Courier-Times Telegraph
May 27, 1987
Feazell’s Defense Disallowed
AUSTIN (UPI) – Claims that criminal charges against Waco District Attorney Vic Feazell were prompted by vengeful law enforcement agencies may not be used in his defense, a federal judge has ruled.
Meanwhile, 12 jurors and three alternates were seated Tuesday, the first day of Feazell’s trial on charges of bribery, mail fraud and racketeering.
Federal prosecutors said they expect the trial to last three to four weeks.
Asked about the quick jury selection, U.S. District Judge James Nowlin said, “I thought it was slow, but it was about normal for a criminal jury.”
The indictment, Feazell claims, is a retaliatory measure by the Texas Rangers and the Texas Department of Public Safety.
The McLennan County prosecutor directed a grand jury investigation into the agencies’ handling of the murder confessions of alleged mass murder Henry Lee Lucas.
But Nowlin told Feazell’s attorney, Gary Richardson, that to make the Lucas matter an element of the defense, he would have to “show me there’s any relevance” to charges in the indictment.
“You think that’s a legal defense? Retaliation?” Nowlin asked.
“Yes, I do.” Richardson answered.
“My concern is what relevance is this Lucas matter,” Nowlin said. “Generally speaking, to bring out the Lucas matter as a defense is irrelevant… It is not a defense to the charges of the indictment, per se.”
The indictment alleges that Feazell received kickbacks in return for fixing drunken driving cases. The government also alleges that Feazell instructed attorneys to increase their fees for the purpose of kickbacks.
Nowlin also disallowed Richardson’s request to permit Feazell’s election returns into evidence. Feazell, a former Baptist minister, was re-elected with 53 percent of the vote last year shortly after he was indicted.
“As a general proposition, the election returns are not relevant,” Nowlin said.
If convicted, Feazell could face up to 90 years in prison and fines of $560,000.
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