Wades Trial Continuing. . . .
Media upset at Exclusion From Some Court Testimony
August 18, 1988
By Rick Young
Staff Writer
Golden Triangle journalists covering the trial of suspended Orange County Sheriff James Wade have threatened to file a formal protest against Federal Judge Howell Cobb of Beaumont after the judge cleared one courtroom and, in essence, conducted a private trial for about 40 minutes Wednesday.
"He (Cobb) cleared the courtroom, then he allowed the jury back in," an observer said of the incident. "he let the jury hear testimony and evidence was presented for about 40 minutes without any of the spectators or the news media present."
The situation began evolving during cross-examination of Hardin County Sheriff H.R. "Mike" Holzapfel by Wade's attorneys Gary Richardson and Jeff Kearney.
Richardson began his jury at delivering the questions by establishing Holzapfel had extended "favored treatment," despite Holzapfel's denials, to then-Hardin County Deputy Newton Johnson.
Johnson worked on Holzapfel's staff before being hired by Wade as chief deputy for Orange County.
"I was sitting right there when James asked Mike if he had any recommendations for a Chief deputy," Wade family friend Betty Drake said earlier. "Mike leaned across me and said 'I have just the man for you. One of my best, Newton Johnson.' And, on that recommendation. James hired Newton," Mrs. Drake said.
Holzapfel testified under questioning that Johnson had received no special treatment while a Hardin county deputy. Responding to Richardson's queries, Holzapfel admitted that while employed by Hardin County, Johnson and his wife, Ida, lived on Holzapfel's land.
Holzapfel testified that Wade's allegation that he had set himself up to appear a "crooked" sheriff was "the dumbest thing I ever heard of." Holzapfel said that if he had ever attempted anything of that nature, he would have made sure that "God and everybody knew about it" in order to protect himself. Holzapfel testified that he felt the use of confidential informants - CIs - was bad police work and something he would not personally engage in. He said he had never used CIs in his own investigative work.
When Richardson asked if he knew the name "Robert 'Rusty" Wilkie," instead of answering the question, Holzapfel turned to Cobb and asked: "Judge, do I have to answer these questions?" At that point, Cobb cleared the courtroom.
It was learned several weeks ago by The Vidorian that Robert "Rusty" Wilkie, also known as "Teaspoon," was a prisoner in the Hardin County Jail during the time FBI witness Addie Guillory and Donnie Flowers were incarcerated there. Wilkie, who was recently released from the Texas Department of Correction, where he had served time on manufacture of methamphetamine charges, told investigators for Wade he had been place din a cell next to a specific prisoner in order to obtain information for Holzapfel, or act as the Hardin County sheriff's Personal CI.
Wilkie also told investigators details about the internal operations of the Hardin County facility, and of conversations he had had with Flowers and Guillory concerning the Wade case. Investigators met Wilkie through another informant who supplied detailed information about drug operations in Hardin County, including names, places, times and drugs involved in transactions. Wilkie's information, along with that of the female CI, was given in the presence of a staffer from the Vidorian.
Reporters at the Grayson County Courthouse, where the trial is being conducted due to construction in progress in the federal building, said they were given the impression that Cobb had cleared the courtroom because Holzapfel's testimony involving Wilkie may touch on a state trial involving a murder. This would confirm Wilkie's statements to investigators made earlier in the presence of The Vidorian. Wade's investigators, however, said they feel Wilkie's knowledge of drugs in Hardin County may have had something to do with the situation.
The female CI seen in the company of Wilkie phoned investigator Frank D. Miller Jr. expressing fear for her safety. She told Miller she had learned that someone had "put a contract" on her life and arranged to meet with Miller to give details. An interview was conducted, with a police officer as witness, and tape recorded.
Sunday, Aug. 7, the female CI was pronounced dead at the scene of an accident in Wharton County.
Questions have surfaced, according to a Justice of the Peace in that area, concerning the circumstances of the accident.
According to Orange County officers, this would be the third questionable-circumstances death of an informant in recent months.
Observers at the trial said they had never heard of Wilkie and had no idea what bearing he could have on the Wade trial. Speculation by reporters covering the trial about Wilkie having knowledge that he transmitted to Holzapfel concerning a pending murder trial could not be confirmed because of a gag order imposed by Cobb at the beginning of Wade's trial. Attempts to elicit comments from the judge were met with a terse "No comment."
One newspaper reporter in Sherman contacted the Texas Society of Professional Journalists, Sigma Delta Chi, with a report of Cobb's actions. That group's deputy director for freedom of information, Janet Warren, said Cobb's actions were "...shocking to my sensibilities of open government."
In earlier cases, the United States Supreme Court ruled that " the right to attend criminal trials is implicit in the guarantees of the First Amendment."
Journalists covering the trial in formed Cobb of their intent to file a protest with U. S. District Judge William Wayne Justice, the court's Eastern District chief, and ask him to investigate Cobb's actions. According to Associated Press report, Cobb's response was "Please do so."
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