E. Texas judge steps down over texting DA during trial

Conroe – Though she's not admitting she did anything wrong, 258^th District Judge Elizabeth E. Coker walked away from her bench of 14 years after an investigation made it clear she had been influencing juries and prosecutors during trials.

According to knowledgeable observers, Judge Coker had been texting to jurors and members of the District Attorney's staff, sharing tidbits about procedure, case law, and suggested questions to ask during criminal trials. Communications of that type between judges and juries, prosecutors and defense counsel are ethically improper.

The judge explained that she walked away to avoid the expense and botheration of a lengthy disciplinary proceeding against her.

"The Judicial Commission made no finding or determinations of fact in my voluntary resignation, and I have not admitted guilt, fault or liability in my voluntary resignation. While I could have fought these allegations, it would have involved significant time, significant expense, and disruption to everyone involved. I did not feel that was in the best interests of the taxpayers, our court system, my family or myself," Coker stated. "I love this judicial district. The people deserve a judge that is fully focused on carrying out their duties, which would have been impossible for me to do in this situation."

In a recent issue of “Line Notes,” a publication of the Baylor Alumni Association, Judge Coker acknowledged that it is her life long dream to be a jurist.

She gushed in an article by Daniel Houston, “After Sunday dinner after church, instead of conversing with the women, I would go into the living room and talk with my dad and uncle who were both Baylor grads – and my grandfather about their cases and the law. I cannot think of a time in my life that I did not want to be a lawyer...”

The 258^th Judicial District comprises Polk, Montgomery, and San Jacinto Counties.

She is the past president of the Alumni Association for 2012-13, a Baylor Law grad, and a third generation Texas jurist.

Troopers arrest two for carrying black powder revolvers

Austin – Witnesses say Department of Public Safety Troopers arrested two unidentified men who were carrying holstered black powder revolvers on the steps of the State Capitol during the Texas Book Fair.

According to Victoria Montgomery, a spokeswoman for Open Carry Texas, no one else in the crowd was armed. She did not know for what charge troopers placed them in handcuffs.

News outlets said they received no return message from DPS when they made inquiries.

Justin DeLosh, III, gained release on a personal recognizance bond on the charge of criminal trespass. Tom Jefferson raised the bondsman's fee on a $5,000 bail for criminal trespass with a deadly weapon. Authorities released both within hours.

M/Sgt. C.J. Grisham may be seen here addressing the crowd about the protest rally and what occurred. 
 

Top battles Tattoo faces in fertilizer wars - fight moves

Sergeant complains to judicial commission;
Lawyer squeals to State Bar about judge

By The Legendary

Jim Parks

Defense Attorney Blue Rannefeld

Belton – Auxiliary Court Room for Rent – reasonable rate – to the right visiting jurist with proper credentials, willing to exclude public, conceal exhibits, verbally abuse the defendant, his wife, and his family – all in the name of “ethics.”

M/Sgt. C.J. Grisham wasn't on a random stroll when officers of the Temple Police Department arrested him for going armed on March 16; they didn't apologize when they confiscated a custom-built AR-15 M4 carbine and a Kimber .45 cal. concealment model pistol.

Oh, it was described as a Boy Scout hike of 10 miles so his son Chris, Jr., could get credit for a merit badge. True story.

But there's a lot more to this story.

Sgt. Grisham recalls, “Before I went to Afghanistan, I and another guy went on a high speed chase, going after anhydrous thieves. I had a rifle...,” and then he breaks into that manic war fighter's laugh, the kind any major dude with hard stripes will give, anywhere from a slight chuckle to a hyena's howl. James Jones worked hard to describe it in From Here to Eternity after he tagged the First Shirt with it in his story about a rifle company between wars on the sunny island of Oahu, just waiting for the Japanese to attack, though they didn't know it. The laugh speaks of the firefight, the ambush, night attack, crossfire, minefield, and booby trap.

M/Sgt. C.J. Grisham

No matter what's going on in the far-flung outposts of the Empire, come March, someone at “the house” actually cares what is happening on “the place” - if the middles get run, seed bed is laid out, rows laid off, fertilizer applied and covered with moist soil. Easter time is on its way, and it won't be long until it's time to plant grain sorghum. Cotton follows later, but not much later.

A very undesirable element waits for those times, the times when big white nurse tanks of anhydrous ammonia are spotted around the country in dark fields, not far away from houses where older folks who hit the hay early still live on the land while younger farmers who live elsewhere handle their crops on a custom basis.

When the tattoo faces come to call with flashlights and propane tanks, the old folks cringe. Not only do they know to the penny what that anhydrous costs them; they are scared.

They should be.

Consider what happened to a Bellmead Animal Control Officer one frosty March morning a few years ago when he arrived at the dog pound to feed the stray hounds.

Two sack-chasing methamphetamine cooks were on a mission to retrieve a 50-pound bottle of anhydrous, and they ducked down in the ditch when they saw him coming. When the man went inside the pound, they approached in stealth, and one of them, an old boy with two tear drops tattooed beside his eye - a man who acknowledged during the sentencing phase of his trial for murder that he's already killed twice on a contract basis while pulling a jolt inside the penitentiary - plugged him in the back. Then he flipped the man over and shot him in the dead center of his chest, just to finish him off.

So Sgt. Grisham and his son carried the shooting irons along on their patrol out past the place where a lot of his kin folks live on the land – prime stuff near the airport with soil like coffee grounds, level and always draining well, adjacent to industrial campuses and aviation complexes under the control of a local government economic development authority.

They were men on a mission, as it were. Top Kick and number one son, on foot patrol, but riding for the brand, nevertheless. S'posed to.

“They've given me a lot of chances to make this go away,” said Sgt. Grisham last week, when a 4-man, 2-woman jury could not reach agreement on a verdict, and his jury trial for interfering with a public official in the performance of his duty ended in a mistrial.

In Afghanistan, the cash crop is opium, and the Taliban comes to call with AK-47 rifles at the ready, collecting taxes for the Mullah in the name of Allah. Sgt. Grisham should know. He and his men operate in the field of military intelligence, classifying, enumerating, correlating names, dates, faces, accidents, incidents, happenings and reports. But that's another story.

In this story, his jury was chosen in the absence of family and friends who could have watched and listened from the gallery to learn what questions are important to prosecutors when they choose a jury of six qualified, registered voters who are willing to sit still for a week and judge their fellow man for an accusation of a Class B Misdemeanor violation.

Visiting Judge Neel Richardson excluded family and friends during jury selection.

He's allowed to do that.

He's from Harris County, a judicial retiree who must work a certain number of hearings and trials in order to qualify for his full pension from the State of Texas after his retirement. Many judges enjoy the part time work and continue to work for many years past that auspicious occasion.

He had the attorneys and bailiffs position the extra large television screen where folks could not see how Officer Steve Ermis jammed the muzzle of his sidearm into the back of the Sergeant's head, stomped on his foot and jackknifed his torso over the hood of a police car before he jabbed him in the ribs with the pistol and unsnapped the rifle from its sling.

He testified he needed to get control of him so he could determine if he's qualified - allowed to have a gun - and Grisham hollering all along that he has a concealed carry handgun license in his bill fold. To qualify for that, you can't have a felony record, a history of mental illness, sex offenses, stalking or other creepy stuff. Grisham still has his concealed carry permit, but he doesn't have his Kimber pistol. The cops are hanging on to that item in exactly the same way they are keeping his rifle safely under lock and key.

Three developments. The defense lawyer, Blue Rannefeld of Cowtown, has made a motion for a change of venue to another town, though Judge Richardson will follow him there, along with court security people, the prosecutors and the court reporter. Rannefeld is “looking into” filing a grievance with the State Bar of Texas, something that can result in disbarment and the loss of a license to practice law if convicted. Visiting County Court at Law Judges must be licensed to practice law in the State of Texas, admitted to the bar by The State Bar of Texas. Kind of like losing a driver's license, except you can't go to AA and get a permit to drive to work. Can't collect that pension without that law license. Got to be some kind of big deal.

Grisham has filed a complaint with the Texas Commission on Judicial Conduct because the judge told attorneys in an in camera conference that he, Grisham, and Mrs. Grisham are a “couple of yokels” and that he's going to “teach them something about parenting.”

Your correspondent would have joined him, but one must have the Cause Number on the complaint in order to fill out the form properly. That little doo-dad costs $5 if you have the Bell County Clerk's office look it up for you.

How else would one get it? After all, the ladies of the clerk's office are the ones who assign the numbers, now, aren't they?

There are other elements of Sgt. Grisham's complaint, including not allowing the defense to enter some allegedly exculpatory items into evidence and the rumored exclusion of certain witnesses, several refractory sessions in chambers as the attorneys attempted to come to an agreement on the jury instructions, and an outright refusal to help jurors when they called for instruction, trying to understand the basic nature of the charge and what must be proven to find innocence or guilt. Namely, the definition of criminally negligent behavior. This is not to mention his outright refusal to grant a defense motion for a change of venue in the first place – wouldn't even talk about it – and a total disregard for the merits of the case for his recusal vis a vis his allegedly prejudicial behavior.

Penalties include anything from a private admonishment or reprimand, a public version of the same, or outright removal from the bench if the commission is able to pinpoint prejudicial behavior on the part of the judge.

One is reminded of General Sam Houston's admonishment of his troops' exuberant behavior at the Battle of San Jacinto. They continued to slaughter Mexican dragoons, even though the enemy had assumed a position on their knees, trying to surrender, screaming “Me no Alamo; me no Goliad.”

That's murder, the General kept shouting at them, riding back and forth along the skirmish line on his horse. That's a war crime. What in the world is wrong with y'all?

Finally, he gave up and shouted, “Gentlemen, I admire your enthusiasm, but I deplore your manners.”

And it's all about getting arrested for doing something that's not really illegal, namely, walking down the road with a loaded rifle or shotgun, taking a look over the fields.

Hoo, wah.

Queen Ruby 1 hears Biden's remarks about mental health

The Eyes of the Parrot - Los Ojos de Cotorra

Vice President Joe Biden gushed about certain strides made in isolating genetic markers that predict such dread mental illnesses as bipolar disorder. He and HHS Director Kathleen Sebelius appeared at a commemorative ceremony at the John F. Kennedy Library to mark the 50th anniversary of JFK's signing the Community Mental Health Center Act... 

In the court of public opinion, first impressions count

Larry Keilberg (L) of SelfDefenseFund.com helps arrange Grishams for TV interview

Battle royal shaping up in Bell County court

Ft. Worth, TX - Larry Keilberg, the national director of SelfDefenseFund.com out of Ft. Worth, advertises “complete peace of mind” when it comes to defending one self with the gun.

Cowtown, where the west begins, is as appropriate a place as any to buy one's pistolero insurance, and the “junkyard dog lawyers” from the self defense fund have it going on, according to the organization's website.

For an annual fee of $150.00, or the monthly mordida of $12.50, one is covered by the legal protection of Mr. Keilberg's stable of attorneys in any “state, territory, national park or tribal land,” insured against prosecution for self defense through the firearm if under attack by any person or animal, assured funding for legal representation, bail bond, or private investigator until either charges are dropped, an acquittal is reached, or a “no bill” of indictment is returned from a Grand Jury.

He proudly proclaims up to $1 million in coverage of legal fees and incidental trial expenses if necessary - “all the way to the U.S. Supreme Court.”

Spectators at the trial of M/Sgt. C.J. Grisham in Bell County were treated to the spectacle of Mr. Keilberg, a portly gentleman who brushes his silver mane straight back from his brow, sitting at a desk in the well of Auxiliary Courtroom 1 in the sleek, modern Bell County Justice Center as prosecutors presented evidence and testimony against his client during the two days of the case in chief.

He was signed on as a member of the defense team, as the audio-visual technical assistant to the defense counsel, his lead attorney, Blue Rannefeld, who represented Sgt. Grisham in a mistrial in this sensational case that stems from a March 16 arrest for walking down a rural road in Temple, Texas, with his son while armed with an AR-15 assault rifle and a Kimber .45 semiautomatic pisto,l for which he has a concealed carry handgun license.

With all the attendant flair of that great operatic factotum, Figaro, Mr. Keilberg shepherded his clients through this process of high drama, and faces a re-match on November 16, when visiting judge Neel Richardson, a retired jurist from Harris County, has set a re-trial. Mr. Rannefeld has said he will seek a change of venue in a location as yet undetermined.

“Do you know how rare it is to see a judge get faced down in his own courtroom?” asked Mr. Keilberg. “We have established the fact by the court record that he (Judge Richardson) was helping the prosecution.”

He made a veiled reference to another jurist whom the Texas Commission on Judicial Conduct recently removed from the bench for just such an offense.

One is reminded of his performance as the overly concerned volunteer who eagerly approached spectators outside the courtroom prior to jury selection to caution them against doing anything to prejudice the venire through inappropriate remarks or inadvertent voicing of opinion.

“You'd better shut your mouth,” he said. “You could wind up in jail for talking.”

Naturally, unless a member of the panel is approached overtly, there is no intent, and besides, spectators are under no obligation to sequester jurors or exclude witnesses. That is the role of the Court, the reason for jury assembly rooms.

Judge Richardson introduced a high degree of suspense by excluding spectators and press from the return of the jury's verdict after two days of deliberations in which they sought legal instruction seven times, most of it regarding the legal definition of criminal negligence as it applied to the facts of the case of Sgt. Grisham. He was accused of interfering with the performance of Officer Steve Ermis as he sought to disarm him and place him under arrest because of his carrying his loaded assault weapon, an act that is legal is this state.

One may hear a lengthy interview he gave DontComply.com, an advocacy group that favors open carry of firearms.

In it, he repeats his original sentiment that he is not speaking for his employers, corrections officials who employ him at a local penitentiary. He is speaking on his own behalf, he repeatedly states for the record.

One may only be gratified that he is giving The Texas Department of Criminal Justice, Institutional Division, such a considerate break in this matter of a Class B Misdemeanor, punishable by a $2,000 fine and/or a year in a county jail, or both.

L.J. Coterrill, prison guard, erstwhile juror

Prior to his selection as a juror, he quizzed reporters and spectators alike about their opinions in the matter, receiving a negative response from each person, all of whom told him it is not their place to instruct him about the facts of the case. Prosecutors would handle that, he was told.

Had anyone responded, they would naturally have been placed in custody for contempt of court.

Immediately following the verdict, he told members of the press corps that he was one of five jurors who held out for a verdict of acquittal. As of the weekend, he had changed his tune, giving interviews that held he was one of those who changed his vote to guilty following the judge's instruction regarding self defense and the legal definition of criminal negligence.

High voltage. Let soldiers and townspeople ululate. Sound the bar sinister.

Exeunt.

- The Legendary

Attorney reveals shocking truth about Grisham verdict

M/Sgt. C.J. Grisham placed under arrest by Officer Steve Ermis

Belton – In a complete reversal of what officials told the public following the sensational mistrial of M/Sgt. C.J. Grisham for the misdemeanor offense of interfering with a public official, Bell County Attorney Jim Nichols set the record straight in a courthouse interview with a citizen who wanted to confirm the truth.

Officials there required the man to file a written request for information to confirm the previously published date and venue of the trial following a 4-day mistrial that included two full days of jury deliberation which resulted in a hopeless jury deadlock.

But, according to what Mr. Nichols said, a juror named L.J. Cotterill misinformed the public when he said in a post-trial interview that five held out for acquittal, while only one juror voted to convict. Mr. Cotterill could not be reached for comment.

Mr. Cotterill said the panel could not agree on how to apply the legal definition of criminal negligence to the evidence and testimony presented in the case which prosecutors sought to prove regarding allegations that M/Sgt. C.J. Grisham interfered with Temple Police Officer Steve Ermis when he sought to disarm him during an arrest that took place on March 16.

He and his son were walking along a rural road near farm property members of his extended family own near the Temple airport after a woman phoned the police to report she was alarmed by the “odd” appearance of a man carrying a long black rifle in public.

A Dashcam video made by the equipment in Officer Ermis' patrol car clearly showed him pointing the muzzle of his semiautomatic pistol into the back of Sgt. Grisham's neck, grasping his rifle by the sling, and bending him over the hood of the police car before he jabbed the muzzle into his ribs and confiscated the weapon.

Ermis testified that Grisham waved his hands rather than placing them behind his back as ordered, and his voluble remarks questioning what law did he break constituted interference with a public official while in the performance of his appointed duties.

There is no law against carrying a loaded rifle or shotgun in public in Texas.

According to Mr. Gates, “He (Nichols) said, 'We talked to the jury after the trial, and it was 5 guilty and one not guilty.'”

Mr. Nichols confirmed that C.J. Grisham will be retried on November 18.

Reached for comment, Sgt. Grisham said, “At one point, it was 4 to 2 in my favor. Then the judge told them that it not a case of self defense, or that they could not consider self defense as a factor. So they completely split and went to 4 to convict...It was such a big swing that we thought it was a mistake.”

Once the defense team and he arrived for a guest speaker appearance in San Antonio for the “Line in the Sand” rally at the Alamo, they got a new perspective when they learned something brand new, at least to them.

“We didn't know until Saturday that it was five to convict and one to acquit.”

“After he (visiting Judge Neel Richardson) declared a mistrial, he said 'I'm looking at mid-November,' and they set the new trial for then.”

Reached for comment, defense attorney Blue Rannefeld said any pleadings or motions filed in the interim may affect the ultimate schedule of the new trial.

He intends to file a motion for a change of venue, but is not sure what new location the administrative judge for the area will select. Costs for the new trial will be borne by the taxpayers of Bell County. If the County Attorney's office chooses to drop the case at any time during the next two years, prosecutors could subsequently re-file the case before the statute of limitations expires in the year 2015.

Shauri is Swahili for a situation with which you must deal

Washington, D.C. - Ask any Masai warrior from l'Cote D'ivoir, and he will tell you that a shauri is something which you either did or did not cause, but with which you must deal – or else.

This seeming shibboleth paled when contrasted with the President's ready answer to newsmen that there is “no excuse” as to why the computer screens freeze and the system just will not accommodate the needs of people who clamor to sign up for the health care benefits law the GOP so opposes.

AP reporters supplied their analysis by saying, “But he said, 'it's time for folks to stop rooting for its failure.'

“In an ironic twist, the problems with the health care rollout were overshadowed at first by Republican efforts to delay or defund the law in exchange for reopening the government during the 16-day shutdown. The bill that eventually reopened the government included no substantive changes to the health care law.

“With the shutdown over, GOP lawmakers have been ramping up their criticism of the health care law's troubles...”