United States v. Parr

• Decision Date: 21 August 1975
• Docket Number: No. SA-73-CR-267.,SA-73-CR-267.
• Citation: 399 F. Supp. 883
• Parties: UNITED STATES of America, Plaintiff, v. Archer PARR, Defendant,
• Court: U.S. District Court — Western District of Texas

399 F. Supp. 883

UNITED STATES of America, Plaintiff, v. Archer PARR, Defendant,

No. SA-73-CR-267.

United States District Court, W. D. Texas, San Antonio Division.

August 21, 1975.

John E. Clark, U. S. Atty., W.D.Texas, Wayne F. Speck, Asst. U. S. Atty., San Antonio, Tex., for plaintiff.

James R. Gillespie, Alfonso E. Alonso, Jr., James R. Gillespie, Inc., San Antonio, Tex., for defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SUTTLE, District Judge.

Came on to be heard in the captioned cause, pursuant to the Order to Show Cause entered herein on July 24, 1975, the question why Defendant's bond should not be revoked, or, in the alternative, increased, pending his further appeals from the Judgment of Conviction heretofore entered against him; and came on to be heard, also, the Motion of the Surety, Clinton Manges, to be exonerated from the bail bond posted by him to secure the appearance of the Defendant. The matter was called for hearing in San Antonio, Texas, on the 28th day of July, 1975, and, upon Motion of the Defendant, hearing was postponed until August 7, 1975, that being the first available time for such hearing; and came the United States of America, by the United States Attorney for the Western District of Texas, and came the Defendant Archer Parr, in person and by counsel, and came the Petitioner Clinton Manges, also in person and by counsel; and all parties having announced ready, the Court proceeded to hear evidence and arguments of counsel.

After considering the evidence adduced on August 7 and 8, 1975, as well as that heard on the original trial, and the arguments of counsel, the following Findings of Fact and Conclusions of Law are entered in support of the Court's Judgment.

FINDINGS OF FACT

1. The United States Court of Appeals for the Fifth Circuit, on July 24, 1975, affirmed the conviction of the Defendant, Archer Parr, in the captioned cause as No. 74-2628. The Opinion was unanimous. (Government's Exhibit 1).

2. Since his conviction of perjury in this cause, the Defendant Archer Parr has been removed from the office of County Judge of Duval County, Texas, by Judgment of the 229th District Court, Duval County, Texas (Government Exhibit 2). The Defendant's appeal from that Judgment of Removal is now pending before the Fourth Court of Civil Appeals, in San Antonio, Texas. (Government Exhibit 26).

3. The Defendant, Archer Parr, was born in Mexico City, Mexico, in 1925. His father was N. R. Weller. His parents were subsequently divorced, and he was adopted in 1934 by his grandparents. At the time of his adoption, his surname was changed to Parr. The adoption took place in Duval County, Texas. (Trial Transcript, pages 1364-1365; Government Trial Tender 1, page 189; Pre-Sentence Investigation Report; Statement of Defendant, through counsel, August 8, 1975).

4. The Constitution of Mexico, Article 30(a), confers Mexican nationality upon any person born within the Republic of Mexico, regardless of parentage. (Government Exhibit 13).

5. The Mexican Code of Criminal Procedure, Article 10-II, provides that no Mexican may be extradited to a foreign state, except in exceptional cases in which the Executive concurs. (Government Exhibits 10 and 3).

6. The United States has not succeeded in obtaining extradition of any Mexican national to the United States from Mexico in this century. (Government Exhibits 3 and 9).

7. The distance from the Defendant's residence in Duval County, Texas, to the international boundary between the United States and the Republic of Mexico at Laredo, Texas, is less than 100 miles. (Government's Exhibit 4; Testimony of Texas Ranger George E. Powell).

8. Archer Parr speaks fluent Spanish (Government Trial Tender 1, page 190; Testimony of Attorney Marvin Foster).

9. Since the Defendant's conviction, Duval County, Texas, has fallen into a state of political and governmental chaos, necessitating the intervention of the Attorney General of Texas, the State Legislature, the Texas Rangers, a conservator for the Water District, the State Bar of Texas, the District Attorney, local grand juries, and others. The political control of the Parr family may or may not have been weakened. (Government Exhibits 15 and 16; Testimony of Attorney Marvin Foster).

10. The laws of the State of Texas provide for the suspension of any attorney convicted of a felony, and for the disbarment of any attorney upon final conviction of a felony. The State of Texas initiated proceedings on June 3, 1974, to suspend and disbar the Defendant, Archer Parr. (Article 320a-I, Revised Civil Statutes of Texas; Government Exhibit 8; Testimony of Attorney Marvin Foster).

11. Archer Parr has, on past occasions in recent years, travelled outside the Continental United States. (Testimony of Attorney Marvin Foster).

12. At the time he was arrested pursuant to this Court's bench warrant on July 24, 1975, Archer Parr had in his possession a cashier's check in the amount of $121,500, purchased by Praxedis Canales, drawn on the Alice National Bank, and payable to the District Clerk of the United States District Court, Western District of Texas. (Stipulation, August 8, 1975).

13. Archie Parr owns assets, including real property, livestock, and personal property, of substantial value. He has, in addition, an expectancy (but no certainty) of inheriting approximately 4,700 acres of real property in Duval County, Texas, with a present maket value of approximately one million dollars, from his Aunt, Lillian Parr Moffit. She may also well be the Defendant's "Swiss Bank". An inventory of real and personal property of the Defendant, filed by the Court-appointed Receiver in a suit on a promissory note by the First State Bank of San Diego, Texas, against the Defendant, reflects the Defendant's ownership of real property totaling $640,000 and personal property totaling $763,166. Personal property listed on the inventory includes jewelry totaling $112,750 and furs totaling $74,500. (Government Exhibit 6; Pre-Sentence Investigation Report; Testimony of Accountant Norman Ransleban).

14. It has been adjudicated by the 229th District Court, of Duval County, Texas, that the Defendant, Archer Parr, has misappropriated property belonging to Duval County, and employees of Duval County, for his own personal purposes, in violation of the laws of the State of Texas, and his duties as County Judge of Duval County. Prior to that adjudication, the Defendant had been accused publicly by his wife, Jody Martin Parr, of using County employees to work on his ranch, at the expense of Duval County. (Government Exhibits 2 and 19).

15. Employees of Duval County, Texas, were directed by the Defendant to work as farm and ranch hands on real property owned by the Defendant, and to assist in the construction of a horse racing track on propery owned by him. Such employees were paid by Duval County, and not by the Defendant, for such services. The use of County employees for the Defendant's personal benefit continued after his conviction and release on bond in this cause. One Duval County employee, Leopoldo Serna, was so employed from approximately 1967 through March 1975, and others apparently continued to be so employed as of the date of the hearing in this matter. While so employed at the Defendant's ranch, and in the construction of the horse racing track on his property, such employees were paid as much as $375.00 per month in salary by Duval County. (Testimony of Texas Ranger George E. Powell; Testimony of Leopoldo Serna; Government Exhibits 20-24).

16. While holding the office of County Judge, and serving as Chairman of the Board of Equalization, the Defendant represented as an attorney, and received legal fees from, Coastal States Gas Company and Central Power and Light Company. Both companies own taxable property in Duval County, and both in all probability received favorable consideration from the Board of Equalization in connection with their real property taxes in Duval County. (Government Exhibit 18).

17. Texas Ranger George E. Powell commenced, in April 1975, to compile an inventory of heavy equipment owned by Duval County, and to locate such equipment. He located a number of items of such equipment on real property owned or leased by the Defendant. Most of that equipment has now been removed by Duval County to its own County shop and storage facilities. At least one piece of such equipment remained at the Defendant's ranch a few days prior to the hearing in this matter. Interviews with County employees who used the equipment found on Defendant's premises indicated that the equipment was used by them, at the Defendant's direction, to carry on farming and ranching operations for the Defendant, and to construct and maintain a horse racing track. (Testimony of Texas Ranger George E. Powell; Government Exhibits 11, 12, 27-36).

18. The press has attributed to Archer Parr statements to the effect that he intends to regain and retain political power in Duval County, and that he "can run the County from federal prison if necessary." (Government Exhibits 5 and 16).

19. In a sworn pleading filed by her in a divorce action which became moot when she took her own life, the Defendant's wife, Jody Martin Parr, alleged that Archer Parr has a violent and uncontrollable temper, and is dangerous. (Government Exhibit 7).

20. Archer Parr has been quoted by the press as using abusive language toward those he apparently considers his enemies. (Government Exhibits 14 and 16). Such conduct invites violence.

21. The Defendant told Probation Officers Whitehill and Cromwell, at the time he was interviewed in connection with their Pre-Sentence Investigation Report, that he had no cash on hand, and he did not tell the Probation Officers that he had a bank account with money in it. Records of the First State Bank of San Diego, Texas, show that he had a checking account at that time; that he had made deposits to and withdrawals from that account just prior...