A special prosecutor may have been named to handle Texans’ for Public Justice’s criminal complaint against Governor Perry but will that same special prosecutor handle the complaint below? Or will the complaint below be among the 54 cases to be dropped by the Travis County Public Integrity Unit?
In a complaint received by Travis County District Attorney Rosemary Lehmberg’s Public Integrity Office on December 11th, 2012, it is alleged Texas State Sen. Tommy Williams exerted improper influence through the use of his office to ensure the Texas Attorney General reached a decision to file criminal charges against the complainant and others. In doing so, the complaint alleges Senator Williams violated state laws prohibiting public officials from using their office to influence the outcome of a proceeding on the basis of considerations other than those authorized by law.
I received a copy of the complaint from the complainant.
The complaint outlines that State Senator Williams violated Texas Penal Code Section 36.04 which reads:
a). a person commits an offense if he privately addresses a representation, entreaty, argument, or other communication to any public servant who exercises or will exercise official discretion in an adjudicatory proceeding with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law
b). for purposes of this section, “adjudicatory proceeding” means any proceeding before a court or any other agency of government in which the legal rights, powers, duties, or privileges of specific parties are determined.
c). an offense under this section is a Class A misdemeanor
Specifically included in the complaint was a series of emails; all obtained as official responses to a (n) open records request (s). Dated September 15, 2010 from Tommy Williams non-Senate email to or from members of The Woodlands RUD legal counsel, or their agents, representatives or related entities, one email summarizes the results of a conference call he (Williams) concluded with the (Texas) “Attorney General’s office on the voter fraud in the 23 June township election.”
In that email State Senator Tommy Williams documents the three step process two individuals should follow to submit a letter requesting assistance from then Texas Secretary of State Hope Andrade challenging the result of The Woodlands RUD May 2010 general election contest. Williams directs the two individuals to:
“address your complaint to the Secretary of State, send your complaint to (name withheld) and he will walk it over and put it in the right person’s hands at the SOS office.”
State Senator Williams is so acutely aware of the email he sent from his non-Senate email address that the closing sentence of his email reads in part:
“While I am happy you brought this to my attention I would ask you to contact me through my Senate office at email@example.com on matter of official state business.”
The complaint further alleges Senator Williams violated the Texas Open Records Act in regards to an open records request made by the complainant to Patsy Spaw, Secretary of the Senate. Ms. Spaw claims to have made a search of Senator Williams email records relevant to the open records request and found that no responsive records existed. Yet when another entity made almost the exact same request, an email from Senator Williams was produced.
I have a copy of the September 15, 2010 email from Texas State Senator William’s non-Senate email address and I am not publishing it at this time.
You though, dear reader, can read a copy of the complaint filed with Rosemary Lehmberg’s office here.
For readers of The Woodlands Road Utility District series, you will immediately recognize this complaint is related to the RUD case.
Will this complaint against Williams be one of the 54 cases to be dropped by the Travis County Public Integrity Office? Will “Texans for Public Justice” support the complainant? Or is TPJ simply an organization supporting Public Justice for Only Some Texans?