News
June 11, 1987
Witness says deals helped attorneys
AUSTIN (AP) – Waco attorney Dick Kettler says lawyers who made deals with McLennan County District Attorney Vic Feazell could charge higher fees for handling DWI and drug cases.
Kettler has testified the past two days for the government in the bribery trial of the 35-year-old Waco prosecutor.
Feazell, who is still district attorney, has denied the federal charges that he accepted bribes or illegal campaign contributions in exchange for his influence over criminal cases.
The trial is in its third week in U.S. district court and is expected to last at least a week longer.
Kettler testified Wednesday he and his law partner, Don Hall, prospered after they made an agreement with Feazell to “handle” certain cases for one-third of the legal fee.
“Our business seemed to continue to increase,” said Kettler.
Kettler said Wednesday he never actually saw Feazell receive any money but he and Hall talked frequently about amounts to give Feazell for help in certain cases.
Under questioning, Kettler said he had a written agreement with the government to plead guilty to a felony charge of tax evasion in return for his testimony. He said his attorney was still negotiating with U.S. attorneys over the punishment.
The jury heard an hour-long tape recording Wednesday made in Kettler’s office on Sept. 12, 1986, of a conversation between him and Feazell. The district attorney did not know the recording was being made. Most of the conversation concerned the grand jury investigation in Austin into Feazell’s office.
At one point in the tape, which was arranged by the FBI, Kettler told Feazell “I don’t know of anything they can connect you and us.”
He was asked what he meant by that. “At that time I did not know they had any records to connect Don Hall and me making payments to Feazell,” Kettler replied.
At another point in the tape, Feazell reminded Kettler that “you have the privilege.”
Kettler said this meant, “I didn’t have to divulge anything between me and my attorney.”
Kettler said when the agreement was made with Feazell the firm’s standard fee for handling DWI or drug cases was $200 to $300 if the client wanted to plead guilty or accept a probated term.
If there was a chance the DWI charge might be dismissed for lack of evidence or decreased to public intoxication, the fee would be $1,500 to $2,000, Kettler said. But after the agreement with Feazell, he sad, the fee in such cases was increased to $3,00 to $3,500.
“Feazell’s share was generally one-third,” Kettler said. “Hall would tell me how much money to get out of the office safe, and I would give that amount to him. I did not ever see Hall give the money to Feazell,” Kettler said.
Kettler said the arrangement ended in April 1985 when he heard there was an investigation into Feazell’s operations.
The indictment against Feazell accuses him of taking $19,000 in bribes from a circle of Waco attorneys in exchange for dismissing charges against their clients or reducing their punishments. A 10-count federal racketeering indictment charges him with mail fraud.
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