Complaint against 2 Rains County officials amended to allege ‘judicial treachery’

TYLER, Texas (KLTV) - A man accusing two Rains County officials of misconduct has amended his complaint.

The United States District Court for the Eastern District of Texas in Tyler granted the change as of July 18, according to a release from the prosecuting attorney.

Cody Wiebe, the plaintiff, filed the original complaint against Justice of the Peace Robert Jenkins Franklin on May 1. The amended complaint adds details not known at that time.

Following the original filing, Franklin was arrested in May then suspended without pay on June 4. Rains County Judge Linda Wallace also stands accused of coercing a witness in connection with the complaint against Franklin. She was arrested on July 2 and suspended on July 8.

The amended complaint implies the actions of these two officials amount to “a coordinated campaign of judicial abuse and retaliation aimed at silencing Wiebe, who brought attention to misconduct by Judge Franklin,” the release says.

The wording of the complaint itself describes Franklin’s actions as “a broader pattern of misconduct, known to county officials who failed to intervene.” The prosecution says this failure to act makes Rains County itself liable under what is known as a Monell claim.

Franklin has been indicted for four counts of misconduct: two instances of official oppression and two of tampering with a witness. He has been accused of calling Wiebe and telling him “dead men can’t testify” in order to coerce a guilty plea and influence Wiebe’s testimony.

Wallace has been accused of then conspiring with Franklin to pressure a county clerk into signing a false affidavit and adjusting her testimony as a witness against Franklin.

The prosecuting attorney claims that affidavit is now central to potential sanctions and efforts to unseal relevant records.

“Two elected judges used the weight of their offices to falsify evidence, intimidate a witness and try to derail a legal proceeding involving a private citizen,” the attorney claims. As a result, the prosecution now alleges the case represents not only misconduct but “judicial treachery.”

Alongside the federal court case for official oppression and witness tampering, Wiebe’s attorney says they have filed a state lawsuit to remove the suspect affidavit from the record, find Franklin in contempt and level monetary sanctions against him.

The release notes that the defense has until July 30 to respond.

Related:

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• Rains County judge arrested, accused of tampering with witness
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• Lawsuit alleges Rains County judge coerced guilty plea by death threat
• Rains County justice of the peace booked into the Van Zandt County Jail
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