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Title: Texas thriller: The runaway grand jury
Source: AP
URL Source: http://news.yahoo.com/s/ap/20080118 ... n_re_us/texas_justice_indicted
Published: Jan 18, 2008
Author: MICHAEL GRACZYK
Post Date: 2008-01-18 19:47:16 by richard9151
Keywords: None
Views: 143
Comments: 5

45 minutes ago

HOUSTON - The highest reaches of the Texas judicial system were consumed Friday by a real-life legal thriller that could be titled "The Runaway Grand Jury."

A grand jury indicted a Texas Supreme Court justice Thursday on arson-related charges. But on Friday the district attorney's office that brought the case to the grand jury in the first place dropped the charges, angering members of the panel and drawing allegations of political backscratching.

Harris County District Attorney Chuck Rosenthal, who is himself embroiled in a scandal involving inappropriate e-mails found on his office computer, said there was insufficient evidence to support the charges against Justice David Medina, a fellow Republican.

But the move outraged the grand jury foreman, who threatened to reconvene the panel and issue the charges again.

"One could speculate it was political pressure. I could see no other reason," foreman Robert Ryan said Friday. "It depends on who your friends are."

Ryan told the Houston Chronicle: "If this was David Medina, comma, truck driver, comma, Baytown, Texas, he would have been indicted three months ago."

Medina was appointed by the governor to the state's highest civil court in 2004 and elected to a full term two years later.

His wife, Francisca, was accused of setting a fire last summer that destroyed the couple's suburban Houston house and damaged a neighbor's residence. Her husband was charged with evidence tampering in the June 28 blaze, which caused nearly $1 million in damages.

Vic Wisner, the assistant prosecutor handling the case, denied accusations of cronyism and special treatment. He said his embattled boss was getting a raw deal and insisted the Supreme Court justice and his wife weren't off the hook.

"I can assure you there was no influence in any way, shape or form," Wisner said. "And also, with the criticism of Mr. Rosenthal, he was just acting on information received from me. If anyone deserves any criticism in this case, it should be me and not him."

One defense attorney not connected to the case found Friday's events ironic.

"I wish I had a dollar for every single time the DAs have said, 'Well, we'll just let the grand jury hear the facts of the case and let them decide and whatever they decide that's what we'll do,'" said Katherine Scardino, a Houston defense attorney. "Now it's obviously something they don't want, so they're all upset about it."

John Parras, on Francisca Medina's legal team, said the dismissal was not unusual and that Rosenthal was "just exercising his discretion."

"It was a runaway grand jury indicting on no evidence," he said. "With everything going on in the county with regards to the district attorney, people are reading more into this than the story warrants."

Earlier this month, Rosenthal was forced off the GOP ballot for re-election after dozens of messages from his office e-mail account were disclosed as part of an unrelated case. The e-mail file included pornography, racist humor, love notes to his secretary and campaign-related files on a county-owned computer, a possible violation of election laws. Rosenthal was left embarrassed, under state investigation and ostracized by the county GOP hierarchy intent on damage control.

Wisner said the investigation of the Medina case would continue.

"To give you an analogy, we're only about six months into a 10-year statute of limitations on the arson, which is like about three minutes into a football game," he said.

The justice and his wife have denied any wrongdoing. Neither was at the brief hearing Friday.

"I can't speak for the actions of the grand jury, but I'm very disappointed by their decision," he said later in the day. "I do not know Mr. Rosenthal personally, and I have no other connection with him on any professional level."

The Supreme Court is Texas's highest civil court. The last stop for criminal cases is the Texas Court of Criminal Appeals.

Medina's lawyer, Terry Yates, said the only possible improprieties are from Ryan and another grand juror who also publicly blasted the district attorney's office.

"They're acting way out of bounds," said Yates, who was seeking contempt of court charges against the pair for violating grand jury secrecy laws. "There's no politics. That's what the grand jury is trying to imply."

The dismissal spares Medina scrutiny by the state Commission on Judicial Conduct. which can suspend a judge who is under indictment.

The fire marshal's office has said the fire at the Medinas' home in Spring, north of Houston, was not electrical or accidental. A dog detected an accelerant at the scene.

Investigators became suspicious after discovering a mortgage company sued in June 2006 to foreclose on the $300,000 home. The lawsuit, filed after the family missed payments for five months, was settled in December 2006.

Yates has acknowledged the family had financial problems. They owed nearly $1,900 in fees to a homeowners association and also let the insurance policy on the house lapse, meaning losses from the fire were not covered.

___

Associated Press writers Kristie Rieken, Liz Austin Peterson and Monica Rhor in Houston and Jim Vertuno in Austin contributed to this report.

(This version CORRECTS that district attorney was forced off ballot earlier this month, not last week.)


A grand jury indicted a Texas Supreme Court justice Thursday on arson-related charges. But on Friday the district attorney's office that brought the case to the grand jury in the first place dropped the charges, Now, see, you can learn something every day. I did not know that the DA had the authority to over ride a decision of the grand jury. Interesting, what that says about the criminal justice system. Reminds me of the many, many instances of judges over riding/changing a decision by the jury in a case. Or, after a jury has spoken, the appropriate BAR association refusing to publish the results of a trial. Why, it is almost as though jurys are not neccessary or somethin, or are only accorded lip service...... nah, can't be. Not in the good ol US of A!

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#1. To: richard9151 (#0)

that's tampering with a grand jury! i sent this article to Randy Kelton who might want to talk about it on his wtprn radio show this evening.

The Rule Of Law
Co-Host: Randy Kelton 
Website: www.jurisimprudence.com
Program Archives
Call-in Number: (512) 646-1984 (888) 202-1984
Time: Thursdays & Fridays, 9:00 pm - 11:00 pm CST 

Many have wondered, by what authority does Randy Kelton demand that public officials stand and answer for their bad behavior. Well, the fact is, He is an average American, who is no judge, prosecutor, police officer or public official of any kind. He isn't even a lawyer! He is a singular sovereign citizen in this free country and that is more than enough!

About 25 years ago he had to spend the night in jail for driving with a broken headlight, which to him didn't seem right. So, he decided to study the penal code and code of criminal procedure, then compared what he read to what was actually done to him and immediately felt he had stepped through the looking glass.

From that moment forward he has been on an mission, first to find the root of the problem, then a way to address what he had found. What he found is what he will now present to his listeners.

Randy Kelton is a 57 year old father of two adult children, a grand-father of three grandsons, a husband of 35 years, a business owner, a voter, and a veteran. Being a baby boomer, he reached a point to where it was important to him to give back what he has learned as a citizen of this great country.

christine  posted on  2008-01-18   20:15:57 ET  Reply   Trace   Private Reply  


#2. To: christine (#1)

that's tampering with a grand jury!

Yes, it is, and I hope that you noticed that none of the attorneys quoted in the story bothered to mention such a mundane point. Well trained, those attorneys are, in where their bread is buttered, and by which parties/judges.

When a man who is honestly mistaken hears the truth, he will either quit being mistaken or cease to be honest.

richard9151  posted on  2008-01-18   20:39:09 ET  Reply   Trace   Private Reply  


#3. To: richard9151 (#0)

That is not a runaway grand jury. Grand juries and over controlled. What we have are runaway courts.

DWornock  posted on  2008-01-19   3:20:28 ET  Reply   Trace   Private Reply  


#4. To: richard9151 (#0)

John Parras, on Francisca Medina's legal team, said the dismissal was not unusual and that Rosenthal was "just exercising his discretion."

Prosecutorial "discretion" circumvents the peoples will and corrupts the integrity of the judicial system to the point where organized crime persists, non-crimes are prosecuted with vigor and criminals seek the "lucrative" position of prosecutor. (Rudy Giuliani comes immediately to mind, born to the mob, trained and educated to protect their interests).

"Give us liberty and give them death" ... noone222 1-10-08

noone222  posted on  2008-01-19   3:26:35 ET  Reply   Trace   Private Reply  


#5. To: noone222 (#4)

(Rudy Giuliani comes immediately to mind, born to the mob, trained and educated to protect their interests).

And nary a word about him and his mob ties in the press...... my, what a surprise! Oh, and should I mention that his so-called opponents in the political events do not bother to bring it up either; not now, and not when he was ready to be mayor. Another big surprise.

But then, if we were to really discuss that... then we whould have to discuss McCain.... and how many others?

When a man who is honestly mistaken hears the truth, he will either quit being mistaken or cease to be honest.

richard9151  posted on  2008-01-19   10:21:21 ET  Reply   Trace   Private Reply  


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