Judge orders Paxton’s trial moved out of his home county
AUSTIN — Attorney General Ken Paxton suffered a significant setback Thursday when the judge overseeing the securities fraud case against him ruled that the trial will be moved outside his home of Collin County, where prosecutors’ claim Paxton allies were attempting to create a sympathetic jury pool.
The delay means Paxton will have the criminal trial hanging over his 2018 re-election campaign which is expected to kick off later this year.
District Judge George Gallagher agreed to the change of venue after prosecutors argued that Paxton supporters started a local radio campaign supporting the attorney general that diminished the chance of a fair and impartial trial. Paxton’s team of attorneys countered that there is no proof that Collin County residents had been swayed favorably to the attorney general, citing a recent poll.
“The Special Prosecutors presented nothing but hyperbole in an effort to venue shop,” Paxton’s lawyers said in a filing.
The judge’s ruling offered no explanation for his decision, simply stating that “the Court will transfer venue to an appropriate adjoining district to be determined at a later date.”
Paxton’s lawyers and the special prosecutors have declined to comment, citing a gag order by the judge.
The decision is the latest twist in a criminal trial nearly two years in the making. Paxton was indicted in 2015 and faces two first degree counts of felony securities fraud and one third degree count of failing to register as an investment adviser with the state. If found guilty, he could face thousands of dollars in fines and up to 99 years in prison. Paxton
maintains his innocence and says he is the victim of a political witch hunt.
When and where the trial will be held is now in question. The trial was set to begin on May 1, but the venue change means the proceedings won’t be rescheduled until the court has determined where to move the trial.
Adjoining counties include Dallas, Denton, Fannin, Grayson Hunt or Rockwall. Gallagher is a judge in nearby Fort Worth in Tarrant County and has been assigned to the case.
Prosecutors said last month they plan to break Paxton’s case into two trials: The first would try him on charges that he failed to register as an investment advisor with the state; the second would take up charges that he misled investors by failing to tell them he would make a commission by convincing them to invest in Servergy, a North Texas tech company that purported to sell a revolutionary new server.
‘An ethical problem’
Last month, special prosecutors said Paxton’s political allies blitzed various media to color the jury pool. Coined “Team Paxton,” special prosecutors said the allies arranged radio ads favoring the attorney general. They also say the group arranged for former GOP primary presidential candidate Rick Santorum to appear on a Dallas-area TV news station to say charges against Paxton are politically motivated.
Last month, Gallagher said he would try to seat a jury in Collin County before considering a change of venue. He did not explain his reversal in Thursday’s ruling, but the judge did express concern Wednesday during a court hearing about a 2013 invitation to a political fundraiser.
“We may have an ethical problem,” he said, and noted that “people who have a great deal of control in this county” are joining lawsuits that can affect Paxton’s criminal trial.
The invitation was to a fundraiser for Paxton in December of 2013 when he was running for attorney general. The event was hosted at the home of Keresa and RJ Richardson, political contributors of Paxton who have recently joined a lawsuit to stop payment to the state’s special prosecutors. The lawsuit is part of an effort by Jeffory Blackard, a wealthy real estate developer who contends Collin County should not foot the bill for high-priced lawyers to try Paxton.
Motions denied
Gallagher said the court was not aware that four of five members of the Collin County Commissioners Court were listed as sponsors of the event. Members of the court have been subject to heavy pressure locally to stop paying the prosecutors, although it approved earlier payments to the lawyers. The state’s 5th Court of Appeals has since instructed the Commissioners Court to stop payment while the issue works through the legal system.
Gallagher denied two other motions Thursday, including a motion by Paxton’s legal team to dismiss one of the charges against him due to issues with the grand jury. The other was a motion by the prosecutors to issue a continuance, delaying the trial until a separate court resolves the lawsuit supported by Blackard and the Richardsons to stop paying the prosecutors trying Paxton. The prosecutors last filed an invoice for more than $200,000 and said they are due back pay for more than a year’s worth of work.