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All Muck is Local: The Runaway Jury vs. The Do-Nothing D.A.
They say everything is bigger in Texas. And sure enough, if you've ever seen a bigger legal mess than the case of Texas Supreme Court Justice David Medina, we'd love to hear about it.
Last June, the Medinas' house burned down in a fire that spread to two other houses, causing a total of about $900,000 in damages. Investigators suspected arson when they found an accelerant in the Medinas’ garage where the fire started. And the discovery that the house had been in foreclosure a year earlier deepened their suspicion. Medina and his wife gave conflicting accounts of the judge’s whereabouts at the time of the fire.
So Harris County District Attorney Chuck Rosenthal (R) duly convened a grand jury to examine the evidence. After deliberating three months past the scheduled end of its term, the jurors told prosecutor Vic Wisner on Thursday to prepare the indictments.
Wisner refused.
According to jury foreman Bob Ryan, “He slammed the door and left.” Later, Wisner thought better of that and agreed to prepare the indictments.
Medina was charged with tampering with or falsifying evidence, and his wife with arson, both felonies. Arson carries a maximum penalty of 20 years in prison; tampering with an investigation, a maximum of 10 years. They were set free on bail—$20,000 for Mrs. Medina and $5,000 for the judge.
The next day, Rosenthal dismissed the charges.
Ryan, who’s served as foreman on grand juries at least four times, was not happy: “This is ludicrous.... Mr. Rosenthal never put his head in the door and heard one word of testimony.”
Both Ryan and the assistant foreman, Jeffrey Dorrell, alleged that the jury was given to understand, before hearing any evidence, that the case had no merit.
“It was theater of the absurd,” observed Dorrell. "We knew before we handed the indictment down that the district attorney was going to refuse to prosecute, but we did it anyway.”
Ryan is considering reconvening the grand jury next week.
To add to the mess, the two have risked breaking a law that mandates the secrecy of grand jury proceedings; both say they haven't actually crossed the line.
But late Friday, Medina’s attorney, Terry Yates, filed a motion asking for a hearing to determine whether Ryan and Dorrell acted illegally. (If held in contempt, the pair could be fined $500 and given 30 days in jail.)
Yates accused them of indicting Medina in order to embarrass Rosenthal: “They've made a mockery of the entire process... This is crazy. This is mind-boggling, what this grand jury has done. This is more than a runaway grand jury. This is a grand jury speeding away in a Lamborghini.”
As for Medina, who was appointed to the state supreme court by Gov. Rick Perry (R), he moved to Austin with his family after the fire. He says they are now “making the best” of it in his “small, two-bedroom, one-bath home.” It must be a difficult adjustment. The Houston house that burned was 5,000 sq. ft. with a 3-car garage.
Medina seems to have a problem of living too large. The symptoms: a tax lien on his house of nearly $10,000 (resolved in 2005), a mortgage foreclosure attempt (resolved in 2006) and six outstanding payments to the subdivision maintenance organization ($2,000). During the same period, he charged the government nearly $57,000 for mileage. His homeowners insurance lapsed because of unpaid premiums.
Medina claimed he was unaware of the tax lien and characterized the foreclosure as a "miscomunication" with the bank he used at the time.
Worse, he claims his homeowner's insurance lapsed because he couldn't recall "exactly how I set up that policy and my automobile policy."
He also said he was unaware that Texas doesn't reimburse the commuting expenses of judges. He may face ethics charges.
Terry Yates, Medina’s attorney, cited the lapsed insurance in Medina's defense. The lack of an obvious motive does speak against arson. Or maybe it just speaks for incompetence.
Yep, it's truly a mess of Texan proportions. And don't forget that Rosenthal, the D.A. who seems determined to protect Medina from the mercurial grand jury, is himself the subject of an investigation that may result in his ouster. He's accused of deleting emails illegally and using his office to serve his political ends. As a result, Rosenthal was forced to give up his bid for re-election earlier in January.
That lends credence to Ryan's theory that Rosenthal is just running cover for his GOP ally: "If this was David Medina, comma, truck driver, comma, Baytown, Texas, he would have been indicted three months ago."

Comments (13)
RB-Chicago wrote on January 20, 2008 12:00 PM:It's actually worse than Ms. Vacca makes out this tale of just another day in the HIGHLY corrupt version of hillbilly politics..
The Harris County DA, Rosenthal who actually dismissed the indictment is currently under investigation by the State and Fed AND the National Republican Party for a list of charges regarding the use of his "work" computer for personal use including communication with his girl friend (also one of his employees), and racial bias based on email to his cronies from the same computer.
Time to rid ourselves of these buffons and send them all to Crawford for rehab - along with bubba and darth.
moondancer wrote on January 20, 2008 12:20 PM:Somehow the Texas noir film "Blood Simple" comes to mind. Not for similarity in crimes, but for the after the fact stupidity.
I'm Fenster, HE'S Dickens1 wrote on January 20, 2008 1:18 PM:Is it too late to revoke Texas statehood?
chabuka wrote on January 20, 2008 7:56 PM:This proves one thing..instead of investigating the U.S.A.'s that were fired....they should be investigating the ones who weren't fired...its so obvious..I wonder why the DOJ hasn't figured that out...Waxman? Reid? Any one?
Roberta wrote on January 20, 2008 8:07 PM:Are the references to "Harris" as a person in the closing paragraphs actually referring to Rosenthal or Wisner? Harris is the county.
Aside from that, I once again want to thank Godzilla for the Internet. As more and more people turn to the Web for news, these deeply stupid people who break and flout the law--and who got away with it before people even in Sri Lanka could read about and discuss their malefactions--might actually begin to think twice before they act.
Encourage your friends in Texas to make sure this doesn't slip away, readers. Unless their pushed into action, it's unlikely that Harris County's DA is going to refile the indictments.
Maybe the one to push is Wisner: If he's clean (just following orders), he might be able to step into Rosenthal's job. That would be a pretty good carrot.
Doran Williams wrote on January 21, 2008 8:19 AM:www.gritsforbreakfast.blogspot.com is running a Chuck Rosenthal haiku contest.
My entry:
Chucky, Chucky, Chuck
sp wrote on January 21, 2008 10:37 AM:You have mucky, muckied up
Spectacularly
> [no insurance], maybe it just speaks for incompetence.
Or Texas hot tampers? "If we can`t have it, the banks can`t have it!"
Bob Johnson wrote on January 21, 2008 10:45 AM:Free the political prisoner Seligman!
chabuka is right: If a US attorney wasn't fired, he or she is probably working for BushCo.
Displaced Canuck wrote on January 21, 2008 11:39 AM:Chuck Rosenthal is a County District Attorney not a US Attorney so he was elected in Harris County (the county Houston is in) and couldn't be fired by the US Attorney General. That said, he is a BushCo type. For example, the only people that get deferred adjudication in Harris County are white middle class first offenders.
Precinct1233 wrote on January 21, 2008 1:23 PM:However, under Texas law, one can essentially only be convicted of arson if one is seen by a witness running out of the building at the time of the fire (assuming one has a decent lawyer). Certainly many cases have gone to trial (often as a result of prodding by the insurance company involved as part of their strategy to deny payment, using the DA's office for discovery toward the inevitable civil action), but almost all of them result in acquittal due to the lack of a "flaming torch" witness. Not to make excuses for the DA, whom I'm absolutely certain has taken similar arson cases to trial and lost, any expectation of actually getting a conviction is minimal.
george a. hilborn wrote on January 21, 2008 2:21 PM:As long as Texans are stupid enough to elect their Justices by political party rather than a judicially balanced non-partisan system they should be the "laughing stock" that they are.
Donald from Hawaii wrote on January 21, 2008 8:42 PM:I'm Fenster: "Is it too late to revoke Texas statehood?"
Hell, I'm ready to give it back to Mexico, if that country would be amenable.
AndrewEss wrote on January 22, 2008 12:25 AM:Only the craftiest of our legal beagles survive, welcome to just lifting the corners of very sticky rug. It's a shame these idiots have decided to step up on fiefdomship, and that means all of us. I still think people don't get it, these people are the ones that run the country from behind the curtain. Nobody does buisiness in the US without some big fat envelopes under darkened doorways. I mean folks, this crap has been rolling down a big hill for the last two decades, and it's about to hit the bottom. Three keywords are, 'absolute power corrupts', and this special club has all the power it wants, it is immunity even from God himself.