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TexasTowelie

(111,292 posts)
Wed Dec 11, 2013, 07:02 PM Dec 2013

Judge rules Rosemary Lehmberg should not be removed as district attorney

4 p.m. update: District Attorney Rosemary Lehmberg will remain in her position as the top felony prosecutor in Travis County, visiting Judge David Peeples ruled Wednesday.

Lehmberg hugged her supporters in the courtroom after the decision was read, shedding tears.

In closing arguments, Jim Collins, an assistant county attorney prosecuting the case, argued that keeping Lehmberg in office would harm the public interest. He said Lehmberg had a pattern of lying and was not managing her problems with alcohol.

On April 12, when she was arrested for drinking and driving, she was so drunk she could not walk and did not know where she was, Collins said. But it was not her single instance of intoxication, he said, pointing to receipts from Twin Liquors that he said showed she had spent about $8 on vodka a day.

More at http://www.statesman.com/news/news/crime-law/day-three-of-testimony-begins-in-rosemary-lehmberg/ncHfh/ .
14 replies = new reply since forum marked as read
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Gothmog

(143,999 posts)
2. This is great news
Wed Dec 11, 2013, 08:43 PM
Dec 2013

I know Rosemary's brother. If Rosemary had been removed, Perry would have been able to appoint a republican to this office which is responsible for all public integrity investigations including the one that may involve Greg Abbott

Javaman

(62,439 posts)
3. while I completely understand what you are saying and agree to a point...
Thu Dec 12, 2013, 11:15 AM
Dec 2013

she was DWI and should serve time or do community service.

I make exceptions for no one regardless of the political implications.

She fucked up and as a result fucked us.

That is compete irresponsibility on her part.

Granted, much like that rich kid with the right wing parents that just got off after killing 4 people while DWI, there is a two class system in this state. You got the money, you got the influence, you walk.

If you are poor and/or a minority, you go to jail.

Gothmog

(143,999 posts)
4. The facts are that she did serve time
Thu Dec 12, 2013, 12:46 PM
Dec 2013

My law partner is her brother and so I know some facts on this case. Rosemary served time for a first time DWI offense (this is unheard of for Travis County) and during her time in jail, she was cut off from all of her medications because the sheriff did not want to show special treatment. It is not a good idea to go off blood pressure meds cold turkey but that is what happened to her.

After her time in jail, Rosemary went into rehab and her doctor testified in this trial.

It is my partner's strongly held view that Rosemary was treated differently from any other person caught on a DWI. First time offenders do not normally go to jail. This lawsuit was a really bogus affair that is based on a provision in the Texas Constitution that is clearly in violation of the ADA and other federal laws. Please do not get me started on the stupidity of the Texas constitution.

Rosemary is the same lady who prosecuted Tom DeLay and is now pursing an appeal of the ruling that held that overturned the jury verdict against DeLay. Her office is also investigating the member of the cancer board who is a friend of Greg Abbott. Perry wanted Rosemary removed so that he could replace her with a republican who would drop the DeLay appeal and drop the investigation into the cancer board.

Again, the facts make a difference.

Gothmog

(143,999 posts)
5. Here is an article on Rosemary Lehmberg going to jail
Thu Dec 12, 2013, 01:36 PM
Dec 2013

First time DWI offenders never go to jail unless they are Rosemary http://www.kvue.com/video/raw/Raw-Video-Lehmberg-in-jail-203830931.html

Travis County District Attorney Rosemary Lehmberg has been sentenced to jail for 45 days, and her license will be suspended for 180 days, after pleading guilty to driving while intoxicated and an open container violation.

The sentence is the harshest given by Travis County for a first time DWI offense.

Javaman

(62,439 posts)
6. And this is the second time she was caught drinking...
Thu Dec 12, 2013, 04:55 PM
Dec 2013

so what are you saying that her being pulled over and charged with DWI and having an open bottle of vodka was a set up?

it sounds to me, regardless of how unfairly she was treated the first time, she didn't still learn anything and continued to drink.

And I'm supposed to feel sorry for her because she fucked up?

yes, there is politics at play her, but given the current circumstances it appears as if she can't control her addiction.

more over, what if she had killed someone? then what? free pass for the rich and influential? just like that kid who killed 4 people?

sorry, it doesn't work for me.

Gothmog

(143,999 posts)
7. I think that your facts are wrong
Thu Dec 12, 2013, 05:14 PM
Dec 2013

First, you do realize that this trial was a bogus attempt to remove her from office after she had already served jail time several months ago? This case was first brought by a disgruntled ex-employee at the request of the GOP so that Rick Perry could replace her with a republican. The law in question is from the days of prohibition and has never been used in this fashion before and the judge was correct to rule in her favor. You may find it acceptable for Rick Perry to be able to use this trial to get the appeal of Tom DeLay's conviction dismissed or the investigation into Greg Abbott's friend, but I disagree.

Second, the only arrest that I could find was the arrest where she served jail time as a first time DWI offender. This was her first arrest. Here is a more complete set of facts http://www.statesman.com/news/news/crime-law/civil-trial-resumes-for-travis-county-district-att/ncGnB/ In Travis county, it is unheard of for a first time DWI to spend time. Rosemary accepted that sentence in order to show that she was not getting any favoritism.

The lawsuit that is the subject of the OP was bogus and Rosemary Lehmberg was being treated very different from any other elected official. There are numerous republican male office holders who have never faced this type of lawsuit for drinking. The Texas Constitution has some out of date of crap in it and has been amended several 100 times. This lawsuit was based on one of these old provision and the judge was correct to dismiss the lawsuit.

Javaman

(62,439 posts)
8. She was caught under the influence while driving...
Thu Dec 12, 2013, 05:15 PM
Dec 2013

with an open bottle of vodka in the passenger seat.

what did I get wrong about that?

Gothmog

(143,999 posts)
9. And she served Jail time for that offense
Thu Dec 12, 2013, 05:35 PM
Dec 2013

It is unheard of in Texas and Travis county for a first time DWI offender to get jail time. This is the only incident here. Rosemary consented to serving jail time in order to show that she was not getting special treatment but normally one is only punished once for a crime and she served her punishment. This lawsuit was a second attempt to punish her for the same offense and normally this is not allowed.

You do realize that the lawsuit in question is a bogus political attempt to let Rick Perry appoint the person who would be able to control the appeal of Tom DeLay's criminal conviction and the investigation of a member of the state's Cancer Research fund (which investigation may implicate the GOP candidate for governor)? Again, this lawsuit was brought under a prohibition era provision of the Texas Constitution that was probably illegal or preempted by the ADA. The judge was correct to dismiss the lawsuit.

I for one am happy that Rick Perry will not be able to appoint Rosemary's replacement. I am sorry that you seem to want to see Rick Perry have this opportunity. It is a long shot, but I am still hopeful that the courts will affirm the conviction of Tom DeLay which would not happen if the court accepted your views. I am glad that the judge applied the law here.

Javaman

(62,439 posts)
10. yes, as I live in Austin, I love to give cement head perry every opportunity...
Thu Dec 12, 2013, 05:39 PM
Dec 2013

\

thank you for throwing out that piece of gross hyperbole.

now then, if this is indeed double jepordy as you say, "This lawsuit was a second attempt to punish her for the same offense and normally this is not allowed", why then doesn't her lawyer argue to have the case thrown out on that basis?

Gothmog

(143,999 posts)
11. A republican judge threw out the case
Thu Dec 12, 2013, 05:59 PM
Dec 2013

The judge does not have to say why he ruled in her favor (unless the parties ask for findings of facts and conclusion of law which is not likely here). The judge should have dismissed the case at the offset but few judges are willing to do this. Most judges will give both sides a chance to present evidence and then rule. According to Rosemary's brother, the judge may have well threw this case out due to "double jeopardy"

I know from Rosemary's brother that the judge made comments during the trial about the weakness of the case against Rosemary including commenting that the evidence being presented by the petitioner was no different than the evidence one would see in DWI trial but the defendant was not on trial for DWI. Given the comments that were made by the judge during trial, it appears that he may have indeed ruled on this case on that basis from a laypersons viewpoint. From a legal standpoint, it appears to me that the judge did not think that the petitioner proved their case in that the proof necessary for a DWI conviction would not satisfy any reasonable interpretation of this ancient Texas law.

Again, even though you live in Austin you were not aware that Rosemary served time for this offense. I know from her brother that she was treated worse than most inmates including being denied her medications. After her time in jail, Rosemary underwent rehab (which is far more than is what happens to most DWIs in Texas in general and Travis County in particular). Hopefully knowledge of the facts will help you understand why this particular lawsuit was bogus and in effect double jeopardy.

I am happy that justice was done and I am very happy that Rick Perry will not have the opportunity to appoint some one to replace Rosemary Lehmberg.

malokvale77

(4,879 posts)
12. This...
Sat Dec 14, 2013, 10:41 PM
Dec 2013

"I am happy that justice was done and I am very happy that Rick Perry will not have the opportunity to appoint some one to replace Rosemary Lehmberg. "

Gothmog

(143,999 posts)
13. Here is an article from one of the Austin papers on the stupidity of this lawsuit
Mon Dec 16, 2013, 04:15 PM
Dec 2013

Here is an interesting article on the stupidity of this lawsuit and the Travis County Attorney who took this case to trial. http://www.austinchronicle.com/news/2013-12-13/point-austin-lehmbergs-scarlet-letter/

Travis County Attorney David Escamilla's prosecution of Lehmberg – for that's what this nominally "civil lawsuit" became – was a public disgrace, which Escamilla and his staff could have prevented, but for which they themselves will suffer few ill consequences, and after which they will likely never think to apologize. They've taken bad law and almost no precedent and turned the case into yet another public shaming of Lehmberg and consequent media circus (see "Lehmberg NOT Removed&quot . In court, I found myself waiting for Asst. C.A. James Collins to bring out the stocks so the D.A. could be placed in them, and we could all start throwing rotten vegetables at her, out in front of the courthouse....

Well, baloney. I watched the State attempting to construct its argument – mostly by (repeatedly) reconstructing in exhausting detail the April 12 DWI and aftermath that is not only well-known but legally well-settled, and then to turn it into some sort of template that would underlie all of Lehmberg's future actions. They couldn't really manage it, and I wasn't the only one in the courtroom who found it troubling. Judge David Peeples was clearly puzzled by the State's relentless focus on a DWI that had already occurred and been adjudicated, finally asking Collins, "Are you asking me to predict the future" and somehow anticipate that in some future circumstances, Lehmberg might again drink and drive?...

On Wednesday afternoon, Judge Peeples immediately ruled that Lehmberg would not be removed – any other decision would have been a travesty. This nonsense never should have been allowed to get this far, and the Travis County Attorney could have simply ended it. To apply an obscure Prohibition-era state law – enacted when it was literally illegal, under federal law, to possess alcohol – to a one-time DWI by a longtime public servant who has otherwise had a clean and distinguished record, is not only a violation of equal protection under the law, it's a disgrace to the institutions and citizens of Travis County.


This lawsuit was a joke and the County Attorney who brought it should be removed from office. I really wonder why this idiot brought the lawsuit and I hope that he had not made a deal with Perry or the GOP here. Again, this lawsuit should have never gone to trial.

malokvale77

(4,879 posts)
14. "I hope that he had not made a deal with Perry or the GOP here"
Sat Dec 21, 2013, 11:11 PM
Dec 2013

I think that is exactly the case and I hope that decision is a career ender for him. This shit needs to stop.

Thank you for all your informative posts here.

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