Change of venue in Paxton case eyed
Judge concerned about possible ‘ethical problem’
McKINNEY — A state district judge said he is concerned that powerful people in Collin County may be too close to the behind-thescenes action surrounding Ken Paxton’s criminal case, and said he plans to decide by noon Thursday whether to move the trial out of the attorney general’s home county.
Judge George Gallagher also will decide whether to delay the trial while the prosecutors’ lawyers spar in a separate court with Paxton allies to get paid and whether to dismiss at least one of the charges against the sitting attorney general.
Gallagher, a Tarrant County judge hearing the case in Collin County, said he was concerned after reviewing an invitation to a 2013 Paxton fundraiser at the home of one of attorney general’s key allies sponsored by four of five members of the Collin County Commissioners Court.
“We may have a problem here. We may have an ethical problem,” Gallagher told the lawyers in court. He added that litigation pertaining to Paxton’s case “grows and expands by people who have a great deal of control in this county.”
Those concerns could have a bearing on whether Gallagher will move the case out of Collin County, as the special prosecutors have asked. His comments also hint at the politics surrounding Paxton who was indicted in 2015 on felony criminal securities fraud charges alleging he lured investors into buying stock without disclosing he would make a commission. He also was charged with failing to register with the state as an investment advisor.
Paxton has maintained his innocence and contends he is the victim of a political witch hunt.
The fundraiser Gallagher referenced was hosted in December of 2013 by Keresa Richardson, an avid Paxton supporter who contributed heavily to his election cam-
paign and gave him $10,000 to help fund his legal defense. She once told the Associated Press he was “the cleanest guy in the world.”
Members of the Collin County Commissioners Court said they were confused why the judge would be concerned about them sponsoring a political event more than three years ago, before Paxton was elected attorney general or indicted.
“I’m puzzled why that would matter in this case because there is no secret that Ken Paxton has a lot of supporters in Collin County,” County Judge Keith Self said. Self said he counts Paxton as a friend but sees that relationship as separate from his duty as a county official.
Prosecutors await pay
Chris Hill, a commissioner, said there is “no reason” why commissioners would not attend an event for their state senator.
“I do find it a bit troubling the judge in this case would think that this event from late 2013 has any relevance at all in the current matter,” Hill said, accusing prosecutors of “grasping at straws.”
Richardson, who could not be reached for comment, this month joined a lawsuit originally filed by wealthy real estate developer Jeffory Blackard to block payments to the three special prosecutors assigned to the case. The suit argues the county is paying too much money for the prosecution. Because of the lawsuit, the Texas 5th Court of Appeals in January ordered the Collin County Commissioners Court to stop paying the prosecutors until the issue can be resolved in court.
The prosecutors, all criminal defense lawyers from Houston, have not been paid for more than a year and have asked Gallagher to delay Paxton’s May 1 trial until the Court of Appeals resolves the lawsuit contesting their fees. Gallagher said he expects to rule whether to delay the trial Thursday.
Pollster called to testify
In open court, Paxton’s criminal defense team called a Republican pollster to testify about a recent poll it commissioned to combat the prosecutors’ allegation that Paxton and his allies have tainted the jury pool in Collin County, jeopardizing the chance of a fair hearing. Prosecutors say Paxton’s allies have embarked on a public relations strategy to promote Paxton’s innocence and attack the prosecutors and their witnesses. For that reason, they have asked Gallagher for a change of venue.
Glen Bolger, a Republican pollster from Public Opinion Strategies, said the majority of people he surveyed last weekend said they did not know enough about the case to say whether they thought Paxton was guilty or innocent.
Of those who knew of the indictment, 14 percent said they believed he was guilty, compared to 9 percent who thought he was innocent, he said. Those who identified as Republicans were more likely to say they thought he was innocent.
The poll surveyed 400 Collin County residents from Mar. 24 to 26 who could be eligible to serve on a jury. Bolger said his poll found 83 percent of respondents had no opinion on the special prosecutors. Another 7 percent said they had an unfavorable view of the prosecutors, compared to 4 percent who had a favorable opinion; the remaining respondents either refused to answer or say they didn’t know.
“If there’s been a campaign, it’s been pretty darn ineffective,” Bolger said.