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22 janvier, 2008 12:09

Mary Alice Robbins, John Council and Brenda Sapino Jeffreys

Texas Lawyer

01-18-2008

This morning, 176th District Judge Brian Rains of Houston dismissed indictments against Texas Supreme Court Justice David Medina and his wife in connection with the June 28, 2007, fire that damaged the Medinas' home and a neighboring house in Spring.

The Harris County District Attorney's Office filed a motion to dismiss the indictments on the grounds there was "insufficient evidence" and Rains granted the motion.

The prosecutor handling the case, Vic Wisner, says the investigation into the fire continues.

A Harris County grand jury indicted Medina and his wife on Jan. 17. Houston criminal-defense attorney Terry Yates, who represents Medina, said the grand jury indicted the Supreme Court justice on a tampering charge and indicted Medina's wife on an arson charge.

"We're just shocked by this, and we will vigorously fight it," Yates, owner of Terry W. Yates & Associates, said Thursday.

Harris County District Attorney Chuck Rosenthal said on Jan. 17, "After running it past our Legal Services Bureau, we didn't find there was sufficient evidence to get past a directed verdict."

The Legal Services Bureau consists of appellate lawyers.

Rosenthal said the grand jury asked his office to prepare some indictments, even though the Legal Services Bureau took the position that there wasn't enough evidence to justify an indictment.

"The grand jury decides in some cases on their own that they want to indict a case, and they ask us to bring an indictment. I instructed the prosecutor handling the case to do what the grand jury said," Rosenthal said Thursday.

Dick DeGuerin, attorney for the justice's wife, Francisca, says his client denies she was involved in starting the fire. "She didn't have anything to gain," DeGuerin says. "That was their dream house."

In October 2007, the Harris County Fire Marshal's Office declared the fire at the Medina home to be incendiary, meaning that it was purposely started. The fire caused approximately $900,000 in damages, according to a news release issued at that time by the fire marshal. No one was injured in the blaze but the house was a complete loss.

Later that month, Rosenthal told Texas Lawyer that Medina was not a suspect. "I called Judge Medina telling him to anticipate a grand jury subpoena and I told him that he was not a suspect," Rosenthal said. "In Harris County, we warn people if they're suspects." Rosenthal said that Medina agreed to appear before the grand jury.

Last October, Medina told Texas Lawyer he was pleased with Rosenthal's announcement. "I never thought I should be considered a suspect. I never understood that and it's certainly a relief to get that. But it's still difficult to go through this entire ordeal."

Medina said his house was not covered by insurance when it burned.

"It was just a miscommunication with the way the policy was set up," Medina said at the time. He also said there was trouble with his mortgage payments on the house when he switched financial institutions. "I would make those payments," Medina said last October. "And for some reason they didn't get there. When I found out, I took care of it immediately."

Williamson County District Attorney John Bradley says sometimes a prosecutor presents a case to a grand jury even though he ultimately can't prove the charge. The reason is so the public will have confidence in the criminal justice system and doesn't think public officials are receiving special treatment.

"Sometimes you take a case to a grand jury because it's a big public official ... The district attorney still has the authority to say, 'There is still probable cause ... but I can't prove it' and dismiss the case. It's certainly an awkward position to be in but it's all how the system can and should work if the prosecutor's ultimate duty is that justice should be done."