Bad economy could be bad news for Margaret Mills, jury experts say

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» Betraying public trust may factor in Margaret Mills' sentence

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By Erin Quinn

Tribune-Herald staff writer

Lawyers for Margaret Mills will begin searching Monday for jurors who might put the 67-year-old on probation for stealing almost $100,000.

But it can be tough to find sympathy among a pool of jurors who could be feeling a pinch in their own wallets, jury experts say.

Mills pleaded guilty to stealing about $99,500 from Downtown Waco Inc., a publicly supported agency she headed for 18 years. Jurors will be asked to decide her sentence — from probation to up to 10 years in prison.

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MULTIMEDIA

Photos: Oct. 25 guilty plea

Video: Scenes from the courtroom as Margaret Mills' attorney discusses the plea deal

> TIMELINE: Downtown Waco scandal

DOCUMENT

Read the specific allegations filed by the state attorney general's office

VIDEO

Margaret Mills avoids media gauntlet at Sept. 3 hearing

MORE MULTIMEDIA

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

“As a general rule, in a depressed economy, people are going to be a little more anxious to assess a higher punishment,” said longtime Waco defense attorney Russ Hunt Sr.

Mills’ attorney, Rick Bostwick, isn’t so sure the economy could play a factor. “I don’t think anybody has accused her of being on Wall Street or with making the banks fail.”

Bostwick’s criteria for this week’s jury selection is simple: “A fair and open-minded jury that is not predisposed by information that they have heard from other sources.”

Bostwick, who will try the case with Pat Beard, has repeatedly voiced concerns of Mills’ not getting a fair trial because of what he has called “unprecedented” media coverage.

Johnson has denied requests for a change of venue but advised he could change his mind if it appears difficult to pick an impartial jury.

Assistant Attorney General David S. Glickler, who is handling Mills’ prosecution because McLennan County District Attorney John Segrest recused his office, declined to comment on his strategy for picking a jury.

Dallas-based attorney and psychologist Richard Waites works as a trial consultant for The Advocates, a nationwide consulting group that advises defense attorneys on how to pick jurors who will be most inclined to rule in favor of their clients.

Waites says there are five basic factors in choosing jurors, including attitudes about specific issues in the case and relevant life experiences, such as whether they’ve been victims of crime. In this case, it would be important to determine whether potential jurors have had money stolen from them, he said.

Other, more minor factors in the mix include personality traits, general values and beliefs, and demographics, he said.

Lawyers actually do not select jurors but de-select them, according to the Waco Criminal Law Blog, which is written by lawyer Walter M. Reaves Jr. First removed are potential jurors with biases, and then each side eliminates people they believe may favor the other side.

“The hope is you are left with an impartial jury,” Reaves states in the blog. “The process has problems. Lawyers need to have the opportunity and ability to uncover potential biases. Jurors also have to be honest and willing to disclose their true beliefs.”

Some potential jurors, Waites said, will be angry at Mills because they disapprove of anyone who breaks the law.

“In a criminal case, you will find the kind of people who believe rules are rules, and the law is the law, and if you don’t abide by the laws you deserve the highest penalty the law will allow,” he said. “Those people are going to be on the jury panel in Waco, I assure you.”

In this economy, he said, other potential jurors will be angry at Mills for more personal reasons.

“There are some who have been affected by the economy lately who are going to think that she tried to get away with something and get an advantage, while (the juror) was trying to play by the rules and didn’t get anywhere,” Waites said.

According to an article in The New York Times, jury consultants say that it is increasingly important to determine how the attitudes of prospective jurors have been affected by the coverage of financial scandals. They are finding that the publicity has made way for new stereotypes to form in the public’s mind about business leaders — most of them negative.

“I think it was all uncharted water pre-Enron,” Susan Macpherson, the vice president of the Midwestern office of the National Jury Project, a consulting group, said in the Times’ 2004 article. “We didn’t have a national stereotype in our heads about the type of people who get charged with these types of crimes.”

In addition, because many people have suffered stock market losses, consultants added, it is important to understand whom a jury blames for those losses.”

Patricia McEvoy, a partner at Zagnoli McEvoy Foley, a jury consultant firm in Chicago, told the Times in 2004: “It is a rare jury that you talk to now where the majority of people have not lost money in the last couple of years. Everybody’s lost money. That’s bad for the defendant.”

Mills’ having already admitted guilt, after prosecutors dropped dozens of the charges against her and reduced her potential punishment, also may play into the jury’s perceptions, Hunt said.

Hunt, who has defended clients in hundreds of high-profile cases in Central Texas, said he’s had little luck with juries when the defendant’s guilt has been decided for them. The defense will have a strategy ready to curry favor with the panel, he said.

“The defense is going in with their pants down,” Hunt said. “It’s just bending over and saying how hard do you want to hit me.

(The defense is) hoping that the good things that Mrs. Mills has done will be redeeming enough for jurors to consider a lighter sentence.”

To do that, Hunt said, the defense will likely call a string of witnesses who will tell jurors how, in her role downtown, Mills has bettered the city.

“Look what she has done for Waco,” Hunt said the defense will tell jurors. “Look at the economic value of her work. Shouldn’t we cut her a little slack?”

Jurors also could reward Mills for confessing to the crime.

“Some will feel sorry for her, like, ‘What a pathetic person she must be,’ ” Waites said. “The reaction to her in trial is going to be mostly emotional.”

And, he says, that reaction could turn favorable for Mills.

“If she can show some sort of genuine, sincere remorse and an effort to pay the money back, then her chances of getting a long sentence are reduced considerably,” Waites said.

Bostwick said last week that Mills has paid $70,000 in restitution to Downtown Waco Inc. and is willing to pay more if ordered by the judge. He also said that his client is “hugely humiliated, ashamed,” and “sorrowful.”

Along the way, Mills also could have some help from friends in high places.

Among the names that the defense has listed as potential witnesses are former Texas Gov. Mark White and Lyndon Olson Jr., a former U.S. ambassador to Sweden.

Staff writer Tommy Witherspoon contributed to this report.

equinn@wacotrib.com

757-5748

More jurors to pick from

Judge Matt Johnson, of the 54th District Court, has summoned 90 potential jurors for Mills’ case, up from 45 in most criminal cases. The jury panel will assemble Monday morning but will be excused to return at 1 p.m., when jury selection will begin.

Because of the large panel, the judge said the attorneys involved in the case will need time to review juror information cards before questioning.

Johnson has also said he will be more liberal in allowing some individual questioning of jurors by defense attorneys. Such questioning is typically allowed only in a capital murder trial.

MORE MULTIMEDIA

Margaret Mills video at arraignment hearing

MORE VIDEO: Margaret Mills arrives at county jail

PHOTOS: At the change of venue motion
PHOTOS: Margaret Mills' arraignment, a photo retrospective

GRAPHIC: Arrest warrant affidavit

Comments

By Truth Be Told

Nov 3, 2008 8:44 AM | Link to this

My point (and appears one that individuals agree with) is that the composition of a Board of Directors is to provide vision, leadership, oversight, and supply confidence that the purpose of the entity is achieved and its resources (human & financial) are used prudently to achieve its goals by the entity's staff. While individual members may excel at some of those, financial oversight is an area that every member should have provided sound reason and review. This board's members have been silent and its members have not accounted for their roles and participation/action. Have they walked away? Obviously not, as the entity - Downtown Waco, Inc. still exists. Likewise, some members continue to serve in similar capacities that require fiduciary and management oversight. Was a DWI appointment merely a ceremonial appointment? If BODs are comprised of heads with names only and no oversight, then I (and many others who are disgusted that Mills was provided the ability to even perpetrate this act) would revisit any funding that I may provide either directly via contribution or indirectly through my taxes.

AND FOR THE EDIFICATION OF WHAT's YOUR PURPOSE...

Downtown Waco, Inc. Board (per Waco Tribune)
Chairman Scott Felton
Treasurer Mark Boyd

Tejas Logistics Systems president Gaylan Beavers, Wells Fargo executive Pat Millar, Insurors of Texas president George Chase, American Football Coaches Association executive director Grant Teaff, MCYC executive director Doug McDurham, Baylor University economist Tom Kelly, Quinn Campus executive director Jewel Lockridge, David Hicks of Compass Bank, Stewart Kelly of Kelly Realtors, McLennan Community College executive Danny Uptmore and Baylor's vice president for finance and administration, Reagan Ramsower.

By David

Nov 3, 2008 8:34 AM | Link to this

I believe there is more to this story that is not being told. YES, she should pay for what she has done. She betrayed the trust of the whole City of Waco. But then there is another Question that needs to be answered. Her husband was supposed to be a prominant attorney. Did he not know or wonder where all this money that his wife stole was coming from or did she do such a good job in hiding it from him or did he enjoy reaping the benifits from what she did?

By Fred's Wife

Nov 3, 2008 7:29 AM | Link to this

OK now you people quit pickin on my husban. He do what he can to hep you po folk see de truth. Po ole Fred he lost his job anit got nothin to look forward to but postin crap. He aint much of a husband but we get our welfar checks every mondth and he aint no crackhead like yall think.

By ladyb

Nov 2, 2008 10:00 PM | Link to this

I hope Mills gets probation. I want her to sit amoung other felons at the adult probation office. I want her to do free community service just like other felons, I want her to get that midnight home check just like other felons. I want all other people who steal from our city to see what happens. Going to prison to too easy for someone soooo respectable !

By Randy

Nov 2, 2008 9:48 PM | Link to this

Just another O.J. SIMPSON TRIAL. MAYBE NEXT TIME CAUGHT WITHOUT MONEY TO BUY ATTORNEYS , I CAN ONLY HOPE FOR 10 YEARS OF PRISON AND FULL RESTITUTION OF STOLEN FUNDS PLUS INTEREST. I ONLY WONDER IF THE IRS WAS PAID TAXES OF HER STOLEN INCOME $511,000.00 MAYBE THERE IS HOPE IF IRS COULD BECOME INVOLVED AND A CIVIL SUIT BY DOWN TOWN WACO INC.

By Enough Fred

Nov 2, 2008 9:22 PM | Link to this

Nice comment, Fred....."Slaughterhouse Waco", the same phrase used 15 times/day on this blog. Can't you come up with something new? Can you be a little more original? Try being creative--instead of just boring. You're an embarrassment to yourself! Here's a new one--complain about Larry Groth, oh wait, you do that 15 times per day also. What a pathetic life you lead--waking up at 4:00 and complaining on this blog. Have you ever heard of marriage? Like anyone would put up with your pathetic existence! You should "Slaughter Fred" and see if anyone even notices!

By Taco is Right

Nov 2, 2008 8:49 PM | Link to this

Taco's post is exactly right. Ramsower's on that board, too? That man is a disgrace for what he did at Baylor with the SAT.

Get him off your board as soon as you can, Downtown Waco. We wish we could do the same at BU!

By bear78

Nov 2, 2008 7:29 PM | Link to this

Freddie, my boy, if you are indeed posting at 4:23 am, as indicated, you are sick, sick, sick. Get a life, man! You truly need some help because the venom and hatred you spew will destroy you.

Now, I do agree (God, please don't strike me down!), with Fred and others that SOMEONE should have seen this going on for years. As many non-profits that I have served on, I've never seen one where audits or some kind of financial review weren't required, as well as two signature on checks in the case of a small agency where dual control wasn't possible. The board truly failed in its duties in this case; if it was innocent, as it probably was, it was certainly negligent. I imagine the D&O insurance route has already been investigated-it may not cover theft by an employee.

I haven't kept up with all of the news on this, but if Mills really stole almost $500K and it's been reduced to less than $100K, then the prosecutor owes a huge explanation to Waco citizens. It would appear that a double standard for justice exists and Wacoans of all walks of life should be incensed. If there are mental issues involved, taxpayers deserve to know the details of a plea and full restitution should be required.

By Taco

Nov 2, 2008 7:15 PM | Link to this

Downtown Waco, Inc. Board (per Waco Tribune)
Chairman Scott Felton
Treasurer Mark Boyd

Tejas Logistics Systems president Gaylan Beavers, Wells Fargo executive Pat Millar, Insurors of Texas president George Chase, American Football Coaches Association executive director Grant Teaff, MCYC executive director Doug McDurham, Baylor University economist Tom Kelly, Quinn Campus executive director Jewel Lockridge, David Hicks of Compass Bank, Stewart Kelly of Kelly Realtors, McLennan Community College executive Danny Uptmore and Baylor's vice president for finance and administration, Reagan Ramsower.

The above are Waco's main problem, get rid of them all and your problem goes away....advise, get out of this toilet as fast as you can, when the above have died off..return-maybe!!

By G.V. Summers

Nov 2, 2008 5:51 PM | Link to this

I totally agree that Margret Mills deserved the good life. The problem is the way she financed the good life and that was off the backs of the hard working local merchants of downtown Waco. It appears many people, Mrs. Mills included, have the belief that public money amounts to personal money that can be taken and spent as they see fit.
The violation of a public trust makes the crime that much worse. I don't care if she is old her sense of entitlement is warped. It would be an outrage and slap in the face to all the hard working and honest citizens of Waco if there is no jail time assessed.

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