Darrell Alexander: "I’m not under investigation for anything"

We're doing a bad job of keeping the simmering Alvin ISD scandal off the pages of the ACR Blog. And we're a week behind the news to boot. But we wanted to comment on a statement made by Manvel High School principal Darrell Alexander. From the Facts:

Manvel High School Principal Darrell Alexander, in a phone interview before the meeting, moved to squash rumors that he was somehow involved.

“I’m not under investigation for anything,” Alexander said.

"I'm not under investigation for anything." Heh.

I'd like to nominate this statement for a Brazoria County version of the Bimbo Award. The Bimbo Award was created by Merrie Spaeth, a former media director for President Reagan. According to Ms. Spaeth, the criterion for the Bimbo Award is that "the speaker causes the listener to believe exactly the opposite of what is said." Ms. Spaeth continues: "The award is a reminder that repeating negative words only reinforces the negative message as well as misses the opportunity to convey the right message to the reader or listener."

Let this be a lesson for Mr. Alexander and everyone else. Sometimes "No comment" is the best comment.

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***UPDATE***
May 30, 2010
9:35 a.m.

PREDICTIONS:

1. Houston's summer will be hot and humid.
2. The Astros will miss the playoffs.
3. Darrell Alexander will not be principal at MHS for the 2010-11 school year. (We should at least resign ourselves to the likelihood of that event.)

Superseding Indictment for Fraser Verrusio?

Fraser Capone Verrusio (Right)

Today, the Justice Department filed an Unopposed Motion to Extend Filing Schedule (the "Motion"). At first, we thought this document would address dull administrative matters. We were wrong. There's some good stuff to be discovered in the Motion.

U.S. District Judge Richard Roberts had ordered the Justice Department to provide Fraser Verrusio with a Bill of Particulars (BoP) to more specifically describe the charges Mr. Verrusio must defend himself against. The DoJ hints that no BoP is forthcoming: "The government, however, is preparing to seek a superseding indictment." The new indictment, according to the DoJ would "moot the need for a bill of particulars".

The ACR Blog can only speculate as to why the DoJ wants a superseding indictment. Perhaps the purpose of the new indictment is to incorporate the allegations that Mr. Verrusio offered to insert amendments favorable to a Jack Abramoff client in a Transportation Bill. It is possible that the DoJ wants to charge Mr. Verrusio with new acts, but it seems to us that the statute of limitations would make that very difficult. We'll eagerly await the new indictment.

We also learn from the Motion that the defense plans to file a Motion in Limine to exclude government exhibits (page 1). This isn't a surprise, but if such a motion appears on PACER, it would likely provide us with a lot of new facts. And facts matter, you know.

So here's what to expect:

1. Any Time: A superseding indictment

2. June 14, 2010: Status hearing (9:45 a.m.)

3. June 22, 2010: Defendant's motion to exclude exhibits; Government's brief on Verrusio's alleged official acts.

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***UPDATE***
May 22, 2010
1:25 p.m. CDT

It just occurred to us that prosecutors aren't able to issue a superseding indictment. Only a grand jury is authorized to do that. This is important. It means at least one grand jury is still hearing evidence about Abramoff-related crimes.

Alvin ISD Superintendent Resigns

The ACR Blog has had several visitors looking for information regarding the sudden resignation of Alvin ISD Superintendent Robby McGowen. We don't know a whole lot about this alleged scandal -- only bare bones information. Purportedly, there are other people involved at a junior high campus and a high school who have not been held accountable. It makes us wonder what the district-level human resources official for these schools has been doing.

We understand that there is a Pearland connection in that one alleged scandal participant is assigned to an Alvin ISD school in Pearland's city limits (near the Nolan Ryan Expressway).

At any rate, this alleged scandal is w-a-y outside the scope of this blog. However, since no bloggers are writing about this, and the newspapers refuse to report specific information (and even delete some comments) related to this incident, we believe that there needs to be a venue for open discussion about the matter. Our intent is not to use our blog as a message board about this incident. We've discovered an old, moribund Yahoo! group dedicated to discussions about Alvin ISD. We'd like to suggest that interested people click on the preceding link and use the Alvin ISD group to discuss Mr. McGowen's resignation.

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In an unrelated story, Ultimate Pearland reported that Manvel High held a Shattered Dreams program today. We don't know a darn thing about the Shattered Dreams program, but Manvel High principal Darrell Alexander said, "Counselors will be available if students become emotional". If Mr. Alexander says a counselor will be available, you can take it to the bank.

Gulf oil spill good for Jack & Stephanie Victory

A friend of the ACR Blog sees two dots connected to the disastrous oil rig blowout in the Gulf of Mexico. Next, our friend notices that the two dots themselves are connected.

First up, Tim Carney of the Washington Examiner reports:

The Transocean Offshore Deepwater Drilling company has called for backup.

The company that made the Deepwater Horizon oil rig currently spewing oil into the Gulf of Mexico hired a lobbying firm on Monday — the Capitol Hill Consulting Group (CHCG).

According to a CHCG lobbying registration, Transocean’s lobbyists will include: former Democratic congressman Bill Brewster of Oklahoma; former Tom DeLay energy staffer Jack Victory; and Amanda Hill.

Transocean did not have a registered D.C. lobbyist prior to this week. We suppose they need one now. It's just a crazy coincidence that of all the lobbyists in the world, Transocean hires one of our favorites.

Meanwhile, the wife of Jack Victory, Stephanie, is earning some pocket change from the oil spill, too. From the Los Angeles Times:

A basket-like piece of equipment typically filled with sand and used to build military bunkers in Iraq and Afghanistan is being tested along the pristine northern shore of Dauphin Island as the last line of defense against the encroaching gulf oil spill....

This is the first time the baskets have been used in such a way. They were designed as replacement sandbags, filled to the brim with sand and used against flood waters or as bunkers in Iraq and Afghanistan.

"My job is to build a structure for the CI agent (polymer) to perform," said Stephanie Victory, CEO of Hesco-USA which makes the baskets. "That structure is in place and we are confident that it will perform."

We're not so sure that Mrs. Victory's job as CEO of Hesco-USA is to make the baskets for the CI polymer agent. In fact, we're skeptical that Hesco-USA makes anything at all. While the company has a small facility in Hammond, La., we believe that all manufacturing is done by HESCO Bastion, Ltd. in the U.K. Hesco-USA is not much more than a lobbying operation headed up by Mrs. Victory, with some marketing efforts mixed in. Oh yeah. Hesco-USA has an assembly facility in Louisiana.

Don't get us wrong. We don't doubt that Transocean needs representation in Washington these days. And any mitigation of the economic/environmental damage done by the oil spill is a good thing. We're just surprised to see both Jack and Stephanie Victory surface like a tarball in this disaster.

Status Report

From time to time, the ACR Blog likes to give a quick update on all Abramoff-related cases that have yet to reach sentencing ....

Ring, Kevin (1:08-cr-274-ESH)
Status: Mistrial; Retrial pending
Last Action Date: February 12, 2010
Next Action Date: July 26, 2010
Next Action Item: Jury Trial
Other: Motion for Judgement of Acquittal still pending

Verrusio, Fraser (1:09-cr-64-RWR)
Status: Pled not guilty
Last action date: May 4, 2010
Next action date: June 1, 2010
Next action item: Motions in Limine due; Bill of Particulars due

Albaugh, John (1:08-cr-157-ESH)
Status: Guilty
Last action date: February 23, 2010
Next action date: July 1, 2010
Next action item: Status Report

Blackann, Trevor (1:08-cr-325-RWR)
Status: Guilty
Last action date: February 22, 2010
Next action date: May 18, 2010
Next action item: Status Report

Boulanger, Todd (1:09-cr-25-RWR)
Status: Guilty
Last action date: April 30, 2010
Next action date: Date not yet set
Next action item: Status Report

Copland, Ann (1:09-cr-43-RWR)
Status: Guilty
Last action date: March 8, 2010
Next action date: June 8, 2010
Next action item: Status Report

Cooper, Horace (1:10-cr-76-RWR)
Status: Guilty
Last action date: April 8, 2010
Next action date: July 1, 2010
Next action item: Sentencing

Hirni, James (1:08-cr-348-RWR)
Status: Guilty
Last action date: March 5, 2010
Next action date: June 11, 2010
Next action item: Status Report

Rudy, Tony (1:06-cr-82-ESH)
Status: Guilty
Last action date: May 3, 2010
Next action date: August 4, 2010
Next action item: Status Conference

Scanlon, Michael (1:05-cr-411-ESH)
Status: Guilty
Last action date: January 14, 2010
Next action date: August 4, 2010
Next action item: Sentencing

Zachares, Mark (1:07-cr-106-ESH)
Status: Guilty
Last action date: March 17, 2010
Next action date: July 22, 2010
Next action item: Status Conference

Judge Roberts Orders Bill of Particulars in U.S. v. Fraser Verrusio

Attorneys for indicted scandal figure Fraser Capone Verrusio have been trying to get Count Two of the indictment, an illegal gratuities charge, dismissed. The defense claims that the Justice Department has not linked the alleged gratuity, a trip to the 2003 World Series, to an "official act". Both sides appeared at a Motion Hearing today in the courtroom of U.S. District Judge Richard Roberts to argue this matter, and the ACR Blog's Washington Correspondent was present for the proceedings.

In a court document filed on March 30, the government offers at least three alleged "official acts" related to the illegal gratuity charge in Count 2 (Doc. 33 at 2):

(a) meeting with [United Rentals'] lobbyists about amendments that would come before Verrusio

(b) advising the lobbyists on the need to improve their proposed amendments and offering to discuss the matter with them further

(c) counseling the lobbyists on how to defeat an effort to strip the amendments from the Transportation bill

The government identifies a fourth "official act", Mr. Verrusio's alleged offer to insert United Rentals' amendments in conference committee. The DoJ mentions this fourth official act in Paragraph 12 of the indictment. However, the DoJ seems to have been a little sloppy in drafting the indictment. The DoJ did not incorporate Paragraph 12 into the allegations related to the illegal gratuity charge in Count 2 (Paragraphs 24-25). The defense wants Judge Roberts to dismiss Count 2 due to this oversight. Basically, the defense claims that it isn't clear from the indictment that the grand jury properly considered Mr. Verrusio's pledge to insert UR's amendments as part of the illegal gratuity charge.

Judge Roberts stated that he believed the offer to insert the amendments was an "official act", but was not as certain with respect to the other three. Nonetheless, he seemed disinclined to dismiss Count 2. Judge Roberts felt that at this point in the case, the defendant should not face any uncertainties with respect to the charges he must defend. He ordered the Justice Department to provide a Bill of Particulars to Mr. Verrusio by June 1. Judge Roberts gave the DoJ an opportunity to convince him that the first three "official acts" (a-c above) were indeed "officials acts" under the gratuities statute. The DoJ must submit this brief by June 1 as well.

Overall, the developments in today's hearing appear to have resulted in a draw. Judge Roberts' order requiring a Bill of Particulars must be judged a win for the defense. Also, while Judge Roberts left the door open to dismissing Count 2 over the "official act" matter, our Washington Correspondent sensed that the judge was leaning toward allowing the inclusion of the offer/pledge to insert amendments as one of the "official acts" under Count 2.


Fraser Capone Verrusio

Now be aware that neither the author of the ACR Blog nor its Washington Correspondent are lawyers, so much of what happens in court is new to us. Having said that, our Washington Correspondent found it noteworthy that at the end of the hearing, Judge Roberts called Mr. Verrusio to the bench and reminded him to comply with all of his conditions of release or consequences would apply. Although the judge did not explicitly state these conditions in court, the ACR Blog reminds its readers of Mr. Verrusio's conditions of release:

1. Report (by phone) weekly to D.C. pretrial services.

2. Reside at a specific address.

3. May not travel outside continental U.S.

4. Must not have contact with former House Transportation Committee co-workers Graham Hill, Levon Boyagian and Elizabeth Megginson.

5. Must submit to a narcotics evaluation.

6. Must surrender passport.

7. May not discuss case with former House Transportation Committee co-worker Lloyd Jones.

We're not sure which, if any, of the above conditions may have led to this rather stern warning delivered by Judge Roberts in open court. All we can say is that U.S. District Judge Ellen S. Huvelle did not give a similar admonishment to Kevin Ring in any of the proceedings attended by our Washington Correspondent. Perhaps the two judges just have a difference in style.

Lastly, our Washington Correspondent noted that Mr. Verrusio seemed uncomfortable being in the courtroom. At one point, Mr. Verrusio briskly left the courtroom, and a member of the defense team had to go outside and retrieve him in response to a request from Judge Roberts. Following the judge's admonishment, Mr. Verrusio made another quick dash for the door. In fact, he easily beat Judge Roberts himself out of the courtroom.

Cash or Check? (Part III)

Tom DeLay (R)

Cash or Check?; September 1, 2008

Cash or Check? (Part II); March 18, 2009

While it may seem that the purpose of this blog is to document developments in the criminal cases against Fraser Verrusio and Kevin Ring, it isn't. The raison d'être for the ACR Blog is to chronicle the plight of our former Congressman, Tom DeLay (R-Sugar Land). On September 1, 2008, the ACR Blog observed that Texas case law had convicted defendants for money-laundering when the instrument laundered was in the form of a check.

We know we should read Kuff more often. Last week, he spotted an article in the Austin American-Statesmen indirectly related to the politically-inspired state money-laundering charges against Mr. DeLay:

The Austin appeals court erred in deciding that the state’s money-laundering statute - used to prosecute associates of former U.S. House Majority Leader Tom DeLay - did not apply to transfers made via checks, the Texas Court of Criminal Appeals ruled today.

The court’s 9-0 decision also upheld the state’s election laws prohibiting corporations from making political contributions to candidates ...

The men asked the trial court to dismiss the charges, arguing the money-laundering statute was unconstitutionally vague if it were interpreted to apply to transactions involving something other than cash, including checks.

Mr. DeLay's associates, John Colyandro and Jim Ellis, actually argued that the Texas money-laundering statute is not triggered when the funds allegedly being laundered were in the form of checks. Seriously. And the 3rd Court of Appeals agreed with this absurd argument. In September 1, 2008, the ACR Blog observed that the State of Texas had convicted other defendants for money-laundering where the funds laundered were in the form of a check. The 3rd Court of Appeals appears to have reached an opinion as politically inspired as former Travis County DA Ronnie Earle's indictment of Mr. DeLay. Fortunately, the Court of Criminal Appeals (the "Supreme Court" of criminal cases in Texas) overruled that finding. This is good.

Mr. Delay is not a defendant in the Colyandro/Ellis case. But movement in the Colyandro/Ellis case means that there may be movement in the Delay case soon. Even though the ACR Blog believes that money laundering can involve checks, that doesn't mean we think that Mr. DeLay will be convicted on these state charges related to money laundering. In the very first post at the old place, I wrote, "The antics of Travis County DA Ronnie Earle are entirely political. (In fact, the acts of Ronnie Earle are quite disturbing because he is trying to criminalize political differences.)"

That said, the ACR Blog still believes that very real criminal acts were committed by Mr. DeLay in Washington, D.C. This blog continues to exist to monitor those developments. Over four years later, we're still patiently waiting for the Public Integrity Section to bring Mr. DeLay to justice.