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GEORGETOWNADVOCATE
JUNE 16, 2016
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Criminal Complaint Filed Against WilCo D.A.
by Ann Marie Ludlow
A separate criminal complaint has been filed against embattled Williamson County District Attorney Jana Duty. According to businessman Jim Schwertner, the criminal complaint was made with the Texas Rangers on June 14. “I have also referred the evidence to the Texas Rangers for review and possible criminal investigation,” Schwertner says. The criminal complaint stems from facts evident in a civil suit filed June 13 and affirmed by Duty’s own admission of guilt to the State Bar of Texas, which recently probated an 18-month suspension of her law license. Texas Law requires Duty to personally pay all legal fees for her defense in both complaints.
Criminal Charges
In August 2015, Duty was found guilty on four charges of Criminal Contempt, waived her right to appeal and served a ten-day sentence in the Williamson County jail. New criminal charges could stem from the September 2015 Findings of Fact (#9598) in State of Texas v. Harmel, which explains how her actions were illegal and resulted in the mistrial: Tex. Penal Code §39.02 Abuse of Capacity, Tex. Penal Code §39.03 Official Oppression, Tex.
Penal Code §37.02 Aggravated Perjury, and Tex. Penal Code §37.09 Tampering with Physical Evidence. The first two are Class A misdemeanors carrying a $4000 fine and/or one year in jail. Tampering with Physical Evidence and Aggravated Perjury are third-degree felonies punishable by two to ten years in jail and may incur a maximum fine of $10,000.
About 30 Williamson County residents joined several elected officials to stand with and behind businessman Jim Schwertner for a press conference June 8, calling for the District Attorney’s (inset) resignation “by sundown, Friday” [June 10].
Civil Petition
A civil suit was filed June 13 by attorney Brian Bishop to remove Duty legally from office before her term ends December 31. The lawsuit is based on multiple judgments and orders from Williamson County District Courts and the State Bar of Texas, which found that Duty withheld evidence in a capital murder trial, has acted dishonestly, been untruthful to Williamson County judges and defense counsel, and violated court orders. The civil findings include a criminal contempt conviction for violating a District Court order. The civil case is assigned to the 425th District Court and will heard by retired Travis County Judge John Dietz. Prior to both filings, Schwertner held a press conference and called for Duty to voluntarily step down “before sundown,
Friday [June 10].” His statements, as a taxpayer and a crime victim, referenced her previous censure by the State Bar of Texas, conviction for criminal contempt and subsequent jail sentence. Schwertner responded, to press inquiries, that her absence from work, while being paid an annual salary of $152,000 by taxpayer dollars, is also an illegal action. The civil complaint cites her “dereliction and abandonment of her responsibilities as District Attorney.” The suit states, “On information and belief, Duty rarely comes into her office, performs any work, or contributes any expertise, services, or time to the office.” Justice of the Peace Pct. 3, Bill Gravell, See Schwertner, cont. p3
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