Beaumont Enterprise
November 29, 1988
Cobb won't step down from Wade case
By Fred Tramel
Staff Writer
U. S. District Judge Howell Cobb Monday declined to remove himself from future court proceedings involving former Orange County Sheriff James Wade.
In October, Wade's attorney's filed motions alleging Cobb was prejudiced and had a personal bias against wade and was in favor of the former sheriff's conviction on federal drug charges.
Wade attorney Gary L. Richardson, in an affidavit filed with the motions, stated he had a private conversation with Cobb in the judge's chambers Sept. 19, tow days before jurors convicted Wade. Richardson said Cobb told him he hoped Wade would not be acquitted because Cobb's court reporter needed work. The court reporter stood to earn money transcribing trial transcripts.
In his written opinion Monday, Cobb said the comments in his chambers were made in a joking manner.
In addition, Cobb wrote, Wade's attorneys waited too long after the conversation before filing their motion, and were apparently waiting for the verdict. The attorneys filed the motion 30 days after the conversation.
Cobb also stated that defense attorneys failed to show he exhibited improper behavior that constituted bias and prejudice throughout the trial.
A nine-man, three-woman jury convicted Wade Sept.21 of nine federal charges including conspiracy to make and sell drugs and obstruction of justice.
Wade faces a maximum penalty of 115years in prison and $4.5 million in fines. Cobb has not set a sentencing date.
Richardson said Cobb's decision did not surprise him.
Assistant U. W. Attorney Paul Naman, delighted by the decision, said Cobb properly analyzed the law. He reaffirmed that Cobb's statement was nothing more than a joke.
During the proceedings Monday, Wade sat stoically except for an occasional smile and wink at a group of about 40 supporters who filled the courtroom.
The unwavering enthusiasm of his supporters was evident when U. S. marshals removed him from the courtroom during a recess. Several shouted, "We love you James," as the handcuffed former sheriff was escorted to another room.
Six supporters testified on Wade's behalf when Richardson asked Cobb to conduct a bond hearing. Richardson requested that a bond be set so Wade can be released pending further court hearings. Wade has remained in custody since his conviction.
Describing Wade as a good friend, several said they were prepared to offer property as collateral to back up a bond.
Joni Jai, chairman of the board of Global Heat Exchanger Inc. in Vidor, said she believes Wade "learned his lesson." Se said she would like to see Wade out of prison so "he can go on with his life in something other than law enforcement."
She said she is willing t offer Wade a job at her manufacturing company if he is released.
Mary Lee Austin of Vidor testified that she loaned Wade and his wife, Neva $35,000 to help with attorney fees before the trail began in Sherman. The Wades used their house in Vidor as collateral, she said.
Austin said she was forced to foreclose on the house because the Wades could not make the payments. She said she believes Neva Wade and her children are in the final stages of moving from the house.
Naman asked the defense witnesses how they could prevent Wade from obstructing justice if he is released.
"I feel that I could keep him busy in a job," Jai responded. "He should be with his family. I firmly believe he is not going to do anything. I only believe he is trying to put his life back together."
Naman requested more time to prepare his case against bond and to call in witnesses. Cobb agreed to continue the hearing when a date is set to hear other motions in the case.
Pending are hearings on motions for acquittal and a new trial. Cobb is expected to set the next hearing date within 10 days.
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