Published: March 21, 2008 12:24 am         

State rests, defense opens in Sumrow trial

By Leslie Gibson

Herald-Banner Staff



On Monday afternoon, after seven days, the state rested its case on felony theft and forgery charges against Rockwall County District Attorney Ray Sumrow. For the first time in days, Sumrow relaxed his posture and smiled.

The defense’s first witness, an investigator who works for the district attorney’s office, had just been called to the stand by Sumrow’s attorney, James Wheeler, in the Dallas court building where the trial is taking place, and was continuing through press time.

Witnesses called during the state’s presentation included assistant district attorney Craig Stoddart, whose name was, according to two indictments, forged in 2006 on two separate checks to Fry’s electronics store.

Invoices from Fry’s are some of the thousands of documents through which the prosecution and defense have sifted for several months preparing for trial. In addition to the forgery charge, each side is attempting to prove or disprove allegations that computer parts purchased with county money, specifically from the fee fund, went to personal use of Sumrow. The fee fund consists of fees collected from hot checks.

One example of this was addressed on Monday, during questioning of county commissioner Jerry Wimpee, when it was brought out that Sumrow bought three computer parts on Jan. 16, 2001, using the fee fund.

The next day Sumrow delivered to Wimpee a computer, and Wimpee paid Sumrow $1,000 by check. Wimpee testified that Sumrow had put the computer together for Wimpee, after about six months of conversations.

Wheeler asked Wimpee if he remembered that Sumrow called about “a week before” the delivery, to say the computer was ready. Wimpee said he did not recollect that specifically, but it is “reasonable that that would happen.”

“Do you believe for one minute that any of the items are county property?” asked Wheeler.

Wimpee, who said he has been friends with Sumrow since 1997, replied “No.”

The state’s special prosecutor, John Schomburger, assistant district attorney for Collin County, then asked, “But you don’t know?”

“No, I do not,” Wimpee replied.

Sumrow’s reputation in the county, according to Wimpee, was as a “go to” guy for computer matters before the county’s information technology department was founded.

Wheeler has used the “go to guy” image in his defense, and described Sumrow as helpful, and, as Wimpee said, one who “pinched pennies” in the county’s favor, as evidenced by his building and repairing computers for his office staff, for the former county clerk and others.

The state has presented Sumrow as one whose purchases of computer equipment using the fee fund made Sue White, an 11-year employee of the district attorney’s office, “uneasy” she said, because she never saw the equipment appear in the office, according to published reports.

In the opening statement, the prosecution said financial troubles motivated Sumrow to use the fee fund for personal computer parts purchases, reimburse himself for trips he did not take, and pay for an airline ticket for his girlfriend.

Also, the state brought forth an FBI computer expert who ascertained that Sumrow used software called “Evidence Eliminator” to remove more than 18,000 files from his office computer, after learning he was under investigation.

That investigation was described as a “witchhunt” by Wheeler, who asked on Friday, closing several days of testimony by asking sheriff’s investigator David Goelden, “You were on a witchhunt weren’t you?”

“No,” Goelden replied firmly.

“You knew there was considerable tension between the sheriff’s office and the DA’s office; you knew the reputation,” Wheeler said.

“I didn’t really know there were any problems,” Goelden said.

The investigation was begun by the Rockwall Sheriff’s Department in 2006, and has involved Texas Rangers and the FBI. Wheeler contends that the original information leading to the investigation was retaliation from a former county employee Sumrow had successfully prosecuted for theft of county money. Former treasurer Sheree Jones had taken $2,100, and then repaid it.

On the stand Friday, Goelden said Jones provided the sheriff’s office with her statements on Sumrow at the same time she made statements about her own theft, which would have been prior to any prosecution. She said at that time Sumrow had taken $68,000 in state funds, and then repaid it.

This allegation is not part of the trial; a defense motion made in January to try it separately was granted. The case may be tried in April.

On Tuesday, Sumrow first took the stand, called by the defense.

Late in the day, he and Wheeler addressed the alleged forgery of Stoddart’s name.

“You sought and received from him his authority to sign his name?” Wheeler asked Sumrow.

“Absolutely I did,” said Sumrow, leaning forward in the witness stand chair.

On Monday, Stoddart, a state’s witness, said he did not recall giving anyone permission to sign his name to a check. Stoddart has worked for Sumrow for 15 years.

Earlier Tuesday, Wheeler had Sumrow read descriptions of, and show to the jury the collection of, computer parts, which had been previously covered in three days of testimony with Goelden. The effort was to prove that parts missing from the county inventory, were produced by Sumrow as the trial began, and that other parts were never missing.

Schomburger recapped the parts testimony as well, to show that parts were still missing and were misused.

The defense opened its case Monday with character testimony from 10-year investigator with the district attorney’s office, Frank Montana, a retired Texas Department of Public Safety officer.

He said that “I spent 17 years in supervision, and he’s (Sumrow’s) the type of guy I like working for. He gave me parameters and expected me to do my job and I was allowed to work without close, direct supervision.”

He said he picked up and delivered computer parts many times for Sumrow.

Another investigator for the office, Bill Watkins, said he had known Sumrow since 1970 when they were with the Greenville Police Department. He said Sumrow’s honesty and integrity were “above reproach.”