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Harris County judge who asked defendant for sex claims case was politically motivated

by Leigh Frillici / 11 News

khou.com

Posted on December 21, 2009 at 2:53 PM

Updated Monday, Dec 21 at 11:44 PM

 

HOUSTON—A Harris County judge who propositioned a DWI defendant hours after she appeared in his courtroom was sentenced to 30 days in jail Monday.

Judge Donald Wayne also received two years probation, a $4,000 fine and community service after being convicted of official oppression.

After posting a $5,000 bond Monday evening, Jackson told 11 News the entire case was a political conspiracy.

"If you think people over there have an agenda, they do and they have had all along," Jackson said.

The 18-year veteran of the bench said several Harris County District Attorney staff members had signed a petition for his opponent in the upcoming election.

"They should’ve recused themselves and given us a chance to get a special prosecutor out of Austin. Only they didn’t say a word and they didn’t tell anybody," Jackson said.

During the trial, Jackson's attorneys filed a motion alleging bias. The next day, the motion was withdrawn when the defense learned one of its own investigators had also signed the opponent’s petition.

When asked if he believed there was prosecutorial misconduct, Jackson replied, "Looks like it to me. I’m not the one to use that word."

Harris County District Attorney Judge Pat Lykos responded with a brief statement. It included the following: "This case was referred to us by the Federal bureau of Investigation... We respect the decision of the jury."

The charges against Jackson were brought after Ariana Venegas accused Jackson of offering legal help in exchange for a sexual relationship.

Venegas was a DWI defendant in Jackson’s court.

Jurors heard a secretly-recorded audiotape of Jackson responding to the allegations when confronted by an investigator with the district attorney’s office. At first, Jackson denied that he took Venegas to dinner, but later admitted it.

Jackson said it may have been foolish, but he "didn't break any laws."

"I’m not going to apologize to her. No. I didn’t do anything wrong," Jackson said Monday. "The only mistake I made was even talking to the woman in the first place."

During sentencing, the judge who heard the case had harsh words for Jackson.

"You demean what it is to be judge," said Judge Mark Ellis. "Not that you owe anything to us, but the people who work in this building as judges, we’re all tarnished by your stupidity."

"I think it tells the community that the idea down here -- that no one is above the law -- is still here," said prosecutor Lance Long. 

Jackson’s attorney was disappointed with the outcome.

"Judge Ellis gave us a very good trial. He’s a fair judge, as fair as he can be. I understand the sentence from his perspective. I don’t agree with it," said Dan Cogdell.

"I’m gonna appeal this case and all of these weird things that went on," Jackson said.

Jackson's wife was by his side after the sentencing Monday.

"The biggest apology I have is to my wife," Jackson said. "I made a fool of myself."

The Commission on Judicial Conduct will decide what happens to Jackson on the bench. In the meantime, he's been removed without pay.

 

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