My name is Bob Phillips and I have been a criminal defense lawyer here in Georgetown since 1987. I started as a prosecutor back in Dallas in 1980 working for the legendary Henry Wade, who was the incumbent DA in Dallas for 35 years.

I came down here in 1985 with my wife and two children because we wanted to live in a small town environment, small town community. I took a job with the DA’s office in Williamson County and was a chief felony prosecutor for two years and then went into private practice in 1987.

I kind of fell into being a lawyer by accident. I had graduated from the University of Dallas in 1976 with a history degree and all I ever wanted to be was a newspaper reporter.

I was determined I was either going to be the next great sports writer or the next sportscaster.

My dad talked me into going to law school in case journalism didn’t work out. Three years later I get my law degree from the University of Texas in 1979, I don’t even apply to law firms, I apply only to newspapers.

I got a job with the Dallas Times Herald, which was at that time the afternoon newspaper in Dallas.

I was working the police beat and interviewing quite a few prosecuting attorneys at the Dallas County DA’s office. That was the only area of the law that fascinated me at law school, and so after a while I decided I would apply for a job there.

They were very skeptical about me at first because they thought maybe I was on some undercover journalism assignment, but I convinced them I was genuine and they hired me.

I spent five wonderful years at that DA’s office and I’ve been a criminal lawyer since 1980…32 years.

As a criminal defense lawyer, I represent individuals accused of criminal behavior, everything from a misdemeanor DWI all the way up to capital murder: I handle cases in federal court, everything from white collar to street drug crimes.

For seven years I prosecuted these cases in two different DA’s offices, Dallas and Williamson County, and over the years I have tried over 250 jury trials and handled probably over 5,000 of various kinds to their disposition.

Essentially I represent individuals who are being accused of doing something criminal and I help them get through their ordeal by either entering a plea bargain with the state, getting their charges dismissed or trying the case to a judge or jury.

There is a lot of pressure because you literally have the lives and futures of the people that you’re representing in your hands and admittedly in many cases the conduct of the individual is what put them in the position they’re in. You don’t, as a lawyer, bear responsibility for their conduct, but at the same time what happens next for them, the future, is largely up to what your talent and experience and resourcefulness can obtain for them.

There are a number of challenges to being a defense lawyer especially in Williamson County. Williamson County is a very accurately known as a tough-on-crime county and the judges and jurors are conservative and very pro-law enforcement. So representing the defendant in a criminal case is a challenge in itself because, even though the jury is instructed to presume the defendant innocent and not to convict unless they’re convinced beyond a reasonable doubt, it’s not always easy to persuade jurors to follow their oath.

I have had a very satisfying and rewarding career doing that and I have had my share of success doing that, but it’s very challenging.

Sometimes people ask me, how can you stand representing people accused of crimes knowing that they have done something wrong? When I was a prosecutor I never thought I would be able to do it with a clear conscience but really it has been my Christian faith that has enabled me to do it.

If you look carefully at the American justice system, it is rooted in Judeo Christian principles, especially the notion that all of us are sinful, flawed people.

That is why we make our juries reach a unanimous verdict; we don’t want to have any mistakes made by well-meaning but flawed jurors. We allow defendants to cross-examine witnesses because we don’t want people wrongfully convicted.

I practice law honorably,  honestly and I play by the rules. I’m aggressive and relentless in my pursuit of victory, but I don’t cheat to win. So as long as I’m doing that and I’m consistent with my calling as a Christian, my conscious is clear because the system itself is the fairest, most just, most honest system that there is on the earth.

Within that system and the rules that are provided in it, both sides have a say in the case and so the verdict by the jury or the judge is as close to true justice as this life can provide. My role in it, whether I’m a prosecutor or a defense lawyer, is an honorable role that I have really enjoyed.

I enjoy being a criminal defense lawyer for the same reason I enjoyed being a newspaper reporter – I love telling the human story. I love the gritty, human drama that every trial really is – and I love the competition.

By Bob Phillips as told to Brianne Tolj. Story has been edited for organization and condensed for space.

The Sun – July 3, 2011

Capital murder defendants Charles and Jennifer Bowen got back their defense attorney last month after the Texas Court of Criminal Appeals ruled in June that the lawyer did not have a conflict of interest.

District Court Judge Burt Carnes disqualified attorney Bob Phillips in May of last year after a protest by Williamson County District Attorney John Bradley. The appellate court reversed that decision and the Bowens murder trial is now scheduled for August 15.

After a year off the case, Mr Phillips said he will have to work “double time” to be prepared for the new court date.

“It’s unprecedented in my career to be disqualified from a case and it’s also unprecedented to have a higher court put me back on the case I don’t really have any basis for comparison,” Mr. Phillips said.

He declined to comment on the Bowens except to say they are “happy to have their lawyer back.”

Mr. Bradley said he sees no reason to appeal the decision to the Texas Supreme Court. He argued that Mr. Phillips had a conflict of interest because of his representation of then-murder defendant William Ballenger, who might have testimony relevant to the Bowens case.

Judge Carnes and the Wil-Co District Attorney’s Office said that Mr. Phillips would be placed in an awkward position as a result of representing both Mr. Ballenger and the Bowens. Mr. Ballenger was convicted in September and sentenced to 40 years in prison.

“At the very least, he would be forced to attack Ballenger’s credibility as a jailhouse snitch,” according to the motion filed by the district attorney’s office.

The Court of Criminal Appeals disagreed.

“The potential for such a conflict is not serious,” wrote Judge Tom Price, who delivered the court’s 8-0 majority opinion. “That the defense regards Ballenger as a friendly rather than a hostile witness would seem to lessen the need for a vigorous, adverse cross-examination of a Ballenger.”

The Bowens are accused of murdering Ms. Bowen’s ex-husband John David Blattner, who was found shot to death April 11, 2009, in a  remote part of eastern Williamson County. Family members last saw Mr. Blattner on March 28, 2009, at his Round Rock apartment.

Mr. Bradley said the year-long delay has not negatively impacted either the prosecution or the defense in the Bowens case.

“We wanted to make sure that we don’t have a problem once we start a trial,” he said. “I’m just glad we got an answer and will respect their decision on the matter.”

The district attorney’s office got an answer from the State Bar of Texas as well.

In addition to filing a motion to disqualify Mr. Phillips through the courts, the office also filed a grievance with the State Bar accusing him of unethical behavior.

The grievance was summarily dismissed. Mr. Phillips said it was also the first time in his 30 years as at attorney that a prosecutor filed a grievance against him.

“They were so desperate to get me off the case that they filed an ethical complaint with the State Bar as well as Carnes,” he said. “To put it mildly, it was very distasteful to me.”

Austin attorney Keith Hampton represented the Bowens over the last 12 months because he was concerned that the district attorney’s office had a vendetta against Mr. Phillips, he said.

It’s a cornerstone of constitutional law that defendants are entitled to the legal counsel of their choice, Mr. Hampton said.

“This district attorney’s office did literally everything it could to remove Bob Phillips from the case and it’s not because he’s a crummy lawyer,” he said. “They want after him I think because he is extremely good.”

Mr. Bradley declined to comment on the grievance with the State Bar and denied that his office’s attempt to remove Mr. Phillips was anything but legal concerns about a fair trial.

“Mr. Hampton is mistaken in that regard,” Mr. Bradley said. “We’ll still have a good fair trial.”

Michael J. Gulig, who sat on the jury acquitting Phillips’ DWI client back in 1993, was so impressed by the defense lawyer’s performance, that he never forgot it.  Recently, Gulig wrote to Phillips and his firm

“A number of years ago, you tried a DWI case in McLennan County.  I served on the jury of that case.  You represented your client superbly, and it didn’t take us more than 15 minutes to return a “not guilty” verdict.  I recall introducing myself to you after the trial and asking for one of your cards, thinking that if I ever needed a criminal attorney to represent me you would be the guy.  Thank God that such a situation has not come to pass.

But I recently did need help on a client matter in Georgetown, and I am writing to thank you personally for the courtesy that your staff extended to me by assisting one of my clients in the execution of Powers of Attorney and a Living Will.  Wendy was quite gracious in listening to my rambling initial phone call asking for a favor, and Janet was very accommodating in meeting with my folks and making sure that everything was done right.

I will certainly do everything that I can do to return the favor if you ever happen to need anything in this area.  Please feel free to call on me if you ever have the need to do so.  Again – many thanks.”

A jury deliberated nearly 6 1/2  hours Thursday before acquitting three of four men charged with misdemeanor trespassing for blocking an entrance to an Austin clinic during an abortion protest in December.

A sentencing hearing will be this morning for the man found guilty David Sweet, 27, Minister of Missions at Crestview Baptist Church.  The trespassing charge carries a maximum punishment of six months in jail and a $1,000 fine.

The four men were the first to face trial on criminal trespassing out of about 190 protesters charged in the recent series of sit-ins outside Austin clinics.

Jurors began deliberating the case at 4:30 p.m. and reviewed a 20-minmute videotape of the protest along with other testimony.

The defendants found innocent, all from Austin, were Samuel Reed, 56, Senior Minister of Southwest Christian Church at 6523 Emerald Forest Drive in Austin; Phillip Landrum, 48, also a minister at the church; and David Burnett, 28, District Sales Manager for USA Today.

They were arrested December 9 after a sit-in at Reproductive Services at 1009 E. 40th Street.  Protesters blocked the entrances to two Austin clinics in the sit-ins, which were organized by Austin Rescue, an anti-abortion group.

The trial began Monday before County Court-at-Law Judge Steve Russell.

Their attorney, Bob Phillips of Georgetown, told jurors in final arguments Thursday that testimony conflicted about whether police had warned the protesters they were trespassing and were subject to arrest.

Phillips contended a warning that other officers said was given by police Lt. John Stewart “never happened.”  He said there was conflicting testimony from police officers during the trial on whether the protesters received one or two warnings and where they were given.

Other protesters testified they were confused when police carried or escorted them from the third floor of the building where the clinic is located, but did not arrest them until later.

But Assistant County Attorney Mike Denton, accusing the protesters of “blocking people’s freedom of choice,” said police had given them an extra chance to leave.

Denton said there were “well-meaning, strong-convicted people on both sides of this issue.”  But he said the defendants in effect were saying, “Not only will I break (the law), but I will take your freedoms away.  I will take your liberties away” by blocking clinic entrances.

For a free consultation with an experienced Georgetown, Texas criminal defense lawyer contact Robert M. Phillips & Associates.

Free consultations ~ Credit cards accepted ~ Conveniently located directly across the street from the Williamson County Jail and next door to the Williamson County Courthouse Annex

512-930-1926

A former Round Rock elementary school teacher, Kumi Houston, was placed on “shock probation” today, after serving 100 days in prison, pursuant to a plea agreement between her lawyer, Robert M. Phillips of Georgetown, and the Williamson County District Attorney’s office.  In a case that generated a great deal of media publicity, both on local television and print media, Ms. Houston had been accused of having Improper Sexual Relations with a student, a second-degree felony (which carried a potential twenty-year penitentiary sentence).

“There were elements of the case that cried out for a jury trial,” said her lawyer, Bob Phillips, after the sentence.  “The facts might well have generated reasonable doubt in a jury, but Ms. Houston opted to settle the case, in no small part to spare herself and her family the indignity of the public spectacle of a trial.”

It is rare for sex offenders in Williamson County to escape long penitentiary sentences.  Mr. Phillips said after the verdict that he was “quite pleased” with the result.

On Tuesday, January 22, 2008, Judge Mike Jergins of the 395th Judicial District Court in Williamson County, signed an agreed Order of Dismissal, whereby the State of Texas and Child Protective Services agreed to return full custody of Aidan Freas, 4 years old, to his mother, Ashli Freas, 23.  Two summers ago, Aidan ingested several Sweet Tart candies, laced with LSD, leading to criminal neglect charges against his mother for endangerment of a child, as well as the temporary termination of custodial rights for Ms. Freas.

“It’s been a long ordeal, but it has had a happy ending,” said Ms. Freas’ lawyer, Robert M. Phillips of Georgetown, who represented her on both the civil and criminal cases.  “Even though we were successful in getting the felony criminal charges dismissed rather early, the government was extraordinarily cautious in returning Aidan to Ashli’s care, despite the absence of criminal charges.  She has done everything asked of her, by both the Court and CPS, and despite how painful it has been to be apart from her son, she has matured greatly in the process, and is actually now a sought-after speaker to single mothers facing various struggles and temptations, both with drugs and unsavory associates.”

Ms. Freas was arrested for endangerment of a child on June 19, 2006 (the day Aidan ingested the LSD), but that case was dismissed on January 10, 2007, when charges were reduced to a misdemeanor (failing to report a felony).

A Williamson County jury today sentenced eighteen-year-old Thomas Little to ten years probation for his role in an aggravated robbery of an area What-a-Burger, which occurred on August 5, 2005.  After deliberating for less than four hours, the jury unanimously agreed to the probationary sentence, despite the fact that the Williamson County District Attorney had sought a twenty-five-year penitentiary sentence for Mr. Little.

“We are most gratified that the jury was unmoved by the emotional arguments of the prosecutors in this matter,” said Bob Phillips, Mr. Little’s attorney.  “Tom made a horrible mistake by agreeing to be the driver in this botched aggravated robbery, but, thankfully, no one was hurt, and the jury realized that even in Williamson County, justice should be tempered with mercy.”

Little was facing a potential life sentence in the first degree felony charge.

According to informed sources at the Williamson County Courthouse, a grand jury this week returned two no-bills against Precinct 1 Commissioner Ron Wood.

A no-bill means that the grand jury determined there was insufficient evidence to warrant prosecution of Wood.

The grand jury investigation stemmed, in part, from charges of political corruption leveled by Round Rock Mayor Mike Robinson at a February 19 press conference.

Robinson Said Wood, a Republican, visited him at his City Hall office February 11 and threatened retaliation against the Round Rock City Council and the city if council members supported former Round Rock Councilman Mike Heiligenstein, the Democrat challenging Wood’s reelection efforts.

“They had better hope that Heiligenstein wins, because if not, the council and the city would be raped for four long years,” Robinson quoted Wood as saying.

Wood denied he had threatened the mayor, but said he had asked him to remain neutral.  Wood said his only aggressive statement at that time was promising to help defeat Robinson in any bid he might make for county judge 1990.

Six days after Mayor Robinson’s press conference, a special prosecutor was called in from Belton to present evidence at a grand jury hearing investigating Wood after Williamson County district Attorney Ken Anderson requested someone else be appointed because of an “apparent conflict of interest.”

Belton attorney Jim Kreimeyer said Thursday the grand jury listened to a tape, read several documents and heard from seven witnesses during some nine hours of hearings.  Among those subpoenaed to testify at the hearing were Judge John Carter Commissioners Jerry Mehevec and Raymond Rister, former Commissioner Carl Lidell, District Attorney Anderson and Assistant County Attorney Sara Naylor.

The 12-member jury deliberated about 15 minutes before returning the no-bills, he said.

“There were never any charges against Wood per se,” the special prosecutor said.  “This was only an investigation.  I’m thoroughly shocked that everybody over there knew about it in the first place.  This was supposed to be a secret hearing.”

Wood hired attorney Robert Phillips of Mealy, Grimes, Morse and Phillips “immediately” after Mayor Robinson’s press conference, Phillips said.

The Georgetown attorney who represented Wood during the grand jury hearing Thursday called the investigation a “very scary and extremely deplorable exploitation of the criminal justice process.”

“Mayor Robinson complained that Wood had in some sense corruptly threatened him,” Phillips said.  “The transcript of the conversation shows clearly that all Ron Wood did was threaten to work against the political ambitions of the mayor in 1990 if the mayor worked against Ron Wood’s campaign this year.  That is not a crime.”

“I personally think that Ken Anderson should have never referred it to a grand jury,” Phillips added.  “My opinion is that this entire matter would have stopped dead in its tracks at the DA’s office if it had involved somebody other than Ron Wood.”

In a press release issued just after the no-bills were returned, Wood said he was “gratified by the findings of the grand jury.”

“Until Tuesday evening, I could only hope that truth and justice would prevail against lies and partisan politics,” Wood stated.  ” . . . All along, I’ve maintained my innocence of the charges brought against me by the major of Round Rock.”

“It is clear to me, and I must believe that it was also clear to the grand jury, that these accusations were politically motivated, and without substance.  This man was wiling to tape record a private conversation, wait until I was out of town before accusing me and mislead the press and the people – all as an excuse to use his non-partisan office to endorse his buddy.”

Mayor Robinson declined to comment on the no-bills, saying he would issue a public statement at a later date.

For a free consultation with an experienced Georgetown, Texas criminal defense lawyer contact Robert M. Phillips & Associates.

Free consultations ~ Credit cards accepted ~ Conveniently located directly across the street from the Williamson County Jail and next door to the Williamson County Courthouse Annex

512-930-1926

It’s not every day, every year – or even every decade – that a jury acquits a criminal defendant in the 368th Judicial District Court in Williamson County.

It happened this month, however, and District Attorney John Bradley said he isn’t at all surprised that 12 jurors found Carlton Manson Mathis, 41, not guilty of felony drunk driving.

“Defense attorney, Mark Brunner, did an admirable job,” District Attorney John Bradley said, and a key bit of evidence was missing – the defendant’s blood-alcohol level.

“The circumstances of the not guilty in that case were somewhat predictable,” he said. “The law says the defendant is supposed to provide a sample of breath or blood to the officer, but obviously the officer can’t force them to do that. We are seeing an extraordinary rise in people who are not providing breath or blood samples.”

Especially with repeat offenders, Mr. Bradley said.

In 1995, Mr. Mathis, a Georgetown resident, was convicted of misdemeanor driving while intoxicated in both Travis and Comal counties. In April 2005, after leaving a company barbecue in Williamson County, he was stopped and later arrested for his third DWI, a felony. He refused to provide a state trooper with a breath or blood sample. He failed to perform a field sobriety test as instructed, the trooper testified.

Mr. Mathis testified in court that he had drunk four or five beers over a five-hour period. He said he was not drunk when officers pulled him over; although he did tell them he was exhausted from not having slept in 20 hours. The jury also heard evidence that Mr. Mathis had been convicted twice for DWI.

“It was clear that the issue the jury had trouble with was not whether he was driving or drinking, but whether he was intoxicated within the meaning of the law,” which in Texas means a blood-alcohol level of .08 percent, Mr. Bradley said.

“We’re seeing more and more of this,” he said.

There are consequences for refusing to give officers a blood or breath sample: loss of driver’s license, paying a fine. Refusing to give a sample, however, greatly increases the refuser’s chances of winning in court. More people know that now because of defense attorney advertisements and Web sites dedicated to beating DWI convictions, Mr. Bradley said.

“The current approach of Texas law is an utter failure in terms of collecting evidence,” he said.

County Attorney Jana Duty said “Word’s out” – refuse the breath or blood tests, refuse the field sobriety test, do better in court. People are savvier about drunken-driving laws than they used to be, she said.

Because of that, Mr. Bradley said he has asked state Rep. Dan Gates, a Georgetown lawyer and former prosecutor under Mr. Bradley, to file a bill this session that would make it mandatory for felony DWI offenders to provide a blood or breath sample.

“When a drunk driver kills or seriously injures another person, Texas law requires the officer to take the [drunk driver] to hospital and take a blood sample,” Mr. Bradley said. “But unfortunately there has been no extension of that to simple felony DWI.”

Rep. Gattis, who represents Milam County and part of Williamson County, filed the bill on Thursday, but did not return phone calls from the Sun this week.

Bob Phillips, whose Georgetown law firm employs defense attorney Mr. Brunner, said penalties for refusing to submit to a breath or blood test are already severe enough.

For a free consultation with an experienced Georgetown, Texas criminal defense lawyer contact Robert M. Phillips & Associates.

Free consultations ~ Credit cards accepted ~ Conveniently located directly across the street from the Williamson County Jail and next door to the Williamson County Courthouse Annex

512-930-1926

Bob Phillips gains board certification

Georgetown lawyer Bob Phillips has been board certified in criminal law by the Texas Board of Legal Specialization, thus becoming the first criminal defense lawyer in Williamson County history to earn the status.

Phillips, a name partner in the Georgetown firm of Morse, Grimes & Phillips, was elated at the news.

“I worked very hard to get board certified,” said Phillips, “and it’s very gratifying to finally reach that career plateau.”

To become board certified, a Texas attorney must be licensed for at least five years, at least three of which must have been devoted to his specialty; he must have handled a wide variety of cases in that specialty; he must withstand a withering peer review by area judges and fellow lawyers concerning his special competence; and finally, he must pass a day-long written examination.

Less than 10% of Texas attorney are board-certified specialists.

Phillips, who began his legal career in Dallas ten years ago as a prosecutor in the Dallas County District Attorney’s office under the legendry Henry Wade, achieved the rank of Chief Felony Prosecutor under Wade before leaving Dallas in 1985 to come to Georgetown.

From 1985-87, Phillips served as Chief Felony Prosecutor in the Williamson County D.A.’s office before resigning to become a partner in his current firm.

During his seven years as a prosecutor, Phillips handled more than three thousand felony cases and tried more than 175 jury trials, including fifteen murder trials, and lost only one felony case.

In his three years in private practice, Phillips has tried a wide variety of felonies and misdemeanors, but perhaps his most celebrated case to date was his successful defense of ex-Williamson County Commission, Ron Wood.

Phillips secured a no-bill for Wood from a Williamson County Grand Jury in April of 1988, after Wood had been charged with official misconduct for allegedly threatening Round Rock Mayor Mike Robinson with political retaliation for the latter’s failure to support Wood’s re-election bid. (Wood was later convicted in 1989 of an unrelated document-tampering charge. “He had a different lawyer on that case,” smiles Phillips.)

Phillips handled a major federal case in Dallas two years ago, but primarily practices in Williamson, Travis and adjoining counties.

Although now certified in criminal law, he does handle other cases as well.

“About 80% of my practice is criminal defense,” said Phillips, “but I do handle some personal injury and civil litigation matters, also. I just enjoy trying lawsuits – it doesn’t matter what kind.”

For a free consultation with an experienced Georgetown, Texas criminal defense lawyer contact Robert M. Phillips & Associates.

Free consultations ~ Credit cards accepted ~ Conveniently located directly across the street from the Williamson County Jail and next door to the Williamson County Courthouse Annex

512-930-1926