Criminal cases against at least two of County Judge Lina Hidalgo’s former employees have been dismissed by the Office of the Attorney General, nearly two weeks since District Attorney Sean Teare recused himself of the prosecutions.
Prosecutors under Attorney General Ken Paxton, who joined the case last April, filed motions Wednesday to dismiss Aaron Dunn and Wallis Nader’s respective charges of misuse of official information, tampering with records, their lawyers confirmed. The 2022 charges stemmed from accusations that Dunn and Nader, while working for Hidalgo as advisers, handed a $11 million COVID-19 contract to Elevate Strategies, a bidder with Democratic ties and little public health experience, after giving them insider information.
The dismissals, which a judge later signed, cite “interest of justice” in their decision to end the prosecution.
“We are pleased that the criminal charges against Aaron Dunn have been dismissed,” Dunn’s attorney, Derek Hollingsworth, said in a statement. “This brings an end to a politically motivated prosecution that never should have been brought to court.”
The same charges against Alex Triantaphyllis remain pending, records show. He is slated to return to court in February.
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Former district attorney Kim Ogg held up the so-called Elevate Strategies investigation as a symbol that her former office was holding public officials to task. Her targets, however, considered the prosecutions more akin to a smear campaign.
Hidalgo, herself, has declared the prosecution the result of Ogg’s “dirty politics.”
On Thursday, the county judge briefly addressed the dismissals as proof of Nader and Dunn’s integrity.
“I’m glad everyone else can see that now too,” Hidalgo said.
Ogg refused to discuss the dismissals and other matters when reached at the Harris County Administration Building, where she now works. She then called a Chronicle reporter “biased” as she walked outside.
Ogg has defended her prosecution of Hidalgo’s former staffers even as Democratic precinct chairs listed prosecutions like it among their grievances used to censure the then-district attorney before her 2024 primary loss. Weeks later, she partially handed the prosecution to Paxton’s prosecutors, arguing Teare could not be trusted with the cases if elected to replace her.
Her decision allowed Teare to keep some control come January by not recusing her office outright.
Teare moved to recuse his office after assuming Ogg’s old job, citing “intense political and media scrutiny” over the contract investigation and indictments against the former aides.
Paxton’s office did not respond to an email requesting comment on the dismissals. His prosecutors cited “interest of justice” in ending the prosecution without further explanation. Other reasons on the form, that were not checked, included insufficient evidence or the granting of immunity.
Amanda Peters, a professor at South Texas College of Law, said prosecutors are allowed some discretion in whether a case continues, especially if it’s unlikely to lead to a conviction. And as for the vague reasons surrounding the dismissals, Peters said prosecutors are often taught to leave dismissal reasons vague to prevent further legal actions, such as civil rights complaints for malicious prosecution.
See here, here, and here for some background. The dismissal of charges against Dunn and Nader certainly lends credence to the allegations that this case was political in nature, the result of the feud between Judge Hidalgo and now-former DA Kim Ogg. There are still charges pending against Alex Traintaphyllis, though, so let’s hold off on making any broader statements just yet. Maybe that’s still under review, maybe there’s a plea deal in the works, maybe the new prosecutors will show up at the next court date in February and announce they’re ready to move forward. In the meantime, I’m sure Dunn and Nader, who can now file to get their lawyers’ fees reimbursed from the county, are happy with this outcome. Houston Public Media has more.