JP candidate comes out swinging on Kleinert case

Harry at the 2018 primary ballot draw.

The U.S. Supreme Court tapped the brakes Tuesday on Travis County’s four-year effort to prosecute Charles Kleinert for the accidental shooting of Larry Jackson Jr. 

The High Court refused to hear the case, which is a victory for the taxpayers and responsible government spending, according to a press release (see below) from the unopposed Republican Primary candidate for Travis County Justice of the Peace Precinct 3.

Martin Harry, Republican candidate for Justice of the Peace for Precinct 3 in Travis County (JP3), alleges Travis County elected officials violated state ethics law, wasted tax dollars and used federal courts to advance a political agenda. 

Today, the United States Supreme Court ended Travis County’s four year failed effort to prosecute Charles Kleinert for the accidental shooting of Larry Jackson, Jr. when it refused to review the case. 

Jackson’s death sparked protests amid claims that Jackson, a black man, was intentionally and deliberately murdered in July 2013 by Kleinert, a white police officer. 

Despite being cleared of wrongdoing by the Obama Administration, Travis County’s former district attorney, Rosemary Lemberg, pursued prosecution and obtained an indictment against Kleinert for manslaughter. A federal judge ruled, however, that Travis County, acting on behalf of Texas, could not prosecute Kleinert because he was a federal law enforcement officer.  

On appeal, Travis County lost, but not before the Court of Appeals noted that a police officer testified that an employee of Travis County had asked him to falsely testify that Kleinert’s conduct violated police department policy and usual practices. He refused, saying it would be perjury.  

According to Harry, “Travis County has continued to litigate the case against Kleinert for political reasons when the law is quite clear that Travis County has no authority to prosecute a federal officer.” He adds that “The actions of elected officials of Travis County and the City of Austin, which paid huge amounts to Jackson’s relatives, have fostered division and community disenchantment with police by perpetuating the belief that Mr. Jackson was murdered by Mr. Kleinert when the facts show it was a tragic accident. At the same time they demanded exorbitant property taxes, Travis County and City officials wasted untold tax dollars in a failed effort to appease parties connected to them politically in violation of their fiduciary duty to all City and County residents.” 

Furthermore, Harry alleges that Travis County violated Texas ethics law. State law requires disclosure of “interested parties” (as defined by law) before contract approval. 

When Travis County agreed to hire an outside law firm, the firm filed what appears to be a false affidavit stating that there were no interested parties. 

When a contract modification was later approved, no new affidavit was required by the county, contrary to law. Additionally, records show that Travis County agreed to pay the law firm an additional $20,000 for work performed prior to written approval for which the county had no obligation to compensate. 

When Harry announced his candidacy for JP3, he stated, “The first obligation of county public officials must be to uphold the Rule of Law.” With today’s decision by the Supreme Court, Harry reiterates that “Using the courts to promote personal political objectives is an abuse of power that must not be tolerated, whether or not we agree with the objectives sought.”

Add this to the stack of reasons why voters should pay attention to county races on the March 2018 primary ballot.