Saturday, July 26, 2008
By Cindy V. Culp
Tribune-Herald staff writer
Attorneys for former Downtown Waco Inc. director Margaret Mills want cameras and recording devices barred from the courtroom during any future proceedings in the felony theft case against her.
The motion, filed Friday by Waco lawyers Rick Bostwick and Pat Beard, says allowing media devices inside the courtroom during Mills’ trial or related hearings will negatively affect the jury and keep Mills from getting a fair trial. It also asserts that long-standing policy in McLennan County, as well as in federal courts and most state courts, prohibits such devices inside courtrooms.
Photos from Friday's change of venue hearing
Document: Read the change of venue motion
More photos: Arraignment, photo retrospective
TIMELINE: Downtown Waco scandal
“Cameras and recording devices within the courtroom are calculated to demean the dignity and decorum critical to the judicial process and will instead promote an aura of theatre,” the request says.
The motion appears to have been prompted by the presence of media cameras inside the courtroom during a pretrial hearing for Mills last week. Their presence intruded on the privacy of attorney-client communications, the motion says, citing as evidence a photo and article published by the Tribune-Herald.
The photo, which ran on the front page, showed Bostwick leaning over to talk to Mills. The article reported that Mills remained in the courtroom about 10 minutes after the hearing ended, telling Beard, “I can’t walk out there past all those TV cameras. This is ridiculous.”
During most local trials, media cameras aren’t allowed in the courtroom.
However, both the Tribune-Herald and television stations routinely capture images of defendants by aiming their cameras through windows in courtroom doors.
Allowing media devices inside the courtroom during future proceedings in the Mills case is likely to cause jurors to conclude the case is entitled to special attention, the motion says. It also heightens the probability that jurors may be exposed to and influenced by media reports of the trial, it says.
Mills’ attorneys note that they have already filed a motion for a change of venue in the case because news accounts have created “so great a prejudice against the defendant that the defendant cannot obtain a fair and impartial trial” in McLennan County. Allowing cameras and recording devices into the courtroom would only exacerbate that issue, the motion says.
Another motion filed Friday by Mills’ attorneys asks that prospective jurors in the case be questioned apart from one another to determine “whether they have been tainted by the constant, extensive and excessive widespread publicity concerning this case.”
- Jun. 14, 2009: Former Downtown Waco leader Margaret Mills could be released by Thanksgiving
- Nov. 22, 2008: Margaret Mills spends first night in Gatesville prison
- Nov. 11, 2008: Margaret Mills escorted from Waco courtroom to begin 9-year sentence
- Nov. 10, 2008: Prison official describes what Margaret Mills' life might be like behind bars
- Nov. 8, 2008: Family friends pitch in to help Margaret Mills pay $100K restitution
- DAY 3 / Nov. 5, 2008: Judge seethes at attorneys as Margaret Mills plea deal is reached
- DAY 2 / Nov. 4, 2008: Margaret Mills' successor testifies she found Downtown Waco Inc.'s financial records
- DAY 1 / Nov. 3, 2008: Jury selected in Margaret Mills theft punishment trial
- Nov. 2, 2008: Betraying public trust may factor in Margaret Mills' sentence
- Nov. 2, 2008: Bad economy could be bad news for Margaret Mills, jury experts say
- Oct. 26, 2008: After Margaret Mills' guilty plea, question remains whether she can get an unbiased jury for her sentencing
- Oct. 25, 2008: Margaret Mills avoids possible life sentence in plea deal
- Oct. 25, 2008: Margaret Mills' plea deal has some wondering whether they will get paid back
- Oct. 24, 2008: Margaret Mills' attorneys to try again to move her trial from Waco
- Sept. 29, 2008: Defense files 2nd motion to move Margaret Mills trial from Waco
- Sept. 17, 2008: New court filing outlines theft allegations against Margaret Mills
- Sept. 3, 2008: Judge rules Mills should stand trial in Waco, sets Nov. 3 start date
- Sept. 2, 2008: Hearing expected to decide whether Margaret Mills trial moves from Waco
- Aug. 30, 2008: Federal tax lien placed on Margaret Mills' property
- Aug. 13, 2008: Prosecutor: Kick cameras out for Mills theft trial
- July 26, 2008: Margaret Mills' lawyers seek to bar courtroom cameras
- July 19, 2008: Mills' attorneys request change of venue for controversial trial
- July 15, 2008: Prosecutor files motion to restrict evidence in Margaret Mills case in advance of Friday's pre-trial hearing
- Feb. 2, 2008: Trial date set in Margaret Mills' theft case
- Jan. 24, 2008: Margaret Mills pretrial hearing scheduled
- Nov. 7, 2007: Margaret Mills indicted on 1st-degree felony theft charges
- Oct. 3, 2007: DA's office dogged by inquiries in Margaret Mills case
- Aug. 10, 2007: Mills investigation in its final stages
- May 5, 2007: Waco police submit part of Mills investigation to DA
- April 10, 2007: County DA Segrest will recuse himself in Mills case
- April 8, 2007: Disbelief, desperation marked Downtown Waco's final months
- April 3, 2007: Did Mills get special treatment from justice system?
- April 3, 2007: Longtime civic leader arrested, bonded out peacefully
- April 2, 2007: Mills' hard-charging ways won success, created sparks
- April 1, 2007: Arrest warrant issued for Margaret Mills
- Feb. 23, 2007: Investigation wrapping up
- Dec. 17, 2006: Inquiry will continue into 2007
- Nov. 4, 2006: Mills put money in own account on eve of retirement
- Nov. 2, 2006: "Several" subpoenas issued
- Nov. 1, 2006: $500,000 and counting: Questionable finances traced to 2000
- Oct. 28, 2006: Case could shake up courthouse
- Oct. 25, 2006: Downtown Waco office braces for closure
- Oct. 22, 2006: Who's minding the store at DTW?
- Oct. 15, 2006: No third-party audits for DTW Inc.
- Oct. 14, 2006: Ex-Downtown Waco director Mills target of investigation
- Oct. 11, 2006: Police investigating missing money
- Oct. 6, 2006: Missing funds at root of investigation
- Oct. 3, 2006: Downtown Waco Inc. loses city funds amid internal financial investigation
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Document: Read the change of venue motion
- Indictment: Read the charges against Margaret Mills: PDF Text
- TIMELINE: Downtown Waco scandal
- NEW PHOTOS: At the change of venue motion
- PHOTOS: Margaret Mills' arraignment, a photo retrospective
- MORE VIDEO: Margaret Mills arrives at county jail
- GRAPHIC: Arrest warrant affidavit
In most cases, prospective jurors are asked questions in front of the rest of the jury pool. Individual voir dire questioning is normally reserved only for capital murder cases in which the state is seeking the death penalty.
Matt Johnson of Waco’s 54th State District Court is presiding over the case and will be the one to rule on the motions. He has scheduled a hearing for Sept. 3 to rule on the change of venue request. If the judge rejects the motion or carries it over to gauge prospective jurors’ attitudes about the case, jury selection in Mills’ trial is set to begin Sept. 22.
Beard declined comment on the two new motions. The prosecutor in the case is Assistant Attorney General David S. Glickler because McLennan County District Attorney John Segrest recused his office. A spokesman for the Attorney General’s Office said Glickler hasn’t made a decision about how he’ll respond to the motions and declined further comment.
Mills, 67, was indicted on felony theft charges in November in the alleged theft of hundreds of thousands of dollars while serving as head of Downtown Waco Inc. She is charged with embezzling more than $200,000, the amount at which a theft case becomes a first-degree felony.
Glickler has said Mills reportedly stole about $511,000 from the downtown civic development organization since at least April 2003. She reportedly took checks from outside organizations on behalf of Downtown Waco Inc. and deposited those checks into her personal accounts or those she controlled.
cculp@wacotrib.com
757-5744
Comments
By Waco Oldtimer
Jul 27, 2008 2:41 PM | Link to this
The judge should deny this motion. Margaret Mills' illegal actions need to be in the public eye, just like any other criminal in the courtroom. I think that is what infuriates most of us..she thinks she is different--"special, privileged"--and can get special treatment because of who she thinks she is. She should be treated like anyone else in her position would be treated. Please, NO special treatment for Margaret Mills!
By Buford T. Justice
Jul 26, 2008 9:40 PM | Link to this
The rich people will support the rich people. She'll get off with a slap on the wrist. If anyone other than a person with money did this same thing, they'd be under the jail by now. Watch it all unfold like OJ with a sharp knife - the people with the money will walk away with their money still in their pockets. Let the peasants eat cake.
By bluzcandy2
Jul 26, 2008 4:44 PM | Link to this
she makes me physically ill looking at her. I could care less either way. She just makes me sick. She showed little concern when she pocketed the funds. She should be spotlighted. Suffer the embarrassment and humility you brought on to yourself Mills. Or rather BOUGHT onto yourself! You make me sick!
By O.J.
Jul 26, 2008 1:06 PM | Link to this
They should televise this thing.
By Watchdog No 1
Jul 26, 2008 12:48 PM | Link to this
Greed makes the world go around.
She stole from children, citizens of waco, businesses, her won employer. She stole without fear. She stole, period. Just because noone got killed or sustained bodily injury (except poor Downtown Waco, the city, and all those people who worked hard to make Waco a better place.)that somehow makes it more okay?? What an ego on this one!
Who decided an audit wasn't needed?? Why didn't the board catch this sooner? Too busy swooning over hotel remodeling and the Dubya library? Or didn't understand the simple mathmatical mechanics of stealing??
Walking into court with her vainity and trappings probably purchased with downtown waco cash, that smug little smirk on her face. Why don't you go WISD and tell all those kids, plus the taxpayers who sustain the schools why this all happened?? I hope she has enough cash for the cantina at Gatesville prison for women.
The grand jury indictment reads like a six year crash and carry. It defies definition. It also needs a nice edit, since the officer writes like a third grader. No wonder it took so long to get her cuffed up.
We'll keep watching.
By BoogerHook
Jul 26, 2008 12:47 PM | Link to this
Iım against all the ıspecial treatmentı this Waco socialite is whining for. But, it certainly wonıt bother me that there might be less pictures of her thieving, decrepit, old mug to look at. The only picture I would like to see of her from now on is the one they take when she puts on her ıprison whitesı upon her arrival to TDCJ.
By tell it like it is
Jul 26, 2008 12:35 PM | Link to this
do the crime do the time, don't worry about the camers, you need to worry who's girlfriend you are going to be in the big house.
By Downtonw Waco Member
Jul 26, 2008 11:43 AM | Link to this
Maybe this could be a pay per view event. This will be the biggest thing since the ATF/Branch Davidian situation!
There will not be enough seats in the courtroom I hope they do move the trial to possible the Hipprodome or Waco Hall or the Convention Center.
I know a number of people are planning to go every day, and even tailgate at the parking lot. It will be like a Baylor Game Day.
I hope the County realizes what a popular trial this will be, and make prepartions to accomodate the Crowds.
Maybe downtown Waco Cafes could come up with the Maggie Mills Downtown Lunch Special-- A Bologna Sandwich, with a side of Crow.,
By Neal
Jul 26, 2008 8:03 AM | Link to this
Granted this matter should have been settled completely by now. That having been said there is no need to turn the courthouse into a three ring circus over this case. The presence of a camera will inevitably affect the conduct of everyone in the room. After all, we are talking about a thief here, not a serial killer.
By Baby
Jul 26, 2008 5:20 AM | Link to this
Oh for Pete's sake! Sounds more like ploys to drag this out. She has already started paying restitution. I know I would not make any kind of payment if I were innocent. Bring on the cameras in WACO!
Maggie darlin', hold your head up and walk in the McLennan County courthouse and face the music! You took the monies, now don't cost the taxpayers any more!
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