Saturday, March 12, 2011

LIBERTY DISPATCH EXCLUSIVE- JUDGE SIGNED GAG ORDER IN CLEVELAND, TEXAS SEX CASE

UPDATED

GAG ORDER SIGNED 03/15/11

The judges signed Liberty County DA, Mike Little's "gag order" with the best of intentions but other motives by Mike Little are at play here, not the 12 year old's protection.

Liberty Dispatch has learned that Liberty County DA, Mike Little's motivations are very suspect.  We have learned that an increasing number of national media have asked him about charges against him for the sexual assault of a black man named, Michael Lynn Blue.  The Mr. Blue case is working its way through the Liberty County courts at this time.

The Michael Lynn Blue case number at the Liberty County District Clerks office is:  CR24373

Thursday, March 10, 2011

VICTIMS: Liberty County Taxpayers

As readers of Liberty Dispatch will remember, there is a case in the 253rd Judicial District Court of Liberty County concerning charges by a black prisoner that Liberty County DA, Mike Little sexually abused him by sodomizing him.  Michael Lynn Blue filed his case against Liberty County DA, Mike Little on 11/09/2010.

The charges go on to state that DA Little used or traded the sexual contact as an unwanted barter for a reduced sentence.  The case filed in Liberty County is filed under case number #CR24373.

The problem with this case beyond the obvious charge of homosexual abuse and official oppression of a prisoner is another fact- which places Liberty County taxpayers and State of Texas taxpayers in a position of abuse by DA Little.

The abuse occurring is county and state taxpayers having to effectively pay for Liberty County DA, Mike Little’s legal representation.  Furthermore, in addition to county and state taxpayers having to pay for DA Little’s representation is the outrage of someone from his own office representing him.  His first assistant Liberty County DA, Anne Streit is the one who county and state taxpayers are paying to represent Liberty County DA, Mike Little on a criminal based charge.

Texas Law* clearly states a Criminal District Attorney is NOT entitled to legal cost reimbursement.

County/State Law** clearly states the county does not have a duty to provide legal counsel for a criminal charge involving a County Criminal District Attorney.

Apparently, the Liberty County District Attorney, Mike Little has publicly suppressed the criminal charge made against him and his use of county funds for his defense.  The unauthorized use of county assets for his legal defense also rises to the charge of illegal use of county assets.

Liberty County has come a long way but this lingering injustice and corruption has stalled the progress and strides made in the recent past elections and has created a victim out of Liberty County and State of Texas taxpayers.

*State of Texas: A criminal district attorney is not a covered person under section 104.001, a criminal district attorney is not entitled to be defended by the attorney general or receive reimbursement of defense costs under that chapter. (Criminal charges, DA) See Tex. Civ. Prac. & Rem. Code Ann.  104.001-.005

**County of Liberty: As a court has determined, however, a county does not have a general duty to provide for the criminal defense of any of its officers and employees. See White v. Eastland County, 12 S.W.3d 97, 102 (Tex. App.--Eastland 1999, no pet.). A pertinent statute, section 157.901 of the Local Government Code, requires a county to employ and pay for private counsel to represent a county official or employee in an action arising out of the performance of public duties. See Tex. Loc. Gov't Code Ann. 157.901 (Vernon 1999). The court in White determined that section 157.901 creates a duty to provide for a defense in civil cases, but does not create a duty to defend an official or employee against a criminal charge. See White, 12 S.W.3d at 102. The court in White also determined that the common law does not impose a duty on a county to pay for the criminal defense of its officers and employees. Id. at 103. Consistently with the opinion in White, we conclude that a county does not have either a statutory or common-law duty to provide for criminal defense expenses of an officer or employee.

Tuesday, March 08, 2011

Dear Editor...

I have a few thoughts on the longsuffering and the politics in our county. If I may I would like to share them with your readership.

Thomas Paine stirred the American spirit in the 1700’s when he encouraged the colonists to “oppose not only the tyranny but the tyrant”. This is one of the most famous phrases Paine wrote in his pamphlet Common Sense and it is not difficult to understand why it was important that it be said. In fact, it needs to be said now in Liberty County.

The abuse and misuse of office in Liberty County is well known. But we need to face the facts that Thomas Paine faced over 200 years ago and realize that it takes more than just hating corruption. It takes more than just recognizing something is wrong in the courthouse.

Paine points us to what may be common sense but something that is less common to act on. In addition to opposing corruption, Paine says we have to oppose the corrupt people involved too. By most accounts King George III was a popular head of state. But after he refused to change his ways and reacted so aggressively in response to the Olive Branch Petition, it took someone like Paine to help people to see that though the King may be loved, opposing him was the only way to be free – and the only way to free the King from being a tyrant.

The good people of this county are in many ways just like the patriots in Paine’s day. Most people are not eager to see someone lose their job or to face the consequences of their behavior. Most people hate corruption, but they do not expect to find out that the corrupt are their friends and neighbors. We almost would rather just continue to gripe about corruption and do nothing rather than find out the county is being victimized by someone that we know or someone whose family we really like.

In the days following the American Revolution and Thomas Paine’s famous writings, the British and King George III became the United States’ number one trading partner. In knowing that, we need to realize we too need to oppose our friends when they are doing wrong. We need to help take them out of a position of authority. We need to stop allowing their corruption to hurt so many people. Then, as the patriots did with the King, we can try and renew our relationship with them.

STILL PAYING FOR THE PAST

The four to one vote yesterday in Liberty County Commissioners’ Court is a sure signal Republicans are not going to sit on the fence and waste a great deal more time on this controversial issue. They voted to halt the ongoing project to remodel the old Wal-Mart store into county office space and an emergency shelter. Liberty County Judge Craig McNair made the motion, adding he would like to see the building put of for sale to recoup some of the money already spent on the project. As expected Democrat Liberty County Commissioner Todd Fontenot voted against halting the project he and Lee Groce and Phil Fitzgerald initiated.

Before local politicians simply take a loss in the real estate market, Liberty Dispatch would like an answer to the questions centering on a middleman making suspicious profits off of the county’s purchase of this property. Rumors still are adrift about Todd Fontenot, Lee Groce, and Phil Fitzgerald giving thumbs up to a middleman purchasing the old WalMart building and then selling it to Liberty County in a pre-arranged “deal”. We would love for that rumor to be false, but in the midst of one scandal after another, we would like this to be verified before taxpayers simply take hundreds of thousands of dollars of loss in a sale of this property.

We also would be interested in hearing Phil Fitzgerald’s side of the story about any agreement he believed he had with Bruce Stratton and the hospital district or if it is true he paid over a million bucks for this property and had no inkling of a deal with anyone.

Our hats are off to Liberty County Judge, Craig McNair for moving on this issue. Liberty County taxpayers needed to hear a reasonable plan to develop the property or an exit strategy. Now we can at least recover some of the money the Democrats blew and we can get the building back on the tax rolls. Somewhere soon we hope there is an end to how much and how long we will pay for the past.