The People's Lawyer
February
15, 2008
REQUEST FOR MANDATORY INVESTIGATION OF CRIMINAL CONDUCT
PURSUANT TO THE ELECTION CODE.
VIA HAND
DELIVERY
Cindy Stormer
District
Attorney
235TH Judicial
District
100 S. Dixon St., Suite 303
Gainesville,
Texas 76240
VIA HAND DELIVERY
Tanya Davis
County Attorney
100 S.
Dixon Room 307
Gainesville, Texas 76240
VIA
REGULAR FIRST CLASS MAIL
Greg Abbott
Attorney General of Texas
Special Investigations Unit
Office of
the Attorney General
PO Box 12548
Austin,
TX 78711-2548
Re:
In the Matter of the Election Contest of Precinct 1, County Commissioner’s Race, Cooke County, Texas; Candidate Wayne
Dodson.
Greetings:
Be advised that I have been retained to represent Mr. Wayne Dodson. Mr. Dodson, a man of exemplary character, and a candidate for Commissioner in Precinct
1, has been recently accused, on three occasions (twice involving local public officials in Cooke County), and within a matter
of weeks just prior to the election, of committing assault on these various complainants.
The fact is, these outlandish accusations have been fabricated on the eve of the Republican Primary by persons known
and unknown who are sympathetic to the campaign of Commissioner Gary Hollowell.
I. FACTS.
Facts relevant to this investigation are as follows.
First, Mr. Wayne Dodson was present during a Commissioner’s
Court meeting on or about January 28, 2008, wherein he politely tapped one Ms. Shelly Saunders (Auditor) on the shoulder to ask for a copy of a report at issue during the meeting. This conduct was in no manner forceful or rude, and is a commonly accepted social behavior designed to
get the attention of another person that is facing the other direction, or used to gather the attention of an individual in
a loud or crowed space. She never claimed that she was hurt, but simply stated that he should never touch her again. It is believed that a wrongful complaint may have been filed for assault related to
this incident, although some sources say that Mrs. Saunders has not pursued charges.
Conversations with the Gainesville Police Department indicate that there is an “ongoing investigation”
with regard to this incident. This certainly casts a cloud over the upcoming
election. My independent investigation reveals that no crime was committed.
Secondly, and most astonishingly, on a date uncertain during January,
Mr. Wayne Dodson, candidate for Precinct 1 Commissioner’s Court, went into a public office, the office of Tax Assessor
Collector, and had legitimate inquiries regarding a specific law related to how money is being collected or paid into the
general fund versus the road and bridge fund. He is an American Citizen and was exercising his rights in this regard. The elected official, one Billie Jean Knight, engaged in a pleasant conversation with
Mr. Dodson over the counter, and then invited him to come into the general area of the office and to speak with a representative
from the State of Texas on the phone to respond to Mr. Dodson’s query.
She apparently answered his questions begrudgingly, and after this
telephone conference (at which time Ms. Knight was in relative close proximity to Mr. Dodson), Mr. Dodson then returned to
the other side of the counter. The conversation continued in a civil and appropriate manner.
At no time did Ms. Knight cry out, or object to any offensive touching or assaultive contact. Many employees were present in the office in the immediate area at that time and could
have easily seen such behavior. It is believed that police took statements from approximately seven employees a week or more
later, but only two of these offered any testimony at all corroborating Mrs. Knight’s version of the events, and these
were taken over a week after the alleged incident (The Gainesville Police Department has refused to share this information
but other sources indicate that nothing out of the ordinary occurred). The
area wherein she claimed this offensive touching occurred was in an open area easily accessible by all to view and watch the
goings on. If anything had occurred,
everyone in the office would have know, and it wouldn’t have taken a week to Cooke up the story.
By information and belief, it is known that Ms. Knight went about
the courthouse and spoke with many different individuals stating that there had been a confrontation with Mr. Dodson, embellishing
her story throughout the week as she gained the courage to file a complaint. The
fact that she filed a report recently appeared in a local newspaper called The Weekly News of Cooke County, under headlines
styled “Cooke County Official files assault charges,” stating that “Cooke County official reported Friday that she was assaulted at the Cooke County Courthouse. Cooke County tax assessor-collector Billie Jean Knight reported that
she was poked with a finger that caused bruising.” Interestingly, it appears that she did not see fit to
make such a report for at least a week after the incident, and only then were photos taken of her alleged injury.
It is suspected, after she consulted with other individuals for whom such a report would be politically advantageous, that
she fabricated the story to harm Mr. Dodson. By information and belief, she never
made a complaint to any co-employee on the day of the incident in question.
This story smacks of perjury and fabrication. Assault victims call
the police when they are assaulted, not after sauntering around the courthouse in an inappropriate and suspicious fashion
for a week to muster up the courage. I have been a criminal lawyer for twenty
years, and the story of Ms. Knight, along with photos taken a week later after someone supposedly poked her on the arm, has
the smell of week old fish.
Finally, there is the matter of the alleged assault on one Mary Carlile at the One Stop store in Callisburg. This is perhaps the most preposterous
complaint yet. It appears that Mr.
Dodson went to the One Stop on or about the morning of January 26, 2008, to eat his breakfast, and was told by the owner, who chased him
into the parking lot, to never come back to her store. She forbids him to discuss politics in her store and is openly antagonistic
towards Mr. Dodson. By information and belief, she reported to a Cooke
County Deputy that Mr. Dodson pointed a finger in her face and grabbed her shoulders.
By facts set forth
in the attached affidavits, is clear that she did not make her police complaint until February 7, 2008, after she had learned that Billie Knight had made a similar complaint. There was no reported pain or bodily injury and these charges should be refused.
According to the affidavit of Ken Arterbery, Mary Carlile has made cash contributions
to Mr. Gary Hollowell’s campaign (the opponent of Mr. Wayne Dodson). Ken Aterbery (see attached affidavit) was present when Mary Carlile learned of the the
Knight complaint, and only then after did Mary Carlile make her own complaint. Her complaint was made twelve days after the alleged incident wherein she chased him outside and cursed
him, getting in his face. Her husband also ran out and threatened to kill Mr.
Dodson. It’s a simply case of piling on.
Mary Carlile learned of the other complaint by Billie Jean Knight, and simply added insult
to injury by making her own false police report.
II. THE LAW.
By this letter, I am invoking my client’s right to compel and
investigation. As set forth in the Texas Election Code, Section 273.001, entitled
“Investigation of Criminal Conduct,”
“(a) If two or more registered voters of the territory covered
by an election present affidavits alleging criminal conduct in connection with the election to the county or district
attorney having jurisdiction in that territory, the county or district attorney shall investigate the allegations. . . .”
Further, in accordance with Section 31.006 of the Texas Election Code,
the Attorney General is being notified of the conduct as issue as set forth herein, and as expounded in the affidavits attached
hereto. Pursuant to that section of law, entitled “Referral of Complaint
to Attorney General,”
If, after receiving a complaint alleging criminal conduct in connection
with an election, the secretary of state determines that there is reasonable cause to suspect that the alleged criminal conduct
occurred, the secretary shall promptly refer the complaint to the attorney general The
secretary shall deliver to the attorney general all pertinent documents in the secretary’s possession.
The pertinent criminal misconduct of the complainants, and/or their
co-conspirators, violates Texas Criminal law in two respects. First, as set forth
in Section 37.08 of the Penal Code, entitled “False Report to Peace Officer or Law Enforcement Employee,”
(a) A person commits an offense if, with intent to deceive, he
knowingly makes a false statement that is material to a criminal investigation and makes the statement to: (1) a peace officer
conducting the investigation; or (2) any employee of a law enforcement agency that is authorized by the agency to conduct
the investigation and that the actor knows is conducting the investigation. …
(c) An offense under this section is a Class
B misdemeanor.
But perhaps more problematic is the alleged violation of Texas Penal
Code Section 36.03, entitled “Coercion of Public Servant or Voter.” That
provision provides in relevant part as follows:
(a) A person commits an offense if by means of coercion he: …
(2) influences or attempts to influence a voter not to vote or to vote in a particular manner. (b)
An offense under this section is a Class A misdemeanor unless the coercion is a threat to commit a felony in which event it
is a felony of the third degree….
Thusly, the law requires and compels and investigation to be instituted in the event that
there are election code violations. TIME IS OF THE ESSENCE.
III. DEMAND FOR INVESTIGATION.
Gainesville is a small town, and the election is set for March 4,
2008. Even unsubstantiated allegations such as the ones made by the three women in this case are potentially
catastrophic to a candidate on the eve of a hotly contested election. The facts
are that Mr. Wayne Dodson is a 72 year old man, honorably discharged from the United States Military, and has never been charged
with a crime during his entire life. It is certainly odd that, on the eve of
an election against a deeply entrenched incumbent, that Mr. Dodson would assault three different women, two of which are public
servants. Rarely would a set of facts such as these more strongly suggest conspiracy
and gerrymandering on the even of an election. My office has been overwhelmed
by offers of assistance and testimony as to his good character.
Allow me to respectfully state in furtherance of my client’s
rights that injunctive relief is an appropriate remedy in a case such as this. “A
person who is being harmed or is in danger of being harmed by a violation of threatened violation of this code is entitled
to appropriate injunctive relief to prevent the violation from continuing or occurring.”
Texas Election Code Section 273.081. Failing appropriate action by the elected officials responsible
for prosecution and investigation of crimes, it is my clients intent to file for relief in the court
of appropriate jurisdiction.
Thusly, by virtue of the laws of the state of Texas, and compliance
with all that is just and fair, Mr. Wayne Dodson respectfully invokes his right to compel and investigation of this matter
in the immediate future, and certainly before the election date of March 4, 2008, in order to clear his good name, and absolve him of any and all
criminal misconduct. Alternatively, he requests that once facts are established
to show a pattern of practice or behavior on behalf of those opposing his candidacy, that appropriate criminal proceedings
be instituted to enforce the laws of this State and prevent the ongoing criminal behavior underlying this tragic sequence
of events. Fair elections are the hallmark of democracy. Actions such as those set forth in this document are a cheap and lurid attack on American Values. Justice and the law demands quick and decisive corrective measures. In the event that the County
Attorney or the District Attorney are
unable to provide an independent and fair investigation, it is requested that they bring in a special prosecutor, or to refer
the matter in toto
to the attorney general.
I remain,
Respectfully,
Johnny Brown
Attorney and Counselor of Law
Cc: The Weekly News of Cooke County
Cc: Tom Carson
Cc: Andy Hogue, Gainesville Daily Register
Cc: KXII and KTEN
Encl’s: affidavits from Robert A. Henderson, Betty Hansmeyer, J.C.
Skinner, Kenneth Arterbury, David Hansmeyer, and Wayne Dodson.; copies
of campaign finance report of Gary Hollowell. (Note that all affidavits say Grayson County only because that is where they were
sworn, but all affiants are residents of Cooke County, Precinct 1, and are eligible voters
in the contested election).
