In a post-Christmas court filing, Calvin Walker’s attorney Dick DeGuerin is asking U.S. Judge Ron Clark to give his client a gift by acquitting Walker on all charges brought against him by the U.S. Attorney’s Office for the Eastern District of Texas.
Walker was indicted in May on 37-counts of fraud, money laundering, mail fraud, wire fraud and fraud involving an agency that receives federal funding. Earlier this month, a jury of 10 women and two men failed to reach a verdict of guilt in the matter. The hung jury forced Judge Clark to declare a mistrial and sends the case back to square-one with the prosecution readying its case for a second go around in court. Judge Clark has yet to set a new trial date.
During the original trial, Judge Clark ruled Walker’s maintenance contract with the Beaumont Independent School District did not apply to millions of dollars in work he conducted for the district.
Filed two-days ago, on Wednesday, Dec. 28, DeGuerin states that because Judge Clark ruled the maintenance contract between Walker and the Beaumont Independent School District did not “apply to nor control any of the projects alleged in the indictment” the government cannot prove its case and his client should be found not guilty on all of the charges he is facing.
“In this regard, Walker says that all counts of the indictments and the allegations of fraud therein are dependent upon the terms of the maintenance contract,” states the document titled Calvin Walker’s Rule 29 Motion for Judgment of Acquittal. “Walker further says that the allegations of the material misrepresentations are material only by reference to the terms and conditions of the maintenance contract and therefore the government’s proof of misrepresentations was not material.”
Specifically pointing out each count in the indictment, DeGuerin claims in the filing that without the application of a contract there is no way to prove fraud and there was no evidence submitted that Walker failed to provide the services or materials his company Walker’s Electric, billed the district for.
Prosecutors claimed in the indictment and in arguments during the trial that Walker defrauded BISD and taxpayers out of more than $3.7 million.
A juror, who spoke to The Examiner following the trial, said seven people on the jury believed Walker had committed fraud, while the five others failed to reach that decision. She said two of those five, refused to even consider the case against Walker, claiming it was “a witch hunt.”
“I said that when I took the oath in front of the judge, I took an oath that I would put all personal feelings, whatever I had heard, behind and go by the evidence that was put in front of me and I did,” said Cindi Durham, also known as Juror No. 4. “I did my job to the best of my ability because the evidence that was brought in front of me.
“I asked how many of us believe this document is fraudulent. All 12 of us agreed that he doctored that document. So, to me if the document is fraudulent, what is on it is fraudulent. If the document was done fraudulently, then it’s fraud. Whatever is on it, I don’t care if it’s $500 or $500,000. It was fraud because the document was fraudulent.”
But DeGuerin states in his filing, “The introductory portion of the Indictment alleges that Walker over-billed BISD by ‘$3,700,000 or more’ in excess of the ‘actual costs plus 10%,’ thus requiring proof. There was no proof of this amount, nor was there proof of the ‘actual costs;’ there being no proof of actual costs, it follows that there was no proof or insufficient proof of ‘$3,700,000 or more’ in excess of ‘actual costs.’”
Attempts to reach DeGuerin for comment about the motion on Friday were unsuccessful.
The only comment made by the U.S. Attorney’s Office since the trial ended is that they are preparing their case for the new trial; whenever that may be.