Hidalgo aides’ hearings continue
Lawyers must prove staffers vital to jobs
When lawyers for two employees of Harris County Judge Lina Hidalgo return to court, they will have to prove that the jobs of the indicted staffers are vital to county government and that no one else can assume their responsibilities.
A judge in the 174th District Court on Monday warned the defense attorneys for Wallis Nader, Hidalgo’s policy director, and Alex Triantaphyllis, Hidalgo’s chief of staff, to be prepared to argue against an attempt by the Harris County District Attorney’s Office to enforce broad bond conditions. Prosecutors want the two employees to have no part in the planning or implementing of county contracts following a grand jury indictment on felony charges of tampering and misuse of official information.
The employees are accused of helping to steer a since-canceled $11 million COVID-19 vaccine contract to Elevate Strategies by giving its owner early access to bidding materials. Elevate Strategies, whose owner has Democratic ties, won the contract over the University of Texas Health Science Center, despite lacking prior public health experience and a more expensive proposal.
A third county staffer, Aaron Dunn, faces the same charges but now works in the Harris County Flood Control District.
The status conference Monday unexpectedly devolved into a formal hearing with Judge Hazel B. Jones demanding evidence from both sides. Prosecutors supplied some exhibits — but no witnesses — to back their motion for bond conditions, but Nader’s attorney, David Adler, was unable to offer evidence to support his assertion that she is vital to her job.
A court coordinator intervened to remind the judge that the cases were scheduled for a status conference on their docket. Adler asked the judge to reset the evidence hearing, which she did.
“Normally, when lawyers for both sides walk into the courtroom — we know if we're going to have an evidentiary hearing,” said attorney Brett Podolsky, who also represents Nader. “Neither side knew it was going to be a hearing.”
Three months into the criminal case, bond conditions have not been finalized.
The lawyers for Nader and
Triantaphyllis have until August to deliver witnesses and evidence. The judge’s initial thought was that prohibiting Nader from participating in the American Rescue Plan Act
steering committee, composed of about 20 people, would not be egregious.
“Why is that so overbearing on the client?” she asked, specifying later what she wanted from the lawyers. “Please be prepared on those issues: Does this person need to do this job, are they that important to the county?”
Adler depicted the committee for the American Rescue Plan Act funds as a starting point for county policies and that Nader, as policy director, makes those policies happen.
Assistant District Attorney Michael Levine argued Nader could continue to do most aspects of her job description should she be ordered to not participate in the American Rescue Plan Act committee.
Jones went on to express concern that the existing bail conditions could lead to prosecutors finding more charges to lodge against either Nader or Triantaphyllis.
“I don’t want to put her in a place where the she could be charged with another crime,” the judge continued.
An attempt to remove Harris County District Attorney Kim Ogg’s office from the prosecution and another to sanction the defense attorneys for pushing for the removal and the alleged disclose of grand jury secrets into the three employees were not discussed. The motions has resulted in lengthy back-andforth motions filled with testy language against both sides, with the defense suggesting that the indictments stemmed from Hidalgo’s refusal to increase the district attorney’s office budget to the point Ogg sought.
Hidalgo canceled the contentious contract in September as Republicans on Commissioners Court questioned the procurement process.