Bulletin article is factually incorrect....
Posted in the Brownwood Forum
Since: Feb 09
#1 Oct 1, 2010
In today's Brownwood Bulletin appears the following article...
"Special Prosecutor Rudy Taylor has refiled a case against Joe Cooksey to conform with a judge’s earlier ruling that quashed part of the case.
Trial is set for Oct. 25 in the Brown County Court-at-Law.
Cooksey, 54, is charged with the improper disclosure of a certified agenda or tape recording of a closed meeting. He is accused of illegally disclosing a tape recording of a closed county commissioners meeting on Feb. 3, 2009.
In July, 350th District Judge Thomas Wheeler, who has been assigned to the case, supported Cooksey’s earlier claim that the complaint against him did not disclose the “manner and means” by which Cooksey allegedly disclosed the tape recording.
Taylor refiled the case to allege that Cooksey attached a CD recording and transcribed copy to a petition he filed in court and on the Internet.
Wheeler is hearing the case because Brown County Court-at-Law Judge Frank Griffin recused himself."
The article is factually incorrect. Had Nash contacted me he could have gotten the article correct. Here are the facts supported by the record.
1. Taylor files case in November 2009.
2. I (through my Abilene attorney) file a "Motion to Quash" the charging document called the "Information".
3. Judge Wheeler (an active district court judge in Abilene assigned to hear the case) GRANTS the Motion to Quash the Information on the basis that I an entitled to the "manner and means" spelled out in the Information as to how I allegedly broke the law. The Bulletin reports on this action by the judge with Nash writing, "A district judge from Abilene who was assigned to the misdemeanor criminal case against Joe Cooksey has ruled partly for the defense and partly for the prosecution in Cooksey’s motion to quash the case." Such a statement is 100% inaccurate. If a defendant is granted a Motion to Quash it is ALWAYS 100% IN FAVOR OF THE DEFENDANT AND 100% NOT IN FAVOR OF THE PROSECUTOR. There is no such thing as a "Partial Motion to Quash". When granted by the judge a "quash" kills the prosecution's case. It's dead... completely. In order to revive the case and move forward the prosecutor has to refile the Information only.
4. Taylor refiles the Information or charging document in early August. Once again Rudy Taylor gets it wrong and I file another Motion to Quash the Information. The motion was based on the fact that the complaint alleges I committed "X" action that violated the law, but the Information alleges I committed "Y" action. Such a conflict is always fatal. What does Taylor do because he knows and admits he is dead in the water again BEFORE we even have a hearing before the judge to argue the motion and ask him to grant the quash? HE HAS J.P.WALTER CROFT SIGN ANOTHER ARREST WARRANT BEFORE he asks the judge to dismiss the case completely so he can start brand new in an attempt to get it right.
I have now been arrested TWICE for the same alleged offense... same exact circumstances... the whole nine yards.
ANYONE WANT TO BUY SOME CIRCUS PEANUTS???
Rudy Taylor was getting BEAT like Brownwood whipped All Saints last night. He blows the whistle... STOPS the GAME he began... and wants to start over from the first quarter, first play.
ANYONE WANT TO BUY SOME CIRCUS PEANUTS?... wait, I already said that.
Those are the FACTS. Had Nash called me he could have gotten the article right.
#2 Oct 1, 2010
You sure love attention !
#3 Oct 3, 2010
I bet Cooksey gets off this charge. He didn't disclose the tape, the government official responsible for the tape is guilty of the disclosure. Who is that?
#4 Oct 3, 2010
Ditto! We can start with Margaret Wood.
#5 Oct 10, 2010
I have never supported Cooksey but this case is ridiculous. Retaliation, pure and simple. I hope justice is done and he is found not guilty.
#6 Oct 17, 2010
I believe being arrested twice for the same charge is called double jeopardy, and it is illegal in the fine state of Texas. You have my support Joe, good luck slaying the dragon.
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