Rains County man alleges judicial conspiracy after judges indicted

RAINS COUNTY, Texas - For the first time, the man who says two criminally indicted judges conspired against him is sharing his story.

What we know:

The office of Justice of the Peace Robert Jenkins Franklin in Rains County, just 70-miles east of Dallas, was recently taped off. 

County leaders say it was "out of an abundance of caution, to secure all materials and data" within the office.

Many wonder what the alleged motive might be as the victim, Coby Wiebe, was facing a charge of "publishing intimate visual material." 

A charge that is now vacated after he says he received an alleged death threat from a judge pressuring him to take a plea deal.

Wiebe filed a federal lawsuit against Rains County’s Justice of the Peace, Robert Jenkins Franklin, in May. 

Last week, Wiebe added former Rains County Judge Linda Wallace to the lawsuit.

The lawsuit alleges a "coordinated campaign of judicial abuse."

What they're saying:

"If it can happen to me, it can happen to somebody else," said Wiebe. "And I’m 99 percent sure I’m not the only one," he said.

Before the allegations transpired, Wiebe says he only knew the justice of the peace from an eviction hearing.

"You know, if I destroyed evidence and tampered with it, I’d be in a lot of trouble," he said. "They say, ‘do as I say, not as I do’ and they believe they’re above the law."

Attorney Paul Anderson represents Wiebe.

"This should send a shockwave down the back of every Texan because it could happen to you," said Anderson. "At the end of the day, for every conflict we have in our society, it comes down to a court and everybody walks in expecting to have their fair day in the court."

Rains County Judges' Allegations

The backstory:

It started in 2023, when Wiebe says he got a call from Franklin pressuring him to take a plea deal for a crime he says he didn’t commit.

"9:13 in the morning. I got a phone call. ‘This is Judge Franklin, I heard you have a problem with me. You take the deal, boy, or dead men can’t testify.’"

Wiebe says those words, "dead men can’t testify", led him to accept the plea deal.

"Three days later I took a plea deal," he said. 

Judge Franklin was not presiding over Wiebe’s case. Wiebe can only speculate why the alleged threat was made. 

According to the lawsuit, Wiebe later provided "authenticated phone records" of the call and "verified polygraph results" discussing details of the call.

Wiebe’s felony conviction was vacated after prosecutors filed a motion acknowledging that he had been coerced to enter the plea.

In May, a grand jury indicted Judge Franklin on charges of official oppression, for the alleged call to Wiebe, and tampering with a witness by pressuring a clerk to falsify an affidavit in connection to the case. 

Then in June, Rains County Judge Linda Wallace was indicted for tampering with a witness. According to court records, Wallace coerced the same clerk to withhold testimony regarding the allegations against Judge Franklin.

What's next:

While Wiebe awaits the civil and criminal proceedings, he wonders if others share similar stories.

Rains County is also being sued in this case. As both judges are no longer employed by the county. 

Linda Wallace and her attorney have not responded to FOX 4’s requests for comment. 

Judge Franklin’s attorney did respond to an email, saying, in part:

"Judge Franklin denies all of the claims asserted against him and looks forward to successfully defending himself from these unfounded allegations in the criminal and civil proceedings."

Crime and Public SafetyVan Zandt County