For what it’s worth, and just so we’re all on the same page on this, let’s put on this page everything we think we know about state Rep. Dawnna Dukes and drugs.
It's become an out-in-the-open issue because Travis County District Attorney Margaret Moore included a substance abuse assessment requirement in the recent settlement offer Dukes, D-Austin, rejected. Dukes was indicted in January on on 15 counts alleging abuse of office. Under the deal, the corruption charges would have been dropped — without a guilty plea — if Dukes agreed to resign, pay $3,500 in restitution and penalties, and submit to a substance-abuse assessment and any treatment deemed necessary.
In addition to continuing to profess her innocence, Dukes and her lawyer are mighty peeved about the substance-abuse provision, something that Moore told me she deemed appropriate. Moore also noted Dukes previously nixed a similar offer that had not included the substance-abuse provision.
Earlier in the week, Moore told my colleague Ryan Autullo that she had Dukes' young daughter in mind when she decided to add the provision. "If she has a drug problem, it needs to be addressed," Moore told Autullo.
In a Monday posting, the day before the deadline for accepting the offer, Dukes wrote on Facebook: "While I appreciate any benevolent concern about my health, there is little need to speculate. My daughter, Leila is my heart, total and complete priority and gives me unconditional love, kisses and strength to fight every bullied battle. On behalf of my daughter, family, loved ones, friends and constituents who have supported me through love and prayer, I refuse to dignify through statement any of the numerous elements alleged."
Tuesday night, after the deadline for accepting Moore’s offer had passed, Rep. Rene Oliveira, Dukes’ latest defense lawyer, issued a statement slamming the substance abuse assessment provision.
“Ms. Dukes again strongly reiterates her innocence and rejects the latest proposal which has an even more unacceptable condition than the previously rejected proposals,” said Oliveira, D-Brownsville. “The inexplicable request that she undergo some drug assessment is absurd, and shame on the D.A.’s office for even suggesting a condition. Neither Ms. Dukes, nor her attorneys, have any further comment on this matter, and she looks forward to her day in court.”
But Oliveira did have a further comment. We’ll get to that in a minute.
Dukes’ behavior and absences have been getting attention dating back to the 2015 legislative session when she missed 84 percent of floor votes. Citing health problems, Dukes told voters in 2016 she would resign from office if they re-elected her. They did. She didn’t. Her participation rate improved during this year’s regular session when she was absent for 54 percent of record votes on legislation.
After the regular session, on June 30, Dukes showed up more than two hours late for the court proceeding at which she entered a definitive plea of “unequivocally not guilty.” She later told reporters she was late because she had to find a substitute baby sitter when another one didn’t show up.
It was also after that court proceeding that Dukes, when asked if she’d seek re-election in 2018, said, “That is a very strong possibility.”
Dukes faces 13 felony and two misdemeanor indictments alleging abuse of office. We also know she was in a 2013 traffic wreck that has caused lingering health problems. Her left arm was in a sling and she sometimes used a walker on the House floor this week.
Now, back to drugs, and why anyone — including the D.A. — might think they’re a problem for Dukes.
On March 29, at a House Appropriations Committee hearing, Dukes showed up late and asked wordy questions about human services programs that, depending on your point of view, could have been a display of her detailed knowledge of the subject or just plain rambling.
“I apologize for being a little bit late coming in,” she told the committee. “But I was at the ER and I’m still hooked up and heading back as soon as we leave, but this bill was very important and there were some questions I did want to ask.”
She also said she had heard the committee discussion “when I was at the ER.”
Nine minutes of Q-and-A later, Dukes wrapped up with, “I know I’m talking a lot. I’m full of morphine and will be heading out of here soon, but I just wanted to get it on the record.”
Chairman John Zerwas, R-Richmond, then said, “Thank you, Representative Dukes. I appreciate your input, and obviously you did a lot remotely and we appreciate that extra effort to do that, so thank you very much. Appreciate that.”
WATCH: Dawnna Dukes indicted on corruption charges
But Oliveira doesn’t appreciate anything from that meeting being used to try to imply Dukes might have a drug problem.
“When the evidence comes out we will be able to document that she was in the emergency room that day and when she saw that the Appropriations Committee was going to vote, after taking medication, she still came down here to do her job for her constituents,” Oliveira said Wednesday just outside the House chamber. “So to jump to the conclusion, the outrageous conclusion, that now she needs a drug assessment is ridiculous.”
Deciding to go direct to the core question, I asked Oliveira if Dukes has a drug problem.
“The only medicine she takes are prescribed medications,” he said.
Dukes is referring all questions about her case to her lawyer. But she did give me this answer when I asked her if she has a drug problem: “That’s an insulting supposition.”
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