District Attorney Claims Kostelnik Investigation still ongoing.

We the People News submitted a request for public information to the Nueces County District Attorney Anna Jimenez asking for copies of materials submitted originally to Carlos Valdez by Attorney Tony Canales regarding Robert Kostelnik's appointment to the Port Commission. Questions of whether Kostelnik was legally appointed because of his residence status were explored by Canales in depositions, affidavits signed by Kostelnik and financial records. A source in the case who asked not to be named, stated that the materials clearly show Kostelnik was residing in Katy at the time of his appointment even though he owned a home in Nueces County.

An interim City Attorney had said the City Council appointment was legal. Valdez took an appointment to the City Attorney position two days later, receiving 80% of his County Salary (in retirement in the neighborhood of a $100,000 a year), state retirement and a new City salary of $136,000 a year. That threw the decision into the lap of new Rick Perry appointed District Attorney, Anna Jimenez. So far Jimenez has released no official statement regarding whether she plans on pursuing the case. If the investigation is ended and no prosecution is pending the information become accessible under the Open Records Act.

On July 20th we got our answer. Jimenez appealed to Attorney General Greg Abbott saying the matter was still under investigation for possible criminal prosecution.