Wednesday, March 5, 2014

The Logic Behind Attorney Kelly G Rogers and Mitchell R Nolte's Delay Strategy

Today I received an anonymous email. It laid out a theory as to what's behind the strategy of delay, delay, delay executed by Der Slick Meister and his lawyer Mitchell Nolte. 
I have no idea who sent it but it makes perfect sense and I had to share it with all you legal eagles. It goes something like this:

This is an election year. The Collin County primaries are scheduled for March 4th, 2014 with the main election this fall. The District Attorney and a bunch of judges are up for reelection including;
  • Greg Willis - District Attorney
  • Scott Becker - Judge of 219th District Court
  • John Roach Jr.- Judge of 296th District Court 
  • Ray Wheless- Judge of 366th District Court
  • Cynthia Wheless- Judge of 417th District Court
  • Jill Willis- Judge of 429th District Court
One of those Judges NOT up for reelection is Judge Mark Rusch.
However, when an election takes place, opportunities present themselves for individuals to move up and better their careers. They fill positions vacated during the normal election cycle.
So lets assume for a minute that Kelly G. Rogers and Mitchell Nolte have read the tea leaves and know Judge Rusch is going to blast Rogers with both barrels.
They know Kelly G Rogers will be the quintessential example of what happens to vultures who pray on friends, neighbors, fellow parishioners and the business community at large.
While it's a jury who'll decide the sentence, it's the Judge who holds discretion over whether each count will be served "Consecutively" or "Concurrently" and many other responsibilities.   
But let's assume he's in line to get a sentence similar to Karen Bowie who got 80 years in confinement in the TDCJ. They know he's going to jail, it's just a question of how long.
So by delaying, maybe they can catch a break and Judge Rusch gets elevated to a new position. The theory goes that a new kinder, gentler judge is assigned or elected and would go soft on Rogers because they don't have the same view on justice as Judge Rusch. As a result, Rogers gets only 5 years rather than 80.
So while I couldn't believe what I was reading, it did make a lot of sense to me. So what are your thoughts?  Is it possible? Someone please tell me that it's not possible! Yuck.


Anonymous said...

This theory doesn't fly. First, I didn't see (or look for) a notice to consolidate all of the various claims into one prosecution, but if that's what the state is going to do (and it must do so 30 days before trial), any sentences must be run concurrently pursuant to Texas Penal Code Section 3.03(a); the judge has no discretion in that regard. Only if the State tries each case separately could the sentences be stacked.

Second, what higher position do you think Rusch is possibly angling for? Nothing. This is preposterous. He's got complete autonomy as a district judge, and as long as he doesn't draw an opponent, he's undoubtedly happy to sit there until retirement, when he can then become a visiting judge. He's not going to go BACK to the DA's office and become an underling to the DA when he can preside over his own domain with, apparently, no challengers. Besides, no one gets elected in Collin County being soft on crime, so that wouldn't be a decent strategy on the part of the defense.

Maybe the State is not as ready as you think. The docket doesn't show that anyone filed a motion for continuance, so that decision must have been approved by the State. Plus, why is it not set for trial in May? It's only set for an announcement, which is usually a routine setting. Mayber there will be no trial in May, either. Boo hoo.

Anonymous said...

Has anyone heard whether any of these scoundrels losing their homes have remained married through all of this mess?

Anonymous said...

I don't see that as really happening, unless Judge Rusch moves to an appellate court, Judge Rusch is the administrative law judge in Collin County, so he is at the highest position in Collin County. If you look through the Roster of Judges, I don't see any Judge that would be less punitive. Judge Ben Smith is barred due to the fact that he was a specialized crimes prosecutor. Judge Becker is a former prosecutor and had earned a reputation for handing out harsh sentences. The remaining judges are equally harsh. Judge Roach, jr. Might be even harsher than Rusch. I think the delay is simply to just buy enough time and days to keep Rogers out of jail. It is a strategy that has worked. Under the prior administration, Rogers would have remained in jail, the current administration has not been nearly aggressive enough in my estimation. If Rogers gets even a 25 year sentence it is virtually a life sentence. Although eligible for parole in a few years, the Parole Board allows victims to protest release. When Rogers is convicted and if he elects to have a judge assess his punishment, there isn't a judge anywhere that would give him less than 25 years. Just my thoughts

Shining the light of truth on Kelly Rogers said...

Excellent comments. Last year in one of the hearings, we heard Judge Rusch clearly say that it was up to his discretion whether he serves these sentences concurrently or consecutively as part of a stern beat down on Rogers.

Second, on 3/17/2013 the state submitted a motion to consolidate all indictments for trial. So what would that mean in terms of the sentence?

Anonymous said...

I don't see how people who kill someone can be out of prison in 10 or 15 years and some scam artist is in for 25 years. Not saying the scam sentence should be shorter, it shouldn't, but when someone commits murder they should be locked up forever, and only get one hour out of their dark hole every 3 days to take a shower or a short walk to see what semi freedom is. Seem inhumane? Well the victim didn't get anything but death in this life from the animal. Too much humane treatment is off the table in my opinion. They should pay the price. Scam artists should have their freedom taken away just like they took away the freedom of those they cheated. Taking someone's savings is a serious serious crime only committed by the worst warped dregs of society. This whole group was part of a large group of related con men back to the Correll ponzi scheme and everyone they officed with. They should all go to jail IMO.

Anonymous said...

I disagree to some extent on the first posting. The Motion for Continuance was in fact filed by Rogers counsel. The state is more than ready, my god how much do you want them to file? The case is set for pre trial in May, you have to look on all the cause numbers to see it. This case will go to trial in May, rest assured. Rogers is buying time just like anyone else in his position would, it will come to an end in May and he will be found guilty on all counts. The State has plenty of time to file a motion "to stack" if they elect to. As I said a 25 year sentence concurrent or consecutive is in essence a life sentence for him. There will be hundreds of protest letters written in opposition to Rogers parole. Bear in mind that there is possibly a Federal case looming and that will not come until after the State cases are disposed of. It's going to happen in less than two months, it will not be reset again, Judge Rusch is affording Rogers his last chance to avoid any legal maneuverings on appeal. Be patient. Revenge is best served cold.