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Texas Lawyers Want Case Dismissed Because of FBI Leaks

This should be an interesting case. The judge is taking this serious and has scheduled a hearing on the matter. But is it enough to dismiss criminal charges?

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By MARY FLOOD
Houston Chronicle
HOUSTON — Lawyers for two developers accused of bribing a city official are seeking to have their entire criminal case tossed out by alleging government agents leaked information to a television news reporter.

Andrew Schatte and Michael Surface were indicted in January 2008 on charges of conspiracy and fraud accusing them of trading gifts for city contracts.

But their lawyers want the case dismissed, alleging a FBI agent leaked information to KTRK Channel 13 reporter Wayne Dolcefino about a separate ongoing investigation involving the men and Harris County.

“The process becomes very questionable if the judge finds there was a leak,” said Chip Lewis, lawyer for Surface. Lewis suggested the leak was meant to create negative pretrial publicity to harm his client.

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