If you want to know where the abuse-of-power indictment of Texas governor Rick Perry may be headed, look no further than how a similar indictment of then–U.S. senator Kay Bailey Hutchison crashed exactly 20 years ago.
Republican Hutchison was indicted only four months after her landslide win in a special election in 1993. Travis County district attorney Ronnie Earle — whose successor, Rosemary Lehmberg, is at the center of the Perry indictment — persuaded a grand jury made up of residents from the liberal Austin area to indict Hutchison on charges of misusing her prior office of state treasurer. (The Travis County district attorney’s office runs the Public Integrity Unit, which enforces ethics laws for all state officials, and Austin is the county seat.) Hutchison was accused of using state employees and her state offices to conduct personal and political business and then ordering records of her activities to be destroyed. Among the specific accusations was that she used state employees to plan her Christmas vacation in Colorado and write thank-you notes.
Hutchison pressed for a quick resolution of the case because she was running for reelection in 1994, much as Governor Perry has to worry his indictment will hang over any 2016 presidential race he might run. The case against Hutchison slowly began to fall apart. The first indictment had to be thrown out because one of the grand-jury members who heard the case was ineligible to serve. A defense motion to move the trial from the politically charged climate of liberal Austin to Fort Worth was granted. Then, when the trial began in February of 1994, it ended after only 30 minutes, when Hutchison was found not guilty on all charges.
The breathtaking denouement began as soon as District Attorney Earle was forced to present his case. He began by telling the court he couldn’t go forward without knowing for certain whether records seized from Hutchison’s office without a search warrant only five days after her Senate victory would be allowed into evidence. Judge John F. Onion Jr. declined to make such an early decision — and ordered the jury, which had been seated only minutes before, to return a verdict of not guilty.
After her acquittal, Hutchison requested that all records seized during the raid be publicly released. “The case was not there,” she said at a press conference. “They turned around and ran because they knew the longer they went, the more embarrassing it was going to be. . . . They thought the lady would crack. Well, the lady wouldn’t crack.”
For his part, Earle had only excuses for his fiasco. As the Los Angeles Times reported, he said he was “shocked by the speed with which the judge proceeded in the case, and in general we feel that justice has been denied.” He accused Judge Onion of running a “rocket docket.”