'Affidavit: Texas constable admits ordering bugging'

Out of the East Texas town of Tenaha, another remarkable story from the Fort Worth Star-Telegram about an asset-forfeiture scandal, this time centered around an elected constable. The story opens:

A small-town Texas constable told the FBI he secretly bugged other officials' offices after they were accused of illegally forcing motorists to forfeit their cash, according to a search warrant affidavit.

The affidavit, based on interviews conducted by FBI agents and Texas Rangers, quotes Shelby County Constable Fred Walker as saying he authorized the installation of hidden surveillance cameras and digital recorders even though he didn't have legal authority. It also includes a statement from a witness who claims Walker helped organize a scheme to sell drugs seized from suspects.

It's just another chapter in a longtime drama in Tenaha, a town of 1,160 near the Louisiana border, where nearly $800,000 in cash seized from motorists stopped for traffic violations along U.S. Highway 59 has led to lawsuits and a federal criminal investigation of the county's former district attorney and other officials.

Walker, 53, was Tenaha's city marshal at the time the alleged bugging occurred. He was elected constable in 2010. ...

According to the affidavit, McClure told authorities that Walker had him install surveillance cameras disguised as smoke detectors and hidden voice-activated digital recording equipment in the offices of Tenaha Mayor George Bowers and deputy city marshal Barry Washington. Walker said he wanted to "cover" himself over the traffic stops, most of which were conducted by Washington, McClure said in the affidavit.

Walker acknowledged in an interview the same day that he had authorized the installation of the devices in Washington's office and at City Hall, the affidavit states.

What a pit! This story just keeps getting worse and worse.

Feds investigating Shelby DA in alleged Tenaha shakedown cases

According to the Associated Press (Oct. 25), the Shelby County District Attorney responsible for infamous asset forfeiture scandal in Tenaha is now herself facing scrutiny from federal prosecutors. The story opens:

The district attorney in a Texas county with a well-known drug-trafficking route repeatedly allowed suspected drug runners and money launderers to receive light sentences - or escape criminal charges altogether - if they forfeited their cash to prosecutors.

As a result, authorities collected more than $800,000 in less than a year using a practice that essentially let suspects buy their way out of allegations that, if proven, would probably have resulted in prison sentences.

"They were looking out for the treasury of their county instead of doing the job of protecting society," said R. Christopher Goldsmith, a Houston attorney who represented one of the defendants.

The system engineered by Shelby County District Attorney Lynda Kaye Russell is now one focus of a federal criminal investigation that is also reviewing whether Russell and other law enforcement officials targeted black motorists for traffic stops.

Interviews, court records and other documents reviewed by The Associated Press show numerous examples of suspects who went unpunished or got unusually light sentences after turning over tens or hundreds of thousands of dollars.

The money from those and other defendants increased the DA's forfeiture account by more than two hundredfold and helped ease a tight budget. The county's former auditor has testified that at least a portion of it was spent on campaign materials, parades, holiday decorations, food, flowers, gifts and charitable contributions.

In one instance, a man accused of transporting 15 kilos of cocaine and more than $80,000 in cash got probation after forfeiting the money to the district attorney. When the Justice Department learned about the deal, federal officials regarded it as so outlandish that they took the rare step of building their own case.

In another case, a woman caught with more than $620,000 stuffed into Christmas presents walked away after reaching a similar agreement.

Russell, who has been district attorney in the county on the Texas-Louisiana border since 1999, did not respond to repeated requests for comment. She announced in June that she was resigning, effective at the end of the year, to care for her sick mother.

Law enforcement agencies across the country often seize money or property believed linked to criminal activity. If they can prove the link in civil court, authorities can take possession of it permanently. But it's highly unusual to make deals that provide suspects with freedom or leniency if they agree to forfeit their cash.

Class action certified in Tenaha asset forfeiture cases

Extraordinary! A federal judge has certified a class action suit against officials in the East Texas town of Tenaha who allegedly scammed motorists using asset forfeiture laws. Reports KTRE out of Lufkin:

United States District Judge T. John Ward filed his decision on Monday to certify a lawsuit alleging an illegal interdiction program by various Tenaha and Shelby County officials as class action. It wasn't long afterwards that plaintiff's attorney Tim Garrigan got requests for interviews.

Texas Lawyer reporters, local media and even national news outlets, including CNN and the Wall Street Journal, have been following the case over the years. The decision is significant in the legal efforts to stop illegal search and seizures and questionable 'interdiction' programs.

In the 58 page class action certification decision Garrigan said the circumstances are what stood out.

"It (the ruling) pretty strongly suggested that their (officials) interest was taking the money," said Garrigan.

A former constable testified as many as 1,000 people were stopped for traffic violations to look for narcotics trafficking. Most were minorities.

The only trouble is, "the police would say that their dog alerted on drugs and that they could smell marijuana, but they never found it," said Garrigan.

Nevertheless, when money was found it was often kept by officials. In exchange, the driver was free to go.

"There was never any real intention to prosecute anybody criminally," claims Garrigan.

KTRE put the judge's full order online here.