Local attorney William “Bill” Ruth turned himself into the Brown County Jail Tuesday on the charge of aggravated perjury.
An indictment was returned by the Brown County Grand Jury against Ruth on March 1, 2013, according to records of the 35th District Court. Ruth posted bond of $10,000 for his release after being booked into the Brown County Jail, according to jail records.
In January, Ruth was indicted for the charge of barratry which stems from a lawsuit he filed in the interest of his grandmother.
“It’s more ridiculous than the barratry,” Ruth said. “It stems from same suit.”
The new indictment alleges that Ruth made statements in court under oath on January 17, 2012 that contradicted another statement made before a grand jury on February 21, 2013 related to power of attorney to act in the interest of the Smith Family Partnership for his mother, Peggy Joyce Ruth.
Ruth said that the question asked him by attorney Bill Burnett of Abilene on January 17, 2012 was “Has your mother given you or executed a power of attorney whereby she granted you the authority to act on her behalf with regard to the partnership?”
The indictment on the perjury charge states that Ruth told the grand jury on Feb 21st that he “did then and there testify that he had the authority of Peggy Ruth, a partner in the Ruby and Annie Smith Family Partnership, to file suit on behalf of said partnership at that time.”
Ruth told Brownwood News that he told the grand jury that he was given verbal permission and not written permission regarding the power of attorney questions.
Ruth said that Burnett’s question was worded in such as way that there was no real right or wrong answer and was an “ill-worded, compound question which my answer remains, ‘truthfully,’ no.”
Ruth said that he will continue to fight both charges which he calls very rare.
“This is the worst of the justice system over these victimless prosecutions,” Ruth said.
Ruth maintains his innocence through his opening statement in a recently filed motion to disqualify the special prosecutor Evans Pierce-Jones of San Angelo who is involved in the barratry case:
“This case is mired in retaliation, conflicts of interests, official oppression and hypocrisy. It also insults one’s intelligence and common sense and harms the integrity of our justice system when a person can be indicted on a 3rd degree felony and face 10-years in prison for doing nothing more than ‘requesting that the court appoint an attorney to represent his 94-year old grandmother’ in order for her resources not be further exploited.”
