HOUSTON – Channel 2 Investigates has learned the Harris County district attorney is trying to reopen and retry a criminal case against a high-profile Houston attorney that was dismissed late last year at the direction of the previous district attorney.
"I am aware that there are conflicts of things he said and the things that were certified to, and that's exactly why we wanted to do more due diligence and find out exactly what was going on," First Assistant District Attorney Tom Berg said Friday.
Tony Buzbee, 48, who is one of the most successful civil litigation attorneys in the U.S., was charged last March with misdemeanor DWI.
In December, shortly before then-District Attorney Devon Anderson left office, she personally signed a document that dropped the case.
Then, last month, according to the Harris County District Attorney's Office, the case was expunged from the record.
"Part of his agreement with the other administration was for an immediate expunction," Berg said.
But the new administration, led by District Attorney Kim Ogg, now wants to reopen a file that was technically wiped from the record, per court order.
Civil District Court Judge Robert Schaffer is considering the motion filed by DA's office, according to the DA's office.
Schaffer would not discuss the matter Friday.
Attorney, Buzbee sent two email messages Friday to Channel 2 reporter Joel Eisenbaum regarding the DA's effort:
Sent: Friday, March 3, 2017 3:52 PM
To: Eisenbaum, Joel
Subject: Re: KPRC-TV: NEWS STORY TONIGHT
"I don’t think anyone has suggested the agreement of dismissal is not valid. Instead, as I understand it, the DA’s office has filed a frivolous motion attempting to set aside the judge’s order of expunction. I haven’t actually reviewed the motion that was filed, but I am told that Ms. Ogg’s position is the agreement of expunction made with one of her prosecutors (after she was elected) is not valid because she claims that assistant DA (who also is General Counsel for the DA’s office) didn’t have her authority to agree to the expunction. I think her position is absurd. And, I think any legal expert would agree her position is meritless—even those in her office.
"I never met the previous DA, Devon Anderson. And I haven’t had the pleasure to meet Ms. Ogg. I can’t tell you what eithers' motivations were or are. I don’t typically have dealings with the District Attorney’s office. All I know is that I did all the previous DA asked of me and my case was dismissed. Had it not been dismissed, I was prepared to try it and win it in Court."
Sent: Friday, March 3, 2017 4:21 PM
To: Eisenbaum, Joel
Subject: Re: KPRC-TV: NEWS STORY TONIGHT
"If the motion was filed under seal then who is providing your information? Also, the expunction laws are very strict. Is the DA discussing matters that have been expunged? Has a crime been committed?"