Andy Drumheller is the backbone of Rusty Hardin & Associates’ trial practice. His legal talents have helped both the powerful and the powerless through investigations and trials. His successful criminal defense cases include pitching great Roger Clemens and football star Adrian Peterson in addition to less public, but equally deserving people who needed help. He helped lead a high-profile and politically charged state legislative investigation into the actions of a University of Texas regent. And he played a lead role in the Court of Inquiry of a district attorney whose hiding of evidence led to the murder conviction of an innocent man, Michael Morton.
Andy also has handled a variety of complex commercial litigation cases, representing energy companies such as Enterprise Products Partners and casino operator Las Vegas Sands Corp. in breach of contract disputes. He has a successful track record in disputes involving fields as disparate as publication rights, oil and gas royalty fights, and point-of-sale technology.
Andy’s trial and negotiation strengths may have grown out of his middle school debate years. That is where he recalls honing his skills at “testing theories, researching issues and knowing more about them than anyone else in the room.” Rusty Hardin met Andy when they were on opposite sides of a criminal case in 1998, and Andy was a rising star in the Harris County District Attorney’s Office. Rusty recognized his talents and promptly hired him.
“Andy is a pillar of our trial practice and has been involved in the full range of cases our firm handles for more than 17 years,” Rusty says. “His steady navigation of federal and state inquiries has resulted in quiet but decisive victories for many of our clients who want to stay out of the public eye.”
Public Figures & Institutions:
Helped lead high-profile investigation of University of Texas System Regent on behalf of the Texas House Select Committee on Transparency in State Agency Operation. The probe, initiated because of Regent Wallace Hall’s lengthy personal investigations of the UT administration, found four possible grounds for impeaching him. In the end, the House Select Committee censured Hall for misconduct, incompetence or behavior unbefitting the holder of a state office.
Served as second chair in Court of Inquiry into the actions of a former district attorney accused of hiding evidence that led to the wrongful murder conviction and nearly 25 years in prison for Michael Morton, who in was later exonerated by DNA evidence. The inquiry led to charges against the former prosecutor, Ken Anderson, who was later disbarred.
Helped defend former Harris County Commissioner Jerry Eversole in multiyear federal investigation and trial surrounding his friendship with a contractor who did business with the county. Negotiated plea bargain after Eversole’s trial ended in a hung jury. Eversole served probation on one charge of misleading an FBI agent.
Won dismissal of charges for insufficient evidence in a case against Houston Police Chief C.O. Bradford, accused of aggravated perjury in connection with use of profanity against another police official.
Successfully defended prominent televangelist Victoria Osteen in a personal injury lawsuit brought against her by a flight attendant, who claimed Osteen assaulted her after boarding a plane. Jury unanimously rejected the flight attendant’s allegations after a one-week trial.
Assisted Cathy McBroom in obtaining justice after she was sexually assaulted by her boss, then-U.S. District Judge Sam Kent who initially was merely reprimanded by the U.S. Fifth Circuit Judicial Council. Achieved an indictment of the judge, who then pled guilty, was sentenced to prison and impeached.
Achieved favorable outcome for Minnesota Vikings running back Adrian Peterson, accused of reckless injury to his 4-year-old son. Peterson avoided jail time in a plea agreement on a misdemeanor charge.
Represented major league baseball pitcher Roger Clemens in winning an acquittal at the end of a two-month federal trial in Washington in which Clemens was charged with perjury, obstruction of Congress and making false statements. The charges stemmed from accusations of steroid use by Clemens’ former trainer.
Successfully represented former Houston Rocket and NBA Hall of Famer Calvin Murphy who was charged with aggravated sexual assault and indecency with a child. After a five-week jury trial, the jury acquitted Mr. Murphy on all counts in a little more than two hours.
Won acquittal for Houston Rockets basketball player Steve Francis in trial on driving while intoxicated charges.
Won acquittal for official accused of improperly securing $11 million grant for biotech firm by misleading colleagues in his role at the state-funded Cancer Prevention and Research Institute of Texas.
Defended licensed psychologist in a federal criminal prosecution on charges of mail fraud. After five months in trial, the judge declared a mistrial, and the government later dismissed all charges against defendant.
Won the only full acquittal defending against a government case alleging misconduct by nine health care workers at physical therapy clinics that billed the government for services. Acquittal of the client, a respected physician, came at the end of a month-long jury trial in federal court.
Represented Burlington Resources in a federal criminal investigation tied to the company’s calculation and payment of oil and gas royalties. For almost three years, helped the company navigate U.S. government inquiries from the Department of Justice, the Securities and Exchange Commission, and the Minerals Management Service. This matter concluded with the U.S. Attorney in Wyoming formally declining to file charges.
Won dismissal of false imprisonment suit against Rice University and university police officer accused of unlawful arrest. A significant companion case led to the Texas Supreme Court ruling that university police officers are officers of the state and therefore protected by official immunity.
In 2015, Andy represented Oasis Petroleum in a Theft of Trade Secrets case. He successfully prosecuted the company’s claim against a former employee by obtaining an ex parte Temporary Restraining Order, a Temporary Injunction, and ultimately a Permanent Injunction.
Achieved jury verdict for client Enterprise Products Partners LP which alleged breach of contract against Energy Transfer Partners for shirking its contractual duty to maintain a crucial natural gas pipeline. Enterprise was awarded $2.2 million in lease payment reimbursements and $1.5 million in legal fees after four-week trial.
Represented defendant Las Vegas Sands Corp., the owner of the Venetian Resort Hotel Casino, in a jury trial involving a dispute over a finder’s fee as it related to the casino’s operations in Macau, China. Las Vegas Sands prevailed on appeal when Nevada Supreme Court reversed the trial verdict for plaintiff.
Represented accounting firm Arthur Andersen in complex obstruction of justice case, in securities class actions and dozens of other civil suits arising from the financial collapse of Enron Corp. and transferred to Houston by the federal multidistrict litigation panel.
Defended Swedish corporation in a contract dispute that involved, among other things, point of sale technology used in the hospitality industry. Achieved favorable outcome in mediation.
Defended Russian Academy of Sciences in a contract dispute concerning the publication rights of the English-language versions of Russian scientific journals. The academy was sued in New York state court by a publishing corporation. The case was settled to client’s satisfaction after jury selection.
Investigated allegations that Sharpstown High School representatives altered records concerning student dropout rates.
Assisted senior staff at The Methodist Hospital with various allegations against hospital personnel. Successfully resolved issues on behalf of hospital and employees.
J.D., Texas Tech University School of Law, 1995
Bachelor of Arts, University of Texas, 1992
Board Certified by Texas Board of Legal Specialization in Criminal Law
Special Prosecutor for Texas Commission on Judicial Conduct
Texas Super Lawyers, 2013-2015
Texas Rising Stars, 2006-2009
U.S. District Court for the Western and Southern Districts of Texas
U.S. District Court for the District of Columbia
U.S. Supreme Court
State Bar of Texas, 1995
American Bar Association
Houston Bar Association – Council Member, Criminal Law & Procedure Section
Houston Bar Association – Speaker’s Bureau
Texas Lawyer, “A View from the Dugout at the Roger Clemens Trial,” Aug. 20, 2012, article bylined with Derek Hollingsworth and Jeremy Monthy.
Dallas Trial Skills Association, “Representing High Profile Athletes in Criminal Cases” (2016)
State Bar Texas Minority Counsel Program, “Criminal Law” (2016)
Page Keeton Civil Litigation Conference, “Lessons from the Courtroom Trenches” (2012)
Harris County CLE for Criminal Defense Appointments, “Handling High Profile Cases” (2012)
Houston Bar Association CLE, “Search & Seizure” (2011)
Rusty Hardin's Comments About Andy
Andy is a pillar of our trial practice and has been involved in the full range of cases our firm handles for more than 15 years. Andy has tried or assisted in the trials of complex white collar matters, business disputes, and personal injury cases, and he has played a central role in the defense of virtually every public figure the firm has agreed to help. In this process, he has earned a reputation as a go-to lawyer for high-stakes cases.
Andy was a rising star in the Harris County District Attorney’s Office when I first met him. I had a case against him and was tremendously impressed with the way he handled it, including interviewing the witnesses very carefully before telling me “no” to what I wanted him to do. Several months later, I offered him a job, and we have been working together ever since.
The judgment that so impressed me when I met Andy is the same quality that makes him equally indispensable to clients we help outside of the courtroom. Andy has represented both organizations and individuals through all phases of civil and criminal investigations. His steady navigation of federal and state inquiries has resulted in quiet but decisive victories for many of our clients who want to stay out of the public eye. This independence and thoughtful approach to working through clients’ problems has also resulted in him leading internal investigations for public and private entities.
Andy is certified by the Texas Board of Legal Specialization in Criminal Law. He holds an undergraduate degree from the University of Texas at Austin, and earned his law degree from the Texas Tech University School of Law. Andy and his wife Barbara, a lawyer and writer in Houston, have three children.