When will we know?
Finding facts might turn into waiting game in Ratcliff case
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Piecing together what, exactly, the case against Michael L. Ratcliff is could be tough without a trial. But digging and determination should uncover most of the evidence, a lawyer who specializes in government records said.
Ratcliff pleaded guilty to aggravated perjury on Thursday.
A grand jury indicted Ratcliff, a three-term former sheriff, on charges he sexually assaulted a teenage boy in 1997. Ratcliff worked as District Attorney Stephen Tyler’s chief of staff at the time of his indictment.
Ratcliff admitted he lied about having sex with his accuser, but he wasn’t trying to hide a case of molestation, his lawyer George Filley III said. It was a years-long affair between two adults, he maintained.
If visiting judge Mark Luitjen accepts the plea on Aug. 15, the sexual assault charges will be tossed out.
Will that information ever be made public?
Trials offer an easy, reliable way to get information about a case. Anyone can look at documents filed with the court, unless a judge seals them, District Clerk Cathy Stuart said. But without a trial, evidence won’t be available through her office, Stuart said.
Files from investigators and prosecutors are the next-best source of information, said Austin lawyer Jennifer Riggs, who serves on the advisory board of the Freedom of Information Foundation of Texas. She also worked in the open records department of the Texas Attorney General’s Office.
“I can see how they’d argue they can’t get as good of terms for the prosecution and the public if we can’t offer some confidentiality,” Riggs said.
But if the judge accepts the plea, the case is no longer pending, she said. That strips law enforcement of the argument that a flood of information could erode pending investigations or court cases and thus should be dammed, she said.
“No prosecutor wants to give out any information,” Riggs said.
Government offices often send written requests for similar information to the state attorney general for a ruling, Riggs said.
That stretches the time it takes to get the records. Agencies have 10 days to ask the attorney general’s opinion after a request is made. It can take weeks for the attorney general to rule.
The city will be cautious when it releases files from police investigations into Ratcliff, city attorney Miles Risley said.
“Not because we’re hiding anything, but because we already have four people under indictment,” Risley said.
Risley’s predecessor, David Smith, Police Chief Bruce Ure, Lt. Ralph Buentello and Mayor Will Armstrong were indicted on charges they foiled with the Department of Public Safety’s investigation of Ratcliff.
“Technically, it’s still pending,” Risley said of the Ratcliff case. “But it might also be relevant in other cases.”
The attorney general’s office might accept arguments that releasing information in one case could cripple prosecution of another, Riggs said.
There’s not much to dig up in the Ratcliff case, prosecutor pro tem Terry McDonald said.
“Basically, all the evidence I had was the testimony of the accuser,” McDonald said. “That’s why I didn’t have a whole lot of faith in prosecuting this case.”
In 2006, the accuser told Hope of South Texas staff that Ratcliff assaulted him when he was 15. He accused Ratcliff of exploiting him two years later, when he was an inmate at the Victoria County Jail, McDonald said.
Phone records could prove the two men had contact at that time, McDonald said. But if Ratcliff violated his accuser’s rights while the man was in jail, that would only be a misdemeanor, McDonald said.
Buentello, Ure, Smith and Armstrong’s trials could be the laundromat for airing any dirty details of the Ratcliff case, Buentello’s attorney said.
Scot Courtney, Buentello’s lawyer, filed a motion for discovery June 26. It asks for notes, tapes, reports and witness statements from the Ratcliff investigation. Smith’s lawyer also asked for information about Tyler and Ratcliff’s relationship and evidence in the Ratcliff case.
“In our trial, some of the facts may become public,” Courtney said. “I think the Ratcliff investigation is very germane to our case.”
Leslie Wilber is a reporter for the Victoria Advocate. Contact her at 361-580-6521 or e-mail her at lwilber@vicad.com, or comment on this story at www.VictoriaAdvocate.com.
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Luminary -- as David Allen Coe once sang:"You don't have to call me darlin, darlin... you never even called me by my name!!!"
July 11, 2008 at 6:46 p.m."Your anagrams are showing, Doctor. Louis Friend? Iron sulfide, also known as fool's gold?" -
July 11, 2008 at 9:38 a.m.Luminary....Cool man....you been hitting the windowpane and in a state of transcendence come up with this stuff....Interesting stuff dude!
July 10, 2008 at 9:58 p.m.You all need to apologize for bringing Coach Hilscher into this trash. It's hard enough on the family to not know what happened to their loved one; they certainly do not need it to be a part of the Ratlipps trash. They have to go without answers and all they have to rely on are all the good memories made with Coach Hilscher. He was a wonderful person, teacher and coach. The plea deal they made for him is just sick and shows everyone that is "affiliated" with the VPD that they can get away with it. He already celebrated this past weekend cause he knows he will not do jail time. What's sad is that all this puts a bad name on everyone in the VPD even if they are the good ones.
July 10, 2008 at 12:17 p.m.Kenneth Wayne Hilscher
Above: Hilscher, circa 1995
Vital Statistics at Time of Disappearance
Missing Since: April 8, 1995 from Bloomington, Texas
Classification: Endangered Missing
Date Of Birth: August 22, 1958
Age: 36 years old
Height and Weight: 5'7, 160 pounds
Distinguishing Characteristics: Caucasian male. Blond hair, blue eyes. Hilscher's nicknames are Ken and Kenny. He has a scar on his back.
Clothing/Jewelry Description: A white t-shirt, black shorts, a black plastic sports watch, a gold-colored class ring from Texas A&M University inscribed with the graduation year 1986, and black and white Nike tennis shoes or black sandals.
Details of Disappearance
Hilscher was last seen in Bloomington, Texas on April 8, 1995. He stopped at his parents' home on Black Bayou Road #2 to speak with them and his father asked him to stay the night, but Hilscher declined. He left his parents' residence and has never been heard from again.
Hilscher was reported missing by his father on the morning of April 10. Later that day, a bloodstained t-shirt and pair of men's briefs were found by searchers on Old Bloomington Road near Hilscher's home. Foul play is suspected in his case. He was employed as a basketball coach at Bloomington High School in 1995. His disappearance remains unsolved and is being investigated as a homicide.
Investigating Agency
July 10, 2008 at 10:30 a.m.If you have any information concerning this case, please contact:
Texas Department Of Public Safety
800-346-3243
Well I can almost bet if we do find out what happend to coach Kenneth Wayne Hilscher.. Victoria, Texas... WILL be on CNN...because there are some enquiring minds that want to know..
July 10, 2008 at 1:39 a.m.American for your comment re: Sally, please leave the country. YOU ARE the weakest link!
July 10, 2008 at 12:20 a.m.And for all you folks who keep writing "that's just my opinion." If you post your opinion, don't you think you should be able to defend your opinion. But..uh......eh......don't be mad........eh......uh.........that's just my opinion.
Rainwater.....you can actually determine guilt or innocence by looking at someone's face and listening to their story....no evidence, no proof...just he said and he said?
Would you want to be judged under such circumstances?
July 9, 2008 at 11:31 p.m.I think it best that sleeping coaches be left to lie.....even this abstract discussion makes me very nervous.
And Luminary....your intellectual philosophication pretty much misses the core of this discussion, however, I understand what you are saying and yes witchhunts are a fact and exist "right here in Victoria City"....
And.....Ratcliff was rumored to be connected to both Grimsinger and the Bloomington coach and I think it was said that he started the Viet Nam War and bombed the buildings on 9/ll. There are people in this town who passed on and made up numerous stories about the man because in some elite circles he was unpopular and he stepped on toes.
July 9, 2008 at 10:39 p.m.American...keep up.....Jeffrey Grimsinger admitted to murdering Ms. Blackwell. It was another LE officer that had been dating Ms. Blackwell who had been questioned. You really should have some facts before you post ridiculous statements.
July 9, 2008 at 10:06 p.m.To add a little more fuel Rob. It was also said that Ratcliff was one of the men Sally Blackwell had recently dated.. He was a suspect in that case. I believe he was picked up for questioning. I'm not saying he was involved but there are alot of skeletons in that closet !
July 9, 2008 at 9:41 p.m.I'd be interested to see an in-depth story about the murder of the Bloomington coach. Start with the people that were around him daily, who was dating or seeing, dig up some new information maybe.
July 9, 2008 at 7:50 p.m.Southtexas, I'm sorry I should have made my earlier comment more clear: When I said we'll never know the wretched details, I should have said: "I don't believe that the details should be published as the subject matter is not suitable for all." No, I don't want to know the details. Some people may want to, but I don't.
I agree that doing a story on how many sex offenders in Victoria County receive probation or deferred adjudication would be an eye opening experience to the citizens of Victoria. We have more than a few registered offenders listed on the DPS website.... you may want to check it out. You may be surprised at how many there are in any given neighborhood throughout the county.
Luminary, you are reaching and missing!
July 9, 2008 at 7:45 p.m.there are quite a few people who know about the Bloomington coach. There were also people who claim to have known about Ratcliff. I lived there during his tenure & I never heard anything. But I did hear quite a bit about the coach situation. The two are unrelated.
July 9, 2008 at 6:49 p.m.Let's face it, there is a shortage of news in this town....it is just small enough to have periods of total boredom.
My family was laughing last night because of the big deal the local TV station was making about the fact that come February everyone is going to haveto have a converter if they have an old T.V. and still use an antennae. You would have thought it was a national crisis.
The Advocate does okay for a small town paper. Their bias shows; and sometimes they do try to sensationalize with flowery creative writing instead of just the facts, i.e. the recent story about the family battling the police...."The plastic wrapped table"..."The smiling family pictures looking down from the wall."
When I was in college years and years and years ago and took a journalism course....you got lots of red marks on your paper for such things if you were asked to write a "news" story.
July 9, 2008 at 6:31 p.m.I'm so confused! Everyone knows about Ratcliff or everyone knows about the Bloomington coach? If everyone knows about the coach, I don't and I don't want to know. And I want to say another thing. I don't think the Advocate has sensationalized ANYTHING. I think it has done a darn good job of reporting this story. Everyone seems to wait with bated breath for the next story to come out on Ratcliff. The readers are doing the sensationalizing. JMHO
July 9, 2008 at 6:14 p.m.I have lived here a long time.....also worked with the public. You hear a lot of things and a lot of the same things over and over. There has to be a degree of truth.
July 9, 2008 at 6:09 p.m.Come on Sal.....there is just as much if not more scandal in other counties and other states....it's everywhere.
It is a sad fact; but power at any level brings temptation and as humans the soul is weak.
Last night on one of those T.V. real crime cases.....girl is kidnapped/missing/held as sex slave in another Southern State; first part of the story the Chief of Police is doing the narrative....second part of the program the Chief was replaced by a new Chief because the first one was discovered to be dipping into the reward hotline contributions for the girl and financing his girlfriend's apartment. They actually included that in the story. It wasn't funny but you had to laugh.
July 9, 2008 at 6:07 p.m.southtexas I agree...I was hesitant to say anything else about it at all. We surely must know each other you seem to know alot of the same things I do.
July 9, 2008 at 6:02 p.m.Ratcliff had nothing to do with the coach.
July 9, 2008 at 6:01 p.m.Everyone knows....but anyone who would say it on this forum is an idiot and asking for the same rather gruesome outcome.
July 9, 2008 at 6:01 p.m.Is it possible this case is nothing more than homosexual a squabble? A he said vs he said with a side order or blackmail. The ex-sheriff is destitute.
Is it possible this case was blown out of proportion by the local press? YOU BET.
Does anybody believe lawyers, judges, or prosecutors are going to fall on their sword for a disgraced homosexual ex-sheriff? COME ON.
How many destitute sex offenders take plea bargains. MOST, IF NOT ALL.
“Finding facts might turn into waiting game in Ratcliff case” We will never know the sordid fact and that is good. This is a he said vs he said homosexual squabble – I DON’T WANT TO KNOW – PEOPLE OUTSIDE THIS COUNTY READ THIS ONLINE.
Will The Victoria Advocate ever run out of angles to sensationalize this lurid affair? NEVER – AT LEAST “THE FATAL FUNNEL” HEADER IS TAKEN UP.
Will outsiders ever quit laughing at us? NOT ANYTIME SOON WITH ACT 2, 3, 4 AND 5 (Buentello, Ure, Smith, and Armstrong) NEXT.
LETS ALL PRAY TEXAS MONTHLY DOES NOT PUT US ON THE COVER – WE ARE A SHOE IN FOR THE BUM STEER AWARDS.
I can hear it, anywhere a City of Victoria delegation represents us:
“PSST STOP LAUGHING HERE COMES THE VICTORIA DELEGATION”
AND WE WANT A NUCLEAR PLANT – NOW THAT’S FUNNY.
A DISGUSTED VICTORIAN
July 9, 2008 at 5:59 p.m.If everybdy knows what happen to the coach lets hear the theory. Ive never heard anything until the Ratcliff arrest and I felt that was grasping at straws to link the two.
July 9, 2008 at 5:58 p.m.People do know....i guess there just isn't any evidence.
July 9, 2008 at 5:47 p.m.This may be a tad off topic. I am not a police hater but someone must police them. Can someone tell me why there is a sheriff's deputy in this town that drives his patrol car w/o his seatbelt on? Is he exempt and if so am I too? What if he writes me a ticket, seems like I got a good fight. This guy works out of the mall (african man) and I don't know his name. I work at the mall and see him get onto Stockbauer w/o his seatbelt on. The other day on Rio Grande, same thing.....shiny seatbelt hanging there. Why is he exempt? B/c he is a cop? Thats crap and next time I see him, I'm taking a picture of it. I would love to complain on this guy but do you think he really will admit to it. It's only fair if I have to follow the law so does he and so does Ratcliff and the punishment should be the same all the way around.
July 9, 2008 at 5:46 p.m.Doesn't everyone in Bloomington and Victoria, pretty much know what happened to the coach? I thought that was a given.
July 9, 2008 at 5:42 p.m.~sigh~ Kenneth Wayne Hilscher He was a Great Coach!
July 9, 2008 at 4:17 p.m.Some of you posters raise some good questions. And yes, we have in the works stories on some of the same questions raised in your posts. Thanks for reading, and commenting.
July 9, 2008 at 3:43 p.m.Thomas
From some of Tylers comments I am inclined to believe so.
The Special Prosecutor said there wasn't enough evidence to insure a conviction & it would've boiled down to "he said/he said". I simply can't believe either Ratcliff or Tyler would have any sway with a judge or prosecutor from San Antonio, much less both. I also can't believe after 1+ year of investigating they had no more evidence against him than just the accusation & they still charged him. Either Tyler felt like he HAD to charge him & get an indictment to appease the city officials or Tyler knew there was more to it & hoped something else might turn up. Most likely we will never know....kinda like the Bloomington coach....this will become another Victoria Urban Legend.
July 9, 2008 at 2:58 p.m.Did the actions of Armstrong/Ure/Smith end-up forcing the DA to take the case to grand jury before all the evidence was gathered? Had they not interfered, the DA would have had more time to gather more evidence to convict.
July 9, 2008 at 2:45 p.m.N2M...my question has always been....why would Tyler risk everything for a man he should barely know (since he didn't move here til 2000)? That has always bothered me....but there are probably others who would have something to lose from a conviction & something to gain with a plea agreement. Like I said this is a THEORY not presented as fact (disclaimer).
July 9, 2008 at 2:31 p.m.Leftthistown (LTT) - I actually like the theory. Tyler's latest quote eluded that he would not have offered a plea. He said something like, "when I take a case to the grand jury I expect to get a conviction." Did the Ure, Mayor, et al spoil a conviction? How sad.
July 9, 2008 at 2:21 p.m.So how bout this for a conspiracy theory.....Tyler comes to town in 2000 & works for the DA. While working there he heard stories about Ratcliff. He also hears about the DPS investigation. Ratcliff is no longer sheriff & is working with kids at the juvie center so Tyler offers him a job to keep tabs on him (where they can watch his actions on the internet & at work in real time). DPS is doing their thing & then the VPD, mayor & city attorney jump in & muddy the waters, accusing DPS & Tylers office of a cover up etc etc. Tyler is angry about their actions, because by interfering they ruined his chances of getting any type of current evidence to get a conviction, since they had none from the alleged incident, so he charges them with perjury & interfering. Now, wouldn't it be funny if the city officials muddied up the waters cuz they were actually trying to cover up the Ratcliff situation & by interfering they were assuring a plea deal? And Tyler was actually trying to get a child molestor off the streets? I know...I should keep my day job, but it is an interesting theory for those who like conspiracies.
July 9, 2008 at 2:10 p.m.jrv - Ratcliff is paying for his own attorney. The taxpayer is not paying Filley's fees. Filley's fees are paid by Ratcliff alone. Also, some folks still think Tyler was the acting DA on this case. News Flash - Tyler was not the acting DA on this case.
July 9, 2008 at 1:52 p.m.Well, if that is your opinion then I am very thankful you are not in a position to make these decisions. That is my opinion.
July 9, 2008 at 1:52 p.m.Leftthistown... again, simply giving my opinion on the story, thank you very much. Have a great day!
July 9, 2008 at 1:47 p.m.How about a story from the Advocate about how many sex offenders take plea bargains. I bet their are more pleas than what people realize. I don't have inside information on numbers... I just know that most cases are never taken before a jury. Most are plead out.
July 9, 2008 at 1:42 p.m."They obviously did not know him that well.".................or maybe, they did.
July 9, 2008 at 1:32 p.m.jrv, Ratcliff had the right to any attorney he could afford. Had he not been able to afford an attorney one would have been appointed for him. You cannot say he could not use Filley cause you heard they were friends! Do you have any lawyer friends? If so, wouldn't you wish to use them if you were ever in need of a lawyer? Wouldn't you be screaming bloody murder if the court told you you couldn't because of your prior friendship?
July 9, 2008 at 1:30 p.m.Filley did not get him this deal the SPECIAL PROSECUTOR did, Filley just advised Ratcliff to take it.
i just hope the judge does not accept the plea. he admits that he lied about the kid. i wish that everyday citizens like me could choose what they will be charged with when they break the law. if i could, i would rob first victoria, then say that i didn't, then when confronted by a judge, i would admit that i lied about it take 10 years probation and be done with it. man what a system that would be! if we would follow the law for everyone no matter what race they are or no matter if they are a normal citizen or someone of "importance", we would not be having this discussion now. i don't think that if a "everyday citizen" had sex with a minor they would even be given the chance to plea. they would be in jail period end of story. that's the way it should be. but that's just the opinion of a truck driver.
July 9, 2008 at 1:23 p.m.southtexas, I am a little tired of you putting down peoples opinions. We have to listen to yours. And I didn't say people in law enforcement are backing Ratcliff, I said people in law... as in Filley and some other lawyers and judges who I won't name. I really didn't want to say names, but I had to say one. Filley has been his friend for sometime or so I remember hearing. They should have let a visiting lawyer defend him, not his friend. Anyway I am entitled to an opinion and so are you. We are supposed to be commenting on what our opinion is, not bearing down on the people giving their opinions. Lighten up!
July 9, 2008 at 1:21 p.m.JMO31 I believe you are correct!
July 9, 2008 at 12:10 p.m.Odds are we never will know. And do we really need to know? Is it honestly going to affect our lives (those not affected) one way or another? And honestly if the truth ever does fully come out & it does not turn out to be what was expected, will it be accepted by all or will there still be a segment that chooses to believe the story they came up with on their own? Victorians love their conspiracy theories & like to believe what they want about the people they like/dislike, truth be damned. After the Grimsinger plea deal, when he actually admitted killing Ms. Blackwell, some folks still did not believe he did it. So in actuality, I don't think it matters one way or another if the general public ever finds out the truth as it won't satisfy everyone.
July 9, 2008 at 11:35 a.m.Mimi....I have a problem with the public wanting the "wretched details"....as you state.
In your experience with being falsely accused, did you put those "wretched details"....the lies the other people told about you out for everyone's review. The same applies here.
July 9, 2008 at 11:32 a.m.atx58gurl....It took 10 years because the charges were not made until 10 years after the supposed act by a young man who was getting ready to go to jail for breaking his probation and then suddenly remembers this event from 10 years past. Surprise....he was released. Also, Dexter Eaves is no longer the D.A. I think you are a bit behind on the Victoria Gossip.
July 9, 2008 at 11:30 a.m.We will never know the wretched details if the judge accepts the plea. No way will he be asked to allecute to any crime other than the aggravated perjury. Did he molest this victim before the victim was 18? No one can say beyond a reasonable doubt.... however, many of us, myself included, believe the victim to be telling the truth. IMO, there is no reason why the judge would deny the plea. It was made by the prosecutor de jour. Historically, judges will stick by what the prosecutor recommends within reason....
July 9, 2008 at 11:28 a.m.JRV: I would like to know where and how you get the impression that law enforcement is backing Ratcliff....They have thrown him under the bus big time.
July 9, 2008 at 11:27 a.m.I know that not all lawyers,judges, and police officers are bad, but this really makes it hard to trust anybody in our justice system. I really don't know why everybody that is in law are backing up ratcliff, it is not like he is anybody in this town anymore,law enforcement has already been tarnished because of him, and why? just because all higher ups in this town have known him for years. They obviously did not know him that well.
July 9, 2008 at 10:19 a.m.It's been 10 years and people are just now finding out about this? Thank God I don't live in Victoria anymore! The whole city is crooked--I couldn't wait to get out of there. So Ratcliff is one of the bad guys now? Wake up people, the whole judicial system in Victoria is crooked; making up laws as they see fit. Ratcliff must have p****d somebody off and NOW they have decided to go after him; how two-faced of them. Funny how he was one of the good ole boys not so long ago. Oh, btw, you might want to check with some of the women who worked with Ratcliff. I don't think his sexcapades ended with men.
Dexter will be next--wait and see; it might take some time though. It only took 3 decades for them to indict Ratcliff; now people are supposed to be so grateful to them for figuring this out? Please. When I was there, I heard he was too busy getting his freak on to give a damn what was going on in the city. Victoria sux, some things never change. Austin isn't much better though, they just do things on a bigger scale. Like Victoria County, they make up their own laws too<----------I think it's a Texas thing. ;)
I'll bet the Advocate doesn't let this get printed. Corruption isn't the only thing that is alive and well in Victoria County. Maybe the city should be renamed Peyton Place. LOLOL
July 9, 2008 at 1:42 a.m."When will we know?"
NEVER
July 8, 2008 at 11:11 p.m.