Former deputy cleared of theft back on force

Appeals court overturned conviction of participating in telemarketing scam

By LIZ AUSTIN PETERSON

Copyright 2009 Houston Chronicle

Jan. 9, 2009, 10:29PM

Harris County Sheriff Adrian Garcia reinstated a former deputies union president on Friday, nearly a year after an appeals court ordered him acquitted of theft charges in a case involving the U.S. Marine Corps' Toys for Tots program.

Ed Christensen was fired in 2004 after he was convicted of participating in a fundraising scheme in which telemarketers pocketed most of the money that donors were told would help the Marine Corps program. The Harris County Deputies Union received the rest of the donations.

The 1st Court of Appeals cleared Christensen three times, overturning his conviction in 2006 and ordering him acquitted in 2007 and 2008. The Court of Criminal Appeals, the state's highest appellate court of criminal cases, declined to review the case.

Glad to be back

Christensen, who insisted he did not know the telemarketers were deceiving donors, said he was thrilled to rejoin the department's ranks. He has not yet received a job assignment, but said he is eager to help Garcia in any way he can.

"I told him I would polish the flagpole out in front of the building to be able to come back during his administration," said Christensen, who joined the department in 1991.

Garcia said he had no qualms about bringing Christensen back on the force since he had been exonerated by the court system.

"The court has decided that there was no truth to the allegations. I respect the court," said Garcia, a Democratic former Houston police officer and city councilman who soundly defeated 14-year incumbent Republican Tommy Thomas in November.

Asked about rumors that he was considering Christensen for a position in the internal affairs division, which investigates allegations of wrongdoing by officers, Garcia said that office is a priority, but a decision on his new role has not yet been made.

Had to pass tests

The sheriff required the 56-year-old deputy to pass the same physical test as any other candidate, including running a mile and a half in less than 16 minutes and 30 seconds, sheriff's office spokesman Paul Mabry said. The Marine veteran, an ex-smoker with bad knees, came in just under the wire, Mabry added.

Attorneys advised Garcia that he probably did not have to require the physical given the circumstances of Christensen's departure, but the new sheriff did not want to make an exception that might set a precedent for other candidates, Mabry said. Christensen also had to pass the standard written and firearms tests.

Christensen campaigned enthusiastically for Garcia in the year leading up to the election, but the new sheriff said that had nothing to do with the decision to reinstate him.

Prosecutors said the alleged fundraising scheme netted about $350,000 between 1998 and 2000. The union got about $70,000. The Toys for Tots program had not given the union permission to use its name.

Christensen was convicted of theft of between $1,500 and $20,000 and sentenced to four years' probation. However, the appeals court said there was no evidence he told or encouraged the telemarketers to lie to obtain donations.

liz.peterson@chron.com