Cricket sounds. That is all we have heard on this matter from PEC since the story broke last week. An early
test of the leadership of the new PEC board has thus far failed. Why no called meeting to discuss the matter? Why no resolution denouncing the injustice being done to the members (the aggrieved party) over this unusual sentencing modification on behalf of Mr. Fuelberg? Thanks to activist members (who brought the original suit that brought down the crooked house of Mr. Fuelberg) as well as the media, questions are being asked of Judge Garrett and the District Attorney’s office.
With their permission, I am sharing a letter just sent to the D.A. by members John and Erin Watson, Blanco County residents and long standing members of PEC. Mr. Watson’s previous letter last week to Judge Garrett has gone unanswered.
On Jul 27, 2015, at 12:39 PM, John Watson <firstname.lastname@example.org> wrote:
Open Record Request to DA McAfee relating to Bennie Fuelberg
Attached is the Open Records Request mailed to DA Sonny McAfee today. He should receive it tomorrow. This is an effort to understand the timeline and maneuvering in and around the modified Order of Sentencing entered by Judge Garrett. I have many unanswered questions about this seemingly revised sentencing to replace the Order entered by the trial judge, Judge Dan Mills. His Order was, in my view, well within his discretion. When a judge has used his discretion on a matter, when no new circumstances appear to have been brought forward (although this is hard to be sure about that as the matter was apparently broached verbally by Mr. Gunter, Bennie’s lawyer, directly with Judge Garrett and/or the DA’s office and evidently no written Motion or Application was filed or exists) by the defendant, then I have a hard time understanding on what authority or by what rationale another judge would, in effect, substitute his judgment about what is the appropriate way for Bennie to serve his time in jail.
I have yet to hear from my letter to Judge Garrett last week asking that he vacate his modified order, require Bennie’s lawyer to file a written Motion, give notice and hold a public hearing.
<Feulberg ORR-July 27.docx>
July 27, 2015
Mr. Wiley B. “Sonny” McAfee
33rd and 424th Judicial Districts
1701 E. Polk St., Ste. 24
Burnet, Tx 78611
Re: Open Records Request for information concerning Mr. Bennie Fuelberg
The requestors are residents and landowners in Blanco County, Texas. In addition they are long–time member/owners of Pedernales Electric Cooperative (“PEC”). Requestor John Watson testified at the trial and the punishment phase of the criminal trial of Mr. Bennie Fuelberg, former General Manager of PEC, at the request of Assistant Texas Attorney General Eric Nichols. As member/owners of PEC Requestors consider themselves to be victims of the felony crimes for which Mr. Fuelberg was duly convicted. Accordingly we had, and still have, a stake in all proceeding relating to the State of Texas v. Bennie Fuelberg, including the terms and conditions of his probation.
Requestors seek the information described below under the provisions of Texas Government Code, Ch. 552–Public Information. We also assert there are no exceptions that would allow the District Attorney’s office to withhold the requested information.
Please promptly furnish the following information, together with any requested documents or other information:
1. Copies of all email communications between (to or from) the District Attorney’s office, or any employee of such office, whether through an official government account or server or through the personal email accounts of any employee, and any of the following: Mr. Bennie Fuelberg; Mr. Chris Gunter; Judge Allen Garrett; Judge Evan Stubbs; Texas Attorney General’s office or any person employed by that office in any capacity; internal or intra–office email communications between any employees of District Attorney’s office with other employees; Mr. William Knight; any other employee of Blanco County Community Supervision office; Mr. Eric Nichols; Mr. Walter DeMond; and Judge Dan Mills.
2. In addition to the email communications between the District Attorney’s office and the individual and offices listed in No. 1 above, all other email communications between any party whatsoever and the your office pertaining to Mr. Bennie Fuelberg in any way whatever.
3. All telephone logs or records of all telephonic communications in your possession between your office and any person concerning Mr. Bennie Fuelberg. If any such telephonic communications were recorded on any recording media, please supply either a copy of the recording itself or a transcript of the recording.
4. Any and all other written communications received or sent by or from your office relating to Mr. Fuelberg.
5. All FAX communications received or sent by or to your office relating to Mr. Bennie Fuelberg.
6. All internal memoranda or notes prepared by employees of your office relating to Mr. Bennie Fuelberg, including any Memoranda to the Files of verbal communications, including telephonic communication, between any employee and any other individual.
7. All documents, drafts, orders, briefs or any other writing of any nature whatever your office filed with the office of Judge Allen Garrett, Judge, 424th District Court.
8. Appointment logs recording meetings relating to Mr. Fuelberg between any employee of your office with any of the following: Judge Allen Garrett; Chris Gunter; Bennie Fuelberg; William Knight; Judge Evan Stubbs; or any other individual whatsoever.
9. Copies of any notes, memoranda or other memorialization growing out of or resulting from any such meetings referred in No. 8 above.
We believe all the material sought by this Open Records Request should be made freely available to us under the provisions of Ch. 552. It is our hope that your office will adhere to the principles of a “public right to know” embodied in the Texas Open Records Act, and that you not seek to delay this request by asking for an Attorney General’s Opinion that such information can be withheld. There has been more than enough secrecy and dealings out of public view in the matter of the modification of the sentencing order for Mr. Fuelberg; to seek to deny the requested information would only compound the earlier mishandling of this matter.
We look forward to promptly receiving the requested material. Please send the requested material to: John Watson, 1404 Pedernales Hills Rd., Johnson City, Tx 78636. Please confirm receipt of this Open Records Request by email to: email@example.com.
John and Erin Watson, Requestors
1404 Pedernales Hills Rd.
Johnson City, Tx 78636