Big Jolly Politics

politics in Harris County and Texas

DA Kim Ogg recuses herself on complaint against Mayor Sylvester Turner

by

This is not good news. From the InBox:

FOR IMMEDIATE RELEASE

MAY 3, 2018

 

DA RECUSES HERSELF ON TURNER COMPLAINT, BUT WHY?

 

The Harris County District Attorney has filed a sealed court motion to recuse her office from further investigation into a Dolcefino Consulting criminal complaint filed against Mayor Turner for hiding e-mails.

Judge David Mendoza, the ethics counsel for Kim Ogg informed us of the decision Thursday.

The reason: Dolcefino Consulting served as Communications Advisors to Ogg in her campaign for District Attorney.

“One of the reasons I wanted to help Ms. Ogg become District Attorney was because of her promise to me to be aggressive on issues of public integrity.  If I had known then she would seek to recuse herself from investigations involving my firm I would have told her no,” says Wayne Dolcefino, President of Dolcefino Consulting. “I find it odd that when my office complained on a powerful Democratic politician our Democratic DA got a sudden case of conflict of interest.”

Dolcefino Consulting accused Turner of hiding e-mails with Maya Ford, a virtual goddaughter to Turner, and the beneficiary of consulting contracts since Turner took office.  Ogg’s office has been sitting on the complaint for 5 months, and there is no evidence they’ve even asked City Hall to show them the e-mails.

“In my view, the District Attorney is already in violation of the law too, since it required them to respond within a month to our complaint,” says Dolcefino.  “Houstonians should be asking some tough questions about public integrity in this town.”

Judge Mendoza says the Turner case also became intertwined with the prosecution of Cypress Creek EMS for violating state charity laws.  The Northwest Harris County Ambulance company faces criminal charges stemming from a complaint from Dolcefino Consulting after refusing to turn over payroll records for 911 employees. Ogg has now asked for a special prosecutor to take over that case, even though it has been ongoing since she became District Attorney fifteen months ago.

The FBI is probing possible fraud in the 911 service in ESD #11 and employees of CCEMS recently testified in front of a grand jury.

“It is no secret my office has been highly critical of Ms. Ogg’s alleged office of Public Integrity,” says Dolcefino.  “Kim Ogg has now been District Attorney for fifteen months.”

Records obtained by Dolcefino Consulting show Ogg’s office waited five months to tell the Houston Independent School District after we formally complained some Democratic school board members were hiding phone records. By the time HISD turned over the records, the phone records we wanted had been discarded. The DA let them get away with it.

Early this year Ogg’s office falsely claimed our complaint about Democratic HCC Board Member Adriana Tamez was unfounded. Dolcefino Consulting turned over hours of video surveillance and utility records proving Tamez did not live in the District she was elected to represent. The Public Integrity Unit claimed they did a thorough investigation, but refused to turn over records showing the public what they did or didn’t do.

“Our District Attorney has the authority to initiate investigations without a formal complaint, but those are their rules. Now, when my Investigative Communications Firm complains, they play games, and now want to hand off the hot potatoes,” says Dolcefino. “In this town, a growing number of people are hiring us to help get them justice. Ms. Ogg could have chosen to help us clean up the town, but she isn’t.”

Wayne Dolcefino Involved in a Car Accident

by

Yesterday, my friend, Wayne Dolcefino, was involved in a traffic accident on his way to meet with journalists in San Angelo. The accident was a head on collision resulting in Wayne being flown to a trauma center in San Antonio overnight.

Dolcefino Consulting has released information regarding the accident in two press releases that follow. Big Jolly Politics is praying for Wayne D’s swift recovery.

We can confirm Wayne Dolcefino has been involved in a car accident near San Angelo.

He was traveling for his Investigative Consulting Firm. At this time, we know he survived the crash but suffered some injuries. We are unclear as to the extent of those injuries, however we were told he is awake and talking.

His family is asking for privacy while they deal with this situation.

We are coordinating information thorough Dolcefino Consulting and will continue to release information as it becomes available.

UPDATE
Wayne’s family wishes to express their heartfelt appreciation at the outpouring of concern and support as well as offers of assistance at this time. Our office has been taking calls and emails all day from members of the media, family friends and former co-workers with prayers and get well messages.

Those who wish to send flowers, may send them to the office, and we will make sure his family receives them.

We will continue to provide updates on Wayne’s condition as they become available.

Ahoy Sylvester Turner

by

bill-king-friends-on-hard-times1

Bill King is a sailor. While I have never sailed with him, I am pretty sure that he has always returned to the dock with all his crew and passengers.

On the other hand, Sylvester Turner’s client “disappeared” in Galveston Bay and was later found in a Spanish prison…after the insurance paid on the life insurance claim. During Sylvester’s first campaign for Houston mayor in 1991, Wayne Dolcefino found him living in a house with Dwight Thomas (since the home Turner owned with his wife was outside the city). Dwight had introduced Sylvester to a man named Sylvester Foster – a “male model” and “hairdresser.” Turner prepared a will for Foster who then went missing from a boat in Galveston Bay and then worked to probate the will and have Foster declared dead in order to collect the life insurance funds. It is a story of insurance fraud but more importantly it is a story of character. Read on.

During his second race for mayor in 2003, Sylvester Turner taught Dave Wilson a trick or two. In 2003, Doris Hubbard, a campaign consultant for Sylvester’s 1991 failed bid for mayor, paid Brenda Flores to recruit a black Bill White to run against the white Bill White. An Acres Homes political organizer paid a white, rabble-rousing democratic political operative to recruit a guy with the same name to mislead and confuse voters so the black liberal dude could win his second mayoral bid. Would the white Bill White have a claim under the Sylvester Turner supported HERO ordinance? I love this stuff. It does not end here.

As you know, Bob Lanier beat Sylvester Turner in the 1991 mayor’s race. On Lanier’s inauguration day, Turner’s wife, Cheryl Gillum Turner, filed for divorce. On April 19, 1994, Cheryl Turner, a ten year veteran of the Harris County District Attorney’s Office, was deposed in Sylvester’s lawsuit against Wayne Dolcefino and Channel 13. During the divorce, Ms. Turner, an experienced attorney, signed an affidavit recounting Sylvester’s trysts (which she now recants). Sylvester has made his ex-wife an issue as he brought her out to refute the allegations made in her own affidavit and deposition.

On May 19, 2005, Cheryl Turner was indicted by a Harris County Grand Jury for misapplication of fiduciary property – or stealing between $100,000 and $200,000 of client funds. After a year and a half of court appearances, on September 9, 2006, Cheryl Turner pled guilty to the second degree felony and was sentenced to ten years in prison. A few months later, Turner was released and placed on a ten year probation (to end in January 2017) with a condition that Turner pay $63,000 in restitution to the complainant. On December 15, 2005, the Texas Supreme Court accepted Turner’s resignation from the State Bar of Texas. That order lists nine complainants and over $180,000 in stolen funds.

In May 2012, Turner’s attorney filed a motion asking the court to subtract $30,000 paid to the complainant in the criminal case by the State Bar of Texas.

$63,000

-$30,000 (State Bar of Texas)

                         

$33,000

-$14,859 (approximate restitution paid by Turner from January 2006 – May 2012)

                         

$18,141 (restitution owed)

A few months later, in December 2012, Marc Brown signed an order terminating Turner’s probation – four years early. Why was Turner’s restitution reduced by money paid by the State Bar of Texas? Was Turner able to pay $18,141 from May – December 2012? Was the probation terminated before Turner paid all the restitution owed? Was Turner treated differently than other thieves?

Over the years, Sylvester Turner has closely aligned himself with special interest groups including public employee unions. We know that the police and fire unions endorsed Sylvester Turner for mayor even before this election season began. This should furrow your brow.Clifford Costello

Good citizens of the city should also question Turner’s alignment with people like Stephen “king of conflicts” Costello and Cindy Clifford. Following the general election, Costello was quick to endorse Sylvester: “Sylvester and I agree that ReBuild Houston [READ: RAIN TAX] is a good baseline infrastructure program that can and must be improved to meet the needs and expectations of Houstonians.” I was not surprised to hear Costello continue to support his rain tax. The remainder of Costello’s statement should cause Houstonians great alarm: “Sylvester Turner is the best candidate to connect all of Houston through multi-modal transportation, and I look forward to working with him on critical transportation issues like commuter rail.” I fully expect Turner, if elected, to appoint Costello as the Chair of METRO. In a time when our city is in dire financial straits, the father of our rain tax needs to quickly exit stage left. The connection between Turner and Costello should cause Houstonians to run to the polls for Bill King.

Parker and Clifford
Parker and Clifford

Turner is also very close to Cindy Clifford – a “lobbyist” and “strategic marketing specialist.” Recent stories have questioned Clifford’s failed adherence to the city’s procurement and lobbying rules. After Clifford’s client received the latest airport contract earlier this year, Clifford received a citation for shoving a fellow lobbyist at City Hall. There is a reason why Clifford’s Twitter feed is filled with Turner stories. She and her buddies (like Annise Parker) are scared to death that Bill King could come in and make the city’s politics honest.

This is one of the most important city elections of my lifetime. When you think about the upcoming race, think about the massive cronyism machine that will be cranking down at City Hall with a Turner administration. Sylvester Turner as mayor could mean the death of a once great city. The very people who have bankrupted the city are desperate to get Turner elected. If Turner is elected, there is only one thing to do – abandon ship!

When will Fort Bend County turn over records related to their Linebarger contract?

by

Wayne Dolcefino has called for Houston Mayoral candidates Bill King and Sylvester Turner to spill the beans about their dealings with Linebarger, Goggan, Blair, & Sampson LLP. Wayne Dolcefino called upon the Houston media to look into Linebarger sub-contractor payments to Houston-area lawmakers such as the $370,000 in taxpayer money Sylvester Turner’s law firm received as part of Houston ISD’s contract with Linebarger, Goggan, Blair & Sampson, LLP.

So why is the Fort Bend County Attorney’s office almost two months late in providing documents or a response to an open records request for documents about the County’s contract with Linebarger, Goggan, Blair & Sampson, LLP.?

The Fort Bend County Attorney’s office received a written open records request email dated August 31, 2015 seeking documents detailing any subcontractor payments from the Fort Bend County tax collection contract with Linebarger, Goggan, Blair and Sampson, LLP from January 2011 to present.

The request also sought documents detailing the monitoring and compliance by Fort Bend County of the subcontractor percentages and payments from Linebarger since January 2011 as well as any page in the contract detailing the identified subcontractors

An employee of the Fort Bend County Attorney’s office acknowledged receipt of the request, in writing, on September 1, 2015.

Roy Cordes office has, until now, been timely in acknowledging receipt of and responding to open records requests—let’s hope the complaint letter received by the Texas Attorney General’s Open Records Division generates some action.

Dolcefino v. Turner

by

Dwight Thomas: An election changer

If you were not listening to Michael Berry last Thursday morning at 8 AM, you missed one of the most fascinating hours of radio in Houston political history. I think of Wayne Dolcefino as the Donald Trump of local media – telling it like it is, unafraid of political correctness, and backed by years of experience. Did I mention that, during his 20 years on KTRK Channel 13, Wayne won 38 Emmy awards for his local reporting?wayne_bio

The 1991 Houston mayor’s race included incumbent Kathy Whitmire, Bob Lanier and Sylvester Turner. When Whitmire missed the runoff, Lanier and Turner squared off.

Weeks before the election, Wayne received a tip about a man, Sylvester Foster, who supposedly disappeared from a boat in Galveston Bay. In 1991, Houston had one principal television news station – Channel 13. And, Wayne was the go to investigative reporter.

The Texas Supreme Court opinion of Dolcefino v. Turner tells the story:

During the events at issue, Turner was a partner in the Houston law firm of Barnes, Morse, and Turner. In late 1985, Turner’s life-long friend Dwight Thomas introduced him to Sylvester Foster, who owned several beauty salons and a male modeling studio in Houston. In April 1986, Foster discussed preparing a will with Turner. Turner and an associate worked on the will in May and June, making several changes at Foster’s behest. The will placed the bulk of the estate assets, including the proceeds of all life insurance policies benefitting the estate, into a trust for the benefit of Foster’s father, Clinton Foster, with Thomas designated as the trustee and executor. The duration of the trust was eleven years, after which the corpus would be distributed to Clinton Foster;  however, if his father died before the trust terminated, the will provided that the corpus would pass immediately to Foster’s girlfriend, Christina Batura. The will was completed and ready for execution on June 16.

In the months before executing the will, Foster was in trouble with the law. In March, he was indicted in Nevada on federal credit card fraud charges. The next month, he was arrested in Nevada for driving Thomas’s car, which Thomas had reported stolen, allegedly as part of a “chop-shop” scheme in which Foster would sell the car, and Thomas and Foster would share the insurance money. Finally, in June, Foster was indicted by a Houston grand jury, also on federal credit card fraud charges. When Turner drafted the will, he knew about the April 8 arrest, but he did not know about any “chop-shop” scheme or either of the federal indictments. Also unbeknownst to Turner, Foster, who already had a sizable amount of life insurance, began acquiring more in May and June. In total, by mid-June Foster had approximately $1.7 million in life insurance, with $875,000 directly benefitting the estate. He also took out credit life on cars and jewelry that he purchased in May and June.

On the evening of June 18, Secret Service agent Jay Bly approached Foster to arrest him on the June Houston grand jury indictment. Foster promised Bly that he would turn himself in the following morning. He did not do so. Instead Foster went the next day to Turner’s office where he signed his will. Turner was not present when Foster signed the will;  Turner’s secretary and a partner witnessed its execution. Three days later, Foster was reported to have drowned during a sailing trip. No body was found, but Keith Anderson and Russell Reinders, who were on the boat with Foster, both swore in affidavits that Foster fell overboard. On June 28, Foster’s father, Clinton Foster, and Thomas met with Turner and asked that he probate the will. Turner agreed and the next month sent letters notifying several life insurance companies of Foster’s death. In August, the Coast Guard issued a formal report claiming that Foster “was presumed drowned and lost at sea.” On November 21, 1986, Turner filed an application to probate the will. Three weeks later, Prudential Insurance Company, which had a policy benefitting Foster’s business partner Reinders, intervened to dispute Foster’s death. The parties began discovery and took depositions from many witnesses, including Agent Bly, Turner, Thomas, and Batura.

In July 1987, Clinton Foster’s attorneys moved to disqualify Turner because, as the will’s drafter, he was likely to be a material witness. The probate judge, the Honorable Judge John Hutchison, disqualified Turner until the issue of Foster’s death was resolved. Judge Hutchison also named Richard Snell as the estate’s temporary administrator and instructed him to investigate Foster’s death.   Turner later submitted a bill of $28,000 for his representation of the estate, but Snell rejected it.

At Snell’s request, Judge Hutchison appointed Elizabeth Colwell to investigate Foster’s death. Colwell was paid by Clinton Foster’s Kansas City attorney, Carston Johannsen. After searching for nearly two years, Colwell could not locate Foster. Accordingly, on April 12, 1989, Judge Hutchison declared Foster dead. Over a year later, however, the United States Embassy in Spain informed Clinton Foster that his son was alive and in a Spanish prison on drug charges. The probate court then rescinded its declaration of death and closed the estate.

Meanwhile, Turner pursued a successful political career. After winning election to the Texas House of Representatives in 1988 and 1990, Turner announced his candidacy for mayor of Houston in June 1991. To establish residency, Turner shared a house inside the city limits with Thomas. In November 1991, Turner won a spot in the December 7 mayoral run-off with financier Bob Lanier.

On November 27, the Wednesday before Thanksgiving, private investigator Clyde Wilson called KTRK anchor Shara Fryer. Wilson told Fryer of a possible connection between Turner and the Foster insurance swindle. Wilson also referred Fryer to two other private investigators, Peary Perry and Bill Elliott. Elliott had been hired by Turner’s estranged wife Cheryl to investigate Turner in connection with their pending divorce. Perry was a former policeman who served on Lanier’s finance committee.

While the story is long, the facts are simple:

  • Sylvester Turner’s “life-long friend” Dwight Thomas introduced Turner to Sylvester Foster.
  • Turner prepared a will for Foster, an indicted fraudster who “owned several beauty salons and a male modeling studio” in Houston.
  • The will put the majority of the assets into a trust for the benefit of Foster’s father and designated Thomas as the trustee and executor.
  • Foster then faked his own death.
  • Foster’s father and Turner’s “life-long friend” Dwight Thomas asked Turner to probate the will he created.
  • The probate judge disqualified Turner from probating the will since he was a witness (as he created the will).
  • A year after the probate judge declared Foster as dead, Foster showed up in a Spanish prison.

Six days before the runoff, on December 1, KTRK aired Wayne’s report on Turner, Thomas, and Foster. While the subject of the story was the insurance fraud scam, Wayne also revealed to the public that Turner, a married man, was living with Thomas.

You have to remember there was really just one news station. Wayne runs a story and Sylvester Turner is ultimately defeated. Turner sues Wayne and Channel 13.

A guy by the name of Sylvester Foster was indicted for credit card fraud and was supposed to turn himself in. He supposedly drowns while on a boat with two other guys and two of his friends said he had drowned. .

The drowned man had a lawyer, Sylvester Turner, who was trying to collect on an insurance policy. Turns out the dead guy was alive and well in a Spanish prison.

Wayne D: “We found Thomas at his home in Inwood Forest. A home he shares with mayoral candidate Sylvester Turner.”

I believe this is the phrase that forever changed the 1991 mayoral election. This story showed Thomas, an effeminate man, living with Turner. This was just six years after the “Straight Slate” appeared on Houston ballots.

Following his 1991 loss and protracted litigation against Dolcefino and KTRK, Sylvester Turner again ran for mayor in 2003 where he again lost. In the 2003 election, Turner placed third behind Bill White and Orlando Sanchez. Is the third time the charm? Will the past plagues affect Turner in the 2015 race?

Certainly, Wayne’s story was not the only piece of controversy surrounding Turner. Houstonians still remember Turner’s failure to repay his Harvard student loans. His address deception during the 1991 mayoral race: one home in northwest Harris County with his wife and daughter; another home with Thomas; and then another home . . . at the Lancaster Hotel?

This year, you knew that something was up when the police and fire unions were on Turner’s team before the mayoral campaign even began. Anyone who understands the current state of the city’s finances should have been hearing alarm bells with these union endorsements.

There is also controversy within the GLBT community. After purchasing $3,040 worth of memberships to the Houston GLBT Political Caucus, the membership voted 142-85 to endorse Turner, which was against the screening committee recommendation of Adrian Garcia. Turner’s money was worth 76 memberships and he won the endorsement by 67 votes.

The criticism against Wayne D’s 1991 report seemingly overlooked the obvious fact that the report showed two grown men, one married, living in the same home. Have times changed? Is 2015 different? Are Houston voters more accepting of Sylvester Turner now as compared to 1991? Or 2003? If so, why? Did voters not support Turner during those elections because they thought he was a crook? Or was it something else?

Today, Sylvester says he has “evolved” on GLBT issues. In 2005, he voted in favor of a ban on gay foster parents. In 2003, he voted in favor of a statutory ban on same sex marriage. Now, he fully supports HERO and no one seems to be talking about why Turner was living with Thomas is 1991.

Is the local media avoiding the issue? Are local political forces tiptoeing through the weeds here? Is the discussion taboo?

During the last three city election cycles, Houstonians elected an openly gay white woman as mayor. Are gay black men treated differently? If so, what does that say about our community itself?

I decided against Sylvester as mayor a long time ago. Not because of any suggestion regarding his sexual orientation but because he is openly supported by all three unions.

In 2009, I voted for Annise Parker because she promised to be a good fiscal steward of our dollar. After the rain tax, I have actively campaigned against her because Houston just cannot afford her “leadership.”

As a longtime political observer, there is no question that the local media is scared of lawsuits. Ironically, media now has more protection than ever against lawsuits since the Texas Legislature passed Anti-SLAPP laws. These laws have changed the litigation landscape and offers protection against lawsuits meant to silence speech.

Political corruption reporting also seems to be taboo. I have written before that Wayne Dolcefino has prosecuted many more politicians for corruption than our District Attorney; so, what does that say about our local media? And, of course, what does that say about our DA?

This is the most important mayoral race in decades, go vote and plan to vote in the December 12th runoff election.

Bill King, election year conservative

by

It’s amazing to watch candidates morph into different creatures during an election cycle. For years, Bill King has self described himself as a moderate politician, catering to the whims of the business community at taxpayers’ expense. Now, suddenly, as he campaigns for Mayor of Houston, he wants to be known as a political outsider that will be a champion for taxpayers. From an email in my inbox today:

In the upcoming mayoral election, Bill King is the only candidate – the only candidate – who understands what needs to be fixed, and has the political courage to follow through and get the job done.

Bill is NOT a captive of the special interests that control City Hall. He will put an end to the City Hall culture that puts personal agendas and political insiders ahead of average taxpayers. He will focus on “fixing the streets, catching the crooks and balancing the city budget.”

Anytime a candidate says that he is the only one with “political courage”, beware. What he is really saying is that he won’t be afraid to increase taxes to pursue his agenda.

Now, about that statement that “He will put an end to the City Hall culture that puts personal agendas and political insiders ahead of average taxpayers.” That my friend, is a joke. For the truth, let’s turn to Wayne Dolcefino and his attempt to get records from HISD about Bill King.

HISD loses legal battle to protect Bill King

For three years, HISD has been fighting to keep a secret. Namely, e-mails exchanged between Bill King and the Superintendent of HISD Schools Terry Grier.

This week HISD lost the battle. The Texas Attorney General says taxpayers have a right to see them.

HISD first claimed releasing the King e-mails would interfere with a corruption case involving former school trustee Larry Marshall. HISD is no longer part of that lawsuit so they couldn’t use that excuse anymore.

This spring the argument changed. HISD now argued the e-mails would disclose legal advice Bill King gave to the Superintendent. You don’t hear it in the Mayoral commercials, but Bill King was paid $52,800 in tax money in 2012 as a governmental relations lawyer for the school district.

“Taxpayers may not have known it, but they paid Bill King to lobby for that huge 2012 HISD Bond Election, yet HISD has fought to keep secret exactly what he did for the money,” says Wayne Dolcefino, President of Dolcefino Consulting. “I think we should know what he did, who he talked to, and whether King was involved in soliciting campaign contributions from contractors.”

It is no secret the FBI has been investigating HISD contracting practices for years. Two years ago, an HISD contractor provided evidence to Dolcefino Consulting of improper payments to Houston School Board Members. That tape recording was also provided to the FB I. Published news reports have explored links between bond contributions and HISD contracts.

It has never been clear why HISD tried to hide Bill King Communications. At the time HISD was being sued by a contractor who claimed at least one school board member was soliciting bribes.

HISD has yet to turn over the e-mails. Stay tuned.

Taxpayer friend? Conservative champion? How about hypocrisy to go with that?

As for the “political courage” that the reinvented Bill King suddenly found, here is what Ben Hall has to say:

Ben Hall stood firm with Houston’s voters from the beginning.

As former Houston City Attorney, Ben knew Houston Mayor Annise Parker broke the law when she denied over 54,000 Houstonians the right to vote on HERO.

Ben didn’t make a political calculation. He followed the law and his faith.

Then there is Bill King, who sat on his hands and said nothing.

He did not voice opposition to the HERO ordinance nor the blatant suppression of voter rights. He did not protest when pastors’ sermons were subpoenaed as part of a campaign to silence critics.

He said nothing while Houstonians had to spend hundreds of thousands of dollars just for their day in court.

But now that the Texas Supreme Court has spoken, Bill King has suddenly found his courage. King now says the HERO ordinance was never needed and that voters should have the right to vote.

Where were you Mr. King when it mattered?

Political courage?