Posts Tagged “Judge Tony Lindsay”

Jerry Eversole Randy Hardin

Jerry Eversole’s attorney, Rusty Hardin, says the feds were trying to criminalize a friendship.

The “friendship” argument apparently was a part of deliberations. At one point the jury sent Hittner a note asking, “Friendship or not, where do you draw the line to justify continuing to accept things of value (as an elected official) with someone who does business with the county?”

County Commissioner Jerry Eversole, has escaped yet again from allegations of having a rather loose interpretation of ethics rules. A federal jury could not come to a decision on whether Eversole took $100,000 in bribes from a contractor, and U.S. District Judge David Hittner declared a mistrial.

On Tuesday after the jury said it was deadlock in two notes to Judge David Hittner, a third note was then sent to the judge from the jurors, which said the areas they needed to address include:

1. Re-stating the argument that this was a conspiracy.
2. What was the relationship between Surface and Eversole from their first meeting until 1999, and did the pattern of behavior change?
3. Friendship or not, where do you draw the link to justify continuing to accept things of value (as an elected official) with someone who does business with the county?

When our legal analyst read that last question, he knew there was no hope.

“This is a hung jury. You have jurors there who bought the friendship defense, that clearly say there is a line between friendship and criminal responsibility and we don’t know where that line is,” KTRK Legal Analyst Joel Androphy said.

The judge made the announcement today, March 30, 2011, just before noon, saying he’d like for a new jury to be chosen as early as this coming week with a new trial underway in April. Attorneys, however, said they would like more time.

As for the jury and where they stood on the four counts:

- Conspiracy: 5 guilty, 7 not guilty
- Bribery: 10 guilty, 2 not guilty
- 2003 tax misstatement: 10 guilty, 2 not guilty
- 2004 tax misstatement: 7 guilty, 5 not guilty

“We all agreed he took the money — that was evident. We all agreed he used his office or his influence — the question for two of us was did he do that corruptly,” Hopkins said.

But now, both sides know a lot more about how their case played to a jury. And to the majority of jurors who voted to convict, Eversole’s acceptance of big dollar gifts, even with a friend, didn’t play well.

“I think it was ludicrous. I think the guy knows exactly what he was doing. He skirted the law,” jury foreman John Hopkins said.

“At the end of the day, 10 of us thought he was guilty on at least 2 charges. We couldn’t sway the other 2,” said “jury foreman John Hopkins.

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©Rose Turner
March 30, 2011
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

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Jerry Eversole Randy Hardin

What caught my attention in this trial is that in the Houston Chronicle coverage there is mention of a lot of names that overlap all things Anna Nicole Smith trials.

At one point the Houston Chronicle says; “So how corrupt is the local scene? It all depends on what you compare it to, said Rice University political science chairman Mark Jones. “If you reference Chicago,” he said, “it’d be more similar. To Minneapolis? More corrupt.”

I have said many times since I return to Texas in 1990, what happened to “my Texas”, the one I grew up in and moved out of in 1977.

Who is Jerry Eversole? He is a County Commissioner in Harris County Texas that has been slammed with four federal indictments accusing him of accepting bribes and filing false income tax returns.

After demanding a quick and speedy trial after being indicted at the end of December 2010 and a three week trial in March 2011, the case went to the federal jury last Friday, March 25, 2011, with the defense led by fame Texas defense lawyer Rusty Hardin, deciding to put on NO defense. Rather it was the hint of the good ole boys and just friends helping friends like we do in Texas that Hardin rested on. Was it a gamble, yes per court analysts. Hardin of the fame J. Pierce Marshall and Anna Nicole Smith Probate fight way back in the early nineties, decided to take the same position that Steve Sadow did with Howard K. Stern in California. Very simply put, the U. S. government did not put on a case that Hardin felt was based on facts and so no defense other than friends do favors for friends in his closing arguments was his choice as a defense for Jerry Eversole.

The Houston Chronicle article also mentioned one of our old friends, Judge Tony Lindsay and the hot water her husband Jon Lindsay landed in 1993. That’s the year six-term Harris County Judge Jon Lindsay called it quits after being indicted for perjury, accused of lying on a campaign finance report and being accused by a federal convict of accepting a bribe to reroute a county road to boost the prospects of a housing development. The perjury indictments eventually were thrown out, and no criminal charges resulted from the bribery allegation. Still, Lindsay suffered a battering at the hands of then-County Attorney Mike Driscoll, who filed suit to remove the judge from office. Even that, however, was not enough to keep him out of office, as Lindsay went on to represent northern Harris County in the state Senate from 1996-2006.

The jury deliberated two hours on Friday and returned this morning and is deliberating again on the charges of alleged bribes cited by prosecutors included $17,000 Eversole received in landscaping, $30,000 in antique firearms, and $63,000 to pay off his mortgage. Eversole also was charged with filing false income tax returns in connection with the benefits.

Jerry Eversole’s friend Michael Surface also was indicted in December and is expected to go to trial in October. Defense attorneys maintain that prosecutors are “criminalizing” a 30-year friendship.

The other thing that caught my attention is the Judge Sharon Keller ongoing problems with the Texas state congress trying to impeach her and there has been another charge against her with the State Bar to disbar her, she was fined $100,000.00 by the Texas Ethics Commission, the highest ever fine, Jerry Eversole holds the second highest ever levied at a record $75,000 against him for campaign finance violations. If convicted Eversole could receive a maximum of 21 years in prison and $700,000 in fines.

Is this the beginning of cleaning up the Texas politics of hey friends help friends, or will it be business as usual and Jerry Eversole will walk this week?

Read the indictment and other papers filed before this quick trial and tell us if you think Eversole will walk?

12-20-10-Indictment (333 downloads)
12-28-10-Protective-Order (334 downloads)
1-10-11 Eversole Motion Limine (543 downloads)
1-11-11-Order-Allow-Additional-Motions (318 downloads)
1-11-11-Order-Setting-Deadline-Pretrial-Motions (306 downloads)
1-18-11-Order-Deny-Eversole-Request-Contact-Surface (315 downloads)
1-19-11-Motion-Severance-Trial.pdf (174 downloads)
1-24-11 Surface Motion Continuance (374 downloads)
1-24-11-USA-Response-Surface-Motion-Countinuance (304 downloads)
1-26-11-Surface-Reply-Continuance (450 downloads)
1-27-11-Order-Granting-Severance (310 downloads)
2-7-11-Order-Setting-Deadlines (325 downloads)
2-9-11-Eversole-Opposition-USA-Motion-Discovery (305 downloads)
2-9-11-USA-Motion-Discovery (341 downloads)
2-15-11-Eversole-Motion-Disclosure-Evidence (316 downloads)
2-16-11-Order-Granting-Part-Discovery (315 downloads)
2-17-11-Order-Granting-Motion-Disclosure (310 downloads)
2-28-11-USA-Trial-Memorandum (334 downloads)
3-6-11 USA Motion Limine (311 downloads)
3-8-11-Eversole-Response-USA-Motion-Limine (327 downloads)

Follow Us On Face Book at http://www.facebook.com/profile.php?id=100001254987261 and on Twitter at http://twitter.com/RoseSpeaks and see who Rose Speaks is following.

Visit our Download Section for all documents on the cases we are following:

Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site.

We will be listening to all of our readers about new cases. Do you have a tip for us on a case to follow? If so Contact Us, a link appears at the top of all pages; ALL TIPS ARE OF COURSE CONFIDENTIAL. If you would like to do some articles for Rose Speaks.com send us that information and we will give you our rules for guest writers.

©Rose Turner
March 28, 2011
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

Please also read our Terms of Use and our Privacy Policy.

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

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