Terence L.

O'Rourk e Houston, Texas

December 30, 2011

The Honorable David Hittner United States District Court 515 Rusk Avenue, Room 8509 Houston, Texas 77002 Re: R e q u e s t for Probation

CR No. H-10-886; United States of America v, Gerald R. Eversole

and Michael Surface; In the United States District Court for the Southern District of Texas; Houston Division Dear Judge Hittner: The primary responsibility for removing corrupt County ofcials under Texas laW is placed with the County Attorney. I n Houston, Harris County, Texas that responsibility is with Hauls County Attorney Vince Ryan. I am his First Assistant and have had the duty to review, evaluate and investigate all o f the criminal charges brought by the United States against Harris County Precinct Four Commissioner Jerry Eversole. Twenty-ve years ago, Vinc e Ryan and I worked together for Harris County Attorney Mike Dris c oll in the investigation and prosecution o f Harris County Precinct Three Commissioner R.Y, 'Bob Ec kels for corruption. Vin c e was the First Assistant County Attorney and I was a Senior Assistant. There are striking parallels in the charges in the Eckels and Eversole cases. Our c iv il case against Eckels included a County contractor with whom the Commissioner had a close relationship. I t resulted in a guilty plea by a corporate contractor for an unlawful gift to a public servant [Commissioner Eckels], more than one million dollars in restitution, and the resignation of the Commissioner from ofce following a criminal jury verdict o f guilt f o r accepting a one m ile lo n g 'wedding g if t ' driv eway o n the Commissioner's ranch. We worked closely with Harris County District Attorney Johnny Holmes's Special Crimes Unit on the Eckels case.

Eversl e Surface Probation Request

The facts o f the Eckels and Eversle cases are materially different, in my opinion. Mos t importantly in the Eversle case, the County not only did NO T get cheated by the accused contractor, Harris County obtained signicant value fr om the 'suspect' real estate transactions that involved Mik e Surface. Wh ile the Eversole case was pending in your Court, the Murworth properties which were subjects of the prosecution came up for lease renewal in the Harris County Commissioners Court. O u r Public Intrastmcture Department and our County Attorney's Ofce reviewed the Murwortla transactions and both recommended renewal. T he Commissioners Court followed our recommendations. In m y professional review o f the Murworth properties fr om a possible removal case perspective, I found that the County procedures had been followed and that there was no evidence of undue Another signicant factual conclusion that I made was that Jerry Eversole and Mik e o r iSurface really were long time, good friends with many signicant contacts that were m p r o p e r completely independent of Eversole's position as a County Commissioner. o u t There d s i is another compelling set of facts that might not have come to your attention, and they involve the motives of both Eversole and Surface regarding the Eversole's house in e the n i Houston Heights. I t is clear to me that Jerry Eversole moved from his home in the far north o f n u e Harris County to the Heights so that he could s till be in Precinct Four and be close to M.D. Anderson Hospital for cancer treatments for his seriously ill wife Pat. c e o It n is my rm conclusion that Mike Surface's efforts to help his friend Jerry x up his new house to make it nice for his cancer aficted wife Pat was the sincere act o f a loving t friend. h e As iv d a ce il litigator with only the burden of preponderance o f the evidence, I would not, and did not, recommend the ling charges of either bribery or unlawful gift to a public c i servant to the appropriate ofcials. s i o n Based on this, I recommend that you grant probation in this case, m a k e r s Terence L. O'Rourke . First Assistant Harris County Attorney 1019 Congress, 15 Houston, Texas 77002 th F l o o r 713-755-7880 Terence.orourke@cao.hctx.net