What a mess and a prime example of why politics, grand juries and prosecution are never a good mix.
Judge blisters Harris County DA over Medina case
Says Rosenthal's error nullified the grand jury's work
By BRIAN ROGERS and DALE LEZON: Houston Chronicle
A judge criticized the Harris County District Attorney's Office on Tuesday for not supporting a grand jury's decision to indict a Texas Supreme Court justice and his wife for a 2007 arson that destroyed the couple's Spring home.
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A judge criticized the Harris County District Attorney's Office on Tuesday for not supporting a grand jury's decision to indict a Texas Supreme Court justice and his wife for a 2007 arson that destroyed the couple's Spring home.
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Why did they bring the case to the grand jury if they didn't want the grand jury to do its job?" state District Judge Jim Wallace asked. "At that point in time, you ought to stand by, and abide by, what the grand jury wishes to do."
Adding another twist in a case that has brought accusations of political favoritism and juror misconduct, Wallace disbanded the grand jury that last week indicted David Medina and his wife, Francisca, citing a procedural error by Harris County District Attorney Chuck Rosenthal's office. At least two months of grand jury work is now nullified because the District Attorney's Office failed to file the proper paperwork to extend the jury's term, the judge said.
The ruling added to growing frustrations among the grand jurors who believe their efforts were wasted, while the prosecutor in charge of the case defended his actions to have the Medina indictments dismissed Friday.
The case should have been investigated further before dismissing the indictment, Wallace said.
"The unusual aspect of this case is that it was dismissed so quickly," said Wallace, a Republican judge who has served for 14 years. "It should have been allowed to run its course."
The procedural mistakes by the DA's Office also make it more difficult to find citizens to serve on grand juries, he said.
"The unusual aspect of this case is that it was dismissed so quickly," said Wallace, a Republican judge who has served for 14 years. "It should have been allowed to run its course."
The procedural mistakes by the DA's Office also make it more difficult to find citizens to serve on grand juries, he said.
"That's my concern, because I know how hard it is to impanel grand jurors," Wallace said. "They think 'Why waste our time?' "
In all, Wallace ruled that the Medina indictments, plus more than 30 others in an unrelated mortgage fraud case, are now null and void.
'This is sheer lunacy'Grand jury foreman Bob Ryan said he is frustrated that the jurors' work on the Medina case, and others, is now irrelevant.
"I think voters of Harris County are entitled to a more competent staff in the District Attorney's Office than they have today," Ryan said Tuesday. "This is sheer lunacy and incompetence on the part of the elected district attorney. If it weren't so serious, I would be amused."
Ryan, along with seven other grand jurors, met with reporters Tuesday and criticized Rosenthal's office for frittering away time and resources by presenting evidence to a grand jury that lacked legitimacy.
Ryan, along with seven other grand jurors, met with reporters Tuesday and criticized Rosenthal's office for frittering away time and resources by presenting evidence to a grand jury that lacked legitimacy.
The foreman and other jurors have already criticized the prosecutors for their decision to dismiss the indictment. David Medina's attorney, Terry Yates, requested a hearing to find them in contempt for speaking about grand jury proceedings, which are secret. That request is now moot, the judge said.
Assistant District Attorney Vic Wisner, who presented the arson case to the grand jury but also sought to dismiss the indictment, stood by his decision Tuesday.
"Regardless of my personal belief in the merits of a case, I cannot ethically proceed forward if I believe the prosecution will not survive an instructed verdict of not guilty and be an exercise in futility," Wisner wrote in an open letter to the Houston Chronicle. "I do not, nor should any prosecutor, conduct show trials."
"Regardless of my personal belief in the merits of a case, I cannot ethically proceed forward if I believe the prosecution will not survive an instructed verdict of not guilty and be an exercise in futility," Wisner wrote in an open letter to the Houston Chronicle. "I do not, nor should any prosecutor, conduct show trials."
Wisner's statement also addressed accusations of favoritism.
"If I wanted to help the Medinas and bury the case," he said. "I would never have brought it to a grand jury in the first place."
"If I wanted to help the Medinas and bury the case," he said. "I would never have brought it to a grand jury in the first place."
Wisner wrote that he has asked an "outside investigative agency to pursue the remaining investigative leads" in the arson case. Reached Tuesday by phone, Wisner declined to identify that agency.
His statement also notes that Ryan was a foreman of a previous grand jury which, despite the wishes of the prosecutor, returned several indictments of public officials.
"They were of course also immediately dismissed," he wrote.
Wisner would not identify the case. Ryan said later Tuesday that he recalled the case, but could not remember who it involved.
"They were of course also immediately dismissed," he wrote.
Wisner would not identify the case. Ryan said later Tuesday that he recalled the case, but could not remember who it involved.
The DA's Office plans to move forward on one case Wallace dissolved Tuesday. Assistant District Attorney Lester Blizzard, whose division is handling the mortgage fraud case, said new indictments would be sought and secured today.
The grand jurors, including the foreman, had said they would consider reindicting the couple. Investigators have determined the fire was intentionally set.
Rosenthal on Tuesday denied that politics played a role in the decision to dismiss the case.
"Absolutely not," Rosenthal said. "It's part of my oath that I don't prosecute people if I don't think there's enough evidence to do so."
Rosenthal on Tuesday denied that politics played a role in the decision to dismiss the case.
"Absolutely not," Rosenthal said. "It's part of my oath that I don't prosecute people if I don't think there's enough evidence to do so."
Rosenthal said there isn't enough evidence to justify pursing an arson charge against Francisca Medina and an evidence tampering charge against the judge, but that his office continues investigating.
He said the procedural mistake occurred when the prosecutor who was handling the mortgage fraud case asked that the grand jury be held over, beyond their three-month term. Rosenthal said the prosecutor didn't file the correct paperwork.
He said the chief of his grand jury division retired about a year ago and the new chief didn't catch the mistake.
He said he didn't think other grand juries have been held over for the past year, so there aren't any other cases that might suffer the same procedural snag.
The grand jurors' charge of political favoritism comes at a time when Rosenthal is battling to save the rest of his term. He withdrew from seeking a third term in office after e-mails surfaced with notes of adoration for his secretary, racist jokes and sexually explicit images.
Rosenthal also answered charges from fellow Republicans and community groups who have asked for his resignation.
"They've got their First Amendment rights to say anything they want to. I don't think it's true," Rosenthal said. "I think that people who have known me for a long time know that I'm neither sexist or racist. I haven't changed."
