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Second motion filed to move Margaret Mills trial from Waco


Tuesday, September 30, 2008

By Tommy Witherspoon

Tribune-Herald staff writer

Attorneys for former Downtown Waco Inc. executive director Margaret Mills are asking for a second time that her felony theft trial be moved to another county.

Judge Matt Johnson of Waco’s 54th State District Court denied a previous motion for a change of venue in Mills’ case earlier this month. Attorneys for Mills had contended that media coverage of her case, including by the Tribune-Herald, would prevent her from getting a fair trial in McLennan County.

However, Johnson said he would monitor the jury selection process and revisit the motion if too many potential jurors express bias or an unwillingness or inability to afford Mills a fair trial in Waco.

Mills, 67, is charged with first-degree felony theft reportedly totaling $511,000. She is suspected of embezzling money from the downtown development agency she headed for 18 years. Her trial is set for Nov. 3.

“The judge has ruled on our motion, but the coverage that is comparable to what occurred before continues, so the damage continues,” said Waco attorney Rick Bostwick, who represents Mills with attorney Pat Beard.

To support the amended motion to transfer venue, Bostwick and Beard filed affidavits from 92-year-old Matt Dawson, a professor emeritus at Baylor University Law School, and former Waco City Council member Maurice Labens.

Both said Mills cannot get a fair trial in McLennan County because of the publicity.

In other activity in Mills’ case, Assistant Attorney General David S. Glickler amended the 16-page, 116-paragraph indictment against her that corrected some errors and withdrew paragraph 73, which alleges Mills misappropriated a $3,010 check from Kelly Realtors by putting it into her own account in April 2005.

“We simply amended five paragraphs that had clerical errors in the amounts,” Glickler said. “As for the paragraph referring to Mr. Kelly, there were multiple clerical errors, and since the allegations remain a first-degree felony regardless of that paragraph’s inclusion in the indictment, it was easier to abandon the paragraph altogether rather than attempt to make several amendments to that single paragraph.”

A felony theft becomes a first-degree felony, punishable by up to life in prison, when the alleged amount reaches $200,000.

twitherspoon@wacotrib.com

757-5737

MORE MULTIMEDIA

VIDEO: ARRAIGNMENT
Margaret Mills video at arraignment hearing


THE MILLS FILE
THE PUNISHMENT
THE TRIAL
THE PLEA
THE PRETRIAL MOTIONS
THE INVESTIGATION
THE SCANDAL

Comments

By BoogerHook

Oct 1, 2008 7:54 AM | Link to this

I hope the judge remembers that it's LOCAL folks who elected him, it's LOCAL folks that 'Ol Maggie "Sticky Fingers" Mills stole $500,000.00 from, it's LOCAL folks who want to see her in chains, and that if he rains on our parade by moving this trial, it will be LOCAL folks that make their decision in the next judicial election. Local folks have good memories. Don't spoil our fun and jeopordze your political future.

By Captain America

Sep 30, 2008 10:19 PM | Link to this

All anyone has to do is read the affidavit for arrest warrant. Hell, in 2001, Honest Abe's mom here decided that Downtown Waco Inc. no longer required the annual audit of it's bank accounts. Well my heck, she was just trying to save the cost of the annual audit. Those accountants charge an arm and a leg to count all that money. She was also suffering from a condition that we old country boys call Turbodumbass. I do hope the trial is held here. I haven't been to a real comedy play in ages.

By The Prophet

Sep 30, 2008 9:24 PM | Link to this

In the words of the ROD STEWART ballad,

"WAKE UP LITTLE MAGGIE THERE IS SOMETHING I'VE GOT TO SAY TO YOU"

YOU ARE GOING TO TRIAL, THEN do not pass go and go directly to JAIL!! After that you will face the IRS because oops! "you neglected to pay taxes on the funds you "TOOK LIBERTIES WITH". The Federal Charges will be severe.

I will give you a word of prophecy you will not live long enough to finish your prison term. I have said God will confirm it in your life.

By Nick

Sep 30, 2008 7:58 PM | Link to this

Margret Mills cheated the city of Waco, and the trial should stay in Waco so she can be tried by a jury of her PEERS. Every one deserves a free trial, and just because the jurors are from Waco does not mean they will be unwilling to give her a fair trial. If she's convicted, then its because her fellow citizens decided she broke the law, not because the Trib reported the story as it broke, which, by the way, is what newspapers are supposed to do. Let her fate be decided by the people of our city

By Fred Arechiga

Sep 30, 2008 3:20 PM | Link to this

From the article:
"To support the amended motion to transfer venue, Bostwick and Beard filed affidavits from 92-year-old Matt Dawson, a professor emeritus at Baylor University Law School, and former Waco City Council member Maurice Labens.

Both said Mills cannot get a fair trial in McLennan County because of the publicity."

C'mon -- just because a couple of her husband's lawyer/council buddies say she cannot get a fair trial is laughable!

Mills' is essentially saying that the good people of Waco are so stupid that they can't come to fair verdict in her trial.

It's obvious that the Mills' truly believe they are above the law.

Just as Mills, the defendant, deserves a fair and speedy trial -- so do the people of Waco -- get on with it!!!

She stole over a half a million dollars -- there is no way the prosecutor is going to let her plead out and walk away after a year. If it was $100,000 -- maybe. In addition, she stole the money over an 18 year period of time -- that's a long time to be a criminal, and that fact alone is a slap in the face of all the good people in Waco that live their lives every day without ever breaking the law.

By Concerned Citizen

Sep 30, 2008 2:45 PM | Link to this

Were the auditors asleep on this one? The check and balance on this organization went out the door. Mrs. Mills had to answer to someone, who was that? The Board of Directors!!! Remember friends are friends, but business is business. Did their common business sense go out the window? If it had been a regular old joe there would have an audit on all account records at least once a year for this business. With government funding, what happened to the requirements of documentation? There were several people asleep at the wheel at this organization. I'm sure by now some are feeling guilty as heck that personal friendship made them blind to the alleged crimes this woman committed. Change a venue, let her have it, don't let be said she did not get a fair chance. She got a fair chance when she became the director and she spit in everyone of her friends faces by doing what she did. She really believed that she was above the law.

By REDHANDED

Sep 30, 2008 2:38 PM | Link to this

JesusWept...You AND your "lawyer friends" are complete morons. There's an awful lot of money missing and the paper trail leads straight to old sticky fingers Maggie. You should sign up to be on her prison visitor list so you can give this crook comfort and support. Better yet, I wish they would lock up you and your lawyer friends with this thieving old battle axe. I'm sure you're all guilty of something.

By JesusWept

Sep 30, 2008 2:18 PM | Link to this

My lawyer friends tell me that M Mills has been treated differently from other defendants in similar circumstances--but in the exact opposite way from what most people seem to think. They say that any other elderly person charged with a non-violent felony and with no prior record or criminal charges would have been given a plea deal involving less than a year in prison and lengthy probation with at least partial restitution. In other words she's being treated MORE harshly than someone else would have been.

There's also a strong feeling that the judge refused to change the location of the trial because he wants the publicity all to himself. He'll have to run for re-election at some point, and he wants you to remember that he satisfied local bloodlust by keeping the trial here at home. Makes sense to me.

By JOANNA VLAHAKOS

Sep 30, 2008 2:05 PM | Link to this

I DO NOT KNOW MRS M. MILLS . I WOULD LIKE TO SAY
THIS; YOU CAN FOOL SOME OF PEOPLE SOME OF TIME. BUT,
YOU CANNOT FOOL GOD AT ANYTIME. HE KNOWS WHAT SHE MAY
OR MAY NOT HAVE DONE. THERE WILL BE JUSTICE.

By oldtimer

Sep 30, 2008 12:01 PM | Link to this

Wrong is wrong...always has been and always will be.

Stealing is wrong. There are consequences to Mrs. Mills actions and she needs to face them. This is indisputable.

The sidelight will be to watch the "good ole boy" system. If the good ole boy system is alive and well in Waco, she will get off or the case will become muddled down and forgotten.

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