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June 12, 1987
Jury hears tape in which DA calls case “trash”
AUSTIN (UPI) – Jurors heard a taped conversation Thursday in which McLennan County District Attorney Vic Feazell described a federal indictment against him as “trash” and told a Waco attorney involved in the case to “hang in there.”
The conversation was between Feazell and attorney Dick Kettler, who repeated previous testimony that he paid Feazell bribes in exchange for dismissal of criminal charges against his clients.
Feazell is on trial for federal bribery, fraud and racketeering charges. The government contends he accepted $19,000 for a group of attorneys in exchange for preferential treatment of their clients, most of whom faced drunken driving charges.
A week after his September, 1986 indictment, Feazell told Kettler, “As long as everybody tells the truth, and if (the government) can’t find some crook to get up there and lie, I don’t see a problem.”
Kettler is testifying under immunity from prosecution for tax violations. At the government’s request, he agreed to tape his conversations with Feazell.
At the time the recordings were made, Kettler said Feazell “didn’t know I was going to cooperate (with the government). He thought I was still on his side.”
Feazell told Kettler in a telephone conversation, “the indictment looks like trash, Dick, we love you, Janet (his wife) and the kids. Hang in there, friend.”
Kettler testified that in another taped conversation, played before the jury Wednesday, Feazell “told me to act like (the bribes) never happened.”
Defense attorney Gary Richardson asked Kettler if Feazell ever asked him to lie.
“Yes sir, he did tell me to lie,” Kettler replied.
While Richardson was cross examining Kettler, he was reprimanded by U.S. District Judge James Nowlin for continuing to ask questions on subjects with which the witness had no knowledge.
“I’m going to say this for the last time,” Nowlin said. “If the witness doesn’t know about it, it’s against the rules to proceed. As an attorney you know that. I’m not going to tolerate it anymore.”
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