Cobb Stays on Case
By Rick Young
Staff Writer
A courtroom filled with long-time supporters of convicted Orange County Sheriff James Wade was disappointed "but not surprised" when the first of two of four defense motions were denied Monday.
Eastern District Judge Howell Cobb heard tow motions filed by defense attorneys Gary Richardson and Jeff Kearney that called for Cobb's removal from further actions in the Wade case because of what the defense called "bias and prejudice" on the part of the trial judge. The Defense motions, filed Oct. 19, were based on a statement Richardson alleged Cobb made while in the judge's chambers after the Sherman trial had concluded and while awaiting the typing of the jury charge. In an affidavit filed by the defense, Richardson said Cobb had said the judge hoped Wade would be found guilty because his court reporter needed the extra work that would be required if appeals were filed.
Richardson and Kearney filed their motions under two different federal statues regarding bias and prejudice of trial judges. Under the law, the defense is not required to prove the judge was actually biased, but only that by viewing the evidence presented in their petition a "reasonable person" would believe that there was a possibility of bias present.
A government reply to the motion, prepared and filed by prosecutor Paul E. Naman, labeled Cobb's comments as "jocular," or joking, statements, which the government claimed represented no bias on the part of the judge. The defense Motion cited six incidents during the trial they claimed represented further proof of the judge's prejudice against their client.
During presentation of arguments in the hearing, Richardson reminded the judge that he had, during the trial, on two separate occasions asked that notes be made in the trial record of Cobb's actions indication the judge's prejudice in the presence of the jury. Richardson repeated a statement he made in Sherman that in 17 years of legal practice he had never seen a trial judge so obviously prejudiced against a defendant.
"Everyone is entitled to an opinion, granted," Kearney told Cobb, "but you stated in your opinion that you wanted to see this man (Wade) convicted not acquitted."
The defense position that was repeated on several occasions was that Cobb should not consider disqualifying himself from past activities, but from future actions. The defense effort was to place an appeal motion for a new trial before a judge they feel is not prejudiced against Wade. Another motion, asking directed verdict of acquittal, is also pending before the court.
"He (Cobb) will deny this," Nelle Quimby, a long-time Wade supporter and campaign treasurer for both of Wade's election campaigns, said. "We can cross our fingers and hope, but Cobb is determined to keep James in Jail."
Cobb heard the defense argue that two requests by the judge that Richardson not tell anyone of hid verbally expressed hope that the jury would bring back a guilty verdict was not in their opinion. "jocular" comment.
"There is no question that the comment was not made in a joking manner," Kearney told the court.
Naman, repeating the government's written response to the original motions, questioned the timeliness of the defense's actions, saying that if they had actually felt the judge was biased when the statement was made Sept. 19, they should have taken immediate action. Instead, Naman pointed out, the Defense waited a full month before filing their complaint.
The Government argued that Cobb's comment was "a matter of interpretation. I don't see anything that demonstrates bias, but maybe that's just me," Robert Meehan said. Meehan is a member of the Houston United States Attorney's office who was brought in to help Beaumont prosecutors Naman and Stuart Platt in Wade's prosecution.
Meehan said defense efforts to establish the trial judge was prejudiced in the case was a matter of "warping it around to indicate bias. That doesn't wash at all," he said. "But maybe that's why we have lawsuits."
Both sides rested their presentations at 11:11 a.m., with Cobb saying he would announce his decision at 2 p.m.
Spectators agreed outside the courtroom that while the defense attorneys presentation appeared reasonable enough to them, they had little or no hope that Cobb would disqualify himself.
"The people in Orange County that started all this don't want to see James out of jail, and Cobb isn't going to let him out," Betty Drake said.
When court reconvened at 2:05 p.m., Cobb did not disappoint the observers, taking less than a minute to deny both motions to remove himself.
As soon as Cobb established, by his refusal to disqualify himself, that he would hear the remaining defense motions, Richardson immediately requested the court move to the next matter, release for Wade pending sentencing.
Naman answered Richardson's request for an immediate hearing by saying the government would "need a couple of days" to prepare. Cobb agreed that Richardson could not present his side's arguments, but that the government would be given time to prepare their reply. Observers cried foul during the first recess pointing to Cobb's repeated refusal to grant the defense time to prepare for trial wile agreeing to a government request for additional time without question.
Richardson used the recess period to ask the observers if anyone would be willing and able to pledge up to $200,000 in cash or property to guarantee Wade's future court appearances, should Cobb agree to bond. Drake, of Orange, Joni Jai, of Rose City and James Bond, of Vidor, immediately stepped forward, along with character witnesses A. J. Stevenson, Jeff Bailey and R. L. "Buck" Jones.
Defense questioning asked each of those volunteering to guarantee Wade's bond how long they had known the Wade family, if they felt Wade could be trusted to appear at future court dates and if they had contributed to Wade's defense in the past.
Mrs. Drake after listing a number of references that established her as a leader in a number of volunteer activities, told the court she and her husband Earl had contributed more than $17,000 to Wade's defense in the past and they felt it was a good investment because of their continuing belief in Wade's innocence, despite the verdict of the Sherman jury.
The government's Questioning for each of the six defense witnesses focused on the potential for obstruction of justice by Wade if he should be released pending sentencing. Questioning by both Naman and Platt repeatedly referred to former Orange County deputy Don Duhon, a key witness against Wade, and his alleged relationship with Wade.
Witness James Bond, who owns Bar-B Western Wear and James Bond Bail Bonding Company in Vidor, when asked the government's repeated question to witnesses as to whether they respected the Sherman jury's decision, was to the point:
"I don't believe any testimony by druggies," Bond told the government attorneys, referring to key witnesses presented during the trial.
Jai told the court she would not only pledge property to assure Wade's bail if he was released, but that she would also employ him "to keep him busy and give him a chance to add some meaning to his life."
Cobb, after hearing the defense portion of the presentation, said he would schedule the government's reply sometime within the next 10 days.
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