Lehmberg removal trial starts Monday - MyFoxAustin.com | KTBC Fox 7 | News, Weather, Sports

Lehmberg removal trial starts Monday

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District Attorney Rosemary Lehmberg could find out next week if she gets to keep her job as the top law enforcer for Travis County.

Lehmberg pleaded guilty to drinking and driving after she was arrested in April. At the time of her arrest her blood alcohol level was three times the legal limit.

She submitted her guilty plea to Travis County Attorney David Escamilla. Escamilla is calling for her removal as district attorney on the grounds of intoxication saying she violated the Texas Government Code. As part of the civil trial, lawyers subpoenaed Twin Liquors for receipts from June 2012 to the time of Lehmberg's arrest.

Court documents show 91 pages of receipts made with Lehmberg's credit card at various Twin Liquor locations around the city. The purchases totaled 72 bottles of vodka or 23 gallons costing more than $3,000 dollars. The receipts show a pattern of changing store locations every couple of weeks.

"We know those are her receipts because followed by a transaction record reads her name. Whether she drank it or not? We're seeing a lot of different factors that seem to be clear," said Kerry O'Brien. His position is clear. He's wanted Lehmberg to step down since her arrest.

O'Brien filed the original removal suit and pays close attention to the case.

"It's not a onetime mistake as her supporters would claim," said O'Brien.

"The constitution provides for habitual drunkenness and we believe that should be applied in the case. There will be back and forth on that," said Dan Richards. He told FOX 7 this back in June after a hearing.

Lehmberg's attorney Dan Richards says he's ready to see that his client keeps her job.

"Our position in the case is that Ms. Lehmberg has served this county for 30-40 years in various prosecutorial roles and the idea that one incident, one mistake is enough to take her out and get rid of all the good things she's done is absurd," Richards said.

An online petition supporting Lehmberg has more than 1,000 signatures. While there are strong feelings about this decision it will be up to the court.

Lehmberg has said she will not seek reelection. She was sentenced to 45 days in jail and was released early for good behavior. In a previous statement, Lehmberg said she would see treatment.

Jury selection begins Monday morning.

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