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Charges Dropped Against Justice, Wife

POSTED: Friday, January 18, 2008
UPDATED: 5:26 pm CST January 18, 2008

A state Supreme Court justice spoke out Friday after charges were dropped against him and his wife in connection with a fire at their home, KPRC Local 2 reported.

A grand jury handed down the indictments against Justice David Medina and his wife, Francisca, on Thursday. Medina was charged with felony tampering with documents charges while his wife was charged with felony arson.

The Medinas' home caught fire in Spring in June. The damage to the home totaled more than $250,000.

After the indictments were made, District Attorney Chuck Rosenthal asked for them to be dropped because of a lack of evidence to prove guilt beyond a reasonable doubt, he said.

"There was not enough evidence at this time to go forward," Harris County assistant district attorney Vic Wisner said. "It shouldn't be construed as in any way absolving anybody of any crime or any indication that they will not ultimately be brought to account for these offenses."

State District Judge Brian Rains dismissed all the charges on motions from the prosecutor's office at a brief hearing on Friday morning.

"I have always maintained myself and my family's innocence," David Medina said. "I can't speak for the actions of the grand jury, but I’m very disappointed by their decision. I do not know Mr. Rosenthal personally nor do I have any professional dealings with him."

Wisner said the investigation was continuing.

"Our office, my colleagues, my supervisors, as well as the investigators in the Harris County Arson Bureau all feel that the case is best handled at this point in time in an investigatory stage rather than a prosecution stage," Wisner said. "Nothing more, nothing less."

But grand jury foreman Bob Ryan was riled and said the dismissal was politically motivated.

"The district attorney made it very clear to the members of the grand jury that if we handed up a true bill, it would be (dismissed) today," said Ryan, a veteran of five grand juries. "The gauntlet was thrown down by the DA to the grand jury."

Ryan said prosecutors' opposition to an indictment became apparent after Medina testified.

"It was the district attorney's office that brought the case to the grand jury, but midway through it, the tenor changed," he said.

Ryan disputed the contention by Harris County District Attorney Chuck Rosenthal that the evidence was insufficient.

"The district attorney did not attend any of the sessions. He did not hear one word of evidence. He's speculating," Ryan said.

The foreman said he would propose to other grand jury members that they reconvene next week and subpoena a half-dozen witnesses who weren't produced in the first session.

"I have no ax to grind. I am not an anti-Rosenthal. I believe that it is a miscarriage of justice for politics to get involved in something like this," Ryan said. "There was a crime of arson committed and it galls me that the district attorney takes it upon himself to tell 12 citizens who sat and heard hours worth of testimony in this matter that there was no evidence."

John Parras, an associate of Francisca Medina's lawyer, Dick DeGuerin, said the dismissal was not unusual and brushed aside any accusations of cronyism between Medina, a Republican appointed to the state's highest court in 2004 and elected in 2006, and Rosenthal, also a Republican.

"Conscientious prosecutors dismiss cases every day," he said. Rosenthal "was just exercising his discretion. It was a runaway grand jury indicting on no evidence."

Parras acknowledged he didn't know what evidence the grand jury had.

Nevertheless, he said, "This case was investigated fairly vigorously. All of their tools were used and the result was that there was insufficient evidence."

Terry Yates, David Medina's attorney, has filed a motion of contempt against Ryan and assistant grand jury foreman Jeffrey Dorrell for expressing their outrage to Local 2 Investigates.

"This is crazy. I've never heard of a grand jury indict someone that asked to be no-billed or take no action on it and then come out and make statements in violation of the law," he said. "They're complaining about Justice Medina because it's high-profile. They can get on the news and try to make Chuck Rosenthal look bad."

The dismissal spares Medina scrutiny by the state Commission on Judicial Conduct.

The commission can suspend a judge who is under indictment, but Seana Willing, the commission's executive director, said there was no point in taking any action now.

Medina's indictment and swift dismissal comes a week after Rosenthal became entangled in a scandal that forced him off the GOP ballot for re-election. Rosenthal was embarrassed -- and is under state investigation -- after dozens of e-mails of his were released, a file that included pornography, racist humor, love notes to his secretary and campaign strategizing on a county computer.

Medina is the first Hispanic Republican to be elected countywide as a state district judge.

The Medinas have denied involvement in the fire.

The fire began in the three-car garage next to Medina's house and soon spread to the home next door. Medina's home, where his family had lived for nearly 15 years, was valued at about $309,000.

The Harris County Fire Marshal's office has said the fire was not electrical or accidental. A dog detected an accelerant at the scene, and authorities identified six "persons of interest."

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

Prosecutors did not rule out filing charges in the future.

The Medinas could be asked to testify before a grand jury again.

Their attorney said the family had been threatened and harassed at the time of the fire, but they would not reveal the suspect's name.

David Medina is a former Harris County state district judge.

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