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Old 01-04-2005, 10:46 PM
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Default Judge: 'Forgiveness' rule covers official

Copyright © 1999-2005 Odessa American. All rights reserved.
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Judge: ‘Forgiveness’ rule covers official

Doctrine says Galindo can’t be removed for acts committed before re-election
By Ruth Campbell
Odessa American

Under Texas’ “Doctrine of Forgiveness,” Reeves County Judge Jimmy Galindo
can’t be removed from office for acts he supposedly committed before his
re-election in 2003, a district court judge has ruled.

Galindo and former county commissioners Felipe Arredondo and Herman Tarin
are accused of acts of official misconduct and acts of incompetence.

The lawsuit, filed by Pecos resident Robert L. Hanks, was divided into two
parts, 143rd District Judge Bob Parks said. One includes the request for
removal of Galindo, Arredondo and Tarin. The other contains all other
claims, Parks said.

Arredondo lost his bid for re-election and Tarin did not run.

The forgiveness doctrine, which Parks said has always been part of state
law, prohibits an official’s removal from office for acts committed in a
previous term in office.
Parks referred the criminal accusations to the Reeves County District
Attorney and Reeves County attorney, according to an order issued by Parks.

According to the order issued by Parks, the only grounds for removal is the
decision by the Reeves County Commissioners Court in the summer of 2001 to
build the 960-bed Reeves County Detention Center III.

Efforts to reach DA Randy Reynolds were unsuccessful Monday. Parks said he
also explained to Hanks how to file a criminal case, including how he can go
before a grand jury.
As for Hanks’ other claims, which are still pending, Parks said Hanks has to
decide who he wants to sue and serve them with copies of the lawsuit.
According to the suit, Hanks wants:
>> Commissioners to nullify a contract with Washington, D.C., lobbyist Randy
DeLay, brother of House Majority Leader U.S. Rep. Tom DeLay. Randy DeLay was
hired to help Reeves County lobby to get more federal inmates from the
federal Bureau of Prisons.
>> Reinstate employees moved to jobs with the Reeves County Detention Center
from other county offices.

RCDC has three units — R1 and 2 house inmates from the federal Bureau of
Prisons and unit 3 houses inmates from the State of Arizona. GEO Group,
formerly Wackenhut, manages the prison for the county, which owns the
facility.

Hanks’ lawsuit also claims Galindo and commissioners built Reeves County
Detention Center Unit 3 knowing it would not get inmates from the federal
Bureau of Prisons, leading to the near financial ruin of the county. The
suit also claims nepotism on the part of Galindo, conflict of interest and
refusal to provide public information.

The Texas Rangers have confirmed that there are several investigations going
on in Reeves County, but Lt. Bob Bullock said he could not comment further.

Along with the Texas Rangers, the FBI is also involved in the multiagency
probe, Bullock said.

Ken Winkles Jr., president of Winkles Trucks Inc. in Pecos, confirmed he had
six trucking records subpoenaed by the FBI.

About two or three years ago, Winkles said the trucking company hauled six
loads of trees into town for the golf course. Two of the invoices were paid
for by County Judge Jimmy Galindo and four by Reeves County, he said.

Texas Ranger Brian Burzynski told the Odessa American in a previous story an
investigation is under way into tampering with government documents at the
Reeves County Detention Center.

The investigations stem from Hanks’ lawsuit.

Parks dismissed Hanks’ suit in August. It was originally filed July 27 and
amended July 29. The new filing wants the court to require Galindo to stop
all nonessential spending.
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