Perry special prosecutor facing questions over his own ethics
AUSTIN, TX (KTRK) -- Governor Rick Perry has called his indictments a farce. Some of his opponents called them sketchy. Now an Eyewitness News Investigation asks if Grand Jurors knew all they should have before indicting the sitting Texas governor.
By most accounts, San Antonio lawyer Mike McCrum is a well-known, well respected defense attorney appointed to look at the allegations against Governor Perry. Appointed to the post by a Republican judge, McCrum seems clear of political motivation - but his appointment in came in the midst of accusations of unethical, possibly criminal behavior by McCrum and despite assurances of a complete investigation, the governor's team suggests otherwise.
Mike McCrum told reporters Friday night, "I looked at the law, looked at the facts. I presented everything possible to the Grand Jury."
According to a source inside Governor Perry's team, that's simply not true. ABC-13 learned Perry's lawyers prepared a lengthy packet of information in Perry's defense for grand jurors, but it was never turned over to the grand jury.
We're told the battle over the Perry packet was even considered by the judge in the case, but still kept from the grand jury.
Joel Androphy, ABC13's Legal Analyst told us there's no law requiring it to be turned over, but "to hide something from grand jurors is inappropriate in my view."
Veteran prosecutors say packets like this are common and almost always turned over. In Harris County, the District Attorney has written rules mandating information like that be handed over to grand jurors. The Travis County D-A did not return a call seeking comment.
Past special prosecutors reached by ABC 13 say packets are routinely shared.
Perry Special Prosecutor Mike McCrum didn't respond to two phone calls and two emails asking why he didn't. Friday he said he used his own discretion to keep Governor Perry from testifying himself.
Joel Androphy, ABC13's Legal Analyst can't understand the decision, "I would question the motives of the prosecution in this case as to why they didn't present the defense version of what it happening here. That is for the grand jury to decide."
It's not the only question facing McCrum. Since January, McCrum has been fighting allegations he hid a witness from prosecutors as a defense attorney.
McCrum represented Taylor Rae Rosenbusch, a Bexar county woman accused of intoxication manslaughter. The trial was held in the fall of 2013. During the penalty phase of the trial, McCrum subpoenaed Melanie Little, a San Antonio substance abuse counselor. Little testified about the defendant's substance abuse issues and was sent home - but told by the judge she would be subject to recall. It is a court term meaning she could be asked to come back and testify.
When prosecutors tried to find her to testify for them the next day, Little couldn't be found.
They looked at her home and her office and repeatedly called but couldn't track the woman down.
According to a sworn statement from Melanie Little, it was due to McCrum's instructions. Under oath, Little wrote, "He (McCrum) suggested I should turn off my phone and not to check my messages. I don't remember exactly how he said it. I told I wanted to call Eric (the prosecutor seeking her testimony). He said not to call him. I asked him to at least tell Eric that I was not going to show up. Mike McCrum said that the DA was out for blood, and those guys were being obsessive (to the effect the state was more concerned about winning than justice)",
The statement continues with Little writing, "He (McCrum) said, I cannot tell you what to do, but if it was me, I would turn my phone off because they can track it and stay away from the last place you used it. He said it it were him, he would not go home and for me to find a place to stay for the night. That is what he would do."
After reading the statement at ABC-13's request, Meredith Duncan, a legal ethics expert from the University of Houston Law Center told us, "That's what movies are made of, it's not real life practicing law." Duncan continued, "If it happens once, I think we're permitted to question if it might happen again," expressing concern that past allegations could allow texans to add a layer of doubt to Governor Perry's current case.
"Now these accusations against Governor Perry may be called into question based on Mr McCrum's alleged previous conduct."
Neither McCrum nor his attorney responded to our calls on this matter either.
(Read DA's Contempt filing here)
McCrum's contempt case is currently before the Texas Court of Criminal Appeals. McCrum's attorney has said in the past this matter is behind Mr. MCrum. The San Antonio DA says they will continue to fight. Perry's lead lawyer said he did not know McCrum and had no comment.
