Jan. 18, 2008, 12:15AM
DA to dismiss charges against Texas Supreme Court justice
By MONICA RHOR Associated Press Writer
HOUSTON — Attorneys for Texas Supreme Court Justice David Medina and his wife are waiting for prosecutors to dismiss indictments against the two in an arson fire that destroyed the couple's home in the Houston suburb of Spring last summer. But two members of a grand jury that returned the indictments Thursday told the Houston Chronicle that if the charges are dismissed the panel may reconvene next week and re-indict the pair. Medina, 49, was charged with tampering with evidence and his wife, Francisca Medina, was charged with arson in the June 28 blaze that also damaged a neighbor's house and caused nearly $1 million worth of damage in June...
Harris County District Attorney Chuck Rosenthal told Houston television station KHOU that he will move to dismiss the indictments for lack of evidence. "It is our collective feeling there is not enough evidence to pursue prosecution of the indictments and that the indictments be dismissed," Rosenthal told KHOU. Rosenthal did not immediately return a call from The Associated Press. Dick DeGuerin, attorney for Francisca Medina, told the newspaper he was told prosecutors would seek to have the charges dismissed Friday.
Grand jury foreman Robert Ryan and assistant grand jury foreman Jeffrey Dorrell weren't surprised that the district attorney's office would seek to dismiss. They told the Chronicle that the district attorney's office had said it opposed Medina being indicted. Ryan said the assistant district attorney handling the case refused at one point Thursday to process the indictment. "This is ludicrous. This is not right. This is a miscarriage of justice," Ryan told the newspaper. "If this was David Medina, comma, truck driver, comma, Baytown, Texas, he would have been indicted three months ago."
"I've just never seen anything like the vigor with which these two defendants were defended by the Harris County District Attorney's Office," Dorrell said. "It was theater of the absurd. We knew before we handed the indictment down that the district attorney was going to refuse to prosecute, but we did it anyway." Ryan and Dorrell said the grand jury, which is in session until February, might return to consider the case again next week.
The fire began in the three-car garage next to Medina's house and soon spread to the home next door. The fire engulfed the rest of the Medinas' home and damaged a third house, causing about $900,000 in damages. Medina's home, where his family had lived for nearly 15 years, was valued at about $309,000. The Harris County Fire Marshal's office has said the fire was not electrical or accidental. A dog detected an accelerant at the scene, and authorities identified six "persons of interest."...
http://www.chron.com/disp/story.mpl/ap/tx/5465646.html