Morning Express & News
June 12, 1987
Attorney: Firm, DA divided fees
Associated Press
AUSTIN – Waco attorney Dick Kettler stood fast under cross examination Thursday on his testimony that his law firm had an agreement with McLennan County District Attorney Vic Feazell to split legal fees.
“Yes, sir, that is what happened,” Kettler said Thursday when challenged by defense attorney Gary Richardson.
However, Kettler admitted after questions by Richardson that he and his partner, Don Hall, has charged up to $3,000 for DWI and drug cases they were able to get dismissed before Feazell became district attorney.
“That’s true,” Kettler said, “we probably had cases like that before Feazell took office.”
Kettler testified for the third day as a government witness in the bribery trial of the 34-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.
One-third fee
Kettler testified earlier the firm charged higher fees for case dismissals after they made an agreement with Feazell to get one-third of fees on cases that Feazell “handled.”
Kettler said if the firm was unable to get a case dismissed or reduced to public intoxication, part of the fee was refunded.
Kettler repeated Thursday that he never actually saw Feazell given any money.
“Vic would come in our office, and he would go in Hall’s office and they would close the door.” Kettler said. “I knew that Hall had the money we had agreed to give Feazell.”
Kettler said he had heard Hall tell clients that he had an “in” with the district attorney’s office.
Under questioning, Kettler said he had a written agreement with the government to plead guilty to a felony charge of tax evasion on cash fees received that were never reported for income taxes.
Kettler has said the arrangement with Feazell ended in April 1985 when he heard there was an investigation into Feazell’s alleged 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 also charges him with mail fraud.
Feazell said the charges were initiated by the Department of Public Safety, which he said is seeking revenge because of his investigation into the Henry Lee Lucas case. Lucas confessed to several murders, including two in Waco, and later recanted, throwing doubt on several DPS investigations.
The trial is in its third week in U.S. district court and is expected to last at least a week longer.
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