2009-12-24

Hometown grand jury indicts former 198th District DA

By Judith Pannebaker

When apprised that an investigation had been launched into allegations that he had misused asset forfeiture funds, former 198th District Attorney Ron Sutton reportedly deemed the action “much ado about nothing.”

When asked to comment on Sutton’s recent indictment on two counts of misapplication of fiduciary property, Kerrville attorney Richard Ellison commented, “At least nine of 12 grand jurors from his own county heard enough evidence to indict Sutton. That is my answer to those who say that there is nothing to this, or it is ‘much ado about nothing’.”

Asset forfeiture funds are monies derived from criminal acts that have been earmarked for certain approved uses.

A complaint filed by Ellison on behalf of himself and two clients led to the current disarray in the 198th Judicial District – and to the investigation. It must be noted that none of Sutton’s former staff have been indicted.

Ellison’s allegations proved the impetus for a CNN segment by Cooper Anderson on his program “360” that shined a national spotlight on the goings on in the 198th Judicial District, which covers Kimble, Mason, Menard and McCulloch counties, as well as a portion of Kerr County.

The two indictments were handed down Thursday, Dec. 17, by a grand jury convened in the City of Junction in Kimble County, where Sutton resides. Special prosecutor Bill Turner presented the state’s case to the grand jury. In August, District Administrative Judge Stephen Ables had appointed Turner, who serves as district attorney in Brazos County, to head up the investigation.

According to 198th District Attorney Amos Barton, until his indictments, Sutton held the “honorary title” of assistant district attorney. However, Barton had earlier indicated, “He doesn’t do much work for the district.” It was not clear, however, if Sutton continued to draw a salary from the 198th Judicial District.

This is the second wave of tsuris to hit the increasingly beleagured judicial district. The first fallout from Ellison’s allegations occurred in September when District Judge E. Karl Prohl abruptly resigned from the bench.

Prohl’s troubles began when Ellison earlier filed complaints with the Texas Commission on Judicial Conduct (TCJC), claiming that two of his clients had been convicted as a result of Prohl’s bias in favor of the DA Sutton.

According to documents obtained by the Courier, Prohl had received checks totaling $14,500 from Sutton, which he used for office training, conferences and equipment and to attend a criminal law conference. Additionally, Ellison claims Prohl also received – from the same source – a portion of $21,475 for conferences in Hawaii, as well as $6,000 for “per diem” expenses during the conferences, which were sponsored by the Texas Independent Bar Association.

According to Ellison, the funds were garnered from seizures of cash and other assets by the Kimble County Sheriff’s Office. Apparently, as a district judge, Prohl was charged with approving all expenditures from the asset forfeiture fund – from which he later directly benefited.

Additionally, Ellison also lodged a complaint with the Texas Ethics Commission (TEC) claiming Prohl had failed to disclose the gifts of money and trips to Hawaii from Sutton in sworn financial statements filed with the TEC.

Prohl’s resignation stopped any disciplinary action as the result of Ellison’s complaints to the judicial commission. In an order issued Sept. 23, Prohl agreed to resign his judgeship “in lieu of disciplinary action by the Commission, pursuant to Section 33.032(h) of the Texas Government Code. The commission agrees that it shall pursue no further disciplinary proceedings against Judge Prohl in connection with the above-referenced matter.”

Additionally, Prohl’s resignation bars the 18-year veteran jurist from ever serving in a judicial capacity again in the State of Texas. The agreement with the TCJC was signed a week after Prohl’s resignation.

However, despite his resignation, apparently Prohl still remains under investigation by the attorney general’s office, according to confidential sources.

On Oct. 23, Texas Gov. Rick Perry appointed Kerr County Attorney Melvin “Rex” Emerson Jr., 49, to fill Prohl’s unexpired term.