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Judge to stay in PEC-theft litigation

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27. Nov, 2009 0 Comments

A motion to recuse 424th District Judge Dan Mills from future criminal court
proceedings in a money laundering case against a former executive and top
lawyer at Pedernales Electric Cooperative was denied Tuesday by visiting
Senior District Judge Bert Richardson. Richardson submitted his ruling
Tuesday, saying “these cases are now referred back to Judge Mills,” in
an e-mail he sent to lawyers involved in the case. On Wednesday, Mills said,
“I can’t comment on an ongoing piece of litigation, but they are still
seeking to keep me off the case,” a statement confirmed by defense
attorney Chris Gunter, who is representing former PEC general manager Bennie
Fuelberg. Fuelberg and the co-op’s former outside lawyer Walter Demond,
being represented by Gerry Morris, have each been charged with
misapplication of fiduciary duty in excess of $200,000, theft of property in
excess of $200,000, and money laundering between $100,000 and $200,000.
“We are going to ask the Third Court of Appeals in Austin to review the
decision and reverse it,” Gunter said Wednesday. “We think the world of
Judge Richardson, but disagree with his ruling.” For the full story, see
Friday’s Highlander.