Ken Paxton, prosecutors spar over grand jury records,
Prosecutors and defense lawyers in the criminal case against Attorney General Ken Paxton are sparring over access to grand jury records.
Last week, Paxton’s lawyers sought to subpoena Collin County court reporters seeking “complete transcript and audio recordings” for the selection of four grand juries, including the one that eventually indicted Paxton for securities law violations related to business deals conducted before he became attorney general.
Although defense lawyers declined to discuss what information they hoped to find, Paxton supporters have suggested that the process that led to the indictments was tainted by improprieties.
On Wednesday, however, prosecutors asked the trial judge to dismiss Paxton’s requests for subpoenas, calling them “an improper, indeed, desperate ... fishing expedition.”
Paxton cannot have access to the type of information sought unless his lawyers can present evidence that the clerks’ testimony is germane to the criminal charges and is favorable to the defense, the prosecutors told District Judge George Gallagher.
“Nothing about the selection and empanelment ... has any bearing whatsoever on the ultimate facts that are of consequence in this matter,” they wrote.
Paxton’s lawyers also sought to subpoena a Collin County human resources manager for information related to a “personnel action involving a deputy clerk,” an apparent reference to an email that was mistakenly sent last summer to dozens of people that listed grand juror names.
Prosecutors also asked the judge to reject that subpoena.
Paxton has pleaded not guilty to two charges of securities fraud and one charge of failure to register with the State Securities Board.