Waco
– Tax Collector Buddy Skeen could face seven consecutive trials and
any sentences imposed upon his conviction could be ordered to run
consecutively.
It's
up to a visiting judge from Milam County, retired 20th
District Judge Ed Magre, who will decide in an early morning hearing
Tuesday if 54th District Judge Matt Johnson will preside
over Mr. Skeen's trials for misapplication of a fiduciary property,
giving a false name and forgery, and theft by a public official.
Potential
jurors chosen to hear the case were sent home for the night. They
will be back in the morning and the case could go forward, pending
the decision of the visiting judge.
When
attorneys for embattled Tax Collector Buddy Skeen pressed for a
change of venue last week, claiming he could not get a fair trial in
McLennan County, they met in the judge's chambers to talk about their
motion. At that point, they pointed out that the judge is an injured
party under the definition of state law because Mr. Skeen acted as a
public official in his alleged acts of fraud and theft.
According to state criminal procedure statutes, no judge so affected may sit in judgment in such a case.
According to state criminal procedure statutes, no judge so affected may sit in judgment in such a case.
They
also applied their argument to prospective jurors, as to their being
injured parties.
If
the state were permitted to amend the indictment, they argued, their
client should get an additional 10 days to prepare his case.
According
to a motion for the judge's recusal, “Judge Johnson became visibly
angry and stated to counsel that, if Defendant insisted on an
additonal 10 days to prepare for trial in light of the amendment of
the Indictment, the court would not entertain any plea agreements
on any of the counts or cases subsequently tried...”
The
motion goes on to state that Judge Johnson told the attorneys that if
they pressed for the extension of time to prepare for trial, “that
Defendant asserting his statutory right to an additonal 10 days to
prepare for trial would result in Defendant being subjected to an
additional seven (7) trials after the jury tiral currently
scheduled.”
On
top of that, he told the defense attorneys, he would order any
sentences imposed on Defendant to run consecutively rather than
concurrently.”
Based
on the judge's demeanor and the tone of his statements, wrote Jeff
Kearney, “counsel took his statements to be a direct threat to
'stack' Defendant's sentences if Defendant asserted his legal
rights.”
Citing
the Texas Code of Criminal Procedure, Mr. Kearney argued that the law
says “No judge...shall sit in any case where he may be the party
injured...or where...the party injured may be connected with him by
consanguinity or affinity within the third degree.”
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