The Orange Leader
Hardin County sheriff takes witness stand
By Mike Wheeler
Staff Reporter
SHERMAN - Suspended Orange County Sheriff James Wade's defense attorneys began their cross-examination today of Hardin County Sheriff H. R. "Mike" Holzapfel - the first government witness in the federal drug trafficking trial of the embattled Vidor resident.
On Tuesday, a U. S. assistant district attorney said in his opening statement that the sheriff is corrupt and was a "county sheriff acting in a way that was above the law."
Wade's attorney, though, said allegations made against Wade that the sheriff financed a drug traffficking scheme in Orange County using county funds was a "carefully woven story by some drugies."
Wade's trial began Monday in the Grayson County Courthouse. A jury - Three women and nine men - was seated Monday afternoon, jurors were sworn in Tuesday morning and attorneys presented opening statements.
U. S. Assistant District Attorney Paul Naman said Wade's trial "is a story of an FBI investigation" begun in October 1987 when federal witness and accused drug dealer, Donnie Flowers, told Holzapfel that he had operated a methamphetamine laboratory and sold the drug under the Auspices of Wade.
Flowers was arrested on Oct. 14, 1987, in north Hardin County during a drug raid by the Hardin County Sheriff's Department.
According to Holzapfel - who began his testimony Tuesday afternoon and was the first to testify for the prosecution - a number of items, allegedly later traced to Wade, were found in the possession of Flowers when Flowers was arrested.
Holzapfel, who said that at first he did not believe Flowers' accusations against Wade, testified that a briefcase belonging to Flowers and in his possession at the time of the arrest contained a deposit slip. for a special bank account in Wade's name. The Hardin County sheriff also said Flowers had a book in which were names and amount of money that authorities believe were records of narcotics deals.
Holzapfel said one entry in the book indicated that money had been paid regularly to someone referred to only as the "boss."
Naman said in his opening statement to the jury that Flowers had sometimes referred to Wade as the "boss" during Flowers statements made to FBI agents during the investigation.
"And," Naman said, "checking out Donnie Flowers' statements is what this case is all about."
Wade's attorney, Gary Richardson of Tulsa, Okla., said in his opening statement that alleged drug dealers' and informant's statements are "untrustworthy and very risky."
"The government's case," Richardson said, "boils down to what Donnie Flowers said."
"In (Wade's) zealousness to do something about the drug problem in Orange County, the sheriff overlooked the political side of his job," Richardson said. "He didn't adequately protect himself in working with drug informants."
Richardson claimed Wade had set himself up as a "dirty sheriff" in order to "get close to the king pin drug lords in Orange County."
Flowers, Richardson said, took advantage of and exploited his connection with wade when flowers was arrested in Hardin County.
"Flowers knew he was facing 15 years to life in prison and turned on Wade," Richardson said. "What Flowers did, he did to avoid imprisonment for his crimes and he's now on the government's payroll.
"Flowers was at the end of his row and is now working both sides of the street," Richardson said.
Holzapfel also testified Tuesday that Wade had requested that flowers be released on a personal recognizance bond after Flowers' arrest in Hardin County and said Wade had said then that flowers was an Orange County drug informant.
Holzapfel said Tuesday that he agreed to release Flowers on bond because he did not believe the accused drug dealer's accusations; but, after further investigation informed the Texas Rangers of Flowers' allegations against Wade.
The Hardin County sheriff said he and Texas Ranges later decided to give the information to the FBI.
U. S. District Judge Howell Cobb of Beaumont, who is presiding over the case, recessed court at 5 p.m. Tuesday.
Wade was charged May 2 in a 10-count federal indictment stemming from the FBI investigation into Flower's accusations against Wade. Wade Pleaded not guilty during his arraignment and made a formal plea of not guilty before the court Tuesday.
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