A Harris County judge has agreed to postpone the securities fraud case against suspended Texas Attorney General Ken Paxton until after his impeachment trial in the Texas Senate.
Judge Andrea Beall set the next hearing in the criminal matter for October 6th. Paxton’s trail in the Senate will begin September 5th.
The hearing lasted less than 10 minutes, with Paxton seated behind his lawyers. He did not speak in court and was spirited in and out of the courthouse through a back door, avoiding reporters.
Paxton has been under indictment in Collin County since 2015. He is accused of helping solicit investors in Servergy Inc. without disclosing that the McKinney tech company was paying him to promote its stock, and with failing to register as an agent. Bickering over the judge, the venue , pay for special prosecutors and appeals have delayed the case for more than eight years.
Special prosecutors, appointed by the court, successfully removed the venue from Collin County to Harris County. They presented evidence that there was little chance they could get a fair jury in Paxton’s home county, where he remains popular and where his wife is a Texas State Senator. The Texas Court of Criminal Appeals ultimately removed barriers and is allowing the case to move forward in Harris County.
But there is a chance the criminal case may not go at all.
“Logically, if he’s impeached in the Senate he would have greater motivation to resolve this case on whatever basis because his political career would be dead” said Dan Cogdell, Paxton’s lead defense attorney.
It is an opinion shared by the chief special prosecutor.
“If Paxton is removed, I think it increases, radically, the chances for a resolution of the state cases” said Brian Wice.
Paxton’s impeachment trial includes the securities fraud elements, but also expands much further with 20 articles of impeachment that alleged years of misdeeds. Cogdell also confirmed that Paxton is still the target of a federal investigation.
“I believe that they are still investigating witnesses. I think that case will go nowhere at the end of the day because I’m familiar with the facts. But they are still investigating” said Cogdell.
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