Harris County District Attorney elect slams Kim Ogg's 'scorched Earth' exit

Monday, December 16, 2024 7:54PM CT
HARRIS COUNTY, Texas (KTRK) -- As Harris County District Attorney Kim Ogg exits the office at the end of the year, she says she's leaving the incoming administration with a surplus of funds that have been seized in connection with criminal activity.

Now, 13 Investigates is learning donations made by the DA's office using a portion of those funds have skyrocketed since Ogg lost the primary election to fellow Democrat Sean Teare in March.

"She began trying to drain the fund the day after she knew she wasn't going to have access to the fund anymore," Teare told 13 Investigates.

When crimes are committed, police often seize everything from cash to cars. Some of those items and money are put into asset forfeiture funds that the DA's office can reinvest by donating to law enforcement agencies or nonprofits aimed at cutting crime and helping victims.

13 Investigates sent an open records request to the DA's office for data on money obtained through civil forfeiture and added to its asset forfeiture fund, as well as how that money was spent.



13 Investigates found Ogg donated more money in the months after she lost the primary than in the previous four years combined.

From 2020 through election day on March 5, 2024, Ogg's office donated nearly $1.2 million using asset forfeiture funds, according to the data.

But, nearly seven months after she lost the primary, Ogg's office donated $1.4 million of those asset forfeiture funds.

"It's got to be used for law enforcement purposes, and the organizations that we've selected all provide some kind of crime prevention service," Ogg said.

The largest donation so far this year was $760,000 to The Children's Assessment Center, a nonprofit that serves children who have been abused.



She also donated $75,000 to the Harris County Constables Pct. 1, $100,000 to the Girl Scouts of San Jacinto Council, and $63,235 to the University of Houston, among other organizations.

When 13 Investigates asked Ogg about the increased spending, she asked, "What's your point?"

"This is just an attempt by some people who are unhappy with me and my administration to turn good news into some type of negative story, and I told you, I'm just not playing that game," Ogg said. "These are lawful expenditures to great organizations doing very helpful things for our community. If the DA elect doesn't like it, he doesn't have to do it next year, but for now, I retain the authority, legally and in position, to do this."

Teare, who takes over the office on Jan. 1, calls the spending "unacceptable."

"The way that I intend to utilize the asset forfeiture fund is the way that it's been utilized historically, which is to facilitate law enforcement agencies around the county to do their job better," Teare said. "We have body cameras in this community because of asset forfeiture funds. I think that everyone can agree that it makes law enforcement more transparent. It protects everyone in any interaction. That's the kind of thing that asset forfeiture funds should be utilized for."



With just weeks before he takes office, Teare said he has issues with other last-minute efforts by Ogg, including when she just last week ordered prosecutors to recommend pleas of life without parole for all capital murder cases more than a year old.

Ogg said the two potential outcomes for a capital murder case are life without parole or the death penalty. She said prosecutors recommend life without parole on any capital murder case where they're not seeking the death penalty.

"Victims' rights are not about politics or the elected prosecutor. They're rights, and because I'm a victim's advocate and always have been, I want to ensure that this administration notifies these victims about the plea recommendation and that their rights are respected," Ogg said.

But Teare says the move sets those victims up for potentially unrealistic expectations.

When we told Teare of Ogg's claims that she's doing it for the victims, he said, "She's not."



"She can say whatever she wants, but she's not. She didn't operate that way for eight years. No DA's office in the country operates that way. She's doing it strictly to effectively scorch Earth the agency that she's run," Teare said.

Ogg claims that's just not true.

"You've got to be kidding me," she said. "I'd stand by my record all day long."

Ogg said she's leaving behind $13 million in litigation and is projected to be added to its forfeiture funds, both state and federal.

Teare said he intends to make sure funds were spent appropriately during Ogg's time in office.

"I can assure you that we're going to have a forensic audit done, not just of asset forfeiture, but of the mismanagement of the office from top to bottom within the first two months," he said. "I promise you we'll sit right back here, and I'll explain to all of your viewers how poorly it's been run."

For updates on this story, follow Kevin Ozebek on Facebook, Twitter and Instagram.

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