Jerry Eversole Clips

Eversole expects FBI probe to force him out of office

Sept. 5, 2008

By LIZ AUSTIN PETERSON

Commissioner Jerry Eversole says he would not be surprised to be indicted on corruption charges but says he is innocent.

Harris County Commissioner Jerry Eversole said Thursday that he expects to be forced from office by an FBI investigation into corruption allegations that appears to be centering on the design of his home by a prominent retired architect.

The Precinct 4 commissioner said FBI agents have interviewed many of his friends, some as recently as this week. He said he expects to be called in for questioning soon and would not be surprised to be indicted, though he insists he is innocent.

"I guarantee they can take that information that they've got and the friends that they've talked to and they can make a case on me," said Eversole, who volunteered the update regarding the investigation when asked about recommended ethics changes at the county. "That's why I say my days are numbered. There's no doubt about it."

Justice Department policy prohibits the FBI from discussing investigations, even to confirm or deny they are being conducted, spokeswoman Shauna Dunlap said.

Eversole, who has held his post for 17 years, has been under fire since media reports late last year highlighted questionable campaign spending and a long history of vague disclosure.

Collector-quality guns

The Harris County District Attorney's office is investigating Eversole's use of campaign funds to pay for collector-quality firearms and a trip to Florida. George Flynn, the office's spokesman, said he could not comment on the probe beyond confirming it was still under way.

The commissioner's $680,000 house in the Heights was designed by Leroy Hermes, whose former firm has been involved with county projects such as the Reliant Stadium complex and a new jail facility. The Republican commissioner said he had the home built in 2003 so he and his wife, who has cancer, would be closer to the University of Texas M.D. Anderson Cancer Center.

Eversole said it would be improper for him to divulge how he paid Hermes before he spoke with the FBI.

Hermes, who said he drew up the plans in his spare time at home, said Eversole insisted on paying for the design even though he did not want to charge him anything.

"I would do anything for him because he's a good, good, decent guy," Hermes said Thursday. "That's how I feel about him. I don't feel like he's done a darn thing wrong, nor do I feel like I've done a darn thing wrong."

Hermes said the pair's friendship had nothing to do with any contracts his firm was awarded by the county over the years.

"I have never asked him for a project or his vote, ever. For anything. Never. Never. I have never done that," he said.

Vacation to Florida

Eversole said friends and business owners constantly offer him deals on everything from clothes to automobiles.

"I've said all of my career the biggest problem is people want to help an elected official," he said. "And there is a point that you have to say, 'Stop. I can't do this. You're going to get in trouble. I'm going to get in trouble.' "

The scrutiny of Eversole began with a series of reports by television station KTRK, including one revealing he used campaign funds to buy a pistol, a rifle and the Florida vacation at charity auctions.

Eversole has said he donated the pistol to the Texas Ranger museum and gave the rifle to the Texas Gulf Coast Chapter of the Leukemia & Lymphoma Society for an auction.

He also said he and his wife took former Sam Houston State University baseball coach John Skeeters and his wife on a Florida vacation because Skeeters had treated his constituents well when they attended the school. Skeeters also had run baseball clinics in his precinct, he said.

Skeeters, who resigned as Sam Houston State University's coach in 2002, and Eversole were roommates at Sam Houston State University in the mid-1960s.

Records were vague

Elected officials in Texas are given wide latitude in how they can spend campaign contributions. Under state law, they can use campaign funds to provide donations to charities and other candidates' campaigns, buy gifts and meals for constituents and pay off "officeholder expenses" for gasoline, office furniture and cell phones.

But state law says campaign contributions and the items bought with them cannot be converted to personal use.

Eversole also was criticized for labeling hundreds of campaign expenses with vague descriptions such as "public relations" and "misc," offering little clue as to what was purchased or who benefited from those purchases. Among his "public relations" expenses was the $6,850 trip to Florida.

After acknowledging long-running problems with his campaign finance reports, the commissioner began explaining his expenses in greater detail this year. He also asked former County Judge Robert Eckels to review his current and past filings to ensure compliance with state disclosure laws.

Eversole was indicted in 1993 on charges of perjury and unlawful record-keeping related to nearly $90,000 in campaign expenses.

The allegations stemmed from what was then a common practice of officeholders: paying for services out of their own pockets, then reimbursing themselves through campaign funds. Officeholders would list themselves on campaign finance reports as recipients of the funds instead of the vendors they had paid, making it unclear where the money was going. The state 14th Court of Appeals quashed the charges in 1998.

A 13 Undercover exclusive

  By Wayne Dolcefino

You've seen County Commissioner Jerry Eversole shopping, working out, even staying at home instead of going to his office. And now, new ethics questions are being raised.

Eversole's use of your campaign donations is prompting a new call for an independent investigation.

Jerry Eversole spent more than $750,000 in campaign money in just eighteen months. It's illegal to use the money for personal use, so how does the commissioner explain what we've found?

We've questioned Jerry Eversole's work habits, but can you question his charitable giving? The commissioner's campaign video touts his years of giving as the honorary chairman of the annual Leukemia Society golf tournament, a recipient of their Service to Mankind Award.Take a look at Eversole's campaign reports since January 1, 2006, and you'll find lots of charitable giving, more than $67,000 spent from campaign funds called donations, almost ten percent of all the money Jerry Eversole spent from campaign funds in eighteen months.

Fred Lewis is an expert on the ways you can spend campaign money.

"It's legal in state of Texas to give a donation to a charity," he said.

He also gives campaign money to charities and calls it 'public relations.'

The Astros' wives hold an annual black ties and baseball caps charity event for the Women's Center. Commissioner Eversole spent $4,000 for a table this year, $1,600 for a table last year, all from campaign funds listed as sponsor.

The commissioner spent another $6,850 of campaign money at that same event for what was called 'public relations.'

We now know County Commissioner Eversole used the $6,850 from campaign funds to bid on an auction item called the "Florida getaway," described by the charity as a fun packed vacation.

"Commissioner, I have a couple of questions for you," we said to the commissioner.

"Good," he replied.

"Did you use campaign funds for a Florida vacation?" we asked.

There were passes to Sea World, where you can see Shamu, passes to Universal Studios, and the Islands of Adventure, and tickets to two Astros spring training games.

"Spending campaign funds on a personal vacation is clearly a no-no," said Lewis.

We know from Jerry Eversole's own records he played golf there with a friend at the famed Metro Golf Course in Orlando. We know from emails he used government employees to help plan the itinerary, even down to the tee times.

"Does this pass the smell test?" we asked Lewis.

"No, it needs to be investigated by criminal authorities," he said.

The Florida getaway included free stays at hotels, but on the commissioner's handwritten calendar, we see the named hotels crossed out, both of them. Eversole's campaign records show he spent $2,100 more at another Orlando area hotel. That expense is listed as 'event expenses.'

"If you use it as personal use, it's a Class A misdemeanor," said Lewis.

On a day in September, we watched Jerry Eversole get in his county vehicle and leave town. Eversole and his wife stopped in Luling that day for barbeque on the way to a weekend gala in Kerville, a big shindig thrown by the former Texas Rangers Foundation.

In November 2006, Eversole's campaign lists a $27,990 charitable donation out of campaign funds.

"That's fine, good charity," said Lewis.

But again we learn Eversole was buying auction items.

"When you buy an auction item, you aren't giving something to the charity for free," said Lewis.

Eversole bought a Browning rifle that cost more than $5,700 and a $19,000 Colt pistol. After we called, the foundation told us the commissioner was in the process of giving the pistol back to the museum, but just the pistol. It's only been a year since he got it.

And the campaign records this year show $4,200 spent at the star gala for a community college out of campaign funds listed as 'public relations' on Eversole's sworn report.

Emails show it was another auction item called 'Lifestyles of the Rich and Famous.' A champagne flight on a private plane to Santa Fe, New Mexico, and a two-night hotel stay. The pilot says the trip hasn't been scheduled.

"This is getting to be a really, really bad situation," said Lewis.

And the commissioner, he just isn't talking. We've offered Jerry Eversole a lot of chances to comment and he's refused to answer any questions. That includes his relationship to a big county contractor, a trail that will lead us to the commissioner's house in the Heights. Our exclusive investigation continues Wednesday night at 10pm.

Harris County Commissioner Jerry Eversole acknowledged long-running problems with his campaign finance reports Tuesday and said he has tapped Robert Eckels, a former county judge and vocal supporter of ethics reform, to review his current and past filings and ensure compliance with state disclosure laws.

Eversole also released his most recent campaign report in a searchable spreadsheet that explains his campaign expenses in greater detail than previous reports, which have drawn scrutiny for being vague and incomplete.

"A number of errors were pointed out in our past reports. They were a result of poor reporting practices and ignorance of the applicable laws," Eversole said in a statement released Tuesday. "I have taken the criticism to heart and adopted a `best practices' approach to my campaign finances."

Eversole has been under fire since late last year, after media reports highlighted his questionable campaign spending and long history of vague disclosure.

According to records, Eversole classified nearly $265,000 in campaign expenses as "Public Relations" between January 2005 and June 2007, revealing little about the goods and services bought.

The Harris County District Attorney's Office is investigating whether Eversole spent thousands of dollars in campaign funds for his own benefit. At the center of the investigation are collector-quality firearms and a $6,800 trip to Florida that Eversole, his wife and another couple took last year. Eversole bought the guns and trip at charity auctions.

The Texas Ethics Commission also notified Eversole that he faced a sworn public complaint about vague disclosure and improper campaign spending in letters dated Dec. 20.

Around the same time, Eversole hired prominent Republican political consultant Allen Blakemore to help get his books in order. Blakemore said Eversole approached him in mid-December, but could not recall the date. Records show his firm received $15,000 from Eversole's campaign on Dec. 27.

Blakemore said Eversole will file official corrections for any reports found to be too vague, meaning they will be amended in the public record. He did not specify how far into the past the audits would go.

"One report at a time," Blakemore said. "We aim to follow the law."

Differing reactions

Ethics and disclosure have been high on the list of campaign issues in the Harris County judge's race, with both incumbent Judge Ed Emmett and his opponent in the upcoming Republican primary, Charles Bacarisse, publicly calling for reforms.

Emmett said Tuesday through his spokesman that he applauded Eversole's selection of Eckels, who fought several notable battles for ethics reform when he was county judge. Eckels now is a partner with the Fulbright & Jaworski law firm.

Bacarisse released a statement blasting Eckels' selection as "the worst of politics as usual," criticizing Eversole for perpetuating "the same incestuous circle of influence peddling and conflicts of interest that gave us this mess." Eversole and Eckels served together on Commissioners Court for more than a decade.

Jon Taylor, who chairs the political science department at the University of St. Thomas, said Eversole's efforts make sense, given the scrutiny he has endured.

But he said Eversole never should have put himself in a position to be criticized.

"In modern Texas politics, there are things you're supposed to fulfill as a candidate. Period," Taylor said.

Eversole, who did not return a phone call seeking comment, said in his statement that he has learned from his mistakes.

It is clear by the sorry excuses Houston's politicians give for their actions that they believe y'all rode into town last night on a load of cantaloupes.

So as entertaining as the official versions are, I'm going to offer you some alternatives for your consideration.

This is America. You're free to believe any of the following, or to make up your own explanations.

Item No. 1: Sheriff Tommy Thomas establishes a new policy that all e-mails in the department will be purged after two weeks. Without telling deputies and investigators, he put the policy into effect last weekend, executing a mass purge of e-mails.

It is likely some investigators came into their office Monday to find that material they gathered by e-mail had been deleted.

Having deleted the thousands of e-mails last weekend, the county's chief law enforcement official had his staff officials contact the County Attorney's Office on Wednesday to see if what they had done was legal.

Official explanation: Our computers were full.

Alternative explanation A: He noticed that some of his deputies wear WWJD bracelets, like the district attorney. He didn't want to take any chances about what extramarital love notes, racist jokes or porn might be on their computers. He also didn't want to invite a religious discrimination lawsuit. So he scrubbed everybody's computer.

Alternative explanation B: Thomas himself had written and received embarrassing e-mails. Rather than sit down and delete 2,500 or so and invite comparisons to the district attorney, he established a new policy and put it in effect before anyone could object.

Item No. 2: County Commissioner Jerry Eversole revised his campaign finance report from showing cash on hand at $475,000 to more than $1.8 million. More than $1 million had been stashed in previously undisclosed investments.

Some elected officials raise huge amounts and then brag about it to discourage potential opponents, but not Eversole.

Official explanation: "A number of errors were pointed out in our past reports. They were a result of poor reporting practices and ignorance of the applicable laws."

Alternative explanation A: Eversole hoped no one would notice he had moved a million bucks off his campaign finance reports and into certificates of deposit as a retirement nest egg down the road.

Alternative explanation B: Eversole is under investigation by the DA's office for allegedly spending campaign money for personal benefit. One TV report said the FBI was also investigating him.

It would look better to a grand jury if he disclosed the stash himself before investigators did it for him.

Item No. 3: Prosecutor and candidate for district attorney Kelly Siegler was challenged for striking a black man from a jury panel in a capital murder trial because of his race, which would be illegal.

Official explanation: "To start with, he's a member of Lakewood Church. And we have had a running agreement - my partner Luci Davidson and I have, since we started - that people who go to Lakewood are screwballs and nuts."

Alternative explanation A: Of course she did it because he was black. Can you spell O.J. Simpson's jury?

Alternative explanation B: Although she has provided no evidence of it, Siegler has struck so many white members of Lakewood from juries that she was afraid she'd be accused of reverse discrimination if she didn't strike a black member.

Alternative explanation C: Answering a questionnaire, the juror said he was "in favor of capital punishment, except in a few cases where it may not be appropriate."

Siegler wants only jurors who favor the death penalty even when it is not appropriate.

Item No. 4: Republican candidate for Tom DeLay's old congressional seat Dean Hrbacek sent out a campaign mailing in which he appears enviably svelte. In real life he looks more like the "before" model in a weight-loss commercial.

Official explanation: Hrbacek was so busy campaigning that he didn't get his picture taken.

Alternative explanation A: If you're going to puff your accomplishments, why not unpuff your measurements?

Alternative explanation B: A fiscal conservative, he also plans to use the photo for online personals.