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Sunday, May 29, 2011

THE TALE OF TWO DEMOCRATS

Over twenty-five years ago two young men were just getting their start in Liberty County. Young and idealistic and wanting to make a difference no doubt, former Liberty County Judge Phil Fitzgerald and District Attorney Mike Little were being sworn into office for the first time over a quarter of a century ago. Little vowed that day to run the district attorney’s office like “no man is above the law and no man is below it.” No doubt Fitzgerald had the same high standards foremost in his mind in the beginning.

Little was only 29 years old and had only been in private practice for a few short years. After working for Taylor and Norwood from 1978 to 1983, Little was appointed by Democratic Governor Mark White to serve as district attorney for Liberty and Chambers counties. Fitzgerald’s career was similar in that he received a great deal of power and responsibility while in his twenties, but his route to becoming Liberty County Judge was after spending years as the Justice of the Peace.

Both men built up an empire through the years. Currently, Mike Little has four assistant district attorneys and several investigators working for a district attorneys’ office that was much smaller under predecessor District Attorney W.G. Woods. His budget has increased exponentially. Fitzgerald’s empire and influence was growing at the same time. He acquired land and private businesses on the side, while becoming the heir apparent to former Liberty County Judge Lloyd Kirkham.

The parallels do not end there. At the top of their game, 2008 saw both of them head toward their Waterloo. In 2008 one of the two neighboring counties that have shared the district attorney’s office for years worked very hard to free themselves from Mike Little. After years of people in Chambers County suffering separately, people got together in Chambers County and pushed Mike Little out of their lives. In the same time frame Fitzgerald who by then was Liberty County Judge started to have people converge and ask questions about the way he was using his power. The courts forced him to pay both sides legal fees, over $100,000, as he was no longer allowed to oversee the Jessica Vickery Trust after trying to contract to sell lumber off of her land and claim it was his. Fitzgerald’s troubles were compounded by the infamous FEMA scheme where Fitzgerald was indicted for trying to cover a money trail of over $600,000 of FEMA by using friends and family.

Over 25 years ago they began building the empires we see crumbling today. Both men would have told you then the same things we read about them saying now. They say they were motivated by a desire to serve the public and a desire to see that justice was done. Little even is quoted as saying recently that “it’s just as important to see that the innocent are not prosecuted as it is to see that the guilty ones are.” Both men have honed their ability to speak and charm the public but comments like this ring hollow amidst multiple allegations of Little’s selective prosecution and recent revelations of allegations in the Michael Lynn Blue case of homosexual misconduct on the part of Mike Little. Both men publicly claiming their dependence on God almost seems harmful to those who want to believe in a God but do not. Words and titles like “deacon” almost make their falls from grace worse rather than some idea of innocence they may hope to create with the public.

The Fitzgerald trial is in the near future and Liberty County’s problems with Mike Little will no doubt be dealt with in coming months, but in the meantime citizens can take comfort that we have a new county judge. We can take some comfort in knowing at least that the majority of the cases Little personally prosecutes are political cases and his ADAs handle the rest of the caseload. But the Liberty County DA’s Office sees around 50-75 indictments per month and Mike Little has recently been quoted in the media as having said, “Becoming personal with a case is a good thing. It makes it hard to sleep at night until it is finished” - a scary thought from someone accused of selective prosecution and official oppression.

And a not so scary thought for those who are friends of this District Attorney like Phil Fitzgerald. The two Democrats integrity and their view of the good ole boy system seems to be most evident when reading about Mike Little’s decision to push evidence back across the table and tell investigators not to pursue the evidence they brought to him of Fitzgerald’s misappropriation of FEMA’s emergency equipment. Evidence of a place and time when these two men’s spiraling downward coincided exactly.

Saturday, May 28, 2011

Cleveland Advocate DA's Corner- "Lies and Spin"

In a recent oped article in the Cleveland Advocate and Dayton News, Liberty County DA Mike Little lies and attempts to further deceive the people with the help of Cleveland Advocate Editor, Vanesa Brashier.

The oped by Mike Little states the following:

"Additionally, our law specifically provides that the power to require bail must not be used as an instrument of oppression.

In other words, our judges can’t just lock them up and throw away the key. Television has really played a huge part in the public’s misunderstanding of the bail bond system in Texas.

In almost all court and crime shows such as “Law and Order,” judges almost flippantly deny bond or set a huge amount of millions of dollars. It just doesn’t work that way in the real world and under the laws of Texas.

While our judges are criticized from time to time about the bail amounts which they set in particular cases, those criticisms are almost always unfair and unwarranted. Judges do not have unlimited discretion or authority when it comes to setting bail."


What a blatant deflection and series of lies from Liberty County Mike Little trying to lay off his constant excessive bail request and bail harassment off on Judge Cain, Judge Morefield and Judge Chambers. Liberty Dispatch has evidence that Little has in fact been the one who has pushed for excessive bail amounts to harass defendants and political enemies (story coming soon). All in an attempt to harm them financially. With corrupt Judge CT "Rusty" Hight gone, LD readers and county dignitaries have questioned- 'when are the Liberty County Judges going to send a message to Mike Little that they will not legitimize his selective prosecution and corrupt acts thought their courts'?

Then you have his instrument of deceit, Vanesa Brashier on one hand who complains about Liberty County DA Mike Little's corrupt behavior and then on the other hand enables his lies and corruption in her papers and website by giving Mike Little a special place to attempt cover for his corrupt acts.  Clearly a Jekyll and Hyde formula for her narcissistic double dealing.

Liberty Dispatch would like to know when Liberty County DA Mike Little and his cohort, Vanesa Brashier plan to enlighten the public about Mike Little's homosexual rape of a retarded prisoner which he is now being sued for in the 253rd Judicial District Court.

Liberty Dispatch readers would also like to know why no federal or state grand jury has been convened to investigate these very serious charges which have been leveled against Liberty County DA Mike Little.  Furthermore, why hasn't a federal or state grand jury investigated the weapons related assault by Mike Little's number two man- Joe Warren?

Don't look for the truth in the Cleveland Advocate- expect only a circus of "Lies and Spin..."

Friday, May 27, 2011

Texas Doesn’t Rest at the Top

Texas is the envy of other states for a lot of reasons. We have a good quality of life, low taxes, a friendly business climate, and a commitment to consistently improving our justice system. That’s why it comes as no surprise that Chief Executive Magazine recently named Texas the “Best Place in the Nation to do Business” for the seventh year in a row! Texas stands in stark contrast to a state like California, which recently sent a delegation of lawmakers to our state to see what we’re doing right and why some California companies are relocating in Texas. California ranks dead last in Chief Executive’s most recent ranking.

One characteristic that keeps Texas on top is the fact that we don’t rest when we get there. We keep expanding the definition of what it means to be the best. The Texas House and Senate recently approved a proposal that will help improve our already nationally renowned civil justice system. House Bill 274 will fortify Texas’ reputation for embracing policies that ensure local courts are used for justice, not greed. Commonly referred to as the “Loser Pays” bill, this proposal includes several smart reforms that will result in fewer frivolous lawsuits, fair and honest settlements, and financial protections for both sides of a case. According to its authors, H.B. 274 should allow for the efficient resolution of certain civil lawsuits while reducing the overall costs of the civil justice system and making our courts more accessible, more efficient, and less costly to all Texas taxpayers.

These reforms are important because businesses of all sizes (and the workers they employ) have suffered at the hands of aggressive personal injury lawyers who file suits that cast a wide net and target many companies – including some companies that should never be part of the suit in the first place. Research, preparation and mounting a defense takes enormous amounts of time and resources – even for cases that should never have been filed. Without these reforms our courts can continue to be clogged by lawsuits that are filed indiscriminately, which delays or denies justice for citizens with legitimate claims and concerns.

AT ETALA, and other legal watchdog groups, we were pleased that Texas lawmakers supported this important, consensus legislation. Legal reforms have brought us a long way from our notorious past as the Wild West of lawsuit abuse. Make no mistake, reforms have worked for Texas and made us a national poster child for how improvements to a state civil justice system can help grow its economy. Thanks in no small part to legal reforms, Texas attracts business and capital investments from across the globe. Our state leads the way in job creation year after year. And we are home to more Fortune 500 companies than any other state.

House Bill 274 should help us further rid our courts of junk lawsuits and continue to ensure that Texas courts are used for justice, not greed. Even the best place in the nation to do business can find ways to improve on first place.

By Diane Davis.

Davis is the executive director of East Texans Against Lawsuit Abuse, which is based in Longview.

Thursday, May 26, 2011

Cleveland, Texas Police Chief Accused

Liberty County and Defense Attorneys "Hinched" by Little and Sidekick...

In a country divided by politics and usually divided along party lines, the one thing most of us can usually agree on is that our court system should focus on justice not political or personal considerations. Too often personal and political goals are the focus in the empire Mike Little has built in his capacity as Liberty County District Attorney. And the same is becoming true more and more often for our new County Attorney, Wes Hinch.

The most recent example according to Liberty Dispatch’s sources is the scheme Wes Hinch and Mike Little have developed to deal with the high profile case known now as “the Cleveland rape case”. Sources have told us Hinch has already indicated he will push for probation rather than incarceration in order to conceal any strategy or any evidence that would tip defense attorneys for the accused adults in their later court battle with Mike Little and Joe Warren.

If justice is the goal in this case, we must all wonder how Hinch has already decided what the penalties for the accused ought to be before hearing from all of the key witnesses in this case. Because he is new to being a prosecutor, we must wonder if Hinch is still in the defense attorney mode. Or does he only do whatever Mike Little tells him? All of these juveniles accused of raping an eleven year old girl will have a defense attorney. For our justice system to work Hinch needs to play the role we pay him to play. Mike Little is a big boy. He shouldn’t need this kind of help to prove his case. Again and again, Mike Little either acts immorally, unethically or illegally to gain an advantage against the people he prosecutes and their attorneys.

Let the lawyer for the accused figure out how to convince a jury that all of the people involved in the small school district in Cleveland had no idea what grade or how old the victim was. Let a jury decide whether an eleventh grader should get probation for having sex with a sixth grader. This girl and her parents should not have to worry about Hinch and Little’s personal political games. This girl and her parents deserve a competent and vigorous attempt to prosecute each and every accused rapist in this case. Let the facts and the laws settle this matter, not political ambitions and friendships within the legal community.

Liberty Dispatch is scratching our head on this case. Is Wes Hinch simply as lazy as some say he is and that is why he would go along with some kind of plea deal and probation? Or is Hinch as incompetent in the courtroom as some of his detractors say and he does simply not want to blow a case some people may think is open and shut? Or is Hinch blinded by friendship or some deal he has with Mike Little? Is Little promising to back Hinch as his replacement if he helps set up a big court win for him? Or is it all of the above?

Liberty County "Hinched" By Terry Fairchild, Chip Fairchild and Mike Little

Liberty Dispatch has ran stories in the past concerning Terry Fairchild who along with her husband Chip and her brother-in-law Russell Fairchild have been operating a trucking company in Terry's name in order to hide assets from the bankruptcy court in Beaumont. Their actions stem from John Stockton of Coldspring, Texas trying to collect on a judgment he obtained against Russell Fairchild in the 75th district court in Liberty County. Terry and Chip Fairchild have systematically used their positions in the law enforcement community to shield Russell Fairchild and to operate Chip's Enterprises tucking company illegally right under the noses of both the law enforcement and judicial system in Liberty County. In fact in a recent expose' printed on Liberty Dispatch by the Outsiders, overwhelming evidence shows that Terry Fairchild has used her name to help Russell defraud the orders of the bankruptcy court in Beaumont. Liberty Dispatch has learned the Outsiders story prompted an internal affairs investigation to be launched by the Liberty County Sheriff's Department which found that Terry has violated the code of conduct required of officers to wear a badge in that department. We now know that due to great pressure from the S.O. investigation, Terry has had to resign from the Liberty County Sheriff's Department. We have also learned that Terry has landed on her feet by obtaining employment in the Liberty County District Attorney's office having been hired by corrupt Liberty County DA Mike Little.

This conduct is outrageous and shows the level of corruption within Liberty County government- in fact we have reason to believe that Mike Little was made an offer he couldn't refuse by Chip Fairchild because he has knowledge sexual and criminal activities by Mike Little that would further damage his spiraling career. We also see signs that County Attorney Wes Hinch is trying to keep this move secret from the public at large in falsifying the commissioners’ meeting agendas and violating the Texas Open Meetings act. The public should ask themselves just how long this corruption will be allowed to continue.

Liberty Dispatch has ran many stories regarding the corruption in the Liberty County DA's office but we are now finding out the Liberty County Attorney's office under the leader ship of Wes Hinch is just as corrupt. County Attorney Wes Hinch has used his influence to help secret this move by Ms. Fairchild to the DA's office. It is rumored that Mr. Hinch looks up to Mike Little as some sort of mentor and has attempted to help Mr. Little switch over to the Republican Party.

Wes Hinch is a Republican who was elected to the office of County Attorney in November of 2008 but careful scrutiny of his term shows a man that lacks the experience and judgment to fulfill the office he was duly elect to. Mr. Hinch has failed to provide prosecutors to the JP courts which have caused an endless backlog in the case load of the JP's. He has also along with Mike Little refused to prosecute certain individuals for crimes they committed. The most notable selective prosecution act by Little and Hinch was when District Judge C.T. Hight left office at the end of last year and at the same time the Liberty County owned law books in his office left the courthouse with him. Mr Hinch found the law books were in the office of Zach Zbranek and his partner Richard Baker. He called Judge Hight and asked they be returned and then sent jail inmates over to the Zbranek & Baker Law offices and returned the books to the courthouse. Yet Mr. Hinch refused to refer any charges against Judge Hight or Zack Zbranek and Richard Baker for the theft. These actions show the corrupt nature of both the Liberty County Attorney and the Liberty County DA. It also reveals the continued pattern of official misconduct and selective prosecution that is destroying the justice system here in Liberty County.

We have also been given information that Mr. Hinch has used the influence of his office in an attempt to silence anyone who speaks out against him. We also see that his lack of court room experience seriously hampers the ability of the courts where he is required to represent the people of Liberty County from effectively operating. If not for Assistant County Attorney Karen McNair, nothing in the Liberty County Attorney’s office would be getting done.

We understand that Mr. Hinch comes from a well respected Liberty family but his actions reveal that he lacks the honesty, character and judgment to effectively do his job. The people of Liberty County should demand more of their public officials. People should call the courthouse and ask Mr. Hinch to explain his actions.

It should be alarming to all of us that he is about to represent Liberty County in the prosecution of the minors being tried in the Cleveland rape case. Many folks in and around the courthouse believe that Mr. Hinch is in over his head and is not capable of handling these cases. Liberty Dispatch has been given information by reputable sources that Wes Hinch intends to help Liberty County DA Mike Little prosecute the Cleveland rape case defendants and then Wes Hinch gives his juvenile defendants probation. All this in an attempt bamboozle defense attorneys arguing cases against Mike Little and Joe Warren- being told “there will be no probation”. This should be a wake-up call for the adult defendants and defense attorneys in the Cleveland rape case.

We will continue to run stories on both the DA's and County attorney's offices in the future with the understanding that in Nov. of 2012 we will be electing people to these respective offices. It is not too early to be looking for good honest attorney's to run for these positions.

Wednesday, May 25, 2011

KNOWING WHEN TO GIVE UP THE GHOST!

The greatest struggle for human beings is not how much money they will make or trying to achieve a lofty social status but rather it is "knowing when to give up the ghost".

By this I mean knowing when to make decisions that are base on reason and what is the norm for right and wrong.

This comparison could be used in conjunction with passing from this world to the next and accepting glory with a glad and content heart when the time comes, but that is not what I mean in this case.

The "knowing when to give up the ghost" in this instance is the coming to a POLITICAL understanding that the Power of the Liberty County Democrat Party has passed.

It is coming to an understanding that the core values of the New Conservative Movement of Liberty County Texas will not tolerate a repressive and over bearing Judicial System.

It is understanding that those who worked in conjunction with each other to consolidate Political Power have been layed low.

It is understanding that the inner circle of the Liberty County Democrat Party has been decimated.

The point of this message is that the Hold Over Liberty County Democrats should Give UP THE GHOST and "Set our Fellow Republican Activists Free"!

It is time to give Ray Akins and Eddie Shauberger back their lives! It is time to stop punishing these men for political reasons!

It is time to stop spending Tax Payer Money on Political Persecution and Personal Agendas!

It may appear that I have a personal bias for these gentlemen but I assure you that I would not put up with this kind of behavior if it were directed at any fellow citizen of Liberty County!

It is time to "Give Up the Ghost" Liberty County Judicial System!

It will be sad to see those involved in this scheme be embarrassed on Judgement Day in November 2012!

Yesterday, they were such fine men in our eyes but they will fade into political darkness because they are too hard headed to give up the ghost.

Reprint courtesy-
By Andy McCreight, Liberty County Republican Chairman

“HINCHED”: GUARANTEES LOSS FOR TAXPAYERS

When Wes Hinch was elected as the first Republic Liberty County County Attorney since the post reconstruction era after the Civil War, Liberty Dispatch had high hopes he would be an excellent County Attorney and reaffirm to voters that voting for Republicans can benefit the county (despite Hinch’s earlier participation in an unsuccessful scheme to take water rights from landowners in Liberty County). But we bit our lip for too long as we hoped that what seemed to be a pattern by the new County Attorney were just rookie mistakes. Now we are sorry to report Hinch has once again disappointed Liberty County. Because of a pattern of behavior like we will outline below, we have coined a new term amongst us. It is called “hinched”. “Hinched” is when an elected official makes an unusual decision that can only be explained by the fact that instead of doing what is best for the taxpayer, the official is either a pitiful decision maker or their own agenda is more important to them than what the taxpayer thinks. See if you agree:

The local news has reported the late Odell McDuffie Jr.’s family has filed a lawsuit against Liberty County for gross negligence in maintaining the vehicle involved in this tragedy. The lawsuit alleges Liberty County should be held accountable for Deputy McDuffie’s death to the tune of $25 million dollars.
Liberty Dispatch has known for weeks a lawsuit was being considered, but the sadness and the shock of losing such a young husband and father and friend in this community was bound to delay any decisions by the family. After Odell’s insurance benefits were cut off to the family so abruptly and when the effects of losing the main breadwinner in the family hit his wife and children month after month, there was little doubt an investigation into the rumors of poor maintenance would be brought to an attorney.

What has surprised Liberty Dispatch, and what we think should alarm taxpayers, is the County Attorney’s response to Odell McDuffie, Jr.’s widow’s lawsuit. Rather than sympathize with the family of a fallen veteran law enforcer’s family, County Attorney Wes Hinch appears to have gone out of his way to appear antagonistic towards them. He has also gone out of his way to make certain Liberty County taxpayers will lose. We explain below.

Despite having an expert lawyer in this area provided for free by the county’s insurance (Traveler’s Insurance), Liberty County Commissioners met in regular session Monday and approved hiring local attorney Ed Norwood to represent the county in the lawsuit filed by the family of Odell McDuffie Jr. County Attorney. Wes Hinch has publicly expressed his confidence that the McDuffie family’s lawsuit is merely an attempt to cash in, this is an outrage. Hinch seems almost chomping at the bits to get at their claims but he has also said publicly this week that though the staff of his office was “more than qualified to defend the county”, it was a time factor that concerned him. There is no doubt there are competent individuals in his office who could defend this suit, him excluded.

If the County Attorney is a sensitive caring business-minded advocate for the county, he would allow Traveler’s Insurance to do the work taxpayers paid them for when the policies’ premiums were paid through the years. Their lawyer is likely to have handled many more of these cases than Ed Norwood (a local attorney known more for oil and gas law). The last thing Hinch should do is pit the taxpayers and their oil and gas attorney against a grieving widow and the family and their Houston plaintiff’s attorney in a case that could involve millions of dollars. The Liberty County taxpayers have been shifted by Hinch and the commissioners from a no lose situation to one in which we will either lose millions or we will be symbolically sitting on the front row to witness a the widow of a local hero leave the courtroom with no undetermined rightful compensation.

Why? Why would Wes Hinch make this kind of decision! It is simple if you know some of his other stunts over the last few months. We are being “hinched”. Ask the County Attorney why he is doing this and you will hear the same kind of sales pitch he was peddling a few short years ago when he was trying to talk Liberty County landowners into giving up their rights to the groundwater underneath their property.

Hinch either is a poor decision maker or perhaps he has “hooked up” in some form or fashion with Ed Norwood. Add to the questions about this the continuing question about Hinch’s commitment to the Republican Party as Liberty County Attorney Ed Norwood is infamous among some for his historical hatred of Republicans over the years. The only poised winner in the upcoming events will be Ed Norwood.

Regardless of what has happened on this matter thus far, Liberty Dispatch is sickened at the prospect of the large retainer fee taxpayers are footing to hire Ed Norwood. And the estimated $300 an hour we will continue to pay as he prepares to demolish the McDuffie’s in court.

Liberty County, get ready to be “Hinched” - again…