AG Ken Paxton at a press conference to recognize January as Human Trafficking Awareness Month on January 12, 2017.
AG Ken Paxton at a press conference to recognize January as Human Trafficking Awareness Month on January 12, 2017. Marjorie Kamys Cotera

Editor’s note: This story has been updated throughout.ย 

MCKINNEY โ€” Prosecutors pursuing securities fraud charges against Texas Attorney Generalย Ken Paxton soughtย to show Thursdayย that his trialย should be moved out of Collin County, where they believe hisย team has tainted the jury pool.

Presiding Judge George Gallagher did not immediately rule on the issue but said he would like to at least try to pick a jury in Collin County. He appeared to leave open the possibility of a venue change.

Paxton is accused of misleading investors in a company before his time as the state’s top lawyer. A criminalย trial is scheduled to beginย May 1; he is fighting similar civil charges at the federal level.

The prosecutors also arguedย Thursdayย that there should be two trials, with the first focusing on the lesser charge that Paxton failed to register with the state securities board. The second trial would address the more serious allegations of securities fraud. That proposal drew opposition from Paxton’s team, which has already chafed at the amount of taxpayers resources being consumed by the case.ย 

Asked after the hearing why two trials are necessary, prosecutor Kent Schaffer said the securities fraud charges are likely to take much more time to try. โ€œItโ€™s a much more complex case, requires a lot more evidence, a lot more witnesses,โ€ Schaffer told reporters.

Paxton lawyer Dan Cogdell was visibly frustrated in court when the issue came up. There appeared to have been a miscommunication between him and Paxton prosecutor Brian Wice about the trial structure.

Dan Cogdell, defense attorney for Attorney General Ken Paxton, makes brief remarks to the media as the defense team leaves the Collin County Courthouse in McKinney, on Feb. 16, 2017.Laura Buckman for The Texas Tribune

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The bulk ofย Thursdayโ€™sย hearing focused on the prosecutorsโ€™ argument that Paxtonโ€™s allies have played too big a role in orchestrating pretrial media coverage in North Texas, making it impossible for the prosecutors to get a fair trial in Collin County.ย 

The prosecutors called three witnesses to help makeย their case, including a Dallas TV reporter who recently conducted an interview with former U.S. Sen. Rick Santorum, R-Pa., in which Santorum described the case as a political vendetta against Paxton. The reporter, J.D. Miles, said Paxton ally Jeff Blackard helped arrange the interview, but โ€œIโ€™m not part of a conspiracy, and I wouldnโ€™t know if there is one.โ€

The prosecutionโ€™s second witness was Wayne Dolcefino, a former TV news star who now runs a consulting firm. He testified that he gave the websiteย Watchdog.org leaked records from theย Texas Rangers regarding the Paxton case.ย 

Dolcefino has ties to Cogdell, Paxton’s attorney,ย whom he said hasย paid him several thousand dollars for a โ€œresearch project.โ€ Dolcefino insisted his work for Paxtonโ€™s lawyers did not involve the media and saidย he acted on his own when he leaked the records. He saidย he did it out of dissatisfaction with coverage of the Paxton case thus far and a desire to shine more light on a situation where taxpayer dollars are at stake.

โ€œI did what I did, and I didnโ€™t get paid for it,โ€ Dolcefino said on the stand on Thursday, referring to giving the documents to Watchdog.org.

The third witness, Tom Dailey, is a business manager for Cumulus Media in Dallas, which handled a radio ad buy last year that was done under Watchdog.orgโ€™s name. The ads cast doubt on the case against Paxton and promoted Watchdog.orgโ€™s work.

The prosecutors asked Dailey to explain how the ads ran during popular times of day and reached Collin County listeners. Cogdell argued the ads will be almost five months old by the time jury selection begins and gotย Dailey to testify that he was unaware of a connection between the adย buy and Paxton himself.

The hearingย Thursdayย at the Collin County courthouse also offered anotherย twist. Gallagher revealed he had recently been given a sealed envelope containing notes from the grand jurors who indicted Paxton in 2015. Gallagher, who is from Tarrant County, was not the original judge in the case โ€” he stepped in after Collin Countyโ€™s Chris Oldner recused himself in the wake of the indictment.

Paxtonโ€™s lawyers pushedย Thursdayย to get more information about the notes, saying they may be relevant to issues the attorney generalโ€™s legal team has previously raised about the grand jury process. Gallagher responded that he would fully review the notes himself and report back on their content.

Read more on Ken Paxton’s legal challenges:

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Patrick Svitek was the primary political correspondent for The Texas Tribune. Patrick covered elections, state leaders, the Legislature and political trends across the state from 2015 until 2024. He previously...