Requesting an attorney to represent an elderly relative who is being subjected to exploitation is not a crime. Matter of fact, it is a crime not to file a report of petition when evidence or concerns of exploitation exists. Moreover, a person who files a reoport or petition is provided immunity from civil and criminal liability. When this immunity is not honored, this constitutes a violation of the law. [Texas Human Resource Code 48]
A sham investigation is when an investigator makes materially false statements in a report and/or interviews only witnesses who will be favorable in securing an indictment, and likewise, does not interview witnesses who will provide evidence that will not be favorable to obtaining an indictment. When this occurs, you can usually suspect that improper influences are present. Regardless, it is a violation of the law to charge an individual based upon false and/or misleading information; especially, when the information in a report is shown to be false.
Also, a judge cannot be the investigator or the prosecutor in a case. Likewise, a judge cannot aide and/or assist in any way in the investigation and/or prosecution of a case. To do so is a violation of the law. When this happens, you can usually suspect that there is an improper motive present; evidenced by donations (known and/or perhaps unknown) and/or a questionable relationship with an adverse party. When this violation occurs, it is also a crime and it's referred to as Official Oppression.
It is also a violation of the law for a judge to have communications with an opposing party or their attorney without the other party being present. This is called ex parte communications. Likewise, it is also a violation of the law for a judge to obtain information and/or evidence relating to a case that is not filed or record in the case; especially, information and/or evidence provided to a judge by an adverse party for purposes of using it against another party in a case. This, too, is obviously a violation of the law.
A prosecutor is held to a higher standard than an ordinary attorney. Prosecutorial Misconduct is when a prosecutor uses deceptive means to obtain an indictment such as not disclosing exculpatory evidence to a grand jury; intentionally misstating the law to the for purposes of misleading the grand jury; allowing materially false and misleading information to be presented to the grand jury; presenting a charge that the prosecutor knows, or should know, is barred by the statute of limitations or is frivolous.
Prosecutorial Misconduct is also present when a deceptive method is used to obtain an indictment. For example: using a person's “single” answer to a compound question to facilitate an indictment of perjury. When something questionable like this occurs, you can usually suspect improper influences and/or conflicts of interest are present such as the prosecutor having been paid over $124,000 in court appointments from the very judge who is the “complainant” in a case.
As a tax payer, I detest wasteful spending by our elected officials, especially, when our money is being spent on personal vendettas and frivolous charges that are wrongfully initiated against law-abiding citizens, and, certainly, when initiated by someone in prison.
When some and/or all of these elements come together, this results in a bizarre outcome. And, this can very easily result in a law-abiding citizen being indicted for a crime in which the actions of that person does not even remotely constitute a criminal act.
And, when things like this occur, it is usually because something very improper is going on behind the scenes! And, this will result in compromising the integrity of the entire justice system.
I venture to say that Brown County has seldom, if ever, paid for a grand jury to be empaneled for three days concerning a single case. This is especially true when it involves a “victimless” matter arising solely from a person requesting an attorney to be appointed to represent his elderly grandmother from being further exploited. And, it is even more appalling, when it arises from a person who had already been found guilty of facilitating one of the largest Medicare fraud scams in the county.
And, why was an attorney requested to represent this elderly person? …because the convicted felon had unlawfully attempted to facilitate the “undisclosed” sale of over $1.5 million partnership assets that had not been properly reported to the federal government pursuant to their $1.67 million forfeiture claims which affected “all” members of the partnership, including this elderly woman.
And, did the federal government consider the matter to be of a serious nature? ...Most definitely, and the U.S. Department of Justice stopped the Aug. 9, 2011, court hearing in Brown County, and had the person who was attempting to facilitate the fraud arrested.
But, what did the judge do to the fraudster? ...absolutely nothing!
And, what did the judge do to the person who requested that the judge appoint a attorney to represent this elderly woman? …the judge ignored the request and, instead, solicited attorney(s) to pursue a criminal investigation against that person. More appalling, the judge initiated a perjury claim against that person based upon the judge's personal knowledge of a deposition transcript that was not even on file at the courthouse!
Is there something highly questionable about this? ...most certainly!
James A. Ruth and William Ruth