The Ellis County Observer has shut down during publisher Joseph G. "Joey" Dauben's almost two-months' imprisonment in the Navarro County Jail in lieu of $200,000 bond on a sexual assault of a child charge.
Dauben, 30, who published the Website from his Cedar Creek Lake home office, is being held on charges he sexually assaulted a 15-year-old male during a church trip in 2007. His coverage included Cedar Creek Lake residents and their cities, and the Website continued publishing for several weeks after his arrest.
Dauben's arrest was widely reported by the Cedar Creek Lake media and other media outlets in and around Dallas County. Dauben developed a high profile last year after the Dallas Observer and D Magazine published stories about his gonzo-style of journalism.
In a handwritten letter the publisher sent from jail in response to an interview request, Dauben said he had yet to see a lawyer. The Corsicana Daily Sun reported on Dec. 20 that Dauben had declared he was indigent during arraignment in Judge James Lagomarsino's court and filled out paperwork to have a court-appointed attorney assigned to his case.
"As of this letter, on Feb. 9, I have yet to see a lawyer on this case," wrote Dauben, who noted he recently had again filled out the paperwork in hope of being able to consult with a lawyer about the charges against him and his high bond.
Other than to maintain his innocence of the charges, Dauben said he could not comment on the sexual assault of a child case because of the pending prosecution.
Melissa Butler, court coordinator for Judge Lagomarsino, said that Dauben was appointed an attorney on Feb. 13 in connection with the paperwork Dauben recently completed. Butler said she had no idea what had happened to the paperwork the Corsicana Daily Sun reported had been filed.
"It did not make it to the District Court," Butler said. "I don't who he filled it out with, but the judge didn't see it until yesterday."
Law requires that a defendant be assigned a lawyer within 72 hours of declaring they are unable to afford one and makes the request.
Butler said that the judge had appointed Corsicana attorney Steve Keathley to represent Dauben, but a member of the attorney's staff said Keathley was declining to represent Dauben.
A follow-up call to the judge's office failed to connect with anyone, and a message left on voice mail has not been returned.
Dauben said that his website has been seized by former associates, and he expects that will eventually result in another legal battle. Alleged statements by former associates to the effect that he has been on a suicide watch and had admitted guilt to molesting the teenager are "lies," he said.
In a column published on the Ellis County Observer that Dauben authorized to be published if he were arrested, the publisher said the charges were manufactured as part of a conspiracy against him as retribution for previous reporting. He claimed the teenager had made similar accusations against others in the past.
This is not Dauben's first time to be jailed. He previously served 12 days in jail in 2009 after he published a mug of a police officer in connection with a story. All of the charges were later dropped.
Last summer, his home office on Cedar Creek Lake was raided and all of his files were seized in connection with an investigation by Red Oak Police and Ellis County law enforcement authorities concerning documents he published. An Ellis County grand jury issued an indictment in that case, but Dauben claims those charges have no merit because they would infringe upon his rights as a journalist.