most of us do not appreciate any attempt to put a whistle-blower on trial, nor will we fail to ask the pertinent question: “Is politics relevant to the guilt or innocence of a public official who has been proven to have used a FEMA generator illegally and who appears to have tried to hide the financial trail of over $3,000,000 worth of FEMA contracts that lead back to him?”
The political system is adversarial by design and the public depends, in part, on being informed by the people that want their opposition out of office. Most should hope for more public officials and political activists that speak out against practices like the ones alleged in these indictments.
If anything, by the end of it the Fitzgerald case should point to that part of our system that really is broken in Liberty County, the media. The importance of the first amendment’s protection of press is so people in positions like Bill Buchanan can vigorously expose wrongdoers without being shut down, not so they can try and redirect potential jurors. Buchanan by his relentless campaign on behalf of Fitzgerald and other behavior through the years is viewed by some as an enabler at a minimum. Fitzgerald and Buchanan have depended on politics to have their way on many things and they have made a great deal of money through politics. Now what do they want to say? Is the political world they have used to create their own little worlds is no longer working for them? How is that a defense against these charges?
Are they now going to complain about the same the politics of the courthouse or the rules in an investigation or the process of indictment? Look at this “reporting” by KSHN for example: “The lawyer also points out that government attorneys refused his offer to speak with them before they presented the case to a grand jury.” Buchanan knows there is nothing unusual about this but he will saturate the public airwaves with this kind of stuff as if it is a legitimate defense. His spin on stuff like this is legendary. But does it explain away all of the money that came his friend’s way?
Saturday, January 29, 2011
DISROBED AND DEFENSELESS
Some people may announce that the controversy is over before most of the public even hears about it, but Liberty County taxpayers may have a very different view after seeing the prisoners tracking out of the Zack Zbranek law offices just before lunch on Friday January 21, 2011. As some observed almost $100,000 of county property being returned to the courthouse by prisoners in orange jumpsuits, they would be more than justified if once again they patted themselves on the back about voting overwhelmingly to evict Judge CT Rusty Hight from his position as the District Judge of the 75th District Court.
Defeated and embittered, in his last days in office, rather than do his work by holding court, Judge Hight decided to strip the offices of the newly elected judge of all of the books used by judges to reference court cases. This kind of behavior may have been just a vengeful attack on his opponent, but it hurts everyone that loves this county or loves justice. Newly elected District Judge, Mark Morefield was not available for comment.
Records obtained from the County Auditor’s office through an open records request indicate that over $90,000 in the last six years have been spent to keep the library in the 75th judicial up to date. The County Auditor’s office indicates a great deal more money has been spent on black letter law books for that office, but copies of invoices only go back to September 30, 2004. All of that money is taxpayer money and you don’t have to a law degree to know those books belong to Liberty County.
After losing at the polls in the November election, former Judge Hight added to his legacy of allowing sex offenders to go free and wheeling and dealing cases with friends of the court and allowing District Attorney, Mike Little to selectively prosecute political enemies. He can now forever be remembered by the way he not only quit kissing babies after the election was over, but how he quit holding court. He now can say he took the tools purchased by taxpayer money and needed by all judges and left WE THE PEOPLE to pay the price for his theft. How proud he must be of his public service!
In a ridiculous effort to justify taking public property, former Judge Hight claimed he merely took his brother-in-law’s- the late J.C.”Zeke” Zbranek’s law books. But believing that excuse would require someone to believe our former District Judge had no inkling of the laws having to do with ownership and that he was not bright enough to remember purchasing boxes and boxes of books and stocking row after row of shelves in his office in the courthouse. Most of that was done after Judge Zbranek was retired and many of the purchases were made after Judge, Zbranek’s death. How could anyone believe those books were former Judge Hight’s brother-in-law’s? And if someone still wants to give former Judge Hight the benefit of the doubt, the explanation of why he still refused to return the books when dates are in the books and the county receipts are on file.
On top of all of that, anyone that thinks this was just an oversight or mistake needs to know one other thing. Judge Hight openly considered taking all of the furniture too!
This issue is resolved according to some. On December 17, 2010 County Attorney, Wes Hinch was asked to help resolve the problems identified after newly elected District Judge, Mark Morefield walked into his new office and found the entire wall full of law books were missing. Wes Hinch immediately requested documentation from County Auditor, Harold Seay. Wes Hinch awaited documentation clearly showing county ownership of most of the books as supporting evidence before preparing a request for an Attorney General’s opinion.
As Judge Hight continued to stonewall any efforts to get him to return the books, Judge Morefield continued to hold court and referenced his own books a block away in his old law offices, or sometimes he borrowed books from other judges in the courthouse. Judge Morefield did what he needed to do to catch up the court docket rather than cause more delays for people who have waited for their day in court since Judge Hight shut it down in December.
Instead of filing a complaint and investigation, while waiting for documentation, the County Attorney decided to write a letter to Judge Hight asking him to produce any agreement between Judge Zbranek and Liberty County that would justify him even keeping the books that were purchased during Judge Zbranek’s tenure. That letter seemed to be the catalyst for Judge Hight inviting Liberty County to retrieve their property out of his offices in the Zbranek law offices. Wes Hinch did not file charges against Judge Hight and Liberty County District Attorney, Little would not do anything to protect the people’s interest when clearly grand larceny had been committed. These two seem team up quite often lately – and it is always teaming up to DO NOTHING.
Taxpayers and voters and all of us regular folks at this point may wonder why didn’t Judge Hight just return the books himself (instead of Judge Hight sending word the stolen books could be retrieved) but he didn’t. In order to secure county property, Wes Hinch called on Jim Teal rather than Sheriff Patterson like he should have. Teal, the supervisor of The Intermediate Sanction Facility within the jail, secured prisoners and dollies to move the books and properly restock the District Judge’s office. How ironic it would be if any of those convicts were imprisoned for theft. Wes Hinch used the county’s tax money to return the stolen books and he used convicts to help cover a crime.
Those who pay the salaries of public officials may wonder where DA, Little was in December and the first three weeks of January. DA, Little’s name is inexplicably missing in every account of this story Liberty Dispatch has heard. DA, Little’s missing in action on this could be attributed to all of the close political ties he has with fellow Democrat Judge Hight. DA, Little’s relationships and his past practices in that courthouse could have made everyone involved reluctant to approach Little and trust Little with this case after hearing story after story of not only Little’s selective prosecution, but Little’s personal vendetta against high ranking public officials. Even high ranking public officials may have had to pause to consider what good it would do to call law enforcement when this is one of the District Attorney’s pals.
Not to miss out on the irony of the whole scenario, Judge Hight was the Judge and Little was the prosecutor not that long ago when former Courthouse Maintenance Director Buddy Craig was shown no mercy for many months because he had some county property stored at his house. Buddy Craig is a heck of a nice guy and a hard worker with a reputation at least as good as his accusers. DA, Little and Judge Hight never accepted Buddy’s assertion that he simply was storing the material in the best place. DA, Little tried to nail Craig with some prison time. He was not offered an opportunity to return the material even though Buddy Craig’s story was more credible than Judge Hight’s even though there was evidence presented to corroborate his story.
The allegations and evidence charged that Judge Hight committed grand larceny and Zbranek accepted stolen property. Liberty County Attorney, Wes Hinch and Liberty County District Attorney, Little turned a blind eye to these crimes just like they did with the Judge Phil Fitzgerald and Lee Groce crimes. These men are not elected to cover up crimes for certain people.
It appears true once again that justice in our courthouse with Little as District Attorney depends on who you are and how you fit in with Little and Little’s buddies’ agendas. If that is not true then prepare to see a trial very similar to the one we saw in the Craig case. Prepare to see what would have happened if you or I had taken a District Judge’s books and kept them for weeks with this kind of lame excuse. Prepare to see Judge CT Rusty Hight disrobed and defenseless.
Defeated and embittered, in his last days in office, rather than do his work by holding court, Judge Hight decided to strip the offices of the newly elected judge of all of the books used by judges to reference court cases. This kind of behavior may have been just a vengeful attack on his opponent, but it hurts everyone that loves this county or loves justice. Newly elected District Judge, Mark Morefield was not available for comment.
Records obtained from the County Auditor’s office through an open records request indicate that over $90,000 in the last six years have been spent to keep the library in the 75th judicial up to date. The County Auditor’s office indicates a great deal more money has been spent on black letter law books for that office, but copies of invoices only go back to September 30, 2004. All of that money is taxpayer money and you don’t have to a law degree to know those books belong to Liberty County.
After losing at the polls in the November election, former Judge Hight added to his legacy of allowing sex offenders to go free and wheeling and dealing cases with friends of the court and allowing District Attorney, Mike Little to selectively prosecute political enemies. He can now forever be remembered by the way he not only quit kissing babies after the election was over, but how he quit holding court. He now can say he took the tools purchased by taxpayer money and needed by all judges and left WE THE PEOPLE to pay the price for his theft. How proud he must be of his public service!
In a ridiculous effort to justify taking public property, former Judge Hight claimed he merely took his brother-in-law’s- the late J.C.”Zeke” Zbranek’s law books. But believing that excuse would require someone to believe our former District Judge had no inkling of the laws having to do with ownership and that he was not bright enough to remember purchasing boxes and boxes of books and stocking row after row of shelves in his office in the courthouse. Most of that was done after Judge Zbranek was retired and many of the purchases were made after Judge, Zbranek’s death. How could anyone believe those books were former Judge Hight’s brother-in-law’s? And if someone still wants to give former Judge Hight the benefit of the doubt, the explanation of why he still refused to return the books when dates are in the books and the county receipts are on file.
On top of all of that, anyone that thinks this was just an oversight or mistake needs to know one other thing. Judge Hight openly considered taking all of the furniture too!
This issue is resolved according to some. On December 17, 2010 County Attorney, Wes Hinch was asked to help resolve the problems identified after newly elected District Judge, Mark Morefield walked into his new office and found the entire wall full of law books were missing. Wes Hinch immediately requested documentation from County Auditor, Harold Seay. Wes Hinch awaited documentation clearly showing county ownership of most of the books as supporting evidence before preparing a request for an Attorney General’s opinion.
As Judge Hight continued to stonewall any efforts to get him to return the books, Judge Morefield continued to hold court and referenced his own books a block away in his old law offices, or sometimes he borrowed books from other judges in the courthouse. Judge Morefield did what he needed to do to catch up the court docket rather than cause more delays for people who have waited for their day in court since Judge Hight shut it down in December.
Instead of filing a complaint and investigation, while waiting for documentation, the County Attorney decided to write a letter to Judge Hight asking him to produce any agreement between Judge Zbranek and Liberty County that would justify him even keeping the books that were purchased during Judge Zbranek’s tenure. That letter seemed to be the catalyst for Judge Hight inviting Liberty County to retrieve their property out of his offices in the Zbranek law offices. Wes Hinch did not file charges against Judge Hight and Liberty County District Attorney, Little would not do anything to protect the people’s interest when clearly grand larceny had been committed. These two seem team up quite often lately – and it is always teaming up to DO NOTHING.
Taxpayers and voters and all of us regular folks at this point may wonder why didn’t Judge Hight just return the books himself (instead of Judge Hight sending word the stolen books could be retrieved) but he didn’t. In order to secure county property, Wes Hinch called on Jim Teal rather than Sheriff Patterson like he should have. Teal, the supervisor of The Intermediate Sanction Facility within the jail, secured prisoners and dollies to move the books and properly restock the District Judge’s office. How ironic it would be if any of those convicts were imprisoned for theft. Wes Hinch used the county’s tax money to return the stolen books and he used convicts to help cover a crime.
Those who pay the salaries of public officials may wonder where DA, Little was in December and the first three weeks of January. DA, Little’s name is inexplicably missing in every account of this story Liberty Dispatch has heard. DA, Little’s missing in action on this could be attributed to all of the close political ties he has with fellow Democrat Judge Hight. DA, Little’s relationships and his past practices in that courthouse could have made everyone involved reluctant to approach Little and trust Little with this case after hearing story after story of not only Little’s selective prosecution, but Little’s personal vendetta against high ranking public officials. Even high ranking public officials may have had to pause to consider what good it would do to call law enforcement when this is one of the District Attorney’s pals.
Not to miss out on the irony of the whole scenario, Judge Hight was the Judge and Little was the prosecutor not that long ago when former Courthouse Maintenance Director Buddy Craig was shown no mercy for many months because he had some county property stored at his house. Buddy Craig is a heck of a nice guy and a hard worker with a reputation at least as good as his accusers. DA, Little and Judge Hight never accepted Buddy’s assertion that he simply was storing the material in the best place. DA, Little tried to nail Craig with some prison time. He was not offered an opportunity to return the material even though Buddy Craig’s story was more credible than Judge Hight’s even though there was evidence presented to corroborate his story.
The allegations and evidence charged that Judge Hight committed grand larceny and Zbranek accepted stolen property. Liberty County Attorney, Wes Hinch and Liberty County District Attorney, Little turned a blind eye to these crimes just like they did with the Judge Phil Fitzgerald and Lee Groce crimes. These men are not elected to cover up crimes for certain people.
It appears true once again that justice in our courthouse with Little as District Attorney depends on who you are and how you fit in with Little and Little’s buddies’ agendas. If that is not true then prepare to see a trial very similar to the one we saw in the Craig case. Prepare to see what would have happened if you or I had taken a District Judge’s books and kept them for weeks with this kind of lame excuse. Prepare to see Judge CT Rusty Hight disrobed and defenseless.
Friday, January 28, 2011
LITTLE YET TO BE INDICTED
The US Attorney’s Office in Beaumont hosted a press conference Friday morning and announced the criminal indictments of Phil Fitzgerald, Lee Groce and Fitzgerald’s brother-in-law Mark Miksch. The former pubic officials from Liberty County are alleged to have violated conflict of interest laws in a scheme involving the pocketing of over $600,000 (plus) dollars in FEMA disaster relief funds during the debris clean up after Hurricane Ike. Conspicuously missing from the list of indicted public officials in matters related to all of this was the name of Liberty County, District Attorney Mike Little.
In what appears to some to be a small matter compared to the big money alleged to have been pocketed in the dump truck/debris scheme, the details surrounding the 155 kilowatt generator purchased by and for the benefit of Liberty County still are unresolved. Fitzgerald is alleged to have used the generator for the benefit of one of his businesses, but stories swirling around the courthouse since those very difficult days after the storm allege DA Mike Little help to cover up information that would have resulted in all of this coming to the public’s attention much quicker.
It has been alleged Phillip “Chip” Fairchild gathered and turned over evidence of a crime to Little and Little ordered Fairchild to be quiet about the crime and to tell no one. Liberty Dispatch has reason to believe Fairchild has been involved in a number of matters that would make it easy to coerce him to not pursue the legal conclusion concerning the evidence he presented to Little. The possibility of blackmail or a quid pro quo exists.
With all of the fanfare surrounding all of the much anticipated indictment of Little’s political allies, Fitzgerald and Groce, the District Attorney still has several allegations of selective prosecution swirling around his head. Federal investigators are still looking at the doubling of the county budget and the incredible increases Mike Little has gotten because of Fitzgerald and Groce during a slumping economy. The “off the record” slush fund Little appears to have in cases from confiscating property from criminals he prosecutes could be delaying the justice process. Hopefully, the feds are investigating all of this and will disclose their results to a very overtaxed public who is tired of corruption and deception from the county leaders.
According to sources, Liberty County District Attorney, Mike Little told Groce and Fitzgerald they were free of any criminal charges as long as he got his increased budget. There is a legal theory out there that Little was guilty of official misconduct and extortion as relates to Groce and Fitzgerald. The legal theory goes on to make available a way for either Groce or Fitzgerald to mitigate the cases against them. It is anyone’s guess which one will “cash in” on this deal. This opportunity along with more future evidence of selective prosecution and official oppression will give Liberty County a real insight into the manipulation of Mike Little'.
Mike Little was not invited to the press conference in Beaumont as held by the US Attorneys office.
Its let’s make a deal time, who will win the grand prize?
In what appears to some to be a small matter compared to the big money alleged to have been pocketed in the dump truck/debris scheme, the details surrounding the 155 kilowatt generator purchased by and for the benefit of Liberty County still are unresolved. Fitzgerald is alleged to have used the generator for the benefit of one of his businesses, but stories swirling around the courthouse since those very difficult days after the storm allege DA Mike Little help to cover up information that would have resulted in all of this coming to the public’s attention much quicker.
It has been alleged Phillip “Chip” Fairchild gathered and turned over evidence of a crime to Little and Little ordered Fairchild to be quiet about the crime and to tell no one. Liberty Dispatch has reason to believe Fairchild has been involved in a number of matters that would make it easy to coerce him to not pursue the legal conclusion concerning the evidence he presented to Little. The possibility of blackmail or a quid pro quo exists.
With all of the fanfare surrounding all of the much anticipated indictment of Little’s political allies, Fitzgerald and Groce, the District Attorney still has several allegations of selective prosecution swirling around his head. Federal investigators are still looking at the doubling of the county budget and the incredible increases Mike Little has gotten because of Fitzgerald and Groce during a slumping economy. The “off the record” slush fund Little appears to have in cases from confiscating property from criminals he prosecutes could be delaying the justice process. Hopefully, the feds are investigating all of this and will disclose their results to a very overtaxed public who is tired of corruption and deception from the county leaders.
According to sources, Liberty County District Attorney, Mike Little told Groce and Fitzgerald they were free of any criminal charges as long as he got his increased budget. There is a legal theory out there that Little was guilty of official misconduct and extortion as relates to Groce and Fitzgerald. The legal theory goes on to make available a way for either Groce or Fitzgerald to mitigate the cases against them. It is anyone’s guess which one will “cash in” on this deal. This opportunity along with more future evidence of selective prosecution and official oppression will give Liberty County a real insight into the manipulation of Mike Little'.
Mike Little was not invited to the press conference in Beaumont as held by the US Attorneys office.
Its let’s make a deal time, who will win the grand prize?
LIBERTY TEXAS: Former County Judge and Commisioner Indicted by Federal Grand Jury
The US Attorneys office in Beaumont, Texas have returned a 25 count indictment against each John "Phil" Fitzgerald, Herman "Lee" Groce and brother-in-law to Fitzgerald, Mark Wayne Miksch of La Vernia, Texas.
Press Release from the US Attorneys office:
BEAUMONT, Texas – A former Liberty County Judge and Commissioner, and a local businessman have all been indicted in a hurricane fraud scheme in the Eastern District of Texas announced U.S. Attorney John M. Bales today.
John "Phil" Fitzgerald, 51, of Liberty, Texas, Herman "Lee" Groce, 62, of Cleveland, Texas, and Mark Wayne Miksch, 52, of LaVernia, Texas, were named in a 25-count indictment returned by a federal grand jury on Jan. 26, 2011. The defendants have been summoned and will make their initial appearances on Feb. 1, 2011 before U.S. Magistrate Judge Earl S. Hines.
The indictment alleges that following Hurricane Ike's landfall on Sep. 13, 2008, Fitzgerald, the Liberty County Judge, and Groce, the Liberty County Precinct 2 Commissioner, used their elected positions to fraudulently influence and award debris removal contracts to a company in return for sub-contracts being awarded to Fitzgerald's brother-in-law and businessman, Miksch. As part of the scheme, Fitzgerald is alleged to have received approximately $611,000.00 in kickbacks disguised as legitimate business transactions.
Additionally, Fitzgerald is charged with the unauthorized use of a 155 kilowatt generator which was purchased by and for the benefit of Liberty County and then reimbursed by FEMA. Instead, Fitzgerald is alleged to have commandeered and used the generator to power Fitzpak, a convenience store and gas station in Moss Hill, which Fitzgerald owned and operated.
As a result of the conspiracy, approximately $3,269,456.76 in debris removal contracts were fraudulently awarded by Fitzgerald and Groce in violation of state and federal laws.
Fitzgerald and Groce both lost their bids for re-election in November 2010, thus concluding their respective positions with Liberty County on Dec. 31, 2010.
This case was brought as part of this District's partnership with the National Center for Disaster Fraud (NCDF), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing the hotline at (225) 334-4707, emailing at disaster@leo.gov or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
If convicted, the defendants face up to five years in federal prison for the conspiracy charge. Additional charges range from five to 30 years in federal prison.
This case is being investigated by the FBI, the Department of Homeland Security – Office of Inspector General, and the Office of the Texas Attorney General – Criminal Investigations Division. This case is being prosecuted by Assistant U.S. Attorney Joseph R. Batte.
A grand jury indictment is not evidence of guilt and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Press Release from the US Attorneys office:
FORMER LIBERTY COUNTY JUDGE AND COMMISSIONER INDICTED IN HURRICANE FRAUD SCHEME
Public officials alleged to have violated conflict of interest laws; pocketed over a half-million in disaster relief funds
BEAUMONT, Texas – A former Liberty County Judge and Commissioner, and a local businessman have all been indicted in a hurricane fraud scheme in the Eastern District of Texas announced U.S. Attorney John M. Bales today.
John "Phil" Fitzgerald, 51, of Liberty, Texas, Herman "Lee" Groce, 62, of Cleveland, Texas, and Mark Wayne Miksch, 52, of LaVernia, Texas, were named in a 25-count indictment returned by a federal grand jury on Jan. 26, 2011. The defendants have been summoned and will make their initial appearances on Feb. 1, 2011 before U.S. Magistrate Judge Earl S. Hines.
The indictment alleges that following Hurricane Ike's landfall on Sep. 13, 2008, Fitzgerald, the Liberty County Judge, and Groce, the Liberty County Precinct 2 Commissioner, used their elected positions to fraudulently influence and award debris removal contracts to a company in return for sub-contracts being awarded to Fitzgerald's brother-in-law and businessman, Miksch. As part of the scheme, Fitzgerald is alleged to have received approximately $611,000.00 in kickbacks disguised as legitimate business transactions.
Additionally, Fitzgerald is charged with the unauthorized use of a 155 kilowatt generator which was purchased by and for the benefit of Liberty County and then reimbursed by FEMA. Instead, Fitzgerald is alleged to have commandeered and used the generator to power Fitzpak, a convenience store and gas station in Moss Hill, which Fitzgerald owned and operated.
As a result of the conspiracy, approximately $3,269,456.76 in debris removal contracts were fraudulently awarded by Fitzgerald and Groce in violation of state and federal laws.
Fitzgerald and Groce both lost their bids for re-election in November 2010, thus concluding their respective positions with Liberty County on Dec. 31, 2010.
This case was brought as part of this District's partnership with the National Center for Disaster Fraud (NCDF), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing the hotline at (225) 334-4707, emailing at disaster@leo.gov or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
If convicted, the defendants face up to five years in federal prison for the conspiracy charge. Additional charges range from five to 30 years in federal prison.
This case is being investigated by the FBI, the Department of Homeland Security – Office of Inspector General, and the Office of the Texas Attorney General – Criminal Investigations Division. This case is being prosecuted by Assistant U.S. Attorney Joseph R. Batte.
A grand jury indictment is not evidence of guilt and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
FEDERAL PROSECUTOR'S PRESS CONFERENCE
MEDIA ADVISORY
Office of United States Attorney John M. Bales
Eastern District of Texas
WHEN: Friday, Jan. 28, 2011, 10:30 am
WHO: U.S. Attorney John M. Bales
Federal Bureau of Investigation
Department of Homeland Security - OIG
Texas Office of the Attorney general – Criminal Investigations Division
WHAT: Announce indictments of individuals charged with
Public Corruption and Hurricane-related Fraud
WHERE: U.S. Attorney's Office
350 Magnolia
Suite 150
Beaumont, Texas 77701
Thursday, January 27, 2011
HURRICANE IKE FEMA INDICTMENTS HIT LIBERTY COUNTY
Liberty Dispatch has learned that multiple federal indictments on several individuals will be released tomorrow, the 28th of January 2011.
Liberty Dispatch broke the original Liberty County FEMA fraud investigation story.
We would like to thank all those at Liberty Dispatch who have helped uncover the corruption in Liberty County- including KTRK, Wayne Dolcefino and HCN.
Our work continues even under pressure from the corrupt officials still in office.
We will keep our readers posted as this important story emerges.
Liberty Dispatch broke the original Liberty County FEMA fraud investigation story.
We would like to thank all those at Liberty Dispatch who have helped uncover the corruption in Liberty County- including KTRK, Wayne Dolcefino and HCN.
Our work continues even under pressure from the corrupt officials still in office.
We will keep our readers posted as this important story emerges.
Wednesday, January 26, 2011
BUTT OUT BUCHANAN
When will all of the spin from our local radio station end? If KSHN thinks someone is guilty, or they want them to appear guilty, their “news stories” make them sound guilty. If KSHN thinks someone is innocent, or if they want them to appear innocent, their stories make them appear that way.
KSHN‘s advocacy for prior Liberty County Judge, Phil Fitzgerald is a good example. Liberty Dispatch will not speculate on why part owner of KSHN radio Bill Buchanan has had such a well known desire to have Fitzgerald exonerated, but he has one. KSHN learned late Wednesday afternoon that former Liberty County Judge Phil Fitzgerald has been indicted in Federal District Court in Beaumont. He must have been greatly disappointed. But his efforts to discourage federal investigators from charging Fitzgerald have now failed. But don’t expect that Buchanan will give up so easily. Buchanan has tried to influence public opinion and the courts around here for over thirty years.
So what does KSHN’s little one sheet “news” say about the indictment? It says exactly what Fitzgerald’s lawyers would want potential jurors to hear: “Mr. Fitzgerald confirmed he got a phone call from the Federal District Court that he was indicted and he looks forward to getting these issues resolved. He did not know if there were one or more charges against him.” It doesn’t tell readers what Fitzgerald has been accused of and it doesn’t remind them that while most of us suffered financial damage during the hurricane, Fitzgerald was making a small fortune.
Buchanan continues to try and paint political stories and scandals the way he wants them to be, but a federal judge’s sealed indictment will detail the charges in the indictment tomorrow. The feds may have to work a little harder with KSHN working against them in the background, but hopefully Fitzgerald’s guilt or innocence will be unaffected.
KSHN‘s advocacy for prior Liberty County Judge, Phil Fitzgerald is a good example. Liberty Dispatch will not speculate on why part owner of KSHN radio Bill Buchanan has had such a well known desire to have Fitzgerald exonerated, but he has one. KSHN learned late Wednesday afternoon that former Liberty County Judge Phil Fitzgerald has been indicted in Federal District Court in Beaumont. He must have been greatly disappointed. But his efforts to discourage federal investigators from charging Fitzgerald have now failed. But don’t expect that Buchanan will give up so easily. Buchanan has tried to influence public opinion and the courts around here for over thirty years.
So what does KSHN’s little one sheet “news” say about the indictment? It says exactly what Fitzgerald’s lawyers would want potential jurors to hear: “Mr. Fitzgerald confirmed he got a phone call from the Federal District Court that he was indicted and he looks forward to getting these issues resolved. He did not know if there were one or more charges against him.” It doesn’t tell readers what Fitzgerald has been accused of and it doesn’t remind them that while most of us suffered financial damage during the hurricane, Fitzgerald was making a small fortune.
Buchanan continues to try and paint political stories and scandals the way he wants them to be, but a federal judge’s sealed indictment will detail the charges in the indictment tomorrow. The feds may have to work a little harder with KSHN working against them in the background, but hopefully Fitzgerald’s guilt or innocence will be unaffected.
JUST SAY “NO” TO LOCAL LIBERALS
At a Monday meeting, a local Dayton, Texas City council approved the purchase of new street decorations for the city. Much of the nearly $10,000 budget approval is for banners to display over Dayton city streets at Christmas, but according to one councilman none of the items in the selection they were shown celebrated Christmas.
Any effort to spend that kind of money with the kind of political correctness we hear about from liberal Democrats was nipped in the bud by Dayton City Councilman, Mr. Bill Gay. Sources revealed to Liberty Dispatch that the Councilman commented he was “offended” by the banners that had been selected.
The banners all expressed Christless sentiments about the time of year like “Happy Holidays” and “Seasons Greetings”. Liberty Dispatch joins Councilman Gay in believing the banners should say something about the birth of Jesus Christ. The conservative majority should not allow a liberal minority decide what the Christmas decorations are going to look like in our community.
Any effort to spend that kind of money with the kind of political correctness we hear about from liberal Democrats was nipped in the bud by Dayton City Councilman, Mr. Bill Gay. Sources revealed to Liberty Dispatch that the Councilman commented he was “offended” by the banners that had been selected.
The banners all expressed Christless sentiments about the time of year like “Happy Holidays” and “Seasons Greetings”. Liberty Dispatch joins Councilman Gay in believing the banners should say something about the birth of Jesus Christ. The conservative majority should not allow a liberal minority decide what the Christmas decorations are going to look like in our community.
Tuesday, January 25, 2011
UP FOR DESTRUCTION: The Liberty Hospital District(D)
Monday night the Liberty County Hospital District Board officially called for a board of director's election to be held May 14. The seats up for election this year are for current Board President Bruce Stratton and Board Members Jo Ann Smith and Paul Henry.
Allegations abound of Hospital District fraud and tax money misappropriations as orchestrated through multiple shell corporations and illegal tax money transfers into these shell/director's corporations. The attorneys for the Liberty Hospital District are the Norwoods of Liberty County, also Democrats.
It is believed that if people run against Democrats Stratton and Henry and win, the Liberty County Hospital District can be dismantled or changed into a more appropriate major trauma stabilization center.
Through some trickery and alleged fraud, the Liberty Hospital District has taken ownership of the Liberty Hospital.
Sources believe that the above named persons also control the Liberty County District Attorney's office, used to silence or harass Liberty Hospital District dissenters. Lately, the Liberty County District Attorney's office and its attorneys have been the center of numerous alleged violent and sexual crimes against the people.
Many Liberty residents complain they want to be stabilized at the Liberty Hospital but do not trust their life there for an extended stay.
Many Dayton and outlying area residents who pay taxes to the Liberty Hospital District believe they are being ripped off.
The Liberty County Hospital District was formed for the sole (liberal) purpose of providing indigent medical care- from monies extorted from Liberty County property owners.
Liberty County, this is your chance to take down or restructure one of the largest democrat-liberal tax ripoffs in recent Liberty County history.
A showdown looms...
Contributor, Ray Akins
Allegations abound of Hospital District fraud and tax money misappropriations as orchestrated through multiple shell corporations and illegal tax money transfers into these shell/director's corporations. The attorneys for the Liberty Hospital District are the Norwoods of Liberty County, also Democrats.
It is believed that if people run against Democrats Stratton and Henry and win, the Liberty County Hospital District can be dismantled or changed into a more appropriate major trauma stabilization center.
Through some trickery and alleged fraud, the Liberty Hospital District has taken ownership of the Liberty Hospital.
Sources believe that the above named persons also control the Liberty County District Attorney's office, used to silence or harass Liberty Hospital District dissenters. Lately, the Liberty County District Attorney's office and its attorneys have been the center of numerous alleged violent and sexual crimes against the people.
Many Liberty residents complain they want to be stabilized at the Liberty Hospital but do not trust their life there for an extended stay.
Many Dayton and outlying area residents who pay taxes to the Liberty Hospital District believe they are being ripped off.
The Liberty County Hospital District was formed for the sole (liberal) purpose of providing indigent medical care- from monies extorted from Liberty County property owners.
Liberty County, this is your chance to take down or restructure one of the largest democrat-liberal tax ripoffs in recent Liberty County history.
A showdown looms...
Contributor, Ray Akins
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