FortBendIndependent070115

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email: editor@ĩindependent.com

VOL 8 No. 26

www.fbindependent.com ww .fbindependent.com

Phone: 281-980-6745

FORT BEND FAIR. BALANCED. INFORMATIVE. WEDNESDAY, JULY 1, 2015

P. O.BOX 623, SUGAR LAND, TX 77487-0623

Official newspaper of Fort Bend County, Missouri City & Sugar Land

Fourth of July Concert

FBSO musicians (L-R: Marilyn Conger, Coleman Locke, Aimee Norris) Fireworks, family, and the music director, is excited about patriotic marching songs, and music of America’s heritage all the season finale performance. FBSO brings you Liberty Bell add up to a rousing 4th of July “For our nation’s birthday, March, Colonel Bogey March FBSO will celebrate everything and Raiders March. celebration! Other selections for the eveThe Fort Bend Symphony is that makes our great country once again invited to perform exceptional! We will play ev- ning include Waltzing Cat, as part of the official City of erything from Sousa marches to Sandpaper Ballet, What’s Up at Stafford July 4th celebration at Gershwin’s American in Paris.” the Symphony? and the Armed The program also includes Forces Salute. the Stafford Centre. Just before On this night that we celthe fireworks light up the sky other American standards such at 9 p.m, the Symphony lights as You’re a Grand Ole Flag, ebrate our freedom, soloist Briup the evening with a patriotic Strike Up the Band, Stars and tany Lovett performs the Star showcase of American com- Stripes Forever and American Spangled Banner, accompanied Fantasia. It’s not Independence by FBSO. posers. The concert is free of charge. Dominique Røyem, FBSO’s Day without a complement of

Fort Bend County Clerk yet to decide on marriage license to same-sex couples

By BARBARA FULENWIDER Fort Bend County Clerk Laura Richard is awaiting legal advice before issuing marriage license to same-sex couples, follwing last week’s Supreme Court ruling which gave samesex couples the right to marry in all states. On Sunday, June 28, Texas Attorney General Ken Paxton issued a press release saying, “Texas must speak with one voice against this lawlessness, and act on multiple levels to further protect religious liberties for all Texans.” Paxton’s ‘yes but’ take on the issue was in regard to the religious beliefs of county clerks and their employees, justices of the peace and judges who might have religious objections that would keep them from being able to issue same-sex marriage licenses. Paxton also said, “Importantly, the strength of any particular religious accommodation claim depends on the particular facts of each case.” Even though Paxton knows

that a “federal district court judge in the Western District of Texas has enjoined the state from enforcing Texas laws that define marriage as exclusively a union between one man and one woman.” Paxton, in his press release said the U.S. Supreme Court “ignored the text and spirit of the Constitution in the rule of law, but did nothing to weaken our resolve to protect religious liberty and return to democratic self government in the face of judicial activists attempting to tell us how to live.” In regard to Paxton’s opinion and press release, County Clerk Laura Richard issued a press release regarding same-sex couples requesting marriage licenses in Fort Bend County. She said, “Based on the Texas attorney general’s Opinion No. KP-0025 that was issued Sunday, June 28, the county clerk is seeking legal counsel through our county attorney’s office. The county clerk has every intention to follow the law and will provide updates on the go

forward process when more information is available.” Earlier, Lt. Gov. Dan Patrick had requested Paxton’s opinion regarding the “rights of government officials involved with issuing same-sex marriage licenses and conducting samesex wedding ceremonies.” Paxton’s opinion to Patrick said that a licensed or ordained Christian minister or priest, a Jewish rabbi, an officer of a religious organization who is authorized by that organization to conduct a marriage ceremony, a supreme court justice and numerous types of judges included a retired judge or magistrate of a federal court in Texas are authorized to conduct marriage ceremonies. The attorney general said, “These individuals are permitted to perform any marriage ceremony, but nothing in Texas law requires them to do so.” He continued, “The only statutory restriction on their authority is that they are ‘prohibited from See MARRIAGE, Page 3

New Bus Service in Fort Bend County

Pictured from left to right: Tennille Jones, Fort Bend County Public Transportation, Deputy Director; Quynh-Anh T. McMahan, The George Foundation, Grant Officer; Grady Prestage, Commissioner Precinct 2; Jesse Torres, City of Richmond Commissioner; James Patterson, Commissioner Precinct 4; Richard Morrison, Commissioner Precinct 1; County Judge Bob Hebert; Terri Vela, Richmond City Manager; Alan Clark, Director of Transportation Planning Houston-Galveston Area Council; Regina Morales, Central Fort Bend Chamber, Executive Director; Rob Tobias, City of Richmond, Director-Economic Development; Robert Pechukas, Executive Assistant to Commissioner Precinct 3 Andy Meyers; Richard Stolleis, County Engineer. Story on Page 3.

State Bar files disciplinary petition against DA, prosecutor

By SESHADRI KUMAR The Supreme Court of Texas has appointed Jonathan M. Bailey, Judge of the 431st District Court in Denton County, to preside in the disciplinary actions styled Commission of Lawyer Discipline vs John F. Healey, Jr. and Mark Harold Hanna. The Commission for Lawyer Discipline filed a disciplinary petition in the 268th District Court in Fort Bend County on June 23. The commission, a committee of the State Bar of Texas, has found cause for disciplinary action against Fort Bend County DA John Healey and prosecutor Mark Hanna in a grievance filed by Jacob Estrada of Rosenberg on Sept 10, 2014. Estrada complained that Healey and Hanna failed to inform him in a timely manner, of the evidence that would have helped him negate the conviction, resulting in his early release. Estrada was charged with

possession of a controlled substance in a drug-free zone in December, 2006. After pleading guilty to the charge, Estrada was convicted in July, 2007 in the 400th District Court of Fort Bend County and sentenced to an eight-year prison term. A sample of the substance found in Estrada’s possession was tested by Jonathon Salvador, a forensic scientist employed by the Texas Department of Public Safety. On April 26,2012, manager of the DPS Houston crime lab, sent an email to Healey and Hanna that DPS “has discovered errors with the analysis of drug evidence conducted by one forensic scientist in Houston Regional Laboratory.” The e-mail indicated that the DPS had made the decision “to review his entire body of work since he began examining evidence in early 2006.” Estrada’s case was one of

those in the list. Despite Healey and Hanna receiving the e-mail and spreadsheet on April 26, 2012, and despite Hanna requesting on June 28, 2012 that the sample substance in Estrada’s case be retested, no notice was provided to Estrada of the situation involving Salvador until Hanna sent him a letter on March 14, 2013, the complaint said. Further, the letter did not disclose that the sample had already been destroyed. On Oct. 11, 2011, the judge in the 400th District Court had granted a motion to destroy the evidence in Estrada’s case. On June 28, 2012 Hanna sent a request to the DPS for retesting the evidence. The Richmond Police Department, due to procedural delays, destroyed the evidence many months later, on July 3, 2012. Jennifer A. Hasley, attorney, representing Healey and HanSee HEALEY, Page 3

Wesley Kocian named 2015 Exchangite of the year

Wesley Kocian received the “Exchangite of the Year” Award - in recognition of his outstanding contribution to the Exchange Club of Rosenberg at the recent Installation Celebration. Wesley Kocian joined the club as a Charter Member four years ago and has served on the board as Secretary before becoming President in 2013. He has volunteered for almost every project that the club has done and has been the top fundraiser several times. Some of the projects he has been involved in include; handing out flags at the Fort Bend County Fair and the Houston Livestock & Rodeo Show, helping to sell tickets for the Fort Bend Junior Service League’s Sugar Plum Market, gate-keeping at the Fort Bend County Fair, sorting at the Santa’s Store for the Fort Bend Women’s Center, participating in the club’s Pinwheel Field for Child Abuse Prevention Awareness Month. Kocian was also the top salesperson for the Exchange Club’s Cookie Fundraiser. “Wesley has been an outstanding representative for the Exchange Club of Rosenberg both in his leadership positions, and as a volunteer. He is always the

Wesley Kocian receives the Exchangite of the Year from President Amy Crane Americanism, first to raise his hand to help and Prevention, is full of ideas for the next proj- Youth and Community. Each ect. We are proud to be able to member of the Exchange Club recognize him and thank him for of Rosenberg has an intellectual his service to our community” disability, but they have shown commented Tracey Shaw, club over and over again they have many abilities and are living the mentor. Exchange is America’s Ser- mission of Exchange to inspire vice Club and supports four pro- communities to become better grams of service; Child Abuse places to live.


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