Grand Jury Foreman Defends DeLay Indictment (More Impropriety in Travis County Grand Jury)

News 8 Austin ^ | 9/29/2005 | Hermelinda Vargas

[mewzilla]

Who picks a grand jury in Texas?

[grjr21]

"Isn't it highly illegal for members of a Grand Jury to talk about their deliberations?"

The Grand Jury is secret only during it's term of service or until an indictment is presented
After that  the transcripts of testimony are available just like any other public document
At least thats the case in PA when I served on a Grand jury.

[Alissa]

Uh, exactly what has he talked about? All he's said is that he believes the indictment he and the others issued was warranted. Not exactly letting out anything we didn't know there.

I guess it's OK for a grand jury foreman to go before the media and state he thinks someone he just indicted is guilty? You're telling me that it's proper when he's only heard one side of the story? There is a good reason grand jury members are not suspose to speak out. This man has just tried Delay in front of the public with secret information - in the same manner as Earle. We're to assume they are correct.

[writmeister]

What happened in the KBH case is that the trial court suppressed evidence which was illegally obtained. Whem Earle refused to proceed with the prosecution, the judge ordered the jury to enter a not guilty verdict since jeopardy had already attached with the seating of the jury.

The KBH case was presided over by Judge John Onion, who had spent 18 years as the presiding judge of the Texas Court of Criminal Appeals (the supreme court for criminal cases in Texas).

[writmeister]

Keep also in mind that grand jurors in Texas are personally appointed by the local district judges. Travis County is one of the few remaining Texas counties with elected Democrats serving as judges.

[writmeister]

I have not researched this myself, but a friend (whose intellect I respect and who is a veteran Texas prosecutor) told me that, until 2003, the conspiracy provisions of the Texas Penal Code did not apply to alleged violations of the Texas Elections Code.

In other words, what Congressman DeLay is alleged to have done is not a crimnal offense.

[ConservativeGreek]

No bills were passed here too.

13 out of 24 to indite.

Is there enough evidence to move to a trial. That was all we were allowed to discuss.

[KJC1]

Legally, who would be responsible for following up on a GJ member talking? The DA (no fear there) or the Judge?

The judge is the person who selects grand jury members from the pool, gives them instructions on what their duties are (including maintaining secrecy), and is the one who holds jurors accountable if they violate any of the instructions.

[Jarhead1957]

Yep, and Dick DeGuerin is the same attorney that kicked his *** on that case Against Kay Bailey Hutchison.

[Jarhead1957]

Ronnie never lets a thing like the law get in the way of his holy crusade.

[savedbygrace]

The Grand Jury also doesn't have a clue as to which pieces of "evidence" will actually be admissable and which will not. That's up to the trial judge.

[Jarhead1957]

At the end of a presentation the DA always makes a recommendation on the case. I worked in a nearby DA's office for years, and cannot remember a Grand Jury going against that recommendation one time. In other words they take the word of the DA that it is a good case.

[savedbygrace]

And since Earle knew the film production company needed an indictment handed down so they could continue making the film about him, Earle accommodated.

[Jarhead1957]

Bingo!!!!!!

Sue Bob has a great post on legal aspects of Ronnie going public. It is titled Ronnie Earle: Ethics Be Damned!

[HoustonCurmudgeon]

I believe it is illegal to talk about testimony but OK to say who came before you. The law is (I think) also more lenient once your Grand Jury adjourns.

[Jarhead1957]

Great posting, keep it going, we need a new DA in Travis County. This one smoked too much strange tobacco in college.

It is High School Playoff time, and that may be the one thing more important in Texas than politics.

[Dog Gone]

As far as I know, the oath of secrecy that the grand jurors take is permanent. This guy is very much pushing the envelope.

[Ann Archy]

Wonder how he feels about being the SIXTH Grand Jry to look into these charges and all the others passed! Gibson is probably a close cousin of Louisiana politicians.

[wildandcrazyrussian]

Several Republicans I knew when I was living in southern Florida (infested with liveral Democrats) were indicted for various election-law or financial matters, and not a single one was ever convicted of anything. Any normal person can see that a grand jury "indictment" is just another in the toolset used by sludge material like Earle to try to dfestroy conservatives and Republicand.

[Artemis Webb]

There is a spell check button. Please use it.