Fuelberg trial update: Closing arguments and no verdict yet

Note: The jury deliberating in the trial in Fredericksburg reached no decision last night.

Read the complete story here

By Patrick George
AMERICAN-STATESMAN STAFF
Published Thursday, Dec. 9, 2010

Prosecutor Harry White tied together all the evidence the state presented over the past two weeks, including the contracts governing Bennie Fuelberg’s employment with Pedernales.

“Those contracts say you’ve gotta follow the rules of the co-op… which say amongst certain things, tell the truth and protect co-op assets,” he said. “So ask yourself — Did he follow that agreement? If not, he missapplied.”

He argued that Fuelberg knew exactly what was going on by signing off on invoices that included inflated charges for legal work from attorney Walter Demond at the Clark, Thomas & Winters law firm attorney - charges that paid his brother.

“This is his system. He is intentionally sending money to Curtis Fuelberg,” White said. It was a system meant to deceive the co-op board and its members, White said. “Bennie Fuelberg didn’t have the authority to do what he did. If he did, he would have been open about it.”

White called the system of mailing checks to a second party (the law firm) who sent it to a third party (Curtis Fuelberg) “classic money laundering.”

. . . Defense attorney Chris Gunter focused first on Bill Price, the son of a board member who was also paid with co-op money through the law firm.

Fuelberg has testified he knew nothing about that arrangement, though he admitted suggesting that Price might be of service to Clark, Thomas. Fuelberg “was just being nice” in asking Demond to consider Price for work, Gunter said.

“And Walter, in an effort to keep a good client happy, calls Bill Price up and puts him on retainer. Bennie never had any idea Walter was padding his bill to pay for Bill Price.”

Gunter called it “double hearsay” when Clark, Thomas attorney David Duggins testified that Demond told him Fuelberg approved the bills for both Curtis Fuelberg and Price.

“You cannot find Bennie Fuelberg guilty unless you find beyond a reasonable doubt that every element of every charge can be proven,” Gunter said. “They have not proven beyond a reasonable doubt, ladies and gentlemen, that Bennie Fuelberg knew anything about Bill Price.”

pgeorge@statesman.com