Appeals Court Upholds Conviction of Harrelson on Two Counts

LIBERTY, December 25, 2004 - On October 22, 2003 Liberty County Treasurer Janet Harrelson was sentenced being found guilty on the four counts below.

Offense: Tampering With Governmental Record
Received a 2 year probated sentence and ordered to pay a $5,000 fine.

Offense: Tampering With Governmental Record
Received a 2 year probated sentence and ordered to pay a $5,000 fine.

Offense: Abuse Of Official Capacity
Ordered to pay restitution of $880.00 and sentenced to 60 days in jail (not probated)

Offense: Forgery Received a 5 year probated sentence and ordered to pay a $10,000 fine.

Harrelson appealed her convictions on all four charges.

The Court of Appeals, Ninth District of Texas in Beaumont, on December 22, 2004, rendered the following opinion in this case upholding Harrelson’s conviction for Forgery and One Charge of Tampering with Governmental Record.

The Court of Appeals overturned Harrelson’s convictions on the first count of Tampering with Governmental Record regarding the preparation of the first Bench Warrant prepared by Harrelson to bring her son Jeff Hale to Liberty County and Abuse of Official Capacity.

In the Appeals Court’s opinion, Harrelson’s attorney Richard Burroughs testified Harrelson prepared the application for the first bench warrant at his direction. Harrelson's preparation of the application does not alter its nature as an instrument filed by her attorney, albeit on her behalf. The entries in the application for the first bench warrant, true or false, were not Harrelson's, but her attorney's.

The Appeals Court overturned Harrelson’s conviction on charges of Abuse Of Official Capacity.

In the Appeals Court’s opinion, The indictment alleged that Harrelson, with intent to harm or defraud another, intentionally or knowingly misused government property, services, or a thing of value belonging to the government, which came into her custody or possession by virtue of her office or employment. Specifically, the indictment alleged that she used government money, more than $500 but less than $1,500, to pay for:

1. The housing of Jeffrey Paul Hale at the Liberty County Jail;

2. A portion of the salary paid by Liberty County to Odell McDuffie, Jr., John Wilbert Davis III; and Brian Bortz; and/or

3. The travel costs and/or expenses of: McDuffie and Davis traveling to and from the Mark Stiles Unit of TDCJ-ID; Davis traveling to Dayton, Texas, with Jeffrey Paul Hale and Harrelson; and/or Bortz traveling to return Jeffrey Paul Hale to TDCJ-ID.

The evidence in the record does not establish the salaries paid to McDuffie, Davis or Bortz varied, by any degree, because of the trips to Beaumont to bring Harrelson’s son, Jeff Hale to Liberty County. There is no showing their paychecks would not have been exactly the same had they been otherwise engaged. Therefore the second manner alleged cannot support the conviction.

The Appeals Court Review of the record reveals no evidence was admitted regarding travel costs. Accordingly, the third manner alleged cannot support the conviction.

Regarding the added expense to Liberty County of housing Hale, the Appeals Court reasoned that, Because Harrelson did not sign the check dated January 21, 2003, the monies paid by that check were not a thing of value which ever came into her custody or possession by virtue of her office or employment. Thus that payment cannot support the conviction.

The Appeals Court concluded there is no evidence to support Harrelson's conviction for Abuse of Official Capacity.

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