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Lawmaker to investigate Montgomery County DA's 'slush fund' 
12:02 AM CST on Tuesday, February 19, 2008
Following an 11 News Defenders investigation, the chair of the Texas Senate Criminal Justice Committee pledges to hold hearings this spring to investigate the spending of local drug forfeiture funds.
Sen. John Whitmire said he plans to call Montgomery County District Attorney Michael McDougal to testify.
The Defenders discovered McDougal spent thousands of dollars in seized drug money on barbecue and Christmas parties, including purchasing alcohol on one occasion. Check reconciliation records also showed McDougal wrote birthday checks to members of his staff, and gave forfeited drug money to his favorite charities, some of which he served as a member of their board of directors.
“Why can’t we use some of this money for what it was intended?” Whitmire said. “It’s no accountability; it’s just clear and simple.”
But McDougal previously defended his spending habits.
“We get the money, we get to do with it as we see fit, basically, as long as it’s an official purpose, and official purpose is not defined,” McDougal said.
Whitmire said that language in the current Texas law is too broad, ripe for abuse and needs to be changed.
“We need to put some teeth into it and hold them accountable,” Whitmire said.
Specifically, the Criminal Justice Committee Chair plans to add a provision in Chapter 59 of the Texas Code of Criminal Procedure that would allow the State Auditor’s office to come in and review the books of drug forfeiture funds. Whitmire tried to add the same language last legislative session, but his bill was blocked by a group of district attorneys throughout the state.
According to the Texas District and County Attorneys Association, the concern was another portion of Whitmire’s bill, which called for a percentage of forfeited drug monies to fund local drug courts.
As for the prospect of more oversight of expenditures, TDCAA Executive Director Rob Kepple did not anticipate resistance.
“Fair enough, I don’t think there’s any heartburn about that,” Kepple said.
A closer look at where the money is going can’t come soon enough for government watchdogs, like Fred Lewis of Austin.
“Nobody’s minding the kitty, and as a result, public funds are being wasted,” Lewis said.
Inside KHOU.com
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