Appeals court clears way for suspended Texas AG Ken Paxton trial on security fraud

HOUSTON - More legal jeopardy for impeached and suspended Texas Attorney General Ken Paxton after an appeals court cleared the way for the State's highest-ranking law enforcement officer to face a jury on allegations of security fraud dating back to 2015.

Paxton is also awaiting trial by the Texas Senate on 20 articles of impeachment later this summer.

Eight years have passed since Paxton was indicted in Colin County on felony three counts.

SUGGESTED: Houston boarding home issued stop work order after several violations

Prosecutors allege Paxton solicited investors in a tech company without revealing that he was being paid to promote the stock.

In 2017, those same independent prosecutors Kent Schaffer and Brian Wice claimed they couldn't get a fair trial in Colin County where Paxton had served as a Republican state legislator for more than a decade.

That battle over venue has lingered for five years until Wednesday's appeals court decision.

MORE: Ken Paxton’s securities fraud trial will remain in Houston, court rules

"Harris County is a neutral playing field. There are millions of potential jurors that come from all walks of life, all political persuasions and there will be a good cross-section of the community. You will get a better jury in Harris County than anywhere else in Texas," said Schaffer.

"The grand jury returned three separate charges that we think we can prove in court," added Schaffer.

Paxton's defense team, headed by Houston attorneys Tony Buzbee and Dan Cogdell, was quick to react.

DOWNLOAD THE FOX 26 APP BY CLICKING HERE

"Today’s decision doesn’t matter. This case is a loser and that’s why the so-called prosecutors have continued to delay this case for almost a decade now. This case has been before the Court of Criminal Appeals for nearly two years and the timing of today’s decision was no coincidence specifically timed and designed to create maximum negative press and political damage to the Attorney General and targeted to hurt him with the Senate," said Buzbee.

Schaffer does not believe the fraud case will reach a jury before the Senate impeachment trial convenes later this summer.

"There are pre-trial matters that have to be ruled on, so it wouldn't surprise me if this case doesn't go to trial until the end of the year or the first of next year," said Schaffer. "I think he (Paxton) is going to be busy for the next several months."