Special to El Rrun-Rrun
The Texas Court of Criminal Appeals has remanded the case of former Indian Lake Police chief John Chambers and ordered the 13th Court of Appeals to reconsider its finding that there was sufficient evidence to warrant his conviction of intent to defraud the government and whether the state presented enough evidence to overcome his statutory defense.
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The court filed its opinion today.
Chambers appealed his conviction in state court that he had defrauded the Texas Commission On Law Enforcement by ordering an underling to falsify the handgun certification of volunteer reserve police officers saying that the TCOLE did not require that he keep records of weapon certification because they were not employed by the municipality.
Sine they were not government records required by law, he argued, he had not violated any laws.
"We...hold that the evidence was insufficient to support the intent-to-defraud-or-harm element and reverse the court of appeals’ determination that the evidence was sufficient," the majority decision reads. "However, we reverse and remand the case to the court of appeals to evaluate the sufficiency of the evidence to overcome (Chambers') statutory defense."
Chambers had argued that since the TCOLE did not require the certification to be kept and therefor he could not have committed a crime. However, the Court of Criminal Appeals found that "a record kept by the government for information is still a governmental record even if the government was not required to keep it.
"However, if the government has no legal authority to require the record, a person cannot defraud or harm the government by tampering with the record.
"Does this also mean that the falsification of the record in this case had no effect on the government’s purpose for requiring the record? That is unclear. We must remand the case to the court of appeals to consider that question because it was raised below but left unanswered."
However, a dissenter in the case stated that he agreed with his colleagues that "the evidence is insufficient to support the intent-to-defraud or-harm element.
"I also agree with the Court that the court of appeals failed to address the issue raised on appeal of whether the evidence was sufficient to overcome the statutory defense.
"I disagree, however, with remanding the case and would instead render a judgment of acquittal for Appellant because I find that the evidence is insufficient on the element of “governmental record.”
The case now goes back to the 13th Court of Appeals to follow the directives of the Criminal Court of Appeals.
The case against Chambers came as he was involved in a race for the Republican Party nomination for Cameron County Sheriff. He actually won the nomination, but his name was removed from the ballot.
Part of the investigation was carried out by members of the Cameron County District Attorney's Office Public Integrity Unit. It just so happened that one of his political opponents was Victor Cortez, was in charge of the PIU.
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In fact, during Chambers' trial, Cortez took an active role in his prosecution, huddling in the corridors with Asst. DAs and new PIU honcho George Delaney, who replaced him. (See graphic at right.)
Despite the convictions a month before the party primary elections, Cameron County Republican voters gave Chambers 3,395 votes, Cortez 2,662, Robert Rodriguez, 2,365 and Michael Watkins 2,182.
His removal from the ballot resulted in Cortez facing Rodriguez, who finished behind Chambers by 1,030.
When Chamber was removed from the ballot, Cortez went on to be the Republican nominee for his party in the general election and lost to incumbent Omar Lucio.
The Texas Court of Criminal Appeals has remanded the case of former Indian Lake Police chief John Chambers and ordered the 13th Court of Appeals to reconsider its finding that there was sufficient evidence to warrant his conviction of intent to defraud the government and whether the state presented enough evidence to overcome his statutory defense.
The court filed its opinion today.
Chambers appealed his conviction in state court that he had defrauded the Texas Commission On Law Enforcement by ordering an underling to falsify the handgun certification of volunteer reserve police officers saying that the TCOLE did not require that he keep records of weapon certification because they were not employed by the municipality.
Sine they were not government records required by law, he argued, he had not violated any laws.
"We...hold that the evidence was insufficient to support the intent-to-defraud-or-harm element and reverse the court of appeals’ determination that the evidence was sufficient," the majority decision reads. "However, we reverse and remand the case to the court of appeals to evaluate the sufficiency of the evidence to overcome (Chambers') statutory defense."
Chambers had argued that since the TCOLE did not require the certification to be kept and therefor he could not have committed a crime. However, the Court of Criminal Appeals found that "a record kept by the government for information is still a governmental record even if the government was not required to keep it.
"However, if the government has no legal authority to require the record, a person cannot defraud or harm the government by tampering with the record.
"Does this also mean that the falsification of the record in this case had no effect on the government’s purpose for requiring the record? That is unclear. We must remand the case to the court of appeals to consider that question because it was raised below but left unanswered."
However, a dissenter in the case stated that he agreed with his colleagues that "the evidence is insufficient to support the intent-to-defraud or-harm element.
"I also agree with the Court that the court of appeals failed to address the issue raised on appeal of whether the evidence was sufficient to overcome the statutory defense.
"I disagree, however, with remanding the case and would instead render a judgment of acquittal for Appellant because I find that the evidence is insufficient on the element of “governmental record.”
The case now goes back to the 13th Court of Appeals to follow the directives of the Criminal Court of Appeals.
The case against Chambers came as he was involved in a race for the Republican Party nomination for Cameron County Sheriff. He actually won the nomination, but his name was removed from the ballot.
Part of the investigation was carried out by members of the Cameron County District Attorney's Office Public Integrity Unit. It just so happened that one of his political opponents was Victor Cortez, was in charge of the PIU.
In fact, during Chambers' trial, Cortez took an active role in his prosecution, huddling in the corridors with Asst. DAs and new PIU honcho George Delaney, who replaced him. (See graphic at right.)Despite the convictions a month before the party primary elections, Cameron County Republican voters gave Chambers 3,395 votes, Cortez 2,662, Robert Rodriguez, 2,365 and Michael Watkins 2,182.
His removal from the ballot resulted in Cortez facing Rodriguez, who finished behind Chambers by 1,030.
When Chamber was removed from the ballot, Cortez went on to be the Republican nominee for his party in the general election and lost to incumbent Omar Lucio.