Friday, October 24, 2008
> We'll bring you live breaking news coverage of the hearing from inside the courthouse today. Watch our breaking news blog, Waco NOW, for updates as they happen. > wacotrib.com/now
By Tommy Witherspoon
Tribune-Herald staff writer
Attorneys for former Downtown Waco Inc. executive director Margaret Mills will ask a judge again this morning to move her felony theft trial to another county.
Today’s hearing, set for 11 a.m. in Waco’s 54th State District Court, is the last one scheduled before Mills’ Nov. 3 trial on charges that she embezzled more than $200,000 from the downtown development organization.
Read the specific allegations filed by the state attorney general's office
Margaret Mills avoids media gauntlet at Sept. 3 hearing
Photos: Sept. 3 pretrial hearing
Video: Testimony from Sept. 3 hearing
Photos: July's change of venue hearing
Document: Read the change of venue motion
Indictment: Read the charges
PDF Text
Arrest affidavit
More photos: Arraignment, photo retrospective
> TIMELINE: Downtown Waco scandal
Judge Matt Johnson denied a previous motion for a change of venue in Mills’ case last month. Mills’ attorneys, Rick Bostwick and Pat Beard, had contended that media coverage of her case would prevent her from getting a fair trial in McLennan County.
Johnson has said he might change his mind during jury selection if too many prospective jurors express bias or an unwillingness or inability to afford Mills a fair trial in Waco.
Bostwick, who filed an amended change of venue motion in late September, said he will renew his request today to move the trial. His amended motion included affidavits from 92-year-old Matt Dawson, professor emeritus at Baylor Law School, and former Waco City Council member Maurice Labens.
Both said they think Mills, 67, cannot get a fair trial in McLennan County because of publicity.
“I thought that the first decision was erroneous, and we wanted to give the court an option, particularly in light of subsequent unprecedented media coverage as well as an affidavit from Matt Dawson, who taught practice court at Baylor Law School for several decades and who has tried probably more cases in Texas than any anyone else,” Bostwick said. “In light of that, we wanted to give him an opportunity to reconsider his decision.”
Mills is charged with first-degree felony theft reportedly totaling $511,000. However, the indictment against her alleges just more than $200,000, the amount at which a theft case becomes a first-degree felony, punishable by up to life in prison.
State Assistant Attorney General David S. Glickler, who is handling the prosecution because McLennan County District Attorney John Segrest recused his office, declined comment on today’s hearing.
twitherspoon@wacotrib.com
757-5737
- MORE VIDEO: Margaret Mills arrives at county jail
- GRAPHIC: Arrest warrant affidavit
- 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: $500,000 and counting: Questionable finances traced to 2000
- Oct. 28, 2006: Case could shake up courthouse
- Oct. 25, 2006: Downtown Waco office braces for closure
- Oct. 22, 2006: Who's minding the store at DTW?
- Oct. 15, 2006: No third-party audits for DTW Inc.
- Oct. 14, 2006: Ex-Downtown Waco director Mills target of investigation
- Oct. 11, 2006: Police investigating missing money
- Oct. 6, 2006: Missing funds at root of investigation
- Oct. 3, 2006: Downtown Waco Inc. loses city funds amid internal financial investigation
Comments
By legal bills
Oct 24, 2008 8:46 PM | Link to this
Wonder who is paying MM legal bills? Research that one Waco Trib.
By Ras
Oct 24, 2008 6:46 PM | Link to this
Where did the story about her pleading guilty go? Charged with a 1st degree felony and allowed to plead to a third degree felony? What!!!
By goodbye Waco
Oct 24, 2008 1:43 PM | Link to this
Fred,
Brilliant my friend. Nepotism runs deep. I bet she won't find the same menu at Gatesville that she enjoyed at Ridgewood. Coke can put some money on her books. Maybe she can go to the commisary and get some wash rags to wash that smug, better than thou Waco elitist, wrinkled @$&^ eating grin off of her embezzling face.
By Drew
Oct 24, 2008 12:43 PM | Link to this
Heck, yeah... Lets move this trial out of Waco. Move it up to Ft. Worth or Dallas, where she's just some old crone who stole a lot of money, even money from Waco ISD. They'll like that a lot up there, some rich old lady stealing money from kids.
Margaret Mills Democratic cronies may actually be able to influence things here in McLennan county to mitigate the worse of her actions, but they will lose a lot of that influence if Johnson allows for a change of venue.
By Realist
Oct 24, 2008 12:35 PM | Link to this
Fred
You just pull these out of your butt, don't you? Make them up as you go....
Don't let the facts get in the way of a good conspiracy fantasy.
By Dave
Oct 24, 2008 9:13 AM | Link to this
Do you believe that this tactic is really about Margaret Mills and insuring that she receives a fair trial through a change of venue?
By Truth Be Told
Oct 24, 2008 9:02 AM | Link to this
If there is any chance of improper/irregular handling of key evidence, then I would expect a continued investigation and subsequent prosecution by the Attorney General's office.
By Fred
Oct 24, 2008 7:40 AM | Link to this
Why did the missing Margaret Mills papers show up at the Office of the Waco City Manager (Larry Groth)? How deeply is Larry Groth involved in the Waco Inc. scandal? Why did the Waco City Manager's Office violate the Open Records Act Law in hiding these missing Margaret Mills papers? Why are these missing Margaret Mills papers suddenly.......missing again? A local Attorney (who tired to view these missing papers) was literally "run out" of Waco City Hall. The Waco Police Deparment needs to continue their investigation and consider the suspect.......Larry Groth.
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