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Judge: Indictments Against Justice, Wife Invalid

POSTED: Tuesday, January 22, 2008
UPDATED: 10:06 am CST January 23, 2008

A judge ruled that the indictments against a Texas Supreme Court justice and his wife in connection with a house fire were invalid, KPRC Local 2 reported Tuesday.

Justice David Medina and his wife were indicted Thursday in connection with a fire at their Spring home on June 28. The District Attorney's Office dropped the charges on Friday because they said there was not enough evidence.


Video: Watch Full Grand Juror News Conference
Video: Attorneys, Defendants To Start Over With New Grand Jury
Phil Archer

District Judge Jim Wallace ruled that an order extending the panel's term was not properly drafted, agreeing with a motion filed by the attorney representing Justice David Medina.

The grand jury's term was to have ended Nov. 2, but the term was extended to February at the district attorney's request.

"The people who wanted it done, my office, should have followed the correct procedure and had the judge sign a proper document," District Attorney Chuck Rosenthal said.

The judge's decision nullified indictments issued by the grand jury against Medina and his wife, as well as 30 others on unrelated mortgage fraud.

The judge's ruling on Tuesday left the Medinas relieved and happy, and members of the grand jury in outraged disbelief.

"It's been a roller coaster for them. Obviously, they're very pleased," defense attorney Terry Yates said of the Medinas. "We hope this is a final chapter in this case and that it effectively ends the prosecution of David Medina."

But assistant district attorney Vic Wisner said Friday that authorities were still investigating the fire and the Medina's role in it.

Grand jury foreman Bob Ryan, however, said he was stunned by the judge's decision, and said the paperwork extending the panel's term was a "boiler-plate" order routinely issued by the district attorney's office.

"That just shows you the sheer incompetence of the District Attorney's Office of Harris County, Texas," said Ryan, who has served on five grand juries. "We have been dismissed and all actions taken within the last 90 days are invalid. I have never heard of this in my life."

Members of the grand jury held a news conference Tuesday afternoon.

"The grand jury is not intended for the district attorney to control. The grand jury is independent of the district attorney's office," grand juror Dan Hall said. "This case was brought to us by the district attorney's office. The district attorney's office seemed like they were interested in prosecuting this case until we got right down to the end. And then they expressed their very strong desire as to why we should let it go."

Of the eight grand jurors attending the news conference, half had served on previous grand juries. Several said they had been disheartened by the turn of events over the past week.

"We've put six months of our life on hold, jobs and everything. We thought we were doing the right thing and someone puts a big wall up in front of you and doesn't let you do what you feel is right," said Shannon Burns, who was serving on her first grand jury. "I thought it was important. We took this straight to heart. We were never one to sit there and be a rubber stamp for the district attorney's office."

JoAnn McCracken, also serving on her first grand jury, said she was "devastated. Maybe I was too idealistic, but I believed in the system, in justice for all." Instead, McCracken said, the grand jury's actions were "disregarded, thrown away."

Rosenthal dropped out of his re-election campaign but has refused calls for his resignation after the embarrassing release of dozens of pornographic, racist and political e-mails on his office computer.

Ryan said several of his fellow grand jurors had contacted him Tuesday, expressing outrage over the decision.

"We're just some dumb hicks from Mayberry trying to do the Lord's work," Ryan said.

Rosenthal's office said Friday there was insufficient evidence to support the charges against Medina, a fellow Republican.

Ryan and assistant grand jury foreman Jeffrey Dorrell were so angered by Rosenthal's stance on the case that they told the media the district attorney's office had pressured the panel not to indict Medina.

At the time, Ryan said he planned to reconvene the panel this week to reconsider the indictment.

"I think what we can do is appear before the next incoming grand jury and make a request of them that they continue the investigation," he said.

Yates, in turn, said the two grand jurors had violated grand jury secrecy laws, and filed a motion seeking contempt of court charges against Ryan and Dorrell.

The case stems from a fire that destroyed the Medinas' home, and damaged two other houses, causing nearly $1 million in damages.

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 let the insurance policy on the house lapse, meaning losses from the fire were not covered.

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

The indictment against Obbie Tolivar was also thrown out. He was charged with criminal activity.

But prosecutors contended that Tolivar will not be back on the street soon. They said they would begin presenting the case to a new grand jury on Wednesday.

Prosecutor Kate Dolan was responsible for the grand jury mistake, according to authorities.

Dolan's request to extend the grand jury's term asked for a transfer of the cases. Instead, she should have asked for a holdover.

"I erred in the preparation of my order. It's been determined to be insufficient," Dolan said.

Rosenthal said he would not discipline Dolan for her mistake.

Local 2 legal analyst Brian Wice said it's a legal technicality, but an important one.

"This clearly to me is a rookie mistake that is made in the Super Bowl. You can't do this," he said.

At any given time, there are five grand juries hearing evidence in Harris County. The panels are comprised of 12 jurors who meet twice a week for three months.

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