Tuesday, January 22, 2008

Harris County's Mike Nifong

"Harris County District Attorney [DA] Chuck Rosenthal [CR] said he will dismiss an indictment returned Thursday against Texas Supreme Court Justice David Medina and his wife in connection with the fire that destroyed their home in Spring last summer. A grand jury handed up the indictments despite objections from [CR's] office. In a rare move for a body that typically operates in secrecy, two grand jury members Thursday publicly denounced [CR's] unwillingness to prosecute as politically motivated. ... Foreman Robert Ryan and assistant foreman Jeffrey Dorrell said that the [DA's] office made it clear, even before the grand jury started considering the case, that it was vigorously opposed to Medina being indicted. ... 'This is ludicrous. This is not right. This is a miscarriage of justice,' said Ryan, 63 a Republican who has been foreman of at least four grand juries. 'If this was David Medina, comma, truck driver, comma, Baytown, Texas, he would have been indicted three months ago.' ... 'I've never seen anything like the vigor with which these two defendants were defended by the Harris County [DA's] Office,' Dorrell said. 'It was the theater of the absurd. We knew before we handed the indictment down the that the [DA] was going to refuse to prosecute, but we did it anyway.' ... It is possible that [CR] could seek criminal sanctions against grand jurors for speaking while they are in session", Houston Chronicle, 18 January 2008.

"The whole grand jury process was subverted by [CR's] political maneuvering, according to the grand jury foreman and assistant foreman. ... If the indictments are dismissed, Ryan said, grand jurors may try to re-indict. It's unfortunate when a panel must go to such lengths to carry out justice. It's worse if the [DA] has gone to such lengths to obstruct it", Lisa Falkenberg at the Houston Chronicle, 18 January 2008.

Does CR think he is Mike Nifong of the "Durham Three" case, or Steve Cooley of Los Angeles County who won't indict Cardinal Roger Mahoney for hundreds of cases of accessory after the fact to sexual battery on a child? See my 5 December 2007 post. For that matter, who is David Medina (DM)? DM was Governor Rick Perry's General Counsel. Is he today's Alberto Gonzalez? An affirmative action Texas Supreme Court Justice?

Is justice is just blind? Or deaf and dumb too? I remember the "Rocky Flats" case involving Rockwell International (RI) which a grand jury made public, much to the (In)Justice Department's chagrin. Phew! Did the (In)Justice Department protect RI? It looked that way to me. RI paid an $18.5 million fine in lieu of $982 million in clean up expenses.

CR's actions are Kafkaesque. They remind me of Joseph K who waited at the door of the law, in Before the Law, 1920, yet was never admitted to The Law. Who will indict CR for obstruction of justice?

Sol Wachtler (SW), former Chief Justice of New York's Court of Appeals said, "district attorneys now have so much influence on grand juries that 'by and large' they could get them to 'indict a ham sandwich", http://www.barrypolk.com/, 15 July 2004. SW supposedly said that to Marcia Kramer and Frank Lombardi of the NY Daily News on 31 January 1985. Why couldn't CR "control" this grand jury? Did the grand jury see the facts and refused to be intimidated by what appears to be another gangster masquerading as a "civil servant"?


Tom Stone said...

You might,just for entertainment purposes list the bill of rights as it appears in the constitution.and then strike out the "rights" that no longer apply.The rule of law is gone.It was imperfect,at best,but the alternatives are chaos or tyranny.It is pretty clear which we have chosen.

Independent Accountant said...

We may get chaos and tyranny.