Houston Chronicle

Prosecutor­s strike back against Paxton

- By Lauren McGaughy lauren.mcgaughy@chron.com twitter.com/lmcgaughy

AUSTIN — The special prosecutor­s assigned to Ken Paxton’s securities fraud case have responded to the attorney general’s latest attempts to throw out his indictment­s with particular intensity and aplomb, calling his legal moves a “shell game” based on a “quicksand-like foundation.”

Kent Schaffer, Brian Wice and Nicole DeBorde, the three special prosecutor­s, on Thursday filed their first response to Paxton’s attempt to quash his three felony indictment­s. The 19-page filing will be the first of several seeking to persuade the presiding judge to continue the case and argues that the jurist who oversaw the grand jury process acted in good faith and followed the letter of the law.

“Paxton’s motion is a tale of sound and fury calculated to cast himself as a victim, and not a criminal defendant, in the court of public opinion,” the prosecutor­s wrote. “That Paxton’s motion is not only desperate, but utterly without merit is predictabl­e; that it recklessly and unnecessar­ily tars both a respected jurist and his spouse without a legal or factual basis to do so is unconscion­able.”

Earlier this week, Paxton’s legal team filed more than 100 pages of motions seeking to get the indictment­s thrown out, some of which claimed Collin County Judge Chris Oldner improperly empaneled and interacted with the grand jury and then told his wife about the indictment­s while they still were under seal. In several other documents, Paxton’s attorneys argued his indictment­s should be thrown out because the prosecutor­s allegedly told the media of the indictment details, the cases were not referred by the Texas State Securities Board and the statute of limitation­s had run out, among other reasons.

The prosecutor­s called the claims against Oldner absurd and called the defendant’s inclusion of text messages discussing the indictment between Oldner’s wife and Collin County Commission­er Susan Fletcher “a mere sideshow for the public’s titillatio­n that Paxton employs like a drunk uses a lamppost — for support and not illuminati­on.” More responses to Paxton’s many other accusation­s are forthcomin­g.

The legal tête-à-tête is just the latest exchange of blows between Paxton’s team and the prosecutor­s. Wice and Schaffer, two top criminal defense attorneys from Houston, repeatedly have sparred with Paxton’s previous spokesmen and lawyers, defending their work and experience against accusation­s they are politicall­y motivated.

They have done so each time with biting acerbity, once calling Paxton’s response “sound bites culled from the play book of any public official whose conduct places them in the cross-hairs.”

Paxton was indicted in July on three felony charges of violating state securities laws.

He is accused of deceiving investors, including a Texas House committee chairman, by persuading them to buy stock in a North Texas tech startup without disclosing that he was being compensate­d by the company.

He also is accused of misreprese­nting himself as an investor, when he was not, and funneling clients to a friend’s investment firm without being properly registered with the state.

Paxton previously admitted to not being registered as an investment adviser representa­tive with the Texas State Securities Board, and paid a $1,000 fine.

Newspapers in English

Newspapers from United States