PART SIX: Rusty Hight, the “Sex Offender Judge”

Sometimes we never hear about cases that our local judges have been challenged on and that have been ruled on in the Ninth District of Texas Court of Appeals in Beaumont. Undoubtedly, local Judge C.T. “Rusty” Hight (the Democrat party's candidate for the 75th District Court on the November ballot) and his nephew, Zack Zbranek (the Democrat party's candidate for County Court–at-Law Judge on the same November ballot) would have hoped no undecided voter would see or hear about the Court of Appeals rulings in the case of Jose Gregory Moore v. The State of Texas.

In Cause No. 09-06-532 CR, the Ninth District Court of Appeals gives the short version of how Zeke Zbranek and his brother-in-law, Rusty Hight, two of the proud standard bearers for the Democratic party in Liberty County, applied the type of liberalism that is infamous for giving criminals a break in life. It recounts Jose Gregory Moore’s nolo-contender plea to a serious sex offense involving a minor. It acknowledges Zbranek sentencing Moore to probation after he was found guilty. It alludes to Hight giving the same troubled convicted sex offender a very rare and inexplicable judicial clemency – but does not acknowledge knowing anything about the notice Hight had that the Houston Police Department had that a female came forward and filed a complaint against Moore for another sex offense.

The Court of Appeals briefly covers the fact that Hight signed papers wiping the sex offender’s record clean from his heinous offense in Liberty County in 2004. These papers were clearly marked in way that even non-lawyers could quickly should see the result of Hight's signature on them would be to make it more difficult to prosecute this known sex offender and more difficult to prove he deserves a long sentence in the future. In fact, the Court of Appeals even cites changes in the law that would not even allow a liberal judge to do what Hight did anymore – but there was nothing even the Justices could do about it and Hight’s clemency of a convicted sex offender  was final because the actual case occurred before the loophole in the law was closed.

Chief Justice McKeithen, Justice Gaultney, and Justice Kreger all had a firsthand look at how one of Liberty County’s courts and Hight applies the law. They unanimously followed the law and ruled that Hight could not file papers two years later to disavow his previous bizarre ruling in 2004. Hight had his chance to do the right thing from the start, but legally, after thirty days, he had lost his jurisdiction. Moore hit the “liberal Democrat Judge lottery” when he appeared before first Zbranek and then Hight! Ciiens of Liberty County are the ones that pay the price for Hight's ongoing liberal pproach in cases that are not high profile cases.

The part the Justices did not see is the video (in a previous story of LD) that accompanies this story. Watch the video and you will understand how Hight does business on your behalf.  The video will show you how a television reporter did an expose’ on the Judge that represents the 75th District Court. It is proof that Hight knows that we expect him (and we expected Zbranek) to be tougher on people who choose to harm children in Liberty County. Only after he found out a news channel was about to expose his actions did he try to do something to Moore. By then, it was too late.

Who really knows how many cases Hight has applied the same kind of liberal "give them another chance" philosophy to convicted criminals? There is no doubt in high profile cases that are in the public eye - Hight does not always let them win the lottery. He tries to make a good showing if he feels the voters may be aware of his behavior. We also know Judge Hight doesn’t go easy on his political enemies but gives pedophiles and sex offenders a free ride. It is difficult to say exactly what the magic formula is, but Hight has had ‘Wednesday deals day’ for years. So much damage, it is likely immeasurable. Because there are many to choose from Liberty Dispatch will choose one more case soon and report on it and then we will focus on other aspects and stories connected to the November election..

We do know concerned citizens questions shouldn’t end with Hight. "How are his “deals” allowed to be made?" is one of many questions that involve other officeholders. And the answer to the question should send a message to conservatives that District Attorney Mike Little is persona non-gratis. By just his name appearing in this whole deal as having “received notice”, we know Little is not the answer to problems with people that mess the system up like Hight. “WE THE PEOPLE” elected Little to stand up for our interest, and none of us heard a peep from him, time after time before during and after these deals. Little should have been the stop gap measure in all of Hight’s schemes and deals.

Republicans who want to return law and order and the rule of law to the 75th District Court need to also realize that the consistent application of justice has as its greatest enemy in Liberty County, the chief prosecutor. Mike Little’s continuous unending selective prosecution would not be so bad if we all spent every minute in the courtroom. When he is watched closely he can present a good show for the public. But Republicans should help voters with an alternative to this man. Despite his many faults, after he was appointed to replace the distinguished District Attorney W.G. Woods, Little has never had an opponent. And he definitely has a political ally in his fellow Democrat, Rusty Hight!

We have said it before but we will say it again. This is just one case that shows the public what kind of “experience” Hight has over the highly esteemed legal mind of his November challenger, Mark Morefield. Hight states in his Liberty, Texas billboard message “Years of service”.  This is NOT the kind of service/experience that makes Liberty County safer or promotes law and order.

Currently, the State of Texas Judiciary has Candidate, Democrat Carol “Rusty” Hight under investigation for judicial misconduct and has yet to rule on Hight’s alleged Judicial Misconduct, Ethics and Official Misconduct. According to sources, justices and disciplinary counsel are set to rule on Hight’s activities between now and the first of the year.

Stay tuned for our next Hight series ahead.

The Reaper Cometh...

In the next few weeks, Liberty Dispatch will be releasing some very hard hitting stories of corruption and public official misconduct.  Stay tuned...

'Little' Understanding...

The end of the year 2009 in Liberty County politics was most encouraging for those of us who have been concerned with all the scandals in the local courthouse and the “fundamental change” being forced upon us by the White House. The District Judge of the 253rd Court, Judge Chap Cain, announced publicly his doubts about how our County Judge had handled FEMA money. The rest is history.

The question most of us should ask is this...what is up with our District Attorney? We would imagine every man worth his salt is wondering why anyone would want the job of district attorney that Mike Little has and NOT handle things like the investigation of the FEMA scandal or the Glenn Vickery DWI scandal. Isn’t that the whole reason someone would want to have such a job – to seek justice and to make the system function according to the rule of law? Has his office spiraled downhill into making decisions based mostly on politics? Is someone giving him marching orders?

It is difficult to understand Little’s behavior otherwise. Is it true he has traveled and teamed up with Phil Fitzgerald to accuse Phil’s accusers of something in the Beaumont’s courts? Isn’t Fitzgerald the main person of interest to the feds in the FEMA scandal? Is it true that while federal prosecutors have pursued a case against Fitzgerald, Little is being directed by Fitzgerald or someone else to get a grand jury to indict Judge Cain? If so, for what? And why?

Did Little and Fitzgerald and other Democrats know Judge Cain was switching to the Republican Party and decide to punish him? Does someone have something on this District Attorney and he follows their orders to keep his secrets? Why didn’t our District Attorney handle the investigation when Cain’s mail was tampered with and then the ensuing conspiracy of Democrats who tried to falsely accuse him of exceeding campaign contribution limits? Knowing Liz Beausoliel was involved in that incident, is Little’s absence in this case an indication he took sides with former Assistant County Attorney Mark Beasoliel in the feud between Judge Cain and Beausoliel a few years back?

Understanding Little’s behavior is difficult. His devotion to the Democrats and partisan political goals are unsurpassed in our county. It reminds us of how he chose to prosecute Janet Harrelson years ago, the only player in that fiasco who didn't break any laws, and chose not to prosecute anyone else– when everyone knew she could not have done anything without help from (many) other officials. But for now we are thankful voters sent a message in the Republican primary by rewarding Judge Cain with nearly 70% of the vote and returning him for four more years on the bench. Undoubtedly, his concerns about local FEMA abuse and Obama spending money like a drunken sailor resonated well with conservatives.

Perhaps we will all see who is driving Mike Little and if he is all that is left of the good old boy party that has gone from scandal to scandal in the last few years.

LIBERTY COUNTY VOTE FOR A MONARCHY?

One family asking voters to let them rule two courts?

Can you imagine a world where your political ally and fellow political schemer is the County Judge, where one of your closest political allies and a tenant in one of your offices is one of the three major judges in the area, where your father-in-law is in charge of the opposing political party and where his best friend is in charge of the county business in the area you live, and your nephew is in charge of one of the major judges? And you, well you are one of those three major judges. That is the world C.T. “Rusty” Hight envisioned after this election.

But the world according to Judge Hight was in trouble before the primaries were decided. His County Judge, fellow Democrat Phil Fitzgerald, thought he could coast through the Democratic primary because he knew there weren’t fifty Democrats who even knew his opponent. Hight didn’t figure on Fitzgerald losing in the primary, but Fitzgerald was beaten worse than any incumbent County Judge in the history of the county.

The next miscalculation was Michelle Merendino, Hight’s close ally and tenant who he encouraged to run as a Republican for the 253rd District Court so he could defeat Fitzgerald’s arch enemy (District Judge Chap Cain – the person who exposed Fitzgerald’s wrongdoing to the world). Republican voters overwhelmingly chose Judge Cain in an election that sent Merendino back to the space she rented from Hight to continue to practice law in Hight’s court.

Then Hight was blindsided when his father-in-law, the one he counted on helping him convince conservatives to be okay voting for a Democrat (even though Lester Wisgerber’s record shows he clearly has the philosophy of a liberal) was rejected by Republican voters in favor of someone most of the voters had never met or even heard of before this election.

After the primaries the world according to Hight was left with only two possible victories. And the nearly eighty year old best friend (Norman Brown) of Rusty Hight’s father-in-law was the weakest part of his plan to rule and reign in a world of his own making. But the other part of his plan is still intact and is the most important way for Hight to dominate the courts and have something even close to a world like he hoped for.

The stop gap measure for Hight is Zack Zbranek, Hight’s nephew. If Zack’s strategy works (to make political signs like his brother’s signs were years ago and to spend a lot of money on billboards and advertising and run on his family’s famous name among Democrats and Hight’s coattails) then Hight can dominate two of the three courts.

With Fitzgerald working closely with Democrat District Attorney Mike Little to get a grand jury to indict Judge Cain and to go after other Republican activists, at least the most important part of Hight’s dream world is possible. Or is it…? Would voters put two of the most ardent partisan cut throat Democrats on the benches of a courthouse that has been spirally down amidst scandal for years? That is what is left of Hight’s plan. The fact that they are allies of Barack Obama and nephew and uncle to each other should disqualify them for anyone tired of the Liberty good ole boy system.

This is a race of two Democrat judges who are related. They are running a campaign of quasi nepotism, a disturbing recipe for more corruption in Liberty County. The aroma emanating from these two people vying for a major slice of the judiciary in Liberty County has a vile stench; voters should be on high alert.