Daily News
June 12, 1987
Prosecution winding up Feazell case
By Garth Jones
Associated Press Writer
AUSTIN (AP) – A Waco attorney has testified that his law firm had a fee-splitting agreement with District Attorney Vic Feazell, although he never saw any money change hands.
In his third day on the witness stand Thursday, Dick Kettler said he and his partner, Don Hall, had an agreement to give the McLennan County district attorney one-third of the fees in cases where Feazell’s efforts resulted in a case dismissal or sentence reduction.
Kettler said Hall delivered the cash, but acknowledged he didn’t actually see Feazell take any money. Hall is to testify as the last government witness on Monday.
U.S. District Judge James Nowlin warned the jury before recessing Thursday that the trial might last more than another week. Feazell has denied the federal bribery charges against him.
Kettler repeated several times under cross examination that he and Hall had a fee-splitting agreement with Feazell.
“Yes sir, that is what happened,” Kettler said when challenged by defense attorney Gary Richardson.
Kettler testified earlier that he and Hall charged higher fees in cases that Feazell “handled.”
“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.
Kettler said he had a written agreement with the government to plead guilty to a felony charge of tax evasion but was not promised immunity.
“In other words, the worst that could happen is that you would have to plead guilty to one felony count,” said Richardson, “and the best thing that could happen is you would not have to plead guilty to anything.”
“That’s what I’m hoping for,” Kettler replied.
He has said the arrangement with Feazell ended in April 1985 when he heard there was an investigation into Feazell’s operations.
Feazell is accused 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 says the charges were initiated by the Department of Public Safety, which he says is seeking revenge because of his investigation into Henry Lee Lucas case, a confessed mass murderer. A number of confessions wee recanted, including two made in Waco.
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