Houston Chronicle

Stockman opts for jury trial in fraud case

Former congressma­n facing 28 counts lets jurors decide his role in laundering scheme

- By Gabrielle Banks gabrielle.banks@chron.com

Former U.S. Congressma­n Steve Stockman stood before a federal judge in a mostly empty Houston courtroom Friday and confirmed he wants a jury to decide if he diverted nearly $1.25 million in charitable donations intended for conservati­ve organizati­ons.

Chief U.S. District Judge Lee H. Rosenthal first determined that he had not entered into plea negotiatio­ns with federal prosecutor­s, and then asked, “Mr. Stockman, I assume you want to go to trial?” “Yes, your honor,” he replied. Stockman, whose trial is now set for March 19, has been freed on a $25,000 unsecured bond. The judge made a point to insist that he be present in court for the entire proceeding. He assured her he would.

Aides’ guilty pleas

Two former aides — Jason T. Posey and Thomas Dodd — have pleaded guilty to related roles in the scheme and their testimony could be used against him at trial scheduled for later this month. Stockman faces 28 criminal counts outlined in federal indictment­s returned in Houston, including allegation­s of mail and wire fraud, conspiracy, making false statements to the Federal Election Commission, making excessive campaign contributi­ons and money laundering.

Defense attorney Sean Buckley said his client is confident and he’s ready to address and refute the allegation­s.

“As they always say, there are two sides to every story and there are most certainly two sides to this one,” Buckley said.

Buckley said he plans to argue that the two aides pleaded guilty to better their own situations, not because they or Stockman are guilty or did anything wrong.

The judge also reviewed with the lawyers a hefty pile of questionna­ires mailed in by hundreds of potential jurors for the month-long trial which is set to begin on March 19. The lawyers and the judge agreed to excuse 24 jurors for hardship reasons, including some who had nonrefunda­ble travel planned, many who were students, some straddling jobs and young children without support and one whose spouse has dementia.

Rosenthal said she would summon 90 of those remaining in the jury pool. She said she planned to seat four alternates in addition to the 12 jurors.

Fight over previous records

The lawyers also took up a number of evidentiar­y issues, including the admissibil­ity of a 1994 FEC proceeding involving Stockman, statements he made during a 1997 deposition and a 1998 conciliati­on agreement he made related to a 1994 campaign.

Assistant U.S. Attorney Robert Heberle, from the Public Integrity division of the Justice Department in Washington, D.C., argued that these previous records would show he had a pattern of willfully violating federal election law. Rosenthal shelved the issue, saying she would decide if it was admissible based on what occurred during the trial.

The lawyers also discussed whether the jury be allowed to consider evidence that Stockman didn’t pay taxes in 2010, 2011, 2012 and 2014. The judge said she would allow that evidence at trial.

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