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    My name is Melissa Hopkins, and I am the founder of the blog, Politically Charged.org, which is dedicated to issues surrounding the American system of justice and governmental abuse of power.  Before becoming a national blogger, I worked 8 years with a national newspaper based in Washington, DC. I have covered the cases of former New York Gov. Elliott Spitzer, the Duke Lacrosse case in North Carolina -- and the subsequent legal action taken against Durham County District Attorney Mike Nifong who’s prosecutorial misconduct was finally fully exposed-- and the current case of Senator Ted Stevens with the US Department of Justice, which was just recently thrown out by the judge due to potentially criminal misconduct by the prosecutors.  I have also written about Caddo County Prosecutor Paul Carmouche and the police killing of an unarmed African American man in Shreveport  -- where the District Attorney refused to even consider prosecution of the officers involved, even though the in-the-back shooting was all caught on tape. AND I have written extensively about Travis County's own, former District Attorney Ronnie Earle's repeated pattern of overstepping his legal authority and the incredible lack of disclosure from the Public Integrity Unit.

I am now before this committee to specifically address the abuse I have uncovered in the Public Integrity Unit and what appears to be a common practice of this office - that it literally, is repeatedly trading the dismissal of charges for cash.  This is more than highly suspect and very troubling.  In fact, if private citizens engaged in similar practices, they would be charged with extortion.  The Department of Justice last year sent out a new policy letter to their attorneys banning a similar practice of requiring money to be paid to outside entities before they would drop charges.  Many of you on the committee may not have been aware that the Public Integrity Unit was doing this kind of activity. There seems to be no oversight or transparency, so why is this allowed to occur?  The system is flawed because whether or not actual abuse has occurred, -- it could – especially without disclosure of these activities.  This unabridged power must be brought under the system of checks and balances and HB 1400 is a step in that direction.

The fundamental problem with the current structure of the Public Integrity Unit and its responsibilities for ethics; motor fuels and certain insurance regulations is that the lack of transparency, oversight, and disclosure opens the door to unfettered abuse.  The Travis County District Attorney's office certainly appears to have a history of abusing its power – such as in the LeCresha Murray case, which was eventually overturned after a young teenage girl spent years in an adult prison, the Yogurt Shop murders, and the Italian Gourmet Foods case, -- all illustrate and suggest there were abuses from the Public Integrity Unit. It also begs the question -- are abuses happening in other cases that we may not even know about.  But, the public has no insight into these activities and no legal recourse to demand full disclosure. Many requests for the office to disclose their activities have been repeatedly denied.

One more example is the dismissal agreements made between the Public Integrity Unit during the Ronnie Earle/Rosemary Lehmberg tenure and with several corporations who were charged with felonies by the Public Integrity Unit. Their dismals read that,  “in consultation with the District Attorney” the charges would be dropped because the corporations agreed to pay an undisclosed amount of money to an undisclosed entity for the purpose of setting up an educational program about corporate influence on politics. A formal open records request to the Public Integrity Unit on how many corporations agreed to this request, how much money was given and to whom – has been denied.

In an Austin American Statesman story from February 22nd, 2008, a former Earle assistant District Attorney revealed where at least some of the money went -- the article stated:

            “…Earle, when pressed on the matter, said that some of the money is in a trust fund created by a defense lawyer and another amount went to the LBJ School at the University of Texas, which was to produce a still undefined program. UT Assistant Dean Jeff Patterson said school officials are in internal discussions on how to use the funds, and it remains in an investment account.”

Patterson further stated in the article that Earle never told them how to spend the money, so they have the money on hold.

Why will the Public Integrity Unit not disclose how much money there is, where all of it is, and how it will be spent? All citizens of the state of Texas should be able to have those answers.

In another example, of a highly publicized statewide case, prosecuted under Public Integrity Unit, the grand  - jury's - foreman went on record on WLBJ radio to say he didn't - even - need to look at the evidence during grand jury proceedings because he already knew the defendant was guilty. Repeated motions have been brought before the Public Integrity Unit for complaint resolutions and full disclosure of evidence -- and they have been repeatedly denied. Without a statewide grand jury, and statewide oversight on these grand juries - in statewide criminal cases - it would appear to allow unequal representation --because only one county, one District Attorney and one grand jury system --prosecuting state-wide cases, make it wide open for abuse.

As a long time blogger, I attended the Netroots Nation bloggers conference held in Austin last July and heard former District Attorney Ronnie Earle speak at one of the panel presentations.  Earle's statement during the panel was rather breathtaking when he commented, and I quote, "the law does not define justice, the law does not define justice anywhere, therefore I must make up my own definition".  

I thank the committee for the opportunity to speak today and urge the passage of HB 1400.