Judge allows only one tape recording
September 7, 1988
by Mike Wheeler
Staff Reporter
SHERMAN - U. S. district Judge Howell Cobb Tuesday allowed only one of three tape recordings presented by the government attorneys to be entered as evidence in the trial of suspended Orange County Sheriff James W. Wade.
A sheriff's department Captain Testified Tuesday he was told three years ago by an informant that Wade was involved in a drug trafficking operation and said he recorded the conversation.
Orange County Sheriff's Department Capt. James Collins testified that, after receiving an anonymous telephone call in the summer of 1985 asking for a secret meeting, he and another deputy met with the caller, later identified as Hiram Lewis Marks, at a rest area on Interstate 10.
"Marks was scared and said he wanted to get out," Collins said. "Marks told us , whatever we did, not to tell Wade about what he was going to say."
Collins testified that the informant told the deputies about seeing Wade give accused drug dealer Donnie Flowers methamphetamine laboratory equipment and of seeing Flowers give the sheriff money, all in connection with what Marks said was a drug trafficking scheme involving the sheriff.
"Marks also told us that Sheriff Wade had threatened (Marks) if he did not continue working with Flowers (in the alleged drug scheme)," Collins said.
Collins said he kept the tape recording of the conversation a secret "in case Marks intended to set me up."
Collins said he never informed Wade about making the recording, but said the sheriff was aware of the meeting when the deputies returned to the Orange County Sheriff's Department.
"When we got back (to the sheriff's department), Sheriff Wade said he wanted to know all about the meeting," Collins said. "So, I told him."
Collins said Wade only laughed and the sheriff said, "I only wish I had all the money people say I've taken."
Collins said only three people, including Sheriff's Capt. Larry Franklin, Collins and the other deputy, were aware of the secret meeting with Marks before the deputies met with the informant.
Collins turned the tape over to the FBI during its investigation earlier this year into Wade's alleged involvement in the drug scheme, but Cobb, who is presiding over Wade's trial, Tuesday denied the Government's introduction of the tape into evidence.
"Most of the tape recording is inaudible," Cobb said.
Cobb also denied the introduction of another tape recording an FBI agent said Tuesday was seized on Jan. 15 in a search of accused drug dealer Nyle Henry Bakers' home in Vidor.
FBI Special Agent Zechariah Shelton, in testimony Tuesday, said the tape contains a conversation between baker and Wade about an electric generator Baker reputedly lent to Flowers for use in the alleged drug operation.
Shelton also said Wade tells Baker on the tape to warn Flowers that Orange County narcotics agents are "hot after" Flowers.
Cobb said he denied that the tape be introduced as evidence because there is no established time (of the recording) and Flowers is not Positively identified as the subject of the conversation.
Cobb, however, did allow the government to introduce a third tape recording between baker and Wade concerning the transfer of Baker's parole from Harris County to Orange County, and allowed the tape to be played in open court.
The third tape also was seized at Baker's home, Shelton said.
In the brief portion of the conversation from the tape played to the jury Tuesday, Wade told baker, "I'll take care of this; I'll do what I can. I know Glen Walker personally.
Walker, Baker's former parole officer in Orange County, testified earlier in Wade's trial that the sheriff had been instrumental in getting Baker's parole tranferred.
Flowers, in earlier testimony in the trial, said the sheriff had Baker's parole transferred in order that baker might assist in "cooking" methamphetamine.
Flowers was arrested in Hardin County drug raid in October 1987 and told FBI agents then that Wade financed and equipped the drug scheme.
Under cross examination by Wade's attorney, Jeff Kearney, Shelton did say that the tape also contains conversations between Banker and 260th District Judge Buddie Hahn of Orange, Hardin County Sheriff H. R. "Mike" Holzapfel and Walker, all concerning Baker's parole transfer.
In other development Tuesday, Jefferson county Regional Crime Laboratory Manager Bill McClain was re-called as a witness.
McClain previously testified to drug evidence brought to the crime lab by Wade and said that amounts of submitted evidence were less when analyzed for the FBI this year than when the sheriff originally submitted the drugs.
Tuesday, McClain said marijuana submitted in July 1986 by then-Deputy Thomas Morgan contained pieces of burned paper that, when tested proved to be pieces of reports from previous laboratory analysis at Jefferson County crime lab.
"That concerned me greatly," McClain said Tuesday. But McClain said he never received a response from Wade after informing the sheriff of the laboratory findings, and said he never knew if any action was ever taken.
FBI Special Agent Norman Townsend testified that, at the request of Wade's attorneys, the FBI had made an inventory of the contents of the sheriff's office in Orange on Aug. 18-19.
Townsend said, besides a large number of records, a large bottle of pills was found in Wade's desk d4rawer and seized by agents.
Although Townsend said he believed Wade's office had been locked and sealed from entry since the sheriff's indictment May 2, Wade's attorneys contended that, on at least three occasions, Wade's office has been entered.
As evidence, Kearney introduced a May 3 edition of The Orange Leader found in Wade's office during the FBI inventory made only three weeks ago.
Jurors Tuesday also viewed the testimony of Judy Morrison, which was videotaped last Friday in Beaumont.
Morrison, unable to travel to Sherman to testify because of her overdue pregnancy, said she witnessed a delivery of methamphetamine she claimed was under Wade's direction to the Beaumont home Jon Reaud.
Reaud, in a pre-trial hearing held several months ago, testified that he received methamphetamine from Wade, and Flowers has testified that he delivered the drug to Reaud.
Wade was indicted on May 2 on drug trafficking, embezzlement and obstructing justice charges. The sheriff was suspended from office without pay on July 11.
Baker was charged with one count of conspiracy to manufacture and distribute a controlled substance in connectio with the alleged drug operation.
Flowers, Addie Guillory and Bobbie Rogers were named in the indictment as co-conspirators, but were not charged.
Wade's trial began Aug. 15 in Sherman and entered its fourth week Tuesday.
Testimony from government witnesses continued today at 9 a.m.
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