Internet research into Assistant Brazos County Attorney Brenda Bailey’s background yielded troubling details, all stemming from an appeal she and her co-defendants filed, claiming double jeopardy in a criminal matter.
The case involved alleged Organized Criminal Activity with the underlying crime being Theft by a Public Servant. The appeal centers around the fact that the original criminal case was dismissed, as a contractor was the victim of theft and the original case cited the City of Houston as the victim.
In issuing an acquittal in the case that incorrectly specified the city as the victim of the theft, the judge said, “…first, was money misappropriated? I was able to answer that yes. The second item is, so whose money, the City’s or the contractor’s? Bad as it pains me to do it, I have to grant the motions based on the law. Each defendant is acquitted.”
The appeal, Bailey vs State argued unsuccessfully that the new, correctly styled, case should be dismissed due to Constitutional protections against double jeopardy.
Following are the original incorrectly styled criminal charges related to the unsuccessful appeal:
BRENDA SUE BAILEY, hereafter styled the Defendant, heretofore on or about and between APRIL 28, 1995 and JANUARY 11, 1996, did then and there unlawfully, with intent to establish, maintain and participate in a combination and in the profits of a combination, said combination consisting of Ralph F. Schnur, Charles Francis Coleman, John Allen Babin, Brenda Sue Bailey, and James Arnold Schnur, while a public servant, namely, an employee of Brazos County, commit the offense of theft, in that she did, pursuant to one scheme and continuing course of conduct, unlawfully appropriate property, by acquiring and otherwise exercising control over property, namely, money, owned by the City of Houston, hereafter called the Complainant, and the total value of the property appropriated was fifteen hundred dollars or more but less than twenty thousand dollars, with intent to deprive the Complainant of the property, and the property came into the Defendant’s care, custody and control by virtue of the Defendant’s status as a public servant.
The details outlined in the appeal are now part of common law and thus recorded in multiple databases. Additional details are not readily available online in State of Texas or City of Houston databases. Efforts to locate records from a subsequent, correctly-styled case have not yielded any additional information. Rodney Anderson, the elected County Attorney who Bailey works under has not responded to requests for additional information and comment.
Bailey’s 2018 Brazos County salary was $116,285.
Image source Brazos County