An appellate court ruled on Thursday that the grand jury can continue to exclude prosecutors from listening to witnesses testify in secret proceedings in the ongoing investigation.
"Compelling the prosecutors themselves to testify with subpoenas Tuesday is further indication that the grand jury is examining the role the DA's office has played in cases involving breath alcohol testing vehicles known as BAT vans.
Last Tuesday when defense attorney Brent Mayr, an outspoken critic of the BAT vans, was called to testify, the Harris County grand jury kicked out three senior prosecutors - even threatening to have the bailiff arrest them if they did not leave, according to court records.
Brown, who empaneled the grand jury, refused prosecutors pleas to be present during the testimony, and her ruling was upheld Thursday by the 14th Court of Appeals in Houston. District Attorney Pat Lykos has since said her office is considering taking the appellate court's decision to a Texas Court of Criminal Appeals."
REPORTERS ANITA HASSAN AND BRIAN ROGERS: THE HOUSTON CHRONICLE;
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"After taking several hours of testimony from Harris County prosecutors Tuesday, a grand jury apparently investigating the Houston Police Department's troubled mobile alcohol-testing vehicles asked a district judge to extend its term and assign a special prosecutor," the Houston Chronicle story by reporters Anitaa Hassan and Brian Rogers published on October 25, 2011 under the heading, "Grand jury asks for special prosecutor, term extended in investigation," begins.
"In open court Tuesday afternoon, grand jurors asked state District Judge Susan Brown to extend their three-month term past their scheduled end date in early November. Brown said she would rule on both motions by the grand jury's next session Thursday," the story continues.
"The request came on the heels of the 12 jurors, whom also may be looking into issues with the DA's office, listening to testimony by at least three Harris County assistant district attorneys and a judge, who is a former prosecutor, all of whom have worked on cases involving breath alcohol testing vehicles, according to sources who did not want to be identified.
Excluding prosecutors
An appellate court ruled on Thursday that the grand jury can continue to exclude prosecutors from listening to witnesses testify in secret proceedings in the ongoing investigation.
Compelling the prosecutors themselves to testify with subpoenas Tuesday is further indication that the grand jury is examining the role the DA's office has played in cases involving breath alcohol testing vehicles known as BAT vans.
Last Tuesday when defense attorney Brent Mayr, an outspoken critic of the BAT vans, was called to testify, the Harris County grand jury kicked out three senior prosecutors - even threatening to have the bailiff arrest them if they did not leave, according to court records.
Brown, who empaneled the grand jury, refused prosecutors pleas to be present during the testimony, and her ruling was upheld Thursday by the 14th Court of Appeals in Houston. District Attorney Pat Lykos has since said her office is considering taking the appellate court's decision to a Texas Court of Criminal Appeals.
Because grand jury proceedings are done in secret, their intentions are unclear. However, court documents filed last week shed light on the investigation along with suspicions from defense attorneys involved who believe the investigation centers around allegations about the BAT vans, issues with the police department and possibly the DA's office.
Ex-crime lab official
Along with Mayr, formerly the division chief of vehicular crimes for the DA's office before leaving for private practice, the grand jury also subpoenaed Amanda Culbertson, a former HPD crime lab supervisor, according to her attorney Chip Lewis.
In July, Culbertson testified during a court hearing that she resigned from the HPD crime lab because she could no longer trust accuracy of breath alcohol results from tests performed in the department's BAT vans.
Lykos, who said no one in her office has been informed as to what the grand jury's investigation concerns, said her office is still looking into allegations surrounding the BAT vans and is concerned with those issues having to do with the police department's crime laboratory."
The story can be found at:http://www.chron.com/news/houston-texas/article/Grand-jury-asks-for-special-prosecutor-term-2236235.php
PUBLISHER'S NOTE: The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/charlessmith
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
