Wade Attorneys file for acquittal, say judge biased
By Teresa Stepzinski
Staff writer
Defense attorneys for former Orange County Sheriff James Wade filed a motion Wednesday seeking an acquittal or new trial for the convicted lawman, alleging U. S. District Judge Howell Cobb did not give Wade a fair and impartial trial.
Attorneys Gary Richardson and Jeff Kearney also filed a separate motion seeking to disqualify Cobb from presiding over future proceedings in Wade's Case. In another motion, they asked for Wade to be released from
jail pending his sentencing.
In their first motion, the defense attorneys requested a court judgment of acquittal for Wade, alleging there was insufficient evidence and that federal prosecutors failed to prove beyond a reasonable doubt that Wade was guilty. The motion states that If Wade is not acquitted, then he should receive a new trial.
Cobb could not be reached for comment about the accusations Wednesday. Judicial ethics forbid judges from commenting about pending cases.
Wade, 43, of Vidor, remains in Grayson County Jail in Sherman awaiting sentencing after a nine-man, three-woman jury convicted him Sept. 21 of nine federal charges including conspiracy to make and sell drugs and obstruction of justice.
Wade faces a maximum penalty of 115 years in prison and $4.5 million in fines. Cobb has not set a sentencing date for the former sheriff.
Assistant U. S. Attorney Paul Naman said the judge acted fairly throughout the six-week trial.
"They alleged that the judge was biased, but there is nothing in the (court) 
record that will support that," Naman said "judge Cobb conducted a long and arduous trial with fairness and impartiality. There was no showing of bias or prejudice.... I think they realized they had no grounds to base their motion for a new trial so they decided to go after the judge."
Naman, citing the numerous witnesses and documents presented by federal prosecutors during the trial, said the government proved its case against Wade.
"The prosecution put on witness after witness that showed that James Wade was guilty," Naman said. "This is just a standard motion by the defense. There are no grounds for a new trial or an acquittal."
In the request for a new trial, Richardson and Kearney alleged Cobb is prejudiced or has a personal bias against Wade and was in favor of the former sheriff's conviction.
Richardson, in a sworn affidavit attached to the motion, cited an alleged private conversation he had with Cobb in the judge's chambers in Sherman on Sept. 19 - - Two days before jurors convicted Wade.
Richardson alleged that Cobb made remarks indicating he hoped Wade would not be acquitted and then insisted that Richardson not tell anyone about their conversation, according to the affidavit.
The defense attorneys alleged that Cobb's "prejudice" and "bias" against Wade "is reflected in his actions and errors" in the trial and that it prevented and impeded Cobb's ability to preside impartially.
They also alleged in the motion that Cobb's Questioning of witnesses in front of the jury was "an attempt t bolster the government's case (against Wade) and highlight evidence favorable to the government."
In the motion asking Cobb to disqualify himself, the defense attorneys alleged the judge's "impartiality might reasonably be questioned."
Court authorities said Wednesday that Cobb has the authority to rule on the motion to disqualify himself and is not required to refer the recusal issue to another judge for a decision.
The motion to release Wade from jail pending his sentenc9ing states a defendant "is entitled to release if the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of another person or the community."
Jurors deliberated more than three hours before finding Wade guilty of nine counts of a 10-count federal indictment brought against him May 2.
The guilty verdicts include charges of conspiracy to make and sell methamphetamine - commonly known as speed - and distribution of methamphetamine, cocaine and marijuana.
The jury found Wade innocent of a charge of embezzling more than $5,000 from the county's drug investigation fund.
He was sheriff from Jan. 1, 1985, until July 11 when a state district judge removed him from office.
Wade's trial was moved out of the Golden Triangle to Sherman on a change of venue because of extensive publicity.
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