Bryan/College Station Eagle - Romei trial put off till fall

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Published Tuesday, July 29, 2008 6:05 AM

Romei trial put off till fall

By APRIL AVISON
Eagle Staff Writer

The criminal trial of a former Brazos Valley arts director has been postponed until November after the judge said it was the first date on his docket that would allow for what's expected to be a lengthy case.

P. David Romei originally was scheduled to face felony theft charges in a Brazos County district courtroom on Aug. 12.

Romei, who led the Arts Council of Brazos Valley from 1998 to 2005, was indicted last summer on charges of theft by deception and misapplication of fiduciary property. He is accused of accepting money from the city of College Station but misrepresenting how it would be spent, as well as seeking reimbursement from the Arts Council after making political contributions.

He's also charged with using an Arts Council credit card for personal vacations and to pay for relatives to fly to Texas.

Romei's lead attorney, Richard "Racehorse" Haynes, requested a continuance earlier this month, citing concerns that he may not be finished with a pending trial in another county.

The request was denied, but a couple of days later District Judge Steve Smith decided to postpone the Romei case to Nov. 10, citing docket issues.

While it originally was scheduled to last eight days, courthouse officials said they now believe the trial could last more than two weeks.

Smith's court coordinator, Tiffany Jakubik, said Monday the delay also is caused in part by the case of Darnell Hartsfield, a defendant in the notorious "KFC murders," who is set to go before a visiting judge in Smith's courtroom in September.

Hartsfield is accused of going with his cousin to a KFC restaurant in Rusk County, abducting five people and executing them in a nearby field. The crime occurred in 1983, and a change of venue allowing the case to be heard in Brazos County was granted in May.

Judge Smith is set to serve on the bench in Rusk County during the week of Sept. 8, while jury selection is scheduled in the Hartsfield case. Smith is expected to return to Brazos County to handle his own docket during the rest of the KFC trial, which is set to begin Sept. 15.

The Romei case now falls six days after countywide elections in which District Attorney Bill Turner, a Democrat, is up for re-election. Rick Davis, a Republican and former district judge who several years ago was publicly reprimanded by the State Board on Judicial Conduct for his behavior in dealing with the DA's office, is running against Turner for the top prosecutor seat.

Turner said Monday that he doesn't have any major concerns about the postponement of the Romei trial.

"This is nothing out of the ordinary, as far as I'm concerned," he said. "The defense made a request for a continuance that was denied. The judge later reset the trial date because he was double-booked."

The district attorney added that he doesn't think the delay necessarily benefits either the defense or the prosecution.

"I'm of the belief that juries make their decisions based on the evidence," Turner said.

Haynes said Monday he would like to see his client's case go forward quickly. He said he asked for the continuance because of his heavy caseload. The continuance did not specify a preferred trial date.

"I stay pretty busy for an old man," the 81-year-old Haynes said Monday. "It gives both sides more time to get ready, but [a delay] is a problem for Bryan, Texas. I think it's best to move forward."

Since Romei's indictment in August 2007, the case has taken several turns.

Romei's attorneys were denied a request for a new prosecutor in October. In November, Romei's lawyers asked that Gaines West, an attorney for the Arts Council, be questioned under oath about whether he improperly shared confidential information about Romei with authorities. West agreed to the deposition and said under oath that he did not reveal any privileged information about Romei.

Romei hired Haynes -- often referred to as one of the top defense attorneys in the nation -- in December.

Linda Chateau, a local artist and vocal Romei supporter, filed open-records requests in April for Arts Council board meeting minutes and all communications between the arts council and local media outlets. Chateau also asked for lodging, food and travel reimbursement paperwork for the Arts Council's current executive director, board president and past president.

The Arts Council has maintained that some of the documents are exempt from disclosure under the Texas Public Information Act and filed paperwork with the attorney general's office asking that some of the information remain sealed.

The Attorney General's Office issued a ruling that, according to an Arts Council filing, did not completely address the agency's request, so a judgment was filed July 17 requesting clarification, according to court documents.

West, the Arts Council's attorney, was in court in Austin on Monday and could not be reached for comment.

• April Avison's e-mail address is april.avison@theeagle.com.

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37 comment(s) found!

Posted by: On: 7/31/2008

Comment Title:
I am adding an "ick" to my previous post. The Brazos County Courthouse is just nasty. The stories of adultery and other illicit activites I know to be true are mindboggling.Does this surprise me? Nope.

Posted by: Lisa On: 7/29/2008

Comment Title: Get a life, people.
This is a big thing for a little town.

Posted by: On: 7/29/2008

Comment Title: Haynes is confused
Haynes wants things to move forward so he requests a continuance? Perhaps Haynes is demonstrating that his faculties are failing so that Romei can request a new attorney and get things delayed even further.....at least until a new, friendlier DA can take office. Can't wait to see what the next delay tactic will be. David is full of drama. Someone should make this a made for tv mini-series.

Posted by: ARK On: 7/29/2008

Comment Title: David
Really, I suspect that most in town do not hate you so much as we are deeply disappointed in you and we pity you.

Posted by: Molly On: 7/29/2008

Comment Title: Both
A filing and a suing was both done. Poor April gets it all mixed up.

Posted by: Molly On: 7/29/2008

Comment Title: Slim
What do we call Bush and Clinton , do they have dark sides?

Posted by: On: 7/29/2008

Comment Title: read
filing paperwork and filing a lawsuit are two very different things.

Posted by: Sabrina On: 7/29/2008

Comment Title: Constant Reminder
I was driving the other day and passed a building named for P. David Romei. Talk about constant reminder about this trial.

Posted by: A.J. On: 7/29/2008

Comment Title: Reality Check
The last time I checked, it was the Courts and DA who were prosecuting David Romei - not the ACBV! Does it strike others as odd, that some posters here (Romei and Chateau) are attacking the Arts Council for acting appropriately in bringing to light the alleged illegal activities of the former Executive Director. You are right if you say "let justice run its course", but don't shoot the messengers.

Posted by: On: 7/29/2008

Comment Title: Read up on your facts
Has anyone checked to see how much money the Arts Council is wasting in attempt to smear David Romei? Do check it out .. it's about 5 times more than he was accused of stealing. Key word here: ACCUSED. This is freakin' America people .. we are supposed to be innocent until proven guilty in a court of law. Pity to those who've lost sight of what makes this country great.

Posted by: Christian On: 7/29/2008

Comment Title: God
You stone throwers should remember these words, "He who has not sinned cast the first stone." What is the basis of your hatred against any human, especially David Romei? Your hate and envy reflects more upon you and your guilt than upon him. Before you hang your enemy, please be fair and await justice. We are all sinners, and your accusations reflect poorly upon Christianity.

Posted by: ARK On: 7/29/2008

Comment Title: As the Council Turns
Every community needs a bigger than life ego maniac. What are we going to do when Romei moves on. I can't imagine that there is anyone remotely aware of this case that does not recognize that he is posting and boasting on his own behalf. I am serious when I say that it is good for us to have people this eccentric around. Unfortunately, Romei went to far to the dark and slimy side. A lot of the people who he is slamming had stood behind him when he was being, in my opinion, unfairly attacked certain members of the College Station Council. Sadly, he ended up justifying their mean spirited accusations. How dare anyone question David. Do and become a villain to be attacked by him. While anger is warranted, pity is really what he deserves. There was a time when I defended him, I did so knowing that he had a dark and slimy side, I just did not know its depths.

Posted by: Ben On: 7/29/2008

Comment Title: Tip of the iceberg
Hey David, nice Italian Greyhound. Must have cost a pretty penny. I hear they make good, but expensive gifts, too!

Posted by: John On: 7/29/2008

Comment Title: More Perspective
If David Romei didn't want to be prosecuted by Bill Turner (or anyone else for that matter!) perhaps he shouldn't have STOLEN MONEY from the Arts Council to, among other things, make political donations to, among other people, BILL TURNER!!! Talk about chickens coming home to roost!!! This is mini-series material! LET JUSTICE BE SERVED!

Posted by: Duffelpud On: 7/29/2008

Comment Title: Pass the Popcorn
This is the best entertainment tax money can buy.

Posted by: Molly On: 7/29/2008

Comment Title: To MB
The cost of the Open Records, was that past on to the Requester

Posted by: On: 7/29/2008

Comment Title: Some perspective required
Let's get real people! Does anybody honestly believe that the Arts Council would be doing anything other than being squeaky clean and meticulous in their current actions? If for no other reason than the close and warranted scrutiny placed on it by the public, brought on by the (alleged) criminal actions of its previous director. Does anybody honestly believe that they they didn't move heaven and earth to appoint a trustworthy and competent replacement for said (alleged) criminal? The current attacks on them are purely smokescreens and diversions to deflect attention from what we all need to be focusing on - the rightful prosecution of the former Executive Director for the (alleged) criminal acts perpetrated by him.

Posted by: B/CS Observer On: 7/29/2008

Comment Title:
I guess this question will be answered soon enough - what role will Romei play in Rick Davis's campaign? Will be be on sign duty?

Posted by: Citizens of College Station On: 7/29/2008

Comment Title: To M.B.
If a crime was committed, why didn't they go to the police? Why hire Gaines West, a buddy of Bill Turner's. Politics - looks like that to us.

Posted by: M.B. On: 7/29/2008

Comment Title: Facts Straight
Frivolous lawsuit!!! The Arts Council is the victim of a serious crime and well within their rights and responsibilities,they hired an attorney and went to the authorities to pursue that. As a major donor to the Arts Council, it is my understanding that they are NOT using public money to pursue frivolous lawsuits, but rather they are using private funds. It is the continued attacks from people like Linda Chateau that are a drain on their staff and resources and THAT is a waste of tax funds

Posted by: Jay On: 7/29/2008

Comment Title: Judge and Jury
Elly, like others you accuse Dr. Romei and Ms Chateau without basis. False accuser! Liar. Focus on the facts, not the messengers. I guess you think David Romei wrote the Ten Commandments, the Constitution and the Bible too? You call Romei a criminal - who are you? The judge, jury or just stupid?

Posted by: Ed On: 7/29/2008

Comment Title: Personal Attacks
Typical Elly. Personal attacks of the most cruel kind. Proves an earlier point about the sad state of affairs in BCS. You accuse without any facts. Your hate of Dr. Romei is clinical.

Posted by: Ed On: 7/29/2008

Comment Title: Journalism
Journalism 101: Call one side for a comment, then call the other side - get the facts. Let's see, April called West, but not the Attorney General. Bias?

Posted by: Elly On: 7/29/2008

Comment Title: Chateau Guise
Linda Chateau and P. David, you can certainly type fast - 10 posts in about 10 minutes. Is that a tone of fear and desperation I detect in your posts? The Arts Council is to be congratulated for surviving the trauma caused by the previous Exec.'s criminal acts.

Posted by: On: 7/29/2008

Comment Title: Good Lord
Dr. Romei, you need help. Posting this many times on a message board is not the sign of a healthy mind. God Speed.

Posted by: Netta On: 7/29/2008

Comment Title: The Facts Part II
Read and weep: The Arts Council is suing Greg Abbot inCause No. D-1-GN-08-002599 in Travis County. They are using CS tax money and donors' money to do so. Also, Gaines West, contrary to Avison's false writing never agreed to a deposition, he was ORDERED by Judge Smith, and in that deposition, under oath, he said no less that 54 times, "I don't recall."

Posted by: Austin On: 7/29/2008

Comment Title: Sick
Arts Council and West suing Attorney General? What are they hiding?

Posted by: Andrew On: 7/29/2008

Comment Title: Political
It is obvious by the fact that Avison brought Rick Davis into this story that The Eagle is once again working for little Bill "self-righteous" Turner.

Posted by: Susan On: 7/29/2008

Comment Title: NOT GUILTY
Romei, like every person in America, is presumed innocent until proven otherwise by a jury of his peers. Avison slants her stories to favor the prosecution. This is evidence of a political persecution and not a criminal prosecution. Get over it.

Posted by: On: 7/29/2008

Comment Title: Why?
Why are so many people against Dr. Romei. He did so much for this community. Where are his friends, those whom he helped so very much? I don't understand Bryan-College Station. Where is the decency? At least you can admit he is innocent until proven guilty, but you don't even have the good will or Christian nature to do that. Let's hope you never have to walk in Romei's shoes - you wouldn't have the courage, strength or faith he has.

Posted by: On: 7/29/2008

Comment Title:
Bill Turner's statements are further evidence that he has a personal animosity against Romei. He should not comment on this trial. No prosecutor worth his salt would comment in such a fashion. He is basically saying, it doesn't matter, but, oh, by the way, the defense made a motion and lost. My case is so strong the jury will be with the prosecution. Unfair, unethical and reason for Turner to remove himself. If he doesn't, the voters can do so in November, as April Avison pointed out.

Posted by: On: 7/29/2008

Comment Title: No Money
If College Station gives one cent to the Arts Council to pay Gaines West for his lawsuit on their behalf against the Attorney General, I say we should recall the entire Council.

Posted by: On: 7/29/2008

Comment Title: Suing the Attorney General?
What is the Brazos Valley Arts Council hiding? Maybe photos of Fisher? Maybe reimbursements given to Don Russell, the husband of Arts Council President Becky Russell? Hmmm...suing the Attorney General? Are they serious?

Posted by: On: 7/29/2008

Comment Title: A joke
Avison wrote: "The Arts Council has maintained that some of the documents are exempt from disclosure under the Texas Public Information Act and filed paperwork with the attorney general's office asking that some of the information remain sealed." Paper work? How about a lawsuit against the Texas Attorney General!!!! Who are you working for Ms. Avison? Russell, Fisher and West said they have nothing to hide, then why are they suing the Texas Attorney General to keep their Minutes secret? They will lose and Turner will regret he fell in with this disreputable lot of liars.

Posted by: On: 7/29/2008

Comment Title: Shocked
How dare the Arts Council use my money to sue the Attorney General of Texas. Why isn't the Eagle investigating what they are hiding instead of believing everything that falls out of their lying mouths? I work at the County, Judge Smith ordered West to that deposition, he did not volunteer. Read your own newspaper.

Posted by: On: 7/29/2008

Comment Title: The Facts
April Avison is a good person. Unfortunately she works for a manager whose close personal relationship to the D.A.'s office is widely known and damaging to the Eagle's credibility. The facts are: The Arts Council and Gaines West are suing the Texas Attorney General to keep secret public documents. The Arts Council is suing Greg Abbot inCause No. D-1-GN-08-002599 in Travis County. They are using CS tax money and donors' money to do so. Also, Gaines West, contrary to Avison's false writing never agreed to a deposition, he was ORDERED by Judge Smith, and in that deposition, under oath, he said no less that 54 times, "I don't recall." He was Romei's attorney, then flipped, and is now working for himself and using the Arts Council. Finally, Linda Chateau is her own person, and to label her as a "vocal Romei supporter" is unfair as long as Avison doesn't label The Eagle "vocal Turner-West supporters." JUST THE FACTS APRIL. $65,000 FROM BRYAN FOR THIS?

Posted by: On: 7/29/2008

Comment Title: Like normal
very common thing for this Judge. We tried to go to court several times on a situation we had and the defendants laywer kept getting a delay for little things. We finally cancelled the suit because it was costing to much with all the delays.